- These are the terms on which The Healthy Mummy Pty Limited (ACN 153 827 751) (referred to as The Healthy Man, we, our or us) permits users (referred to as you or your) to:
- access and use The Healthy Man website (the Website) including using the services and functionality made available through the Website;
- view and interact with any content, information, communications, advice, text or other material provided by The Healthy Man (including, but not limited to, our blogs, recipes, eBooks and fitness programs) (The Healthy Man Content) or any User Content;
- purchase products on the Website, including subscriptions and
- upload User Content to the Website and communicate with The Healthy Man.
- If a word or phrase is capitalised in these Terms, it has the meaning provided where it is shown in bold in these Terms. Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. These terms are the entire agreement between us in relation to their subject matter.
- You agree to be bound by these Terms when you use, browse or access any part of the Website.
- The Healthy Man may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. Subject to clause 1.5, your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
- If you have a subscription, the Terms applicable when you purchased your subscription will apply until you agree to any changes, or you renew your subscription.
Changes to products, services and pricing
- We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances). Our current prices, products and services are as set out on the Website.
- All updates and modifications to the Website including any changes to The Healthy Man Content, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website.
Registration of Accounts
- Although you may browse the Website without creating an account or providing your details, certain features and functionalities of the Website can only be accessed by the creation of an account (Account), which in turn requires you to provide all of the information requested, including by entering an Account password (Password), at registration.
- You warrant that all information and data provided by you in the registration of your Account is accurate, complete and up to date. You will promptly inform The Healthy Man if there is any change to this information or data.
- You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify The Healthy Man of any Password which is lost, inoperable or used in an unauthorised manner or if you become aware of any unauthorised access or use of your Account.
- You will be fully responsible for all acts and omissions of any person using your Password and Account, as if they were your own acts and omissions. You agree that you will not share, disclose, or permit disclosure of, your Password, let anyone else access your Account or do anything that would risk the security of your Account. The Healthy Man will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of your Password and Account, and you will indemnify The Healthy Man against all loss, damage, claims, costs or demands in this regard.
- You agree that if we disable or terminate your Account for any reason, you will not create another one without our permission, whether through the use of your own personal details or those related to you or created by you.
- We reserve the right to refuse registration of any Account, at our sole discretion.
The Healthy Man Content
- The Healthy Man Content on the Website is for general information and promotional purposes only. The Healthy Man does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any reliance or use of any information provided by or contained in the Website, The Healthy Man Content or services made available through the Website is solely at your own risk.
- The Healthy Man Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of The Healthy Man Content on the Website is not an endorsement of any organisation, product, service or advice.
- All intellectual property rights, including copyright, in the Website and The Healthy Man Content are owned or licensed by The Healthy Man or any of its related entities. You must not copy, modify or transmit any part of the Website or The Healthy Man Content.
- The Website may contain trade marks, logos and trade names of The Healthy Man or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the Website.
- The Healthy Man grants you a non-exclusive and non-transferable licence to use the Website for your own personal use, subject to the restrictions specified elsewhere in these Terms. It is not to be otherwise used for commercial exploitation.
- If you have a complaint regarding any The Healthy Man Content or User Content, The Healthy Man ‘s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular The Healthy Man Content or User Content.
Links and advertisements
- The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). The Healthy Man provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.
- Any personal information or personal data submitted by you (whether of you or another person from who you have the necessary consents to provide that personal information as contemplated in clause 6.2) to The Healthy Man will be used for the purposes contemplated by these Terms, including but not limited to:
- processing your payments for purchasing any products;
- providing you with goods and services you have purchased;
- communicating with you, including via email, regarding your Order, your Account or Purchases, or regarding other interactions you have with us via the Website; and
- providing direct marketing communications to you when you sign up to receive email updates from The Healthy Man.
- If you are submitting to the Website, the personal information or personal data of any other person, you warrant that the person is aware of and has consented to the use of their personal information or personal data in accordance with these Terms.
- You agree that, by submitting your payment and confirming your Order via the Website, you have read and understand these Terms and consent to these requirements.
- We have used our best endeavours to ensure all information, graphics, audio and video and other items appearing on the Website are correct and up-to-date at the time of publication. The Healthy Man does not represent or warrant the accuracy or completeness of the Content and is not responsible for any errors, omissions or defects. Depending on the resolution of the screen you use to access the Website, the colours of products as displayed on this Website may not constitute an accurate depiction of the true colour of the item.
- The Healthy Man makes no claims or representations as to how much weight you can lose using any of The Healthy Man products or services. Your results will vary from any examples given. Your total weight loss will depend upon your circumstances, the amount of calories that you consume on a daily basis, your determination, your activity level, any underlying medical conditions and the duration of your efforts to lose weight.
You will fully indemnify and hold harmless Healthy Man in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
- any breach of these Terms by you;
- your use of the Website or The Healthy Man Content;
- User Content you post on the Website;
- any third party use of the Website through your Account (whether authorised or not);
- your communications with The Healthy Man; or
- your use of third party websites linked to the Website.
Warranties, consumer guarantees and limitation of liability
- Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
- The Healthy Man will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, The Healthy Man Content, all links to or from the Website or the goods and services advertised or referred to on the Website.
- The maximum aggregate liability of The Healthy Man for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
- Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
- To the fullest extent permitted by law, the liability of The Healthy Man for a breach of a non-excludable guarantee referred to in clause 9.4 is limited, at The Healthy Man’s option, to:
- in the case of goods supplied or offered by us, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
- in the case of services supplied or offered by us:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- in the case of goods supplied or offered by us, any one or more of the following:
No provision of medical advice
- The Website, The Healthy Man Content and services made available through the Website offer healthy lifestyle, fitness, exercise, nutritional and other weight loss information, but are designed for educational purposes only. This information is not a substitute or replacement for professional medical advice, diagnosis or treatment, and you should not rely on this information as such. You should always consult a health-care professional if you have any concerns or questions about your health, and you should not disregard, avoid or delay obtaining medical or health-related advice from your health-care professional because of something you may have read on the Website.
- Nothing contained in the Website, The Healthy Man Content or services made available through the Website is intended to be, and must not be taken to be, the practice of medical or counselling care.
- Whilst advancements and developments in medical research may affect the health, fitness and nutritional information contained in the Website, The Healthy Man Content, products or services made available through the Website, we do not guarantee that such information will always include the latest or most recent findings or developments.
- Your access or use of the Website, The Healthy Man Content or services made available through the Website does not in any way create between you and The Healthy Man, a confidential or privileged relationship, a relationship of practitioner and patient, or any other relationship that would give rise to any duties on our part.
- If you experience any pain or discomfort during exercising, please stop all exercise immediately and consult with a medical professional.
Access and communication
- Subject to clause 9.4, The Healthy Man does not warrant that you will have continuous access to the Website.
- The Healthy Man will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
- The Healthy Man does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
- Whilst The Healthy Man takes reasonable precautions to protect information transmitted via the Website, The Healthy Man cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
- The Healthy Man does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
Termination of your access to the Website
- The Healthy Man may at any time immediately terminate or suspend your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice..
- This clause 12.2 and clauses 4, 8, 9, 20, will survive termination of your access to the Website in accordance with clause 12.1 and will continue to the benefit of and be enforceable by Healthy Man.
- As this site can be accessed throughout Australia and overseas, The Healthy Man does not represent that The Healthy Man Content complies with the laws of any country outside Australia, or that any competition, offering or content accessible through the Website is appropriate or available for use in locations outside Australia. If you access this site from outside Australia, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located. You are not authorised to access the Website from any location where doing so would be illegal.
- You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
The Healthy Man Shop
Ordering and Payment through The Healthy Man Shop
- You may order and purchase products through The Healthy Man Shop available through the Website (an Order).
- Payment for an Order (including any shipping charges), subscription (a Purchase) is made online through the Website (Online Payment).The prices for all Purchases will be as set out on the Website from time to time.
- Your Order will be delivered to you using one of our third party couriers.
- The Healthy Man uses Braintree and Merchant Warrior to process Online Payments. For more information on Braintree security processes, please visit their website at https://www.braintreepayments.com/au. For more information on Merchant Warrior security processes, please visit their website at https://www.merchantwarrior.com/
- The specific terms and conditions of supply for any products or services purchased via the Website will be notified to you via the Website before you finalise your Purchase. Your confirmation of any Purchase indicates your acceptance of those terms and conditions of supply, which will upon confirmation of the Purchase be incorporated into these Terms in respect of that Purchase.
- In the event that an item in your Purchase is unavailable, or we are otherwise unable to fulfil your Purchase, we will use best endeavours to notify you within 5 business days to arrange an agreeable alternative item, a backorder, or a full refund.
- Title to the products in your Order passes to you upon delivery. All risk of loss or damage to the products in your Order passes to you when we dispatch your Order from our premises.
Refunds and Returns
- Subject to 15.2 below, The Healthy Man offers a 30-day money-back guarantee for change-of-mind (a Refund) on all products purchased through The Healthy Man Shop except memberships, subscriptions, eBooks, books published by third parties, and anything else set out on the Website as not being refundable.
- In order to receive a Refund:
- please complete the returns form (available here), and include any unused product and any free gifts that were included in your original purchase.
- The product (or its empty packaging in the instance of any food, smoothies or supplements), along with the original order/receipt and (if applicable) any accompanying free gift must be returned (at your cost) to:
The Healthy Man Receiving Dept
PO Box 138
- Must be received by The Healthy Man within 30 days of your Order. For the avoidance of doubt, any items purchased on pre-order than arrive more than 30 days following the date of your Order will not be eligible for Refund.
Subscriptions and Memberships
The Healthy Man Memberships and Subscriptions
- The Website will set out product subscriptions which are available from time to time (Product Subscriptions). Each Product Subscription will have the characteristics and will continue for the term set out on the Website, and is to be paid for in accordance with clause 18.
- If you wish to cancel your Product Subscription, put it on hold, or switch to a different subscription level, please contact our customer service team by email at [email protected]
- The Website will set out other types of memberships which are available from time to time (Memberships). Each Membership will have the benefits and will continue for the term as set out on the Website. This clause 17.4 shall apply to such Memberships.
- Payment options for Memberships will be as set out on the Website, and are to be made in accordance with the terms set out in clause 18.
Payment for Product Subscriptions and Memberships
- The provisions of clause 14 apply to the purchase of any subscription or membership, in addition to the provisions of this clause 18 (as applicable).
- Subscription payments
- If you are purchasing a Product Subscription or any Membership that is subject to renewal, this clause 18.2 applies.
- Payments are debited from your nominated payment method either every week, month, quarter, 6 months, annually or every 24 months, from the date of your original purchase depending on the payment option you select.
- You will not receive notice on each occasion a payment is deducted. You are responsible for ensuring you have sufficient funds available in or on your nominated payment method before the payment is due to be deducted.
- You expressly authorise The Healthy Man to make automatic debits from your nominated payment method in accordance with these Terms.
- If we are unable to process a payment in accordance with this clause, we reserve the right to:
- re-attempt to process the payment at a later date; and/or
- cancel your subscription or membership.
- Payment Plan payments
- If you are purchase a Product Subscription or Membership on a payment plan (as provided by the Website), this clause 18.3 applies.
- Your first payment under the payment plan will be made at the time you make your purchase, with each following payment to be made in three additional fortnightly payments, over a period of 42 days.
- The amount of each payment will be determined by dividing the total fees owed (including any shipping costs) by four.
- If we are unable to process a payment in accordance with this clause, we reserve the right to:
- contact you to inform you of the overdue payment, and organise a payment of the outstanding amount; and/or
- re-attempt to process the payment at a later date; and/or
- cancel your subscription or membership.
- Healthy Man Pay
- Healthy Man Pay is a traditional layby service, we do not deliver any orders until the payment plan has been successfully paid in full.
- Layby Period is defined as the number of weeks from your first payment date to your final payment date.
- Our standard Layby period is eight (8) or four (4) weeks.
- We accept payment by Mastercard, Visa or PayPal.
- Regular payments must be made in accordance with your chosen payment frequency.
- Your Layby will be delivered to your delivery address within 14 days after the final payment date unless there is a product delay outside of our control. You can change your delivery address online, or via email up to the date of your last payment.
- Your order can be cancelled at any time up until the delivery of your order to your nominated delivery address. Please see below for more info on our cancellation policy including cancellation charges which may apply.
You may cancel the layby at any time during the term. If you fail to make payments when they are due, this will be treated as a cancellation of the layby by you. In these instances, you will be entitled to a refund of the amounts you have paid less a termination fee of $20.
- If you submit a recipe to The Healthy Man (or other content as may be agreed upon by you and The Healthy Man from time to time) for payment (Paid Content), you hereby assign to The Healthy Man absolutely and beneficially, the whole of your right, title and interest in and to the Paid Content including any intellectual property rights subsisting in the Paid Content with effect on and from the date of creation of the Paid Content.
- In giving effect to the assignment set out in clause 19.1 above, you also give the warranties set out in clause 20.9 below, as if the Paid Content was User Content.
- When you use the Website, you may upload pictures, photographs, graphics, information, comment, content, communication, text or other material to the Website (User Content). Others may also upload User Content that you are able to view.
- Any User Content you upload to the Website:
- may be accessed and viewed by the public; and
- can be used by us in accordance with the licence terms set out in clause 20.4 including to promote the Website.
- You agree to be solely responsible for any User Content that you upload to the Website. You warrant and represent that any User Content you upload to the Website will not violate these Terms.
- You retain all intellectual property rights in the User Content you upload to the Website. By uploading the User Content, you grant us a perpetual, non-exclusive, royalty free, irrevocable, transferable and worldwide licence (including the right to sub-license) to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re-distribute, broadcast, transmit, create derivative works from and incorporate in other works, the User Content, at any time in the future in any form and for any purpose (including but not limited to promotion or advertising use in the future).
- You consent to your User Content being altered, edited or adapted by us for any reason including to ensure your User Content does not infringe these Terms. To the extent that you have any moral rights (pursuant to the Copyright Act 1968 (Cth)) in the User Content, by agreeing to these Terms, you provide an irrevocable and unconditional consent in favour of us, our successors, assignees, licensees and any other person authorised by any of them to use, modify or deal with your User Content (whether or not currently in existence) to:
- perform, exhibit, reproduce, adapt and communicate any part of your User Content in any medium and anywhere in the world without attributing you or any other person as an author of or contributor to that User Content;
- do any act or omission that would constitute a derogatory treatment of your User Content;
- make any use of your User Content that may falsely attribute authorship of the User Content to another person;
- delete or adapt or change any of your User Content in any way, including by addition to or subtraction from your User Content; or
- combine or juxtapose your User Content with anything else.
- Where the User Content uploaded by you to the Website contains material from third parties, you warrant that you have obtained the moral rights consents described in clause 20.5 from such third parties.
- We may access or examine any User Content and at our discretion monitor, move, remove, block, modify, edit, refuse to upload or disable access to User Content which we consider, in our sole discretion, to breach any law or these Terms or to be otherwise unacceptable.
- You acknowledge that we:
- have no responsibility or liability for the deletion or failure to store any User Content uploaded by you or any other user on the Website; and
- are not responsible for any User Content uploaded to the Website by you or any user nor under any obligation to monitor, move, remove, block, modify, edit, refuse to upload or disable access to it.
You represent and warrant that:
- you own the User Content or have the necessary licences, rights, consents and permissions to publish the User Content you upload on the Website;
- you have the right and power to grant the licence contained in clause 20.4 to us;
- the User Content uploaded by you will not infringe the intellectual property rights of any third party; and
- you will not upload User Content that will cause you to breach these Terms, in particular clause 21.
- You understand that we do not guarantee any confidentiality with respect to any User Content you upload to the Website.
- You acknowledge and agree that we are under no obligation to take legal action in relation to commencing, defending, enforcing, settling or compromising (as appropriate) any infringement, claim or action relating to your intellectual property rights in User Content or The Healthy Man Content.
- You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:
- download (other than page caching) or modify the Website or any portion of the Website;
- impersonate or falsely claim to represent a person or organisation;
- are commercial, including selling, marketing, advertising or promoting goods or services except as expressly permitted elsewhere in these terms;
- frame the Website without The Healthy Man’s express written permission;
- post, link to, or otherwise communicate or distribute any misleading or deceptive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
- post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate;
- bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- provides access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
- deletes or alters or attempts to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;
- knowingly posts or transmits or permits the posting or transmission of any material, which contains a computer virus or other harmful data, code or material; or
- solicit information (including login information) or access another person’s Account.
Governing law and jurisdiction
- These Terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
- If you have questions about the Website or the Terms, please contact us by email at [email protected]