Terms and Conditions of Use

Welcome to HeartFood. These terms and conditions stipulate how you agree to use the HeartFood web site (http://www.heartfood.com.au), the HeartFood app and other related sites and apps (‘Services’).  Services includes products for sale. Please read these terms and conditions (the ‘Terms‘) and Privacy Policy carefully before using the Services. Use of the Services, signifies that you have read, understood and agree to be bound by the Terms.  If you do not agree with the Terms, you must cease usage of the Services.

The Services are operated by HeartFood Australia (‘HeartFood’) ABN 77 606 942 027.

General Conditions of Use

Your obligations

Purchase of Products and Returns Policy

Delivery

HeartFood aims to deliver products you have purchased to you as soon as possible.  Within Australian metropolitan areas the target is within two working (business) days. Regional and overseas deliveries may take longer but we will do our best to get your purchases to you as soon as we can.  This comittment excludes returns and replacement goods.

Copyright and Intellectual Property

HeartFood and its Services are subject to copyright. The material on the Website and App is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website and App (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled by HeartFood and it’s contributors.

You may not, without the prior written permission of HeartFood and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to HeartFood materials that are in the public domain.

Warranty

Indemnity

To the fullest extent allowed by law, you agree to indemnify and hold HeartFood, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including lawyers fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms of Service.  In the event of such a claim, suit, or action (‘Claim’), we will attempt to provide notice of the Claim to you.

General Disclaimer

Limitation of Liability

Termination of Contract

The Terms will continue to apply until terminated by either you or by HeartFood as set out below. If you want to terminate the Terms, you may do so by closing your account

HeartFood may at any time, terminate the Terms with you if:

HeartFood reserves the right to discontinue or cancel your membership to the Website and App at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Services without notice.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and HeartFood have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

You agree to indemnify HeartFood, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

Governing Law

The Terms are governed by the laws of Australia Capital Territory, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Australia Capital Territory, Australia.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Privacy Policy

We at HeartFood take the privacy of your personal information seriously and request that you familiarize yourself with this Privacy Policy.  If you have any questions or concerns about the Privacy Policy please contact us at help@heartfood.com.au . Please note that by using the Services HeartFood provides, you accept and agree to the practices and policies stipulated in this Privacy Policy.  You therefore consent to HeartFood collecting and using and sharing your information in accordance with the Terms and Conditions and this Privacy Policy

We reserve the right to modify the Privacy Policy at any time.  Any updates or changes will be notified on the website.

Personal Information collected by HeartFood

Information is collected for analysis to help us improve our services and products. Information collected is also used for marketing and operational purposes, to communicate with you, and comply with laws and regulations. This data will not be used in association with any other personal information.

Information You provide to HeartFood:

Information Collected Automatically

Information Collected from other sites

Personal Information. How is it used?

Is Personal Information secure?

Your choices