Welcome to HeartFood. These terms and conditions stipulate how you agree to use the HeartFood web site (https://heartfood.app), 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

• HeartFood reserves the right to review and change any of the Terms by updating this page at its sole discretion. When HeartFood updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
• In order to access some Services you will need to register as a HeartFood member (‘Member‘). As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself including but not limited to: email address, username, password, delivery and contact details. You warrant that any information you give to HeartFood in the course of completing the registration process will be accurate and up to date.
• You may only use HeartFood for personal purposes unless HeartFood gives you written approval
• You may not become a Member if you are not of legal age or you are a person barred from receiving the Services under the laws of Australia or other countries.
• Privacy. Any information provided through your use of the Services are subject to HeartFood’s Privacy Policy.
• Accuracy of Information. The information on this site is provided as general information and may not be accurate or complete and therefore should not be relied upon as the sole basis for making decisions.  You acknowledge that you are using this information at your own risk. We make no representation either express or implied, without limitation about the suitability of a product to you or another person, or that the service will be error free.
• Pricing and products. We reserve the right to change pricing, discontinue products and introduce new products and change services, content and information without notice. We reserve the right to limit the quantities and products and services offered to you. We do not warrant that the product and services you may use or purchase will meet your expectations or that errors found will be rectified.
• You agree to HeartFood collecting information on how you use the services. This is subject to compliance to the HeartFood Privacy Policy.

Your obligations

• Please protect the confidentiality of your password and email address. Use of your password by anyone but yourself is a breach of these terms
• Immediately notify HeartFood of any unauthorized use of your password or email address or any breach of security of which you have become aware
• Do not use the Services for any illegal or unauthorized use which includes collecting email addresses, data scraping, data collection, deep link, use of robots, spider, automatic tools or algorithms or manual processes to use the Services and capturing HeartFood content or linking to the Service
• You may be subject to legal action and/or the cancellation of your membership for any breach of the Terms

Purchase of Products and Returns Policy

• In using the Services to purchase Products you agree to the payment of the purchase price listed on the Services (the ‘Purchase Price‘).
• Payment of the Purchase Price may be made through PayPal or other third party payment providers (‘Payment Gateway Providers’). In using the purchasing products, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
• Following payment of the Purchase Price and confirmation by HeartFood, you will be issued with a receipt and HeartFood may record your purchase details for future use.
• For returns or damaged goods, HeartFood may, at their sole discretion, provide a refund or a credit or replace the goods. HeartFood is not obligated to provide a refund if the goods were received in good order.  You will need to provide proof of the damage and acknowledge and sign that the product was damaged when you received it.

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

• To the fullest extent allowed by law the HeartFood service and products are provided ‘as is’ without warranties from HeartFood or third parties.
• Where a manufacturers warranty exists then you may only rely on such warranty and you shall not be entitled to rescind or cancel any agreements or sue HeartFood for damages.
• The customer acknowledges that it has relied on its own skill and judgment in deciding to use HeartFood services and has not relied on any representation, warranty or promise made by HeartFood or by a Third party.
• Under Australian Consumer law you are entitled to a replacement or refund for any reasonably foreseeable loss or damage. To make a Warranty Claim during the Warranty Period (one month), you must provide proof of purchase to HeartFood showing the date of purchase of the Product, provide a description of the Product and the price paid for the Product by sending written notice to HeartFood at PO Box 7083, Kaleen ACT 2617, Canberra, Australia or by email to; help@heartfood.com.au.  Where the Warranty Claim is accepted then HeartFood will, at its sole discretion, either repair or replace or refund or credit the defective Product or part thereof during the Warranty Period.
• Any warranty provided shall not cover any defect or damage which may be caused by you; to properly maintain the product, not following product instructions, using goods for purposes they weren’t intended, using a product after a defect becomes apparent, fair war and tear, any accident by God

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

• You acknowledge that HeartFood does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for, pursuant to these Terms.
• HeartFood will make every effort to ensure a Product is accurately depicted in the Services, however, you acknowledge that actual sizes, colours and packaging may differ from what is displayed.
• Nothing in these Terms 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.
• Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms, are excluded. HeartFood we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of use of HeartFood Services (including as a result of not being able to use the Services or the late supply of Products), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
• Use of HeartFood (including the Delivery Services), is at your own risk. Everything on Website and App, the Purchase Services, and the Products of HeartFood, are provided to you on an “as is” and “as available” basis. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of HeartFood make any express or implied representation or warranty about Services provided.

Limitation of Liability

• HeartFood’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of HeartFood to resupply the Services to you

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:

• you have breached any provision of the Terms or intend to breach any provision;
• HeartFood is required to do so by law;
• the partner with whom HeartFood offered the Purchase Services to you has terminated its relationship or ceased to offer the Services to you;
• HeartFood is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or
• the provision of the Services to you by HeartFood is, in the opinion of HeartFood, no longer commercially viable.
• if you breach any provision of the Terms or any applicable law or if your conduct impacts HeartFood’s name or reputation or violates the rights of those of another party.

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:

• 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 you post through the Website and App;
• any direct or indirect consequences of you accessing, using or transacting on the Services or attempts to do so and any breach by you or your agents of these Terms; and/or
• any breach of the Terms.

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:

• We collect information you provide to us. For instance, through Member registration and account settings, where we will collect your name, email address, phone number, delivery address and preferences.
• If you have provided your email address or phone number we may contact you with relevant promotional offers from HeartFood or thirds parties and about the use of your services. We may receive confirmation when you open an email from us; this helps us improve our services.

Information Collected Automatically

• We automatically collect activity information on your browser and through other devices when You use and access our services. This may include: IP address, device identification, browser type, device type, page you accessed and the features you used. It may also include “Cookie’ information we use to understand how you are using our services. Cookies can be disabled by you in your browser but will limit the your experience of HeartFood.

Information Collected from other sites

• We may collect information about your online activities before and after you leave our website or app.. We do not support a “Do not track” options offered by some web browsers.

Personal Information. How is it used?

• We may share depersonalized Personal Information to our partners. We may also aggregate depersonalized information and share this our partners for the purposes of understand how our customers are using the services and improving them. Your individual Personal Information if shared, is never identified as any particular individual
• We do not sell your Personal Information in a personally identifiable form to anyone
• We may allow advertisers to see demographic information of users (depersonalized) and you agree that we may provide your depersonalized Personal Information to them
• We may need to share your Personal Information to other companies we engage to perform certain tasks to provide HeartFood Products and Services to you.  When this occurs the third party company has no rights to use your personal information for any other purpose. For instance payment service providers.
• Some of your user profile information may be displayed in HeartFood such as name. Location, images or content you have shared, especially when you submit content or comments in the Services

Is Personal Information secure?

• We make our best endeavors to protect the privacy of Personal Information we hold.  However, we cannot guarantee that Personal Information will be 100% secure. Events such as unforeseen sophisticated cyber attacks or unauthorized access, although rare, may occur.
• The first line of defence of your Personal Information is your username and password. Please keep these secure, change your password regularly and do not provide your access details to the Service to others.
• We protect your Personal Information by
  • Restricting access to Personal Information
  • Maintaining technology products to prevent unauthorised computer access
  • Securely destroying your personal information when it’s no longer needed for our record retention purposes
  • We use industry standard 128 – bit SSL (secure sockets layer) encryption technology when processing your financial details

Your choices

• You can opt not to provide information to HeartFood but this will means you won’t be able to become a member many features will not be available to you. For example purchasing products.
• You can view, add, delete and amend the following Personal Information: user name, password, email, delivery address, credit card information, phone number and other information such as food preferences. This information may change as the Service changes
• You can delete your account by emailing help@heartfood.com.au