Disclaimer

Website Terms of Use

1. About us

"We", "Our" and "Us" refers to Healthy Habits Franchising Pty Ltd collectively. "You" and "Your" refers to you as the user of the website we operate at the domain name www.healthyhabits.com.au (the "Website").

2. Acceptance of terms

Your use of:

(1) the information and material on the Website is governed by Our Privacy Statement and these Terms of Use; and

(2) the Website indicates your acceptance of these Terms of Use.

In addition, certain sections of the Website contain specific terms or disclaimers which are part of these Terms of Use. You should review those specific terms where they are used.

3. Accuracy of information

Although we make all reasonable attempts to ensure the accuracy of information supplied on the Website, we do not accept any responsibility or liability for any failures or inaccuracies.

Specifically, subject to any legal responsibilities which cannot be excluded, we make no warranty or representation regarding the quality, accuracy, merchantability or fitness for purpose of the material or services we provide on the Website, or that access to the Website will be uninterrupted.

We do not endorse or recommend any third party products referred to or mentioned on the Website.

4. Changes to the Website

We reserve the right to vary any material that appears on the Website, or these Terms of Use, at any time. Any variations will be published on the Website. You agree that by doing this we have provided sufficient notice of any variations.

5. Copyright

Copyright in the Website (including titles, text, graphics, logos, icons, sound recordings and software) is owned or licenced by us. Except as permitted by the Copyright Act 1968 (Cth) (and similar legislation which applies in your location) or expressly permitted by these Terms of Use, you may not:

(1) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or

(2) commercialise any information, products or services obtained from any part of the Site; without our prior written consent.

6. Trade marks

The Site includes registered trademarks owned by us (or our licensors) and trade marks that may be the subject of applications for registration by us (or our licensors).

You must not use any of our trade marks or company names or business names:
(1) in or as the whole or part of your own trademarks or business name or company name;
(2) in connection with activities, products or services which are not ours;
(3) in a manner which may be confusing, misleading or deceptive; or
(4) in a manner that disparages us or our information, products or services (including the Site).
You must not authorise or assist any person to do any of the above.

7. Monitoring

We may monitor usage of the Website to determine compliance with these Terms of Use.

8. Access

We may immediately terminate your access to the Website without notice. The disclaimer in these Terms of Use survives any such termination or deletion. You agree that your only right with respect to any dissatisfaction with the Site is to cease using the Site and to delete your account.

9. Specific warnings

You must take precautions to ensure that the process which you adopt for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. To avoid doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with the Website or any linked website.

We do not warrant the accuracy, adequacy or completeness of the information appearing on the Website, nor do we undertake to keep the Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of such information.

You acknowledge that, despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or the Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

10. Security of information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which is transmitted to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

11. Disclaimer

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may suffer in connection with your use of the Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is excluded. If legislation implies any condition or warranty, and that legislation voids or prohibits us from excluding or modifying any such term, that term will be deemed included in these Terms of Use.

12. Limitation of Liability

Subject to any responsibilities implied or imposed by law which cannot be excluded, we and all Our related bodies corporate exclude any liability to You for any for any direct, indirect, incidental, consequential, special or punitive loss or damage in relation to Your use of the Website, the material on the Website, or use of or material on any Third Party Site.

Liability which cannot be excluded is limited to the extent possible, at our discretion, to:
(1) the supply of the goods or services again; or
(2) the payment of the cost of having the goods or services supplied again.

13. Third party websites and software

Although the Website may contain links to third party operated web sites ("Third Party Site"), unless specifically stated we do not endorse or approve of the operators of, or the information contained on, any Third Party Site. The content of the Third Party Site is the responsibility of the site's operator.

We make no representations or warranties regarding the accuracy, quality or fitness for purpose of the services or information provided on the Third Party Site. We make no representations or warranties that the material on the Third Party Site does not infringe the intellectual property rights of any other person.

14. Third party content

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective authors or distributors and not of us. In many instances, the content available through the Websites represents the opinions and judgments of the respective content provider. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorised Dymocks spokespersons while acting in their official capacities.

15. Privacy

Our privacy and security policy may be found at the following link: http://www.healthyhabits.com.au/privacy-policy

16. Jurisdiction

These Terms of Use are governed by the laws of New South Wales, Australia.

17. Email Enquiries

All enquiries should be directed to reception@healthyhabits.com.au.

18. Other matters

We expressly reserve our rights in relation to any matter not referred to in, or rights not granted by, these Terms of Use.

19. General

We accept no liability for any failure by us to comply with these Terms of Use where such failure is due to circumstances beyond our control.

The non-exercise or delay in performance of a right under these Terms of Use does not constitute a waiver. If we waive any rights available to us under these Terms of Use on one occasion, it does not mean that those rights will automatically be waived on any other occasion.

Headings in these Terms of Use are for convenience only and do not affect interpretation.

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.