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Hartley Health

Terms and Conditions

Uses of services

The Hartley Health digital recipe and cooking platform is an online space to learn new skills and discover new recipes through the Hartley Health website (the Site). These terms and conditions (Terms) govern your access to and use of the Services (as described below), and any information, text, graphics, videos, or other materials appearing on the Services (collectively referred to as Content). Your access to and use of the Services is expressly conditioned on your compliance with these Terms and your consent to our privacy policy. Other features, services or tools of the Services may also be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. By accessing or using the Services, you agree to be bound by these Terms.

 

Use of the Services

The Services may change from time to time without prior notice to you and we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.

 

License to Use the Services

Subject to your compliance with these Terms, Hartley Health grants you a non-exclusive and non-transferable single user license to use the Site across any mobile device, tablet and/or computer, and to access and use the Services, solely for your own personal use.

 

You may not:

(i) copy, modify or distribute an Application for any purpose;
(ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Services;
(iv) make the functionality of the Services available to multiple users through any means; or
(v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

 

Account Registration

In order to access, use or receive certain Services, you may register and create an account and become a Registered User by registering through our Site. In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Australian or other applicable jurisdiction. When creating an Account, you will be required to provide certain personal information about yourself and establish a username and a password. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.

 

Passwords

You are responsible for safeguarding your password that you use for your Account and for any activities or actions under your Account whether or not you have authorised such activities or actions. Hartley Health is not liable for any loss or damage arising from your failure to comply with the above requirements.

 

Privacy

Any personal information that you provide to Hartley Health is subject to our Privacy Notice, which governs our collection and use of your personal information. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt-out from receiving.

 

Features To Help Manage Ingredients, Menu Planning and Cooking

Hartley Health may offer features to help you manage ingredients, menu planning and cooking, such as our macro calculator, menu planner and cooking and recipe guides. These features are intended to act as a GUIDE ONLY and be a convenience for you, but always check the results – especially if you have any eating restrictions, allergies, or medical conditions.

Our cooking guides are designed to help you perfect every step of the cooking process and result in dishes that are properly cooked, and we hope your dishes come out just right. But cooking results can vary based on the specifics of your kitchen, your ingredients, your cooking utensils, and your appliances. As with any recipe, you may need to adjust your cooking approach or cooking times. Always check your food for doneness before consumption. Consuming undercooked meats, poultry, seafood, shellfish, or eggs may result in illness.

All features of the Services, including ingredient and cooking features, are subject to change or removal at any time, without notice.

 

Limit of Liability

The Service is provided as is without any guarantees or warranty. In association with the Service and website, Hartley Health makes no guarantees of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of non-infringement of third party rights.

You agree that we shall not be liable for any damages or illness suffered as a result of using the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

 

Hartley Health its subsidiaries, affiliates, and its licensors do not warrant that:
a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.

 

Disclaimer:

Any material contained within Hartley Health, is provided for educational and informational purposes only and is not intended to replace medical advice.

Hartley Health does not offer medical advice, either through the Service, through any communication or otherwise. Consult a licensed physician or healthcare provider if you have any questions about foods, products or meal plans offered by Hartley Health before accessing the Service.

Hartley Health will not be responsible, under any circumstances, for any illness or health problem that may result from use of the Service. Hartley Health may not be appropriate for certain people, including people who:

1) are under 18 years of age; or
2) suffer from a medical condition that can be adversely affected by certain foods or their diet. Consult your physician before altering or starting any new diet, following specific or recommended macros and calories and nutritional recommendations, nutrition plans, meal plans,

 

The information contained on this website and through this Service  should not be used to diagnose or treat any illness. All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. The information on this Service and website has not been evaluated by the FDA and is not intended to treat, diagnose, cure or prevent any disease, metabolic disorder or health problems. We cannot and do not give you medical advice. You should seek prompt medical care for any specific health issues and consult your physician before purchasing any product(s) or Services. We do not recommend the self-management of health problems. Information obtained by using our services is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.

By accessing this Service you agree that you will consult your doctor, physician or health care provider before taking into practice any and all recommendations and recipes from this Service.

You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website and program, or your violation of these terms and conditions.

 

Macro Calculator:

The calories provided by the macro calculator are suggested calories and macros ONLY.

These are recommendations using the Harris–Benedict equations as revised by Mifflin and St Jeor in 1990.

 

By accessing this Service you agree that you will consult your doctor, physician or health care provider before taking into practice any and all recommendations (including any recommended or suggested macros and calories) and recipes from this Service.

 

ALLERGIES:

Hartley Health shall not be liable for any allergic reaction you have to any food, products, or meal plans recommended or found on Hartley Health or through any marketing or communication from Hartley Health.

 

Service Updates, including Additions, Modifications, or Discontinuations

Business and technology needs evolve, so we may add, modify, or discontinue (collectively, “Update”) the Services at any time through software updates to the Site and you consent to these Updates. You agree to use the most up to date version of software available for you. You agree that Hartley Health may Update the Services (in whole or in part) at any time and that you will provide Hartley Health access to do so. In some cases we may Update the Services remotely without notifying you, and you consent to these automatic Updates.

 

Content on the Services

The Services may include advertisements or other forms of content sponsored by third parties (emails, blog posts and articles, recipes, ingredients, grocers, etc.). We hope you love the content we show you, and we want you to know that Hartley Health may receive compensation for some of the sponsored content made available through the Services, or may receive compensation if you follow the links associated with this content. The offers we show you are subject to change without notice. The sponsored content may be targeted to the Content or information on the Services, queries you make through the Services, information we learn about you, or other information. The types and extent of sponsored content on the Services are subject to change. In consideration for Hartley Health granting you access to and use of the Services, you agree that Hartley Health and its third party collaborators may place such advertising or sponsored content on the Services or with the Content, including where the Content is submitted by you or others.

Hartley Health will not provide Content, including recipes, that are geared towards individuals following certain diets or that may have certain medical conditions. These are provided for informational and convenience purposes only, and are not intended to be (and do not constitute) dietary, nutritional, medical, or food safety advice or recommendations. You should consult with a medical or nutrition professional before starting any dietary program.

 

Content You Submit

By uploading, posting, submitting or otherwise transmitting any Content through the Services, you grant Hartley Health a worldwide, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, store, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology, for the purposes of operating, providing, improving and promoting the Services. You agree that this license includes the right for other users of the Services to access, view, modify, edit, download and print any Content, such as recipes and images, for their own personal and non-commercial purposes.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. We reserve the right at all times and for any reason to remove or refuse to distribute any Content that you provide through the Services that violate these Terms.

You may remove your Content from the Services at any time by specifically deleting it or, if that is not possible, by sending us a request. If you remove your Content, Hartley Health may retain a copy of your Content for backup, archival, or audit purposes and may continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.

 

Fees and Payment

We will charge fees for the use of all aspects of our Services. Fees are subject to change at any time. You agree that we may charge fees to your credit card or other payment account for such Services and that you will pay all applicable fees assessed to your Account. Our fees do not include charges and rates charged by your mobile carrier/home service provider, and you are responsible for the payment of those charges and rates.

 

Hartley Health Subscriptions

Hartley Health is an automatically renewing premium paid subscription based site. Hartley Health provides home cooks with written/video cooking guides, recipe instructions, a weekly menu planner, macro calculator and progress tracker. Accessing Hartley Health cooking content requires an auto-renewing subscription.

 

Automatic Renewal of Hartley Health

You may purchase access to Hartley Health for a specified fee, and your subscription will automatically renew until you cancel. We will automatically charge the associated fee (plus any applicable fees) to your credit card or other payment method in your Hartley Health account each month unless you cancel Hartley Health as described below.

To avoid being billed for the next subscription term, you must cancel your subscription at least 24 hours before the end of your current subscription period. To cancel your subscription, or to see your next renewal date or the current fee for your subscription, visit your Hartley Health Dashboard and go to Subscriptions.

Failed subscriptions will undergo 5 attempts over a 7 day period to try and process the payment again. Payments will be attempted at the following intervals:

  • 12 hours after 1st attempt
  • 12 hours after last attempt
  • 24 hours after last attempt
  • 48 hours after last attempt
  • and 72 hours after last attempt

Payments will resume as normal once successfully taken. If payment cannot be successfully processed then access to the Site will be temporarily blocked.

If you cancel your Hartley Health subscription, your access will end on the last day of your subscription period. To access Hartley Health or its content after you cancel your subscription, you will need to purchase a new subscription, at which time different fees, terms, and  conditions may apply.

Free Trial and Promotional Offers for Hartley Health

We may offer promotional or free trial offers that provide access to Hartley Health for a short period of time at a discounted fee, as described in connection with each offer. Additional terms may apply to promotional or free trial offers. If you sign up for a free trial or promotional offer, your subscription will automatically convert to a paid subscription unless you cancel before the end of the trial or promotional period.

Eligibility for a free trial or promotional offer will be determined by Hartley Health, in our sole discretion. We may limit the eligibility or duration of free trial or promotional offers at any time and for any reason. We reserve the right to revoke any offer and put your account on hold if we determine that you are not eligible for the offer.

Hartley Health Subscription Plans

We offer various subscription terms to Hartley Health. All plans provide full access to Hartley Health and its features.

Payment for Hartley Health

You must maintain accurate and up-to-date credit card or other payment information in your Account. You authorise us to charge any credit card or other payment method associated with your Account. If a payment is unsuccessful, we may suspend your access to Hartley Health until you provide a valid payment method. Hartley Health assumes no responsibility or liability if your subscription fails to renew or expires because of invalid payment information. You remain responsible for any uncollected amounts.

Note: To process your payment for Hartley Health, we use PayPal and Stripe as our payment processor. We will transfer certain billing and payment information to these entities, in accordance with our Privacy Notice. You may also be subject to Terms of Use and Privacy Policies made available by these entities.

 

Cancellation of Hartley Health subscriptions

To cancel your Hartley Health subscription, go to your Hartley Health Settings on the Hartley Health Site and follow the instructions for cancellation. You may cancel your Hartley Health subscription at any time; you will continue to have access to Hartley Health through the end of your current subscription period.

We may terminate, restrict, or suspend your access to Hartley Health without credit or refund to you for any reason in our sole discretion, including if we determine that your activity violates these Terms, is improper, involves fraud or misuse, or harms or interferes with our or any other person’s interests.

 

Content Changes to Hartley Health

We want to keep content you love available on Hartley Health, but there are a variety of reasons why certain Content might need to be changed or removed. Hartley Health Content is subject to change or removal at any time without notice. Content removal does not entitle you to a refund (full or partial) of subscription fees.

 

Refunds for Hartley Health

Subscription fees for Hartley Health are nonrefundable, except where prohibited by applicable law. If you cancel, you will not receive a refund or credit for any partial-month access to Hartley Health.

 

Eligibility and Use Restrictions for Hartley Health

To subscribe to Hartley Health, you at least need to be 18 years of age. You are permitted to use Hartley Health for personal, non-commercial uses only and may not share Hartley Health content with individuals beyond your household. You may download recipes, ingredient lists, and cooking instructions for personal use, but Hartley Health video content is for streaming use only and may not be downloaded to any devices. You agree not to circumvent, remove, alter, or thwart any content protections in the Hartley Health Site.

Sponsored Content & Advertising in Hartley Health

We want you to know that certain Content on Hartley Health may be sponsored by a third-party advertiser, or may contain third-party advertising. Hartley Health may also promote and advertise its own products or services through Hartley Health. In addition, the personalities or chefs that are featured in Hartley Health might be incentivized to encourage users to sign up for Hartley Health and to visit their Hartley Health Content.

 

DMCA/Copyright Policy

Hartley Health respects copyright law and expects its users to do the same. It is Hartley Health policy to terminate in appropriate circumstances, account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

 

Third Party Services

The Services also contain links to third party websites, resources and services provided by third parties. Hartley Health is not responsible or liable for: (i) the availability or accuracy of such services; or (ii) the information, products, or services available on or through such third parties. The availability of such third party services does not imply any endorsement by Hartley Health. You are responsible for and assume all risk arising from your use or reliance of any third party services.

 

General Prohibitions

Please review these guidelines for posting on Hartley Health (which are a part of these Terms) to better understand what is prohibited on the Services. You agree that you will not post, upload, submit or otherwise transmit content that: (i) is an advertisement or endorsement of a product or service without Hartley Health express written permission; (ii) is useless or of no value to others; (iii) is knowingly false or intended to mislead, confuse, or deceive others; (iv) promotes illegal or harmful activities or substances; (v) contains items that have been identified by the ACCC Consumer Products Safety Commission as hazardous to consumers and therefore subject to a recall (vi) is harassing, threatening or insulting to others; (vii) violates the privacy, publicity, moral or any other proprietary right of others; (viii) is defamatory, obscene, pornographic, vulgar or offensive; or (ix) otherwise violates these Terms.

You also agree not to do any of the following while accessing or using the Services: (i) attempt to access, tamper with, or use non-public areas of the Services, Hartley Health computer systems, or the technical delivery systems of Hartley Health providers; (ii) gather and use information, such as other users’ names, real names, email addresses, or other information available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iii) use the Services for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; (iv) violate any applicable law or regulation; or (v) encourage or enable any other individual to do any of the foregoing.

We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that Hartley Health has no obligation to monitor your access to or use of the Services but has the right to do so for the purpose of operating the Services to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

 

Ownership

The Services are protected by copyright, trademark, and other laws of Australian (and relevant State/Territories) and foreign countries. Except as expressly provided in these Terms, Hartley Health and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding Hartley Health or the Services (Feedback) will be the sole and exclusive property of Hartley Health and you hereby irrevocably assign to Hartley Health all of your right, title and interest in and to all Feedback.

Subject to your compliance with the terms and conditions of these Terms, Hartley Health grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Hartley Health solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hartley Health or its licensors, except for the licenses and rights expressly granted in these Terms.

In addition, certain Content may be provided through the Services pursuant to a Creative Commons License. You may only copy, modify and redistribute such Content marked with the Creative Commons License outside of the Services as long as you meet the terms of the applicable Creative Commons License under which that Content was made available.

 

Termination

You can terminate your Account at any time by deactivating your Account or by providing notice of termination to us. If you breach any of these Terms, Hartley Health will have the right to suspend, disable or terminate your access to or use of the Services, at its sole discretion and without prior notice to you. Hartley Health will not be liable to you or any third party for termination of your access or use of the Services. Any suspension or termination will not affect your obligations to Hartley Health under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

General

These Terms will be governed by and construed in accordance with the laws of the State of NSW, Australia, without regard to or application of conflict of laws rules or principles. The failure of Hartley Health to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. These Terms and our Privacy Notice are the entire and exclusive agreement between Hartley Health and you regarding the Services, and these Terms supersede and replace any prior agreements between Hartley Health and you regarding the Services. We may revise these Terms from time to time. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

 

Contacting Us

If you have any questions about these Terms, or about Hartley Health in general, please contact members@jordanhartleyhealth.com. If you have any questions about your Hartley Health subscription, please contact us members@hartleyhealth.com.au