Terms and Conditions

These terms of use (“Terms”) govern your use of this website (“Website”) and form a binding contract between you, the user of the Website (“you” and “your”) and Health & Co Pty Limited (ACN 614 349 585) trading as Health & Co (ABN 88 614 349 585) (“us”, “our” and “we”).

Because your use of the Website forms a binding contract between you and us, you should ensure that you read these Terms carefully and fully understand them before using the Website. You can contact us if you have any questions regarding these Terms. Our contact details are set out in clause 13.1.

By using this Website you acknowledge that you have had sufficient chance to read and understand the Terms and that you agree to be bound by them. If you do not agree to the Terms, you must cease using the Website and leave it immediately.

1. Licence to use Website
   1. We grant you a non-exclusive, non-transferable, limited and revocable right to use the Website in accordance with these Terms.
   2. You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner, and may also print one copy of any page within the Website for your own personal, non-commercial use.
   3. You must not, and must not allow any third party to:
      1. reproduce, adapt or transmit any part of this Website; or
      2. add any content to the Website;
         1. unless you hold all necessary rights, licences and consents to do so;
         2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
         3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
         4. that would bring us, or the Website, into disrepute; or
         5. that infringes the intellectual property or other rights of any person.
   4. You agree that:
      1. we retain complete control over the Website and may alter, amend or cease the operation of the Website or any part of it at any time in our sole discretion; and
      2. the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. Intellectual property rights
   1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You agree that, as between you and us, we own all intellectual property rights in the Website.
   2. By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
   3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
   4. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2 and 2.3.
   5. The licences and consent set out in clauses 2 and 2.3 will survive any termination of these Terms.
   6. Copyright in all content on or within the Website (including but not limited to text, drawings, photographs and layouts and designs) subsists under and is protected by the Copyright Act 1968 (Cth) and international copyright laws.
3. Warranties
   1. You represent and warrant to us that you have the legal capacity and authority to enter into these Terms
4. Liability
   1. Information provided by the Website should not be relied upon as being error free or accurate and we will not be liable to you or any other third party in any way should there be any errors or omissions in the Website.
   2. Information provided on the Website is general in nature and does not constitute medical, professional or any other form of advice.
   3. To the full extent permitted by law, we exclude all liability and responsibility to you and any third parties in respect of your use of the Website.
   4. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. In particular, we make no representations or warranties in relation to the timeliness, accuracy, suitability or completeness of anything contained on or within, or the functioning of, the Website.
   5. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent permitted by law and subject to clause 6, our liability to you for any non-compliance with a statutory guarantee or loss or damage arising out of or in connection with the supply of goods or services under these Terms or any breach by us of these terms however arising (whether for breach of a term or terms of these Terms, tort (including negligence), statute, custom, law or on any other basis) is limited to, at our option:
      1. in the case of goods:
         1. the replacement of the goods or the supply of equivalent goods;
         2. the repair of the goods;
         3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
         4. the payment of having the goods repaired, and
      2. in the case of services:
         1. the supply of the services again; or
         2. the payment of the cost of having the services supplied again.
   6. Nothing in these Terms is intended to have the effect of excluding, restricting or modifying:
      1. the application of all or any of the provisions of Part 5-4 of Schedule 2 of the Competition and Consumer Act 2010 (ACL); or
      2. the exercise of a right conferred by such a provision; or
      3. any liability of us in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
   7. We do not endorse the content of any advertisement appearing on the Website and accept no liability or responsibility in respect thereof.
5. Termination
   1. These Terms terminate automatically if, for any reason, we cease to operate the Website.
   2. We may otherwise terminate these Terms immediately, on notice to you, without cause.
6. Privacy
   1. When you use this Website, we will collect information about you from which your identity is apparent or can reasonably be ascertained (”Personal Information”), in the manner described in Schedule 1 to these Terms.
   2. All Personal Information collected from or about you by us will be dealt with in accordance with our Privacy Policy, which is located at https://www.healthandco.com.au/privacy-policy/.
   3. If you provide any Personal Information to us via the Website, you consent to us using that information in accordance with our Privacy Policy in our sole and absolute discretion.
   4. You warrant that you have obtained the consent of any third party whose Personal Information you provide to the Website.
   5. You acknowledge that our Privacy Policy may be updated or changed in accordance with its terms, and that you should therefore review the Privacy Policy each time you provide Personal Information to the Website to determine if there has been any update or change.
7. Cookies
   1. Cookies are small files transferred from the Website’s server to your computer’s hard disk to assist the Website with identifying returning visitors and record keeping matters. Most web browsers are programmed to accept cookies. You can configure your browser to accept cookies, reject cookies, or notify you when a cookie is being sent to you. Refer to the “help” menu on your browser for further details on how to change your browsers’ preferences. You may not be able to utilise the features of this Website if you do not accept cookies.
8. Use of Data
   1. You agree that we may collect, use and disclose data derived from your use of this Website for analysis, benchmarking, analytics, marketing and other business purposes. All data collected, used and disclosed for these purposes will be de-identified and will not identify you personally. We will take all reasonable steps to comply with all relevant laws, including the Privacy Act (Cth) 1988.
9. Website Content and Links to other Websites
   1. The Website may contain links to other websites (“Other Websites”) as well as content added by people other than us (“Third Party Content”). We do not endorse, sponsor or approve, and we are not responsible or liable for, any content of the Other Websites or Third Party Content.
   2. Other Websites are not subject to these Terms or our Privacy Policy so before you use Other Websites we recommend that you read the terms of use, privacy policy and any other relevant policy applicable to that Other Website. If you decide to access any Other Website you do so entirely at your own risk.
10. General
    1. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
    2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
    4. This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.
11. Changes to the Website
    1. We may revise, change, modify or delete all or part of any part of the Website, at any time and in our sole discretion.
    2. We may terminate or restrict access to the Website at any time and may modify, suspend or cancel any of the services offered through the Website at any time without prior notice to you.
12. Effective date of, and amendment to these Terms
    1. These Terms apply from the date of publication, stated at the end of these Terms.
    2. We may update or change these Terms at any time without notice to you. You will be bound by any such updates or changes and should therefore review the Terms each time you visit the Website to determine if there has been any update or change. Notification of any changes will be advised by posting an updated version of the Terms to our Website and the changes will apply from the date of publication of the revised Terms.
13. Further Information on website usage
    1. If you would like more information on these Terms, please contact our Privacy Officer at privacyofficer@healthandco.com.au or Level 1, 30–38 Short St, Leichhardt, NSW 2040

Schedule 1

Notice of collection of Personal Information