Terms and Conditions

These terms and conditions stipulate how you agree to use the HeartFood Website (heartfood.com.au), the HeartFood App (‘App’) and other related sites and apps (‘Services’). Services include 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 and Privacy Policy.  If you do not agree with the Terms, you must cease usage of the Services.

In order to use the HeartFood App, we will ask you to enter your personal information such as your name, email address, dietary needs and food preferences. We also automatically collect from your device language settings, IP address, time zone, type and model of a device, device settings, operating system, Internet service provider, mobile carrier, hardware ID, Facebook ID, and other unique identifiers (such as IDFA and AAID). We need this data to provide our services, analyze how our customers use the app, to improve the quality of our services and to personalize the Services to each individual.

For improving the app, we may share this data with third parties. Such parties include Facebook, Google, Apple, Appsflyer, Crashlytics, Firebase, Segment, Amplitude, Paypal, Braintree, Amazon Web Services.

As a result of sharing this data with third parties we (1) analyze different interactions (how often users make purchases, the food and dietary preferences of our users; (2) recommend products.

Please read our Privacy Policy to know more about what we do with data. If any questions will remain unanswered, please contact us at hello @heartfood.com.au

This policy is effective as of 31 March 2020.

 

  1. Use of the Services
    1. Personal Use – You must use the Services in accordance with these Terms for your own personal and noncommercial use. You must be 18 to register and use the Services. If you register, you must provide us with complete and accurate information and update such information regularly to ensure it remains complete and accurate. By registering, you agree to receive emails, newsletters, SMS and other communications from HeartFood, relating to your account and/or subscriptions, special offers, promotions, product information and the like. You can request to stop receiving such communications at any time by notifying us or unsubscribing.
    2. Responsibility and Liability – You are responsible for all actions and communications performed through the Website and App. This includes any other user that gains access to the Services using your login details. You will be responsible for such use and communications made on the Website and App.
    3. Authorised and Unauthorised Use – You are responsible for keeping your login details confidential. If you suspect, or become aware of, any unauthorised use or misuse of your account or any other breach of security in relation to your account, you must notify HeartFood immediately and take immediate steps to secure your account. This first step would be to change your password. HeartFood will not be liable for any losses, damages, liabilities, expenses or costs (including legal fees) that you may incur due to any unauthorised use of your account.
    4. Restrictions – You must not use the Website or App for any of the following purposes, which are expressly prohibited:
      1. Distributing, communicating, transmitting, posting or uploading any material that infringes on any rights, including intellectual property rights, of any third party;
      2. Distributing, communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, defamatory or abusive or offensive;
      3. Engaging in any conduct that would violate any law or regulation in any applicable jurisdiction; or
      4. Attempting to interfere in any way with the Website or App’s network security, or attempting to gain unauthorised access to any computer system, service or network.
      5. Use or attempt to use automated systems or software or other methods to extract data from the Website or App for any purpose, (‘Screen scraping’) is prohibited unless the party has been granted written permission.
    5. Additional Terms – HeartFood may impose additional terms and conditions specific to any products, orders or other aspects of providing Services including the use of the Website and App, including with respect to the ordering, payment, shipping and returning of goods purchased through the App (“Additional Terms”). These Additional Terms shall be incorporated into and form part of these Terms. In the event of any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail.
    6. Account Limitation and Revocation – HeartFood may, at its sole discretion, and without prior notice, whether in breach of these Terms or not:
      1. Temporarily or permanently restrict your access to all or part of the Website and App Services; or
      2. Impose rules on your use of the Website and App; and
      3. Revoke your account,
      4. HeartFood excludes all liability in relation to this clause 1.6. Any such rules, limits or restrictions shall be incorporated into and form part of these Terms.
    7. International Use – HeartFood makes no warranties or representations that the content of the Website or App complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Website or App from outside of Australia, you do so at your own risk and are responsible for complying with the laws and regulations in place where you access the Website and App Services.
  2. Information on the Website and App
    1. Reliability – HeartFood will endeavour to ensure that all information, posts, content or material (“information”) on the Website and App is accurate, complete and reliable, except for information submitted by community members and users that provide relevant information and reviews. However, HeartFood does not make any representations or guarantees as to the accuracy, completeness or reliability of any information on the Website or App. You acknowledge and agree that such information may contain errors and inaccuracies and accept that you must make your own enquiries to verify the accuracy of the Information. HeartFood expressly excludes liability that may arise in relation to the accuracy, completeness or reliability of any information on the Website or App.
    2. Suitability of Products – All information on the Website and App is of a general nature and is not intended in any way to replace a professional’s dietary or medical advice. HeartFood does not make any representations or guarantees as to the suitability of any products on the Website or App for any individual’s dietary requirements, medical conditions and/or allergies. You acknowledge and agree that it is your sole responsibility to assess the suitability of all products obtained through HeartFood prior to consumption.
    3. HeartFood expressly excludes any liability that may arise in relation to the suitability of the products for any individual’s dietary requirements, medical conditions or allergies.
    4. Marketing – You acknowledge that any promotional marketing material on the Website and App (including images, photographs and descriptions or products) is not a representation or guarantee of what is available for purchase and you accept that products on the Website and App may differ in visual appearance and packaging to the products being purchased and delivered.
  3. Products
    1. Dietary Requirements – HeartFood provides Customers with the option to search and filter products based on a customer’s preferences or dietary requirements. Notwithstanding this, HeartFood does not represent or guarantee that the products are not contaminated with other ingredients. HeartFood relies on the manufacturer notes and claims on the packaging, and cannot guarantee that a product will be completely vegan, gluten free, peanut free or dairy free, and excludes any liability in relation to this. Products may have been made in shared manufacturing facilities resulting in possible contamination by way of trace amounts of other ingredients not listed on the packaging of the products. While HeartFood endeavours to make sure information is complete, it is your responsibility to check with the manufacturer of the products regarding their manufacturing processes for all potential allergen issues prior to consumption. HeartFood encourages all parents, guardians, and caregivers to inspect the nutrition facts and product labels with care, and report any inconsistencies to HeartFood. HeartFood is consistently updating and expanding its product range and cannot provide any guarantees whether all product attributes are accurate and meet a specific nutritional or dietary requirement.
    2. Product Availability – Due to product demands, products may not be available at all times. If a product is unavailable, we will update the Website and App and inform you of a product’s future availability, and suggest alternatives. Although at times our products may be delayed or momentarily unavailable, you agree that we may still charge your credit card and ship products when they become available. We may also contact you if we are able to provide you with a replacement product at no additional cost should you agree.
  4. Orders
    1. Invitation to Treat – Any products displayed on the Website and App do not constitute an offer to sell, but rather an invitation to treat.
    2. Cancellations – You must review your order carefully before placing it. Once an order is confirmed and the order price paid, HeartFood will not provide a refund unless HeartFood is unable to fulfil your order. HeartFood reserves the right to cancel an order at any time due to suspicion of fraud, supply issues, shipping delays or a product becoming unavailable. In such cases,  HeartFood will provide a full refund or a partial refund for the products that cannot be fulfilled as part of the total order.
    3. Replacements, Returns and Refunds – HeartFood does not accept returns of each order of individual products. All products are checked for quality and prior to delivery and while HeartFood endeavours to ensure that orders are delivered to you in good condition, it may become damaged during delivery. If you seek a replacement or refund for an order or individual products, you must provide a photo of the damaged product(s) for us to assess in order to process a refund or provide a replacement. Any requests for a replacement must be made within 2 weeks of delivery. If HeartFood assesses the damage and at its discretion agrees to replace the entire order or product, you may at your own cost return the damaged box or product to an address that you be notified of. HeartFood will replace the Order or product as soon as practicable. You accept that HeartFood will not refund any opened or used products. In instances where you have not received a product listed in your Order (“Missing Product”), HeartFood will in its discretion, and subject to your compliance with this clause 4.3 and these Terms, decide whether to replace the product or provide a refund. In the case a Missing Product is sold out or otherwise unavailable, HeartFood will endeavour to provide you with an alternative product which may or may not be similar or of equal value.
  5. Price and Payment
    1. Currency (AUD) – The price of all orders will be charged in Australian Dollars ($AUD) including GST where GST is applicable.
    2. Variation in Price – HeartFood has the right to vary or update any price or payment information at any time without warning, including errors with pricing, details and descriptions which appear on the Website and App. If incorrect information has been specified, HeartFood will notify you of this error and give you the option of reconfirming or cancelling your order.
    3. Payment Authorisation – You expressly authorise HeartFood to process the payment for the order via your selected payment method at the time of your order.
    4. Invoice – Your invoices are made available to you on the Website or App and are viewable through your account.
  6. Shipping and Delivery
    1. Delivery Times – HeartFood works with a number of third-party service providers to fulfil orders. We endeavor to dispatch all orders within 2-3 business days or less, from the time of the order being received, however HeartFood does not represent or guarantee that the delivery times will be met and expressly excludes any liability in relation to delivery.
    2. Tracking – All orders will be trackable as soon as they are dispatched from a HeartFood Fulfillment Centre. Once dispatched, HeartFood is not responsible for any postal service’s delivery, delivery schedule, or any orders or products that are delayed, lost, and/or damaged in transit. Any issues should be directed to the postal service, quoting your unique tracking number. Should any issues arise you are welcome to contact our customer service centre.
    3. Risk – Risk of loss or damage to your Order or products will pass to you once your order has been dispatched from HeartFood’s Fulfillment Centre.
    4. Incorrect Input of Information – It is your responsibility to ensure that all address details provided are correct. HeartFood will not be held responsible for deliveries that are delayed or lost due to incorrect address information provided. At times a re-shipment fee will apply and will range from $10.00 AUD, calculated depending on your location. Any changes to the shipping address must be made using the HeartFood App or by contacting our customer service centre. HeartFood expressly excludes any liability in relation to an incorrect shipping address including any redelivery, redirection or loss or delay.
    5. Refusal of Delivery – Should you refuse to provide the required Customs documentation prior to delivery or refuse delivery (including in relation to Customs duties, taxes or fees) and the parcel is returned to HeartFood, all costs associated with the return will be borne by you. A re-shipment fee will apply and will start from $10.00 AUD, calculated depending on your location.
    6. Additional Information – Occasionally our system will flag an order as high risk. To reduce the risk of online credit card fraud, HeartFood may request additional information and identification from you to assist in confirming the legitimacy of your order.
  7. International Orders
    1. Currency (AUD) –  All orders and refunds will be charged in Australian dollars ($AUD) including GST. If you are an international customer, you will be subject to the exchange rate applied by your payment provider which may vary from the rate displayed on the Website or App. Additionally, your financial institution may charge currency conversion and administration fees on any transactions with HeartFood, which HeartFood is not responsible for and will not reimburse you for any such fees.
    2. Products – HeartFood reserves the right to cancel or modify all international orders. A cancellation may occur, if we flag an order as high risk or if products are purchased in bulk. We will set limits on certain products and may exclude certain products from international shipping.
    3. Delivery – All title in and risk to such products will be transferred to you upon delivery from the international third-party carrier/courier that we choose.
    4. Shipping
      1. International shipping charges will be clearly displayed at the Checkout.
      2. Some products may not be accepted by airlines for shipment outside of Australia.
      3. International orders may be subject to charges, taxes (including import taxes), duties, customs charges or fees, and these are your responsibility. These charges must be paid by you directly to the Customs Service or its authorised service provider. HeartFood will not be liable for any taxes, duties, custom charges or fees. For further information, please refer to your local customs office.
      4. When placing an order for delivery outside of Australia, you are considered the importer of record and must comply with all applicable laws and regulations.
      5. Some items may require special handling as specified by federal, state and local regulations governing the transportation of these items; therefore, the shipment to certain locations may not be possible.
      6. New Zealand – Orders shipped to NZ may take up to 7 business days to be delivered. These are estimates and while unlikely, orders may arrive outside the shipping estimates.
      7. United States – Orders shipped to the US will take approximately 14 business days to be delivered. These are estimates and while unlikely, orders may arrive outside the shipping estimates.
    5. Returns and Refunds – HeartFood does not accept returns for Internationally shipped items.
  8. Liability and Indemnity
    1. Disclaimer – To the extent permitted by law, the products are provided as is and HeartFood disclaims all representations, warranties and conditions, either express, implied or statutory, by use of trade, course of dealing or otherwise, including any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. HeartFood does not warrant, endorse or guarantee, provide any conditions or representations, or assume any responsibility for any product advertised or offered by any third party through the Website and App or in respect to any website that can be reached from a link on the Website or App.
    2. Indemnity by You – You release and indemnify HeartFood, its directors, employees, contractors and agents from and against all claims, liabilities, losses, damages, costs, expenses (including reasonable legal costs) which HeartFood, its directors, employees, contractors and agents, incur or are liable for in relation to your use of the Website or App, your wrongful conduct, or any default or breach by you, or failure to comply with, the Terms or HeartFood’s Privacy Policy whether arising directly or indirectly.
    3. Indemnity Does Not Limit Other Remedies – HeartFood’s right to be indemnified under this clause 8 does not limit any other right or remedy available to it.
    4. Limitation of Liability – Notwithstanding anything else contained in these Terms, HeartFood will not under any circumstances be responsible or liable for any claims, actions, losses, liabilities, damages, costs or expenses suffered or incurred by you, arising out of or in connection with, your use of the Website or App, any Order or any products whether directly, indirectly or consequentially or whether based in contract (including HeartFood’s negligence or strict liability), tort, under statute or any other legal or equitable theory. If HeartFood is found to have any liability to you, HeartFood’s total cumulative liability will be limited to the amount paid by you for your Order.
  9. Intellectual Property
    1. Materials – The Website and App contain materials that are owned by or licensed to HeartFood. These materials include, the design, layout, look, appearance and graphics and are protected by copyright, trademark and other proprietary and other relevant intellectual property rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on the Website and App. You may not create a link to the Website or App from another website or document without prior written consent of HeartFood.
    2. Third party trademarks – Nothing in the Terms give you the right to use any third-party trademarks. All third-party trademarks are used with permission and remain the intellectual property of the third party.
    3. Grant of License – If you make any content, materials or feedback available on the Website or App (“Content”) you automatically grant HeartFood a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to:
      1. Use, copy, publicly display and distribute the Content or parts thereof on the Website, App and to any third party (including the manufacturer of the products) without any obligation of compensation or attribution to you;
      2. Modify, create derivative works, and sublicense such Content;
      3. Incorporate the Content into other mediums including but not limited to social media posts, blog posts and other publications to promote HeartFood, the Website and App, the products and/or manufacturers; and you represent, warrant and covenant to HeartFood that you have the full right and authority to grant HeartFood the right to use such Content in the manner specified as specified in this clause 9.3.
  10. Termination of Your Service

    If we determine that any of your actions may harm HeartFood, we may terminate or suspend your account, without notice and for any reason. Please be advised that if we terminate or suspend your account, you must cease using the Website and App and pay us any outstanding amounts owing. All provisions of these Terms which by their nature should survive termination will survive termination, including, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  11. Electronic Communications
    1. Electronic Only – The communications between you and HeartFood must be sent by electronic means, whether you visit the Website, use the App or send HeartFood emails, or whether HeartFood posts notices on the Website, App or communicates via email or SMS.
    2. Consent – you consent to receiving communications from HeartFood in an electronic form (email, SMS, push notification etc) and agree that all terms, conditions, agreements, notices, disclosures, and other communications that HeartFood provides to you electronically (including communications across social networks and platforms) satisfy any legal requirement that such communications would satisfy if they were to be in writing. The foregoing does not affect your statutory rights.
    3. Email Queries – if you have any questions or concerns about the products or your order, do not hesitate to contact us by email at hello @heartfood.com.au
  12. Disputes
    1. Good Faith Resolution – You and HeartFood will attempt to resolve any dispute in good faith and reach an agreement between each other. If the parties are unable to resolve the dispute, then clause 12.2 will apply.
    2. Forum of Dispute – You agree that any dispute arising from or relating to these Terms will be heard solely by a court in the jurisdiction of the Australian Capital Territory, Australia. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable legal fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable legal fees, court costs, and disbursements.
  13. General
    1. Entire Agreement – These Terms and the Privacy Policy are deemed to be the entire agreement between you and HeartFood and supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of these Terms and any representation or guarantee previously given.
    2. Variation – HeartFood reserves the right to revise these Terms at any time and for any reason without notice to you. It is your responsibility to review these Terms each time you use the Website or App. HeartFood further reserves the right to revise the products and services available on the Website and App and to change, suspend or discontinue any aspect of the Services.
    3. Waiver – If HeartFood does not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is in writing and signed by HeartFood.
      1. Assignment – You must not assign your rights and/or obligations under these Terms to any other party without HeartFood’s prior written consent. HeartFood may assign its rights and/or obligations under these Terms to any other party at its discretion.
      2. Severability – If any part of these Terms are found to be void, unlawful or unenforceable then that part shall be deemed to be severable and the severed part will not affect the validity of and enforceability of any remaining provisions. If two or more provisions of these Terms are deemed to conflict with each other’s operation, HeartFood shall have the sole right to elect which provision remains in force.
      3. Force Majeure – You agree that HeartFood is not responsible to you for anything that it may otherwise be responsible for, if it is as a result of events beyond HeartFood’s control, including but not limited to acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond HeartFood’s reasonable control.
      4. Jurisdiction – These Terms shall be governed by the laws in force in the Australian Capital Territory, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.