HEALTHFUL

 

Disclaimer – Terms of use

 

General

By using Healthful mobile app, and associated sites, including any of the content or information they contain as updated from time to time (“Sites”), you agree to the following terms of use (“Terms of Use”).
These Sites contain information, data, documents, pages, images, calculator tools, links, application and script code, branding and collections of styles (“Material”) prepared by Healthful
All references to Healthful, includes Beakon Pty Ltd and/or Cloudmass Pty Ltd, and all entities relating to either of these companies.
Healthful may, without notice, amend or modify these Terms of Use by posting the amended Terms of Use to these Sites.
You agree to periodically refer to the Terms of Use to ensure that you are aware of any amendments made from time to time. Continued use of the Material will indicate your acceptance of the amended Terms of Use.

For personal use

These Sites are designed for use by residents of Australia. The contents of these Sites have not been considered in relation to the laws of any other jurisdictions. These Sites are to be used for your own personal use only, and is not to be used for commercial purposes.

Exercise your own care

The Material on these Sites is provided free of charge for information purposes only. It is general in nature and is not to be taken as a substitute for seeking appropriate medical or nutrition advice, nor can it be relied upon as medical, nutrition or legal advice.
The Material contained in these Sites has been given in good faith and is based on sources considered to be reliable and accurate at the date of publication,but Healthful does not warrant or represent that the information is free from errors or omission, is current, complete or appropriate for particular uses.
You must not assume that these Sites are error-free or that the Sites or Material will be suitable for the particular purpose that you had in mind when using them.
Healthful recommends that users exercise their own skill and care with respect to the accuracy, completeness or appropriateness of any Material contained in these Sites and seek assistance from a health care professional when interpreting these Materials and applying them to their individual circumstances.
If you have any concerns about your health or nutrition, consult your qualified health care provider.

Health and nutrition information

Daily kilojoule (kJ) intakes are not recommendations, but rather an acceptable intake which provides a benchmark suitable for certain groups of people. They do not consider individual circumstances and will not be suitable for particular users.
Material which relates to health and nutrition issues is offered for general informational and educational purposes only; it does not consider individual circumstances and is not offered as and does not constitute medical or nutrition advice. In no way are any of the Materials presented meant to be a substitute for professional medical care or attention by a qualified practitioner, nor should they be construed as such.
You should not act or rely upon any of the health- or nutrition-related resources and information available in or from these Sites without seeking the advice of a qualified physician or other qualified healthcare provider.

Physical activity information

Should you choose to engage in any physical activity you do so at your own risk. Healthful recommends you consult your health care provider prior to commencement of such activity to determine the suitability of specific physical activity to your level of fitness.

Disclaimer

This Material is provided “as is” or “as available” and without warranties of any kind. You use the Material at your own risk.
Healthful does not make any warranty as to the results that may be obtained from use of the Material.
All advice and information on these Sites is given in good faith and is based on sources considered to be reliable and accurate. Whilst the information is considered to be true and correct at the date of publication, changes in circumstances subsequent to publication may impact on the accuracy of the Information. This Material is made available on the basis that Healthful and its employees and agents shall have no liability (including liability by reason of negligence) to users for any loss, damage, cost or expense incurred or arising by reason of any person using or relying on the Material and whether caused by reason of any error, negligent act, omission, misrepresentation in, or inappropriateness or unavailability of, the Material or otherwise.
Healthful and its contracted service providers apply a range of security controls to protect these Sites from unauthorised access. However, you use and access this site at your own risk. Users should be aware that as the World Wide Web is an insecure public network that gives rise to a risk that a user’s transactions are being viewed, intercepted or modified by third parties and that files which the user downloads may contain computer viruses, disabling codes, worms, malicious software or other devices or defects. Healthful and its contractors accept no liability for any interference with or damage to a user’s computer system, software or data occurring in connection with or relating to these Sites or their use. Users are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this site is free of viruses or other contamination that may interfere with, intercept or damage the user’s computer system, software or data.

Disclaimer Regarding Product Information

Information provided under this app includes the energy values of certain foods. Data is collected from various sources such as information published on websites or from various nutrition database providers. The information provided should be used as a guide only. Portion sizes, recipes and menu options may vary from area to area and kilojoule counts for the same named products displayed on the app may not be an accurate reflection of the energy value of that product.
Healthful provide this information to you in good faith and based on sources they consider to be reliable and accurate.
While care is taken to ensure the accuracy of data used in this app, no warranty of accuracy is provided. The information available on this app should be used as a guide only and should not be relied upon in any circumstances as a substitute for professional medical advice. All users, especially those with special dietary requirements or food sensitivities, should assess the accuracy and relevance of this information for their personal circumstances.
Healthful is not liable for any loss or damage you suffer arising out of your use of or reliance on information provided under this app, except liabilities which cannot be excluded by law.
Please consult your doctor or other qualified health professional if you have questions or concerns about your, or your family’s health.

Indemnity and other liability

You agree to indemnify Healthful and its employees and agents from any liability (including liability by reason of negligence) claims, expenses (including legal fees) for any loss, damage, cost or expense which it may suffer as a result of your use of these Sites.
Healthful and its employees and agents will not be liable to you for any direct, indirect, incidental, special or consequential damages, including but not limited to loss of revenue, profits, savings or data.

Legislative and regulatory information

The information on these Sites is general in nature and cannot be relied upon as legal advice concerning the legislation enforced by Healthful. Users should obtain their own copy of any relevant legislation and seek independent legal or other advice if they believe that they may be affected by such legislation.

Third party information / external sites

These Sites include Material derived from various third parties which is neither endorsed nor supported by Healthful and does not necessarily reflect any policies, procedures, standard or guidelines of Healthful.
Content at other Internet sites is not under the control of Healthful and links to such content are provided for convenience only. Although care has been taken in providing these links as suitable reference resources, due to the changing nature of the Internet content and other reasons, users access these sites at their own risk. It is the responsibility of users to make their own investigations, decisions, and/or enquiries about the information retrieved from other Internet sites. Healthful accepts no responsibility for material contained in any site that is linked to this website or for any damage or loss that you suffer as a result of accessing that site. Provision, or non-provision, of these links does not imply any endorsement, non-endorsement, support, currency or commercial gain by Healthful.

User generated material

Healthful may publish or facilitate publication on the Sites and connected social media forums any material uploaded, posted, emailed or otherwise submitted by you and other users in connection with the interactive tools made available on these Sites (“User Generated Material”). This includes text, illustrations, photos, graphics, audio, video, Facebook ‘likes’ and similar ratings, polls, links, sharing mechanisms or other material generated by you or other users.
User Generated Material reflects the individual opinions or views of the relevant user. Healthful does not endorse any advice or opinions contained in any User Generated Material.
User Generated Material published on the Sites and connected social media forums is at the sole discretion of Healthful. It may remain on the Sites or connected social media forums for an indefinite period or may be removed at any time as Healthful sees fit.
In submitting your User Generated Material to the Sites and connected social media forums, you grant to Healthful a worldwide, royalty-free, perpetual licence to use, reproduce, edit, modify and exploit the User Generated Material that you submit, in any form or on any medium and for any purpose. Where your User Generated Material consists of personal information (as defined by Australian privacy legislation), such personal information will be dealt with consistent with the Privacy Statement.
By submitting User Generated Material you acknowledge and you warrant to Healthful that your material is original, you own the copyright in it or are authorised to use the material and have the authority to grant a licence to the Healthful as outlined in the clause above. You also warrant that your material is not confidential and does not contain anything that is obscene, defamatory or in breach of any law or regulation. You also warrant that you have obtained the consent of anyone who is identifiable in your material for their personal details to be included in your contribution, or the consent of their parent or guardian if they are under 16.
By submitting User Generated Material to the Sites and connected social media forums you agree to indemnify Healthful (including Healthful) and its employees and agents against any and all liability arising from any claims against them by you or third parties for loss or damage that arises from that material being displayed.
Healthful may monitor, moderate or exercise editorial control over User Generated Material and reserves the right but not the obligation to assess or examine or remove User Generated Material.

Advertising

These Sites may contain content inserted by third parties including, but not limited to, hyperlinks to external sites and paid advertisements. None of these things is to be taken as an endorsement, recommendation or approval of the third party advertiser or sponsor or their products or services. Healthful accepts no responsibility for the accuracy, currency or suitability or otherwise regarding third party content.

Google translate service

Translations created by Google™ translate are generated automatically by a machine and may be inaccurate. Technical, medical and legal meanings may not be reliable.
They should be used with caution and as a general guide only. Healthful does not control or guarantee the results of translations. Users should seek their own interpretation of any content.
The official text of this website is the native English version as published by Healthful. Any discrepancies or differences created in the translation are not binding and have no legal effect for any purpose.
The service is provided free for convenience only. For details see http://translate.google.com/about/intl/en_ALL/.

Other providers’ terms

In addition to these Terms of Use, the policies and terms of 3rd party providers, such as social media and mobile app platform providers, will apply. These providers may include but are not limited to:

  • Facebook (http://www.facebook.com/legal/terms).
  • iTunes Store (http://www.apple.com/legal/itunes/ww/).
  • Android market (https://support.google.com/androidmarket/bin/answer.py?hl=en&answer=1196026#AU).

 

Access to Sites

Healthful does not guarantee continued or uninterrupted access to these Sites. Healthful may suspend or prevent a users’ access to the Sites or close the Sites at any time and for any reason.

Additional terms

These Terms of Use also include the Healthful:

  • Trade marks, copyright and use permissions, and
  • Privacy Statement.

 

End notes

The Material is not and must not be relied on as a statement of Healthful policy on any particular matter.
Healthful disclaims any liability (including for negligence) by Healthful (including Healthful) or its employees or agents to any person in respect of anything and the consequences of anything, done or not done by any such person in whole or partial reliance upon the whole or part of the information in these Sites.
You expressly acknowledge and agree that these Terms of Use will be governed by and construed in accordance with the laws of New South Wales, Australia.
If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use, which will continue in full force and effect.
Healthful’s failure to insist upon or enforce strict performance of any provision of these Terms of Use or to exercise any right under these Terms of Use, will not be construed as a waiver or relinquishment to any extent of Healthful’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
It is the parties’ intention that the course of conduct engaged by the parties in relation to these Sites will not be considered as engaging in trade or commerce (including for the purposes of the Competition and Consumer Act 2010 (Cth)).
This material is provided free of charge for information purposes only. It is general in nature and is not a substitute for seeking appropriate medical or dietary advice, nor can it be relied upon as medical, dietary or legal advice. Please review our Terms of Use.