Effective Date: 24 March 2022

This website (healthyfood.com) is owned and operated by Nextmedia Pty Ltd (ACN 128805970), of Sydney, Australia, in these terms any reference to “NM”, “we”, “us” or “our” means Nextmedia Pty Ltd (ACN 128805970).

Please read these terms carefully. These terms govern the use of this website and associated content, services, products and software (the “Service” or the “Website”) including participation in the Service’s commenting facility and any other correspondence sent to us (“Submissions”). By accessing the Service you agree to be legally bound by and comply with these terms. If you do not agree to the terms of this agreement, do not access or use the Service.

Use of the Service by you

Your right to access and use the Service is personal to you. We grant you a limited, non-transferable license to access and use the Service solely for your personal, non-commercial purposes.

As part of the registration, activation or account creation process, you will create login credentials (“Credentials”) by providing an email address and selecting, or being given, a password. Each registration is for a single user only. You must ensure the security of your details and will not allow others to use the Service by sharing your Credentials, you are responsible for all your own use of the Service.

You may not republish, reprint, transmit or electronically reproduce the Service or any of its contents, in whole or part, whether by automated or manual means (including use of any scraper or similar technology) without prior written consent from us.

You may not download, copy, modify, store in any medium (including on any other website) transmit or otherwise use any content from the Service for public or commercial purposes. You are responsible for your own network and connection charges.

Other than accessing the Service by connecting to NM’s servers by HTTPS requests  using a web browser, you may not attempt to gain access to NM’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with, NM and/or the Service.

You acknowledge that NM has not reviewed and does not endorse the content of any or all sites linked to or from the Service and is not responsible for the content or actions of any other sites linked to or from the Service. Linking to any other service or site from the Service is at your sole risk.

Digital Subscription pricing, auto-renewal, cancellation

We reserve the right at any time to charge fees for access to portions of the Service or the Service as a whole, such fees are to be known as a “Digital Subscription”. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges.

The price and any specific terms relating to your Digital Subscription will be confirmed to you when you subscribe. You can also find the specific details relating to your Digital Subscription, including the price and date of your next scheduled payment, by visiting your account details page.

Your Digital Subscription will automatically renew at the end of the applicable subscription period for a further period of the same length, and will continue to renew at the end of each additional subscription period, until cancelled or terminated. You must cancel your Digital Subscription before it renews to avoid paying for future subscription periods. Digital Subscriptions cannot be paused or suspended.

You can cancel your Digital Subscription at any time by following the instructions on your account details page or advising us by email. Cancellation will take effect at the end of your current subscription period. You will not receive a refund for any unused portion of your current subscription period. Your Digital Subscription will continue until the end of your current subscription period.

Notwithstanding the above, if you fail to cancel your annual or biennial Digital Subscription before its renewal date, but you email us within 30 days of renewal to cancel your Digital Subscription, your Digital Subscription will be cancelled and you will receive a full refund for the renewal term.

We reserve the right change the price of any Digital Subscription packages and thereby the amount that you pay (to be effective at the start of your next subscription period) at any time as long as we notify you. Once we notify you of a change in the price, you will have the opportunity to cancel your Digital Subscription (to be effective at the end of the then current subscription period). If you don’t cancel, you will be charged the new price at the beginning of your next subscription period. Notification will be by way of email to the most recent email address on your account.

In the healthyfood.com shop:

1. Purchases through the Healthy Food Guide shop are made with Nextmedia Pty Ltd.
2. The name that will appear on your statement is Nextmedia Pty Ltd.
3. Any errors made in providing your details to us are your responsibility and we are not liable for consequences that relate to any errors.
4. We will protect and maintain your privacy in accordance with our Privacy Policy and relevant New Zealand
5. Alternate methods of payment; if you do not wish to use a credit card for payment, you have the option to set up payment by internet
6. All subscriptions require payment in advance of

Security

The Service is hosted behind a commercial firewall to prevent hackers from obtaining access to your data. Only authorised personnel from the NM’s administration and our hosting provider are allowed access to the web server or databases.

The overwhelming majority of online transactions are completed without incident. While the possibility of being defrauded by a third-party is minimal, there are some risks. NM and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your use on the Service. This includes fraudulent charges alleged to have been obtained from your use of the Service, regardless of the type of claim or the nature of the cause of action. You use the Service at your own risk.

The Service has a strong Privacy Policy relating to all information that you provide through the Website and we will take all reasonable steps to prevent any data being inappropriately released or misused.

Privacy Policy

By using the Service you may give us personal information, you grant us consent to use any such personal information in accordance with our Privacy Policy, which forms part of these Terms of Use.

Please see our Privacy Policy and our Cookie Policy for full details.

Submissions policy

Where the Website has sections where you can post your thoughts, comments and reviews (Submissions) you are solely responsible for the content of your Submissions, and no liability is accepted by NM, the publisher, nor the authors, for any Submissions.

You grant NM a perpetual, irrevocable, royalty-free, worldwide and non-exclusive license to publish, reproduce, adapt, modify and translate any material you submit to us in print, email, on social media, electronically or any other method, without limitation, in any format. You warrant that you have the rights, power and authority necessary to grant such a license and that our use of your Submissions will not infringe the rights of any person or entity or breach any applicable law.

NM may edit your Submission for brevity, style and clarity, and we don’t guarantee publication.

You warrant that you will not upload to, or distribute or otherwise publish onto the Service, any libelous, defamatory, obscene, threatening, pornographic, abusive, or otherwise illegal material. You must abide by any community Submission guidelines which may be posted on the Website by us.

You understand that by using the Website, you may be exposed to Submissions that you find offensive, indecent or objectionable, and that in this respect you use the Website at your own risk.

If you wish to delete a Submission or Submissions that you have made to the Service, NM  will use all reasonable efforts to remove it or them from the Service, within a reasonable time of receiving written notice from you. You acknowledge, however, that cached copies or other references to the Submissions may still be available.

NM reserves the right to pre-screen, review, delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

You warrant that you will not, without the express, written approval of NM, distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods or services.

You warrant that you will not impersonate any person, entity or corporation, or submit a fictitious name or username.

NM reserves the right to terminate your use of the Service if we believe you are  abusing the Service in any way, or have breached these Terms of Use.

We take any breach of this policy seriously. If you believe any Submission to be in breach of this policy, contact our website administrator and we will take the appropriate action.

Linking to the Website

We encourage you to provide links to this Website. While you may use the name of the Website in the text of any such link, you may not use any of our logos or trademarks without prior written consent.  Any links to our Website must not imply that we endorse, are affiliated with or are associated with any linked site.

You must not frame this Website or represent or imply that any part of the Website belongs to anyone other than us. If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.

Links to our Website are not permitted from websites that; incite hatred of any type; encourage violence or terrorism; discriminate against any social group; facilitate illegal activity; contain pornographic, illegal, defamatory, misleading or objectionable material; or infringe others privacy.

Advertising Policy

NM may accept advertising on the Service in order to facilitate ongoing operations.

All advertisements are subject to approval, and NM reserves the right to reject or cancel any advertisement at any time for any reason or no reason.

NM’s acceptance of any advertisement is under no circumstances considered to be an endorsement of any advertised product or service or for the company that manufactures, distributes, or promotes the product or service.

Advertisers have no control or influence over site content or a user’s search results on the healthyfood.com website. Search results are based solely on the functionality available through our search software and user-defined criteria.

Advertising is separate from content. The Service will not display any advertising that is not clearly labeled.

Advertising copy must be factual and in good taste.

NM will not permit advertisements for the following products or services at any time. These categories include but are not limited to the following:

• pornography
• tobacco
• high alcohol content drinks
• gambling
• weapons, firearms, ammunition, or fireworks
• illegal or objectionable products
• fraudulent, deceptive, illicit, misleading or offensive material that discriminates, ridicules or attacks an individual or group on the basis of age, race, religion, gender, sexual orientation, material status, or disability
• unreasonable, unlikely or extraordinary product or service claims Advertisements that strobe or flash
• Advertisements that contain spyware or adware
• Advertisements that contain unsubstantiated “miracle” cures
• Advertisements that mimic computer functions that would be reasonable to the average user to assume as a reason to click the unit

NM is not responsible for incidental or consequential damage for any errors in displaying any advertisement.

Copyright & Trademarks

You acknowledge that the Service, in its entirety and including user Submissions, is subject to and protected by copyright, trademark and other intellectual property rights. We retain all right, title and interest in and to the Service and nothing you do on or in relation to the Service will transfer any intellectual property rights to you.

NM respects the intellectual property of others, and we ask our users to do the same. NM may, in appropriate circumstances and at its discretion, terminate the access of users who infringe the copyright or intellectual property rights of others.

If you believe your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, or the Service contains links or other references to another online location that contains material or activity that infringes your copyright rights, please contact us via email and provide the information required.

The content on the Service is subject to copyright in its entirety. The content may not be reproduced in any form, either in whole or in part, without written permission of the publisher (NM). All rights reserved in material accepted for publication, unless initially specified otherwise. All letters, emails, graphics and other material forwarded to the Website or to the editor or NM will be assumed intended for publication unless clearly labelled ‘not for publication’. Opinions expressed in content on the Website are those of the contributors and not necessarily those of NM. No responsibility is accepted for unsolicited material.

Children

NM will over time provide content and information which children may find interesting and may wish to access. However, no one under the age of 13 years is allowed to provide any personal information. Minors under the age of 18 years are prohibited from making purchases, including Digital Subscriptions, on the Service.

Disclaimer

This Service including its content and products like e-books and toolkits provides general information only. You should verify any important information we provide and seek independent advice prior to making decisions. While NM takes reasonable care to provide information which is accurate and up to date when it is first included on the Service, it does not undertake to update or correct such information. NM reserves the right to change, delete or move any of the material on the Service at any time without notice.

NM makes no representation or warranty express or implied as to the accuracy or completeness of any of the information included on the Service. Neither NM nor any other person or entity accepts liability for any loss of whatsoever nature or howsoever caused,

arising directly or indirectly from the use of or reliance upon the Service or any of the information it contains.

Information provided on this website does not replace advice & information given to you by medical professionals. You should always seek advice from a medical professional about a health condition or if you are feeling unwell.

Furthermore:

You expressly agree that use of the service is at your sole risk. The service and website content are provided on an “as is” and “as available” basis, “with all faults,” and without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, nextmedia Pty Ltd and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies disclaim any and all warranties including any:

1. Warranties that the service will meet your requirements;
2. Warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of the service or website content;
3. Warranties of title, non-infringement or misappropriation of intellectual property rights of third parties, custom, trade, quiet enjoyment, merchantability or fitness for a particular purpose;
4. Warranties for services or goods received through or advertised on our service or accessed through the service;
5. Warranties concerning the accuracy or reliability of the results that may be obtained from the use of the service;
6. Warranties that your use of the service will be secure or uninterrupted, timely or error-free;
7. Warranties that defects or errors in the software will be corrected; and
8. Warranties that the service (or the server that makes it available) are free of viruses or other harmful

Limitation on Liability; Governing Law; Waiver of Class Actions

A) Under no circumstances shall nextmedia Pty Ltd or its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or their related companies be responsible or liable for any direct, indirect, incidental, special, consequential, economic, punitive or exemplary damages (even if forseeable or if nextmedia Pty Ltd has been advised of the possibility of such damages), under any contract, negligence, strict liability, tort or other theory, arising out of, relating to, or in any way connected with the service, these terms of use or applicable additional terms. Your sole remedy for dissatisfaction with the service, including, without limitation, the website content is to stop using the service. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the service or any links on the service, as well as by reason of any information or advice received through or advertised in connection with the service or any links on the service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the service.

B) Notwithstanding anything to the contrary contained herein, in no event shall the cumulative liability of nextmedia Pty Ltd and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies exceed the greater of the total payments received from you by nextmedia Pty Ltd during the preceding twelve (12) month period or $100. Furthermore, you agree that any cause of action arising out of, relating to, or in any way connected with the service, these terms of use or applicable additional terms must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

C) Any claims made against nextmedia Pty Ltd or its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or their related companies will be governed by and construed in accordance with the laws of Australia and the parties agree to submit to the exclusive jurisdiction of the Australian courts.

D) You and nextmedia Pty Ltd agree that each party may bring disputes against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including, without limitation, a class action lawsuit. However, nothing in this paragraph limits your right or nm’s right to bring a lawsuit against each other as an individual plaintiff.

Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Service, including any breach by you of these Terms of Use.

Changes to Terms of Use

We may change these Terms of Use at any time. Please take a look at the date at the top of this page to see when these Terms of Use were last updated. Any changes to these Terms of Use will become effective when we make the revised Terms of Use available and your continued use of the Service will constitute your agreement and acceptance of all such changes.

General

In using the Service you must not:

• violate any applicable laws
• distribute viruses, corrupted files or similar software that may damage any computer hardware or software
• disclose any password you use to access the Service, and you will be solely and personally responsible for all activities that occur under your account
• collect or store data about other users of the Service
• use the Service or its content for any purpose that is threatening, libelous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or is any way that infringes the rights of another person
• engage in any conduct that infringes the rights of another person or inhibits any other person from using or enjoying the Service

If any part of these terms is:

• held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible; or
• inconsistent with any applicable law, the inconsistent part is to be read subject to that law to the extent necessary,

and the remainder will remain in full force and effect.

Our failure to enforce any provision of these Terms of Use or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

The provisions of these Terms of Use intended by their nature to survive termination or expiration shall so survive the termination of your account or access to all or part of the Service.

Your use of the Service is conducted electronically and we may communicate with you electronically for all aspects of your use of the Service, including sending you emails to the most recent email on your account, which you agree satisfy any legal requirement that such communications be in writing.

These terms constitute the entire agreement between us and you in relation to the Service and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Service.

Contact details

If you have any further queries about these Terms of Use, or would like to make a complaint, please contact us.

Our postal address is:

Nextmedia Pty Ltd
PO Box 5555
St Leonards
1590 NSW
Australia