1 – Acceptance of Terms and Conditions
1.1 – Please read these Terms and Conditions carefully.
1.2 – By using, browsing and/or reading the HealthyLiving.com.au website, this signifies that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then you must immediately cease using the HealthyLiving.com.au website and/or any services provided by HealthyLiving.com.au.
1.3 – By remaining on the HealthyLiving.com.au website, you are signifying that you have read, understood and agree to be bound by the Terms and Conditions.
1.4 – You may also accept the Terms and Conditions by clicking to accept or agree to the Terms and Conditions, where this option is made available to you on HealthyLiving.com.au.
2 – Changes to Terms and Conditions
2.1 – HealthyLiving.com.au reserves the right to review and change any of the Terms and Conditions by updating this page at our sole discretion.
2.2 – When HealthyLiving.com.au updates the Terms and Conditions, we will use reasonable endeavours to provide you with notice of updates to the Terms and Conditions. Any changes to the Terms and Conditions take immediate effect from the date of their publication.
2.3 – Before you continue, we recommend that you keep a copy of the Terms and Conditions for your records.
2.4 – The Terms and Conditions were last updated on 6 January 2019.
3 – About HealthyLiving.com.au
3.1 – HealthyLiving.com.au is an independent guide to healthy living.
3.2 – The information provided on HealthyLiving.com.au is general information only and should not be taken as constituting professional advice. The information does not take into consideration your specific needs, objectives, medical history or financial situation.
3.3 – HealthyLiving.com.au is not responsible for and does not own, operate or manage any of the retailers, manufacturers, organisations, products or services listed on HealthyLiving.com.au.
3.4 – We do not act as advisers, agents or brokers for the retailers, manufacturers, organisations, products or services listed on HealthyLiving.com.au.
3.5 – We are not a party to any agreement between HealthyLiving.com.au users and third party retailers, manufacturers, organisations or service providers.
4 – Sources of revenue disclosure
4.1 – HealthyLiving.com.au may receive a commission for products or services purchased by our users.
4.2 – HealthyLiving.com.au may receive payments for displaying advertising.
4.3 – As an Amazon Associate HealthyLiving.com.au earns from qualifying purchases.
5 – Zero tolerance for discriminatory, threatening, defamatory or highly offensive behaviour
5.1 – We want to ensure that HealthyLiving.com.au is a safe and inviting community for everyone. We take a zero tolerance approach to behaviour that we deem to be discriminatory, threatening, defamatory or otherwise highly offensive.
5.2 – You agree that you will not use the HealthyLiving.com.au website and/or services provided by HealthyLiving.com.au to behave in a manner that we deem to be discriminatory, threatening, defamatory or otherwise highly offensive. This includes any communications made via the HealthyLiving.com.au website, or communications that occur as a result of your usage of the HealthyLiving.com.au website and/or services provided by HealthyLiving.com.au.
5.3 – HealthyLiving.com.au users that breach these requirements will have their accounts terminated.
5.4 – If you have any concerns about material published on HealthyLiving.com.au or communications received in relation to the HealthyLiving.com.au website or related services, please contact us immediately.
6 – Trade marks and other intellectual property
6.1 – All third party trade marks, logos and brands are the property of their respective owners.
6.2 – If you believe that one or more of your trade marks, logos or brands have been used without your authorisation, please contact us immediately.
6.3 – HealthyLiving.com.au retains all rights, title and interest in and to the HealthyLiving.com.au website and all related services. Nothing you do on or in relation to the HealthyLiving.com.au website or related services will transfer any of the following to you:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
7 – Privacy
7.1 – We are committed to protecting your privacy.
8 – General Disclaimer
8.1 – Nothing in the Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
8.2 – Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms and Conditions are excluded; and
- HealthyLiving.com.au will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with our services or these Terms and Conditions (including as a result of not being able to use our services or the late supply of our services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
8.3 – Use of the HealthyLiving.com.au website and/or services provided by HealthyLiving.com.au is at your own risk. Everything on the HealthyLiving.com.au website and related services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, owners, directors, officers, employees, agents, contributors or licensors of HealthyLiving.com.au make any express or implied representation or warranty about the HealthyLiving.com.au website and its content (including product listings) or related services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the HealthyLiving.com.au website or related to services provided by HealthyLiving.com.au, including any third party material and advertisements displayed on the HealthyLiving.com.au website;
- costs incurred as a result of you using the HealthyLiving.com.au website or related services; and
- the HealthyLiving.com.au website or related services in respect to links which are provided for your convenience.
9 – Limitation of liability
9.1 – HealthyLiving.com.au’s total liability arising out of or in connection with the HealthyLiving.com.au website and related services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the cost of resupplying the relevant services to you.
9.2 – You expressly understand and agree that HealthyLiving.com.au, its affiliates, owners, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
10 – Indemnity
10.1 – You agree to indemnify HealthyLiving.com.au, its affiliates, owners, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content or material provided or uploaded by you in relation to the HealthyLiving.com.au website and/or services;
- any direct or indirect consequences of you accessing, using or transacting on the HealthyLiving.com.au website or attempts to do so; and/or
- any breach of the Terms and Conditions.
11 – Venue and jurisdiction
11.1 – In the event of any dispute arising out of or in relation to the HealthyLiving.com.au website and/or services provided by HealthyLiving.com.au, you agree that the exclusive venue for resolving any dispute shall be in the Courts of Tasmania, Australia. You agree to waive any right to object to an action being brought in the Courts of Tasmania, Australia (including that the action has been brought in an inconvenient forum, or that those Courts do not have jurisdiction).
12 – Governing Law
12.1 – The Terms and Conditions are governed by the laws of Tasmania, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and Conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Tasmania, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms and Conditions shall be binding to the benefit of the parties hereto and their successors and assigns.
13 – Severance
13.1 – If any part of these Terms and Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms and Conditions shall remain in force.
14 – Terms and Conditions for authors and contributors
14.1 – The Terms and Conditions in sections 14 to 22 apply to authors and contributors. The Terms and Conditions in sections 1 to 13 apply to all users of HealthyLiving.com.au, including authors and contributors.
14.2 – Authors and contributors are HealthyLiving.com.au account holders that have been granted access to our Author Hub, allowing them to submit articles on HealthyLiving.com.au.
15 – Editorial review and approval
15.1 – All submitted articles are subject to editorial review and approval.
15.2 – Articles may be modified to ensure they meet our content quality standards. Changes could include, but are not limited to:
- grammatical edits;
- spelling corrections;
- formatting and structural changes;
- adding links to related content; and
- edits to improve readability.
15.3 – We reserve the right to not publish articles submitted by authors.
16 – Fees and payments
16.1 – We do not currently charge any fees for using the Author Hub or for submitting articles on HealthyLiving.com.au.
16.2 – We reserve the right to charge fees for any services provided by HealthyLiving.com.au. We also reserve the right to make changes to existing fees.
16.3 – We will notify you at least 30 days in advance of any new fee or any changes to existing fees. You may terminate your account and/or use of services provided by HealthyLiving.com.au prior to these changes taking effect, if you deem these changes to be detrimental.
17 – Responsibility for article content
17.1 – You are solely responsible for the content of your articles, including any errors or omissions.
18 – Trade marks and other intellectual property
18.1 – HealthyLiving.com.au account holders (authors) must own or have permission to use any trade marks, logos or brands that are included in their articles.
19 – No material that is misleading or deceptive; materially incorrect; or otherwise unlawful
19.1 – Articles must not contain material that is misleading or deceptive; materially incorrect; or otherwise unlawful.
19.2 – Authors that breach these requirements will have their account(s) terminated and any associated articles will be deleted.
20 – Articles must be accurate, current and complete
20.1 – Articles must be accurate, current and complete.
21 – Content provided to us
21.1 – In consideration of granting you access to the use of the HealthyLiving.com.au website and/or related services, you grant us an irrevocable, perpetual, world-wide, royalty free licence to publish, copy, use and adapt for any purpose related to the HealthyLiving.com.au website and services, any content that you provide to us. This licence survives termination of any agreements or contracts between you and HealthyLiving.com.au, including these Terms and Conditions.
22 – We reserve the right to decline, amend or remove articles
22.1 – We reserve the right to decline, amend or remove your articles; if we deem that your articles are in breach of, or are likely to breach, these Terms and Conditions.