Terms

TERMS OF USE OF WEBSITE

Please read these terms of use (Terms) carefully and completely before using this site. By entering this site or the links accessible through this site or mobile applications, you expressly agree to be bound by these Terms.

The information and the resources contained on and accessible through this site are made available by Food Supplements International Pty Ltd ACN 617 701 069 trading as Happy Healthy You (Happy Healthy You) and are subject to your agreement to these Terms. 

The following Terms may be modified or varied by Happy Healthy You at any time (either with or without notice) and the most recent version will be published on this site under the Terms of Use link.   Any changes made will take effect in respect of all subsequent uses by you of this site. You should, therefore, check these Terms every time you use this site and only if you accept these Terms should you proceed to access and use the information and resources available on this site.

These Terms are in addition to and are not in substitution for the Happy Healthy You customer Terms and Conditions of Trade.

COPYRIGHT AND TRADEMARKS

All materials on this site or any linked mobile applications, including the site's design, layout, organisation, data and images are owned, trademarked and/or copyrighted by Happy Healthy You and are protected by the relevant Australian and International laws. 

You acknowledge that Happy Healthy You is the owner of all of the property together with the rights and entitlement to this site and including, the trademarks which are registered or under application. Some of those trademarks are used in this site. You are not permitted to use Happy Healthy You’s trademarks or logos without its prior written consent, unless such use is otherwise permitted by this site or by law.

You acknowledge that Happy Healthy You is entitled to disclose all information and material as provided by you if compelled or otherwise required to do so by law, at the request of a third-party, or if Happy Healthy You in its absolute discretion believes that the disclosure is required in order to, comply with law, requests from law enforcement or any legal process, or to protect or defend Happy Healthy You’s rights or property. 

USE OF THIS SITE AND MOBILE APPLICATIONS (“APPS”)

By using this site, you expressly agree to be bound to the following provisions:

1. In using this site and any Happy Healthy You apps, you must not: 

  a.) change or delete any copyright or proprietary notice from materials downloaded from this site or any site accessible through this site, or through any apps; 

  b.) modify, copy, distribute, transmit, display, perform, reproduce, publish or licence any material from this site;

  c.) use or attempt to use any material published on this site to create any other web site or publication; 

  d.) mirror or frame any web site or page within this site; 

  e.) use any automated process of any sort to query, access or copy any material on this site or compile any document or database based on the material published on this site; 

  f.) transfer or sell any information, functionality or products or services offered on this site without the written approval of Happy Healthy You;

2. Happy Healthy You may terminate your right to access and use this site or any app at any time. 

3. Any requests for Happy Healthy You's permission to publish, copy, reproduce, distribute, transfer, or otherwise use any materials contained in this site or any app should be directed through to support@happyhealthyyou.com.au. 

4. You acknowledge that communications through this site or any app may be public and not private communications. Further, you acknowledge that communications should not be considered reviewed, screened, or approved by Happy Healthy You. 

5. Use of the Happy Healthy You site or any app and contact/communications services/reviews sections on the site is provided on condition that you do not do any of the following: 

  a.) transmit any information or material which is knowingly incorrect, misleading or deceptive; 

  b.) transmit any defamatory, infringing, obscene, indecent or unlawful information or material; 

  c.) use the communications services for any unlawful purpose; 

  d.) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; 

  e.) advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters; 

  f.) download any file posted by another user that you know, or reasonably should know, is unlawful or contrary to these Terms; 

  g.) excessively use the communications services in a manner which may hinder or prevent Happy Healthy You from providing services to any other persons or which may threaten the integrity or use by any person of this site; 

  h.) authorise, aid, abet, encourage or incite any person to do any of the above acts.  

6. Happy Healthy You may, but has no obligation to do so, review communications by you and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted on this site or any app. 

7. You hereby consent to allow Happy Healthy You to send you promotional material from time to time. 

INDEMNITY

You agree to indemnify, defend, and hold harmless Happy Healthy You from any liability, loss, claim, and expense (including reasonable solicitors' fees) related to your violation of these Terms or use of this site in any manner.

All information contained on this site is given in good faith and has been derived from sources believed to be accurate. However, the information is selective and Happy Healthy You may not have verified the information, which may not be complete or accurate for your purposes. Happy Healthy You makes no representation or warranty of any kind as to the accuracy or completeness of the information. It is general information only and should not be considered as a comprehensive statement or financial or medical advice on any matter and should not be relied upon as such.

DISCLAIMERS

Happy Healthy You disclaims all express or implied representations or warranties with regard to the information, services, products, materials, and any other resources contained on or accessible through this website, including without limitation any implied warranties of merchantability or fitness for a particular purpose. All information provided by Happy Healthy You is made available "as is" and "as available" without warranty of any kind, or any express or implied promise, including, by way of example, its continuing availability.

To the maximum extent permitted by applicable law, in no event will Happy Healthy You be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss, which by way of example, includes loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the use or performance of this website, with the delay or inability to use this website, or with the provision of or failure to make available any information, services, products, materials, or other resources contained on or accessible through this website, even if advised of the possibility of such damages.

EXTERNAL SITES

This site may from time to time include links to other Internet sites created and maintained by third parties. Be aware that Happy Healthy You does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on these or any other Internet sites.

Further, the inclusion of these links is merely for your convenience and is not intended and does not reflect Happy Healthy You’s opinion on the accuracy or the importance of these other sites; further, Happy Healthy You does not endorse in any manner any of the information provided in, views expressed in, or products or services offered by these other sites.

All information in any associated or linked site, is extracted, read, used, or relied upon by you at your own risk.

GENERAL

Happy Healthy You's failure to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right.

You agree that the Law of the State of Queensland will govern this site and products and services provided via this site. Any dispute arising out of the use of this site will be subject to the exclusive jurisdiction and venue of the federal and state courts within the State of Queensland.

PRIVACY POLICY

Happy Healthy You collects, holds, uses and discloses personal information in accordance with its Privacy Policy.

Happy Healthy You is committed to protecting your privacy. Happy Healthy You is bound by the Privacy Act 1988 (Commonwealth) (“Privacy Act”) and will protect your personal information in accordance with the Australian Privacy Principles. These principles govern how Happy Healthy You can collect, use, disclose and hold your personal information as well as ensuring the quality and security of your personal information. Please read Happy Healthy You’s separate Privacy Policy information carefully for further information.