Terms of Use for the Healthier. Happier. website and mobile application

Please carefully read these terms and conditions (“Terms of Use”) for download, installation, display and use of the Healthier. Happier mobile application (“Application”) before you download, install, display or use the Application.

1. Terms of Use

(a) By downloading, installing, displaying or using the Application, you indicate that you accept these Terms of Use and that you agree to abide by them as a legally binding agreement between you and us. Your download, installation or use of the Application constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install, display or use the Application. If you do not agree with these Terms of Use, you must cease downloading, installing, displaying or using the Application immediately.

(b) The Application is owned and operated by the State of Queensland through Queensland Health. The State reserves the right to amend, modify, add, delete and make corrections to the Terms of Use or by updating the Application to incorporate new Terms of Use, at any time without notice. All changes are effective from the date they are posted and your continued use of the Application will constitute your acceptance of the variation of the Terms of Use. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you utilise the Application.

(c) These Terms of Use also includes the terms and conditions set out below:

(d) In these Terms of Use:

  • the expression ‘user’, ‘you’ and ‘your(s)’ refers to the person or organisation accessing and using the Healthier. Happier website;
  • the expression ‘we’, ‘us’, ‘our’ and “the State” means the State of Queensland (acting through Queensland Health);
  • the expression “the Healthier. Happier website” means the Healthier. Happier website, www.healthier.qld.gov.au

2. Use of the Application and data

2.1 Use

(a) You may download the Application, to view, use and display the Application on your mobile device for your personal use only. You may use the Application to view information and material provided by us and to access to the Healthier. Happier. website. You may not use the Application for any other purpose.

(b) You acknowledge that you have no rights in, or to, the Application or technology used or support by the Application, other than the right to use the Application in accordance with the terms of this Agreement.

(c) The Application is currently available to mobile devices running the Apple iOS or Android OS. To access the Application you must have a mobile device with paid access to a mobile phone provider. The Application is free to download however your provider’s rates and fees will apply for accessing and downloading information within the Application.

2.2 Limitations of Use

You must:

(a) use the Application in accordance with these Terms of Use;

(i) not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Application in any way whatsoever;
(ii) not use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Application;
(iii) not use the Application in any way that could damage, disable, overburden, impair or compromise the Application; and
(iv) comply with any applicable law and regulation relating to downloading or technology used or supported by the Application.

2.3 Push and email notifications

(a) As part of installation of the Application on your mobile device, the Application will ask if you would like it to send you “Push Notifications”, which may include alerts, badges, banners and sounds, on your mobile device. If you choose to allow Push Notifications then the Application will generate Push Notifications on your mobile device and you acknowledge and consent to receipt of these Push Notifications.

(b) You may choose to stop receiving Push Notifications at any time by selecting the ‘Don’t Bug Me’ option within the Application’s settings menu or by deleting the Application from your mobile device.

(c) You agree to us sending to you communications via email (“Email Notifications”). You acknowledge and agree that receipt of Email Notifications is dependent on the operation of your mobile device provider and the service of the mobile device provider. We will not be responsible or liable for any costs or damages incurred by you not receiving Email Notifications or by the insufficient operation of your mobile device, mobile network and mobile phone company.

(d) You may opt out of receiving Email Notifications at any time by clicking the ‘Unsubscribe’ link that appears at the bottom of Email Notifications.

2.4 Termination

(a) We may cancel or suspend use the Application at any time, with or without notice if you have breached the Terms of Use;

(b) We reserve the right to cease operating the Application at any time, without notice, and to terminate this Agreement;

(c) On termination for any reason, you must immediately delete or remove the Application from any and all mobile devices, and immediately destroy all copies of the Application in your possession or control and certify, if we so request, confirmation that you have destroyed the copies of the Application;

(d) At any time you may terminate this Agreement by deleting the Application from all mobile devices on which you have installed the Application.

2.5 Intellectual Property

The State is the owner of the Application. All intellectual property in the information and material published on the Application is owned by the State. You obtain no interest in the intellectual property. All content in the Application, including but not limited to all software, design, brand names, text, photographs, information, sound recordings, images and other material is protected by copyright, trademark and intellectual property laws in Australia. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Application or any of its components.

2.6 Privacy

You acknowledge that information about you, including information provided to us on signing up to the Application will be held by the State. This information is collected by us for the purpose of operating the Application and providing you with information and material on nutrition and exercise. The State may use your personal information in accordance with our Privacy Policy located at www.health.qld.gov.au/masters/privacy.asp. The State protects, collects and manages your personal information in accordance with the Information Privacy Act 2009 (Qld). The State may be required to disclose personal information by applicable law, under compulsion of law by a court or government agency.
For information on how to gain access to your personal information, how we use your personal information, provision of contact details or other privacy matters, please see our link about to the Privacy Policy.

3. Exclusion or warranties, liability, etc.

3.1 Exclusions of warranties

All content and services on or available through the Application are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion, in respect of the Application or its content.
To the maximum extent permitted by law, the State excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:

(a) any material and/or information in the Application;

(b) the performance and availability of the Application;

(e) the loss, damage, corruption or degradation of any data or other material as a result of the use of the Application.

3.2 Exclusion of liability

To the maximum extent permitted by law, the State excludes all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:

(a) the use of, reliance on, or action taken as a result of, any information or material in the Application for any decision or otherwise;

(b) accessing, displaying and using the Application and/or participating in any on-line activities contained therein;

(c) any interruption, suspension or termination of the Application in whole or in part for whatever reason including failure of or suspension of public or private telecommunications network;

(e) the unavailability, unsuitability and non-connectivity of third party sites;

(f) any loss, damage, corruption or degradation of any data or other material as a result of the use of the Application and or viruses or other technologically harmful material that may infect your mobile device due to your use of the Application.

3.3 Your risk

You access the Application at your own risk and the State accepts no responsibility for any interference, loss, damage or disruption to your own mobile device or otherwise which arises in connection with your use of the Application. You must take your own precautions to ensure that the process which you employ to obtain access to the Application does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your mobile device or otherwise cause you or any person loss, damage or corruption.

3.4 Release from claims, etc

You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against the State, its related bodies corporate, directors, officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of the Application including but not limited to downloading any information and materials in or from the Application.
You release and indemnify the State, its related bodies corporate, directors, officers, employees, contractors, agents and representatives (“those indemnified”) from and against:

(a) any loss or damage or liability for any loss or damage incurred by you; and

(b) any loss, liability, claim, demand, damage or expense (including legal fees) made by any third party against those indemnified, howsoever caused (including through negligence) directly or indirectly arising out of or in connection with:

(i) your use of the Application or any linked website, including by making or carrying out any commitments;
(ii) your use of or reliance on information contained in or accessed through the Application; or
(iii) breach by you of the Terms of Use.

3.5 Software viruses, etc

Without limiting the above, the State does not warrant that the Application, information and or material available for download is free from viruses or other conditions that could damage or interfere with data, hardware or software. Accordingly, the State excludes to the maximum extent possible, any liability for any loss suffered as a result of any such viruses or defects.

3.6 Downloadable material

We make downloadable documents, software and other materials available under the following conditions:

(a) Downloadable material within the Application is provided on the basis that you will conduct any necessary virus scanning and other checks so as to protect your data, mobile device and software systems and those of any other person.

(b) You agree that we will not be liable to you for any loss, injury or damage however caused (including by negligence) that arises in any way from the use of the downloaded material.

(c) If you provide the downloaded material to another party you should bring the other party’s attention to these conditions.

3.7 Health and medical

We make no guarantees that by using the Application you will achieve your desired weight and fitness level. Information provided by the Application is made available for the benefit of the public and is not intended to provide or substitute medical advice from a health professional. We strongly recommend that you to seek advice from a qualified health care professional before you make changes to your diet, eating or physical exercise habits/plans. We do not accept liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying upon any information provided by the Application.

3.8 Exclusion of liability – scope

The exclusion of liability applied to these Terms of Use as set out in this clause 3 applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if the State and/or Queensland Government has been notified of the possibility of such loss or damage.

3.9 Your contribution to loss

You agree that any legal liability on the part of the State will be reduced by the extent, if any, to which you contributed to the loss.

3.10 Non-excludable liability (if any)

These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.

4. Third party websites and applications

The Application contains links to websites and mobile applications owned and operated by third parties, who are not under the control of the State and/or Queensland Government.

The State does not approve, endorse, recommend or sponsor these linked sites, their owners or operators, or any information, graphics, materials, products or services referred to or contained on those linked websites and mobile applications, unless specifically stated.

The State is not responsible for the content of these linked websites and mobile applications and makes no representation as to the accuracy of any material on these websites or mobile applications.

The State, to the maximum extent possible, excludes liability for any loss suffered as a result of use of these third party websites and mobile applications, or reliance on the information contained within. The terms and conditions, terms of use and privacy policies of those third party websites and mobile applications will apply to your use of those websites and mobile applications.

5 General

5.1 Governing law

These Terms of Use shall be governed by and construed in accordance with the laws in force in the State of Queensland, Australia.

5.2 Jurisdiction

These Terms of Use shall be governed by and construed according to the laws in force in the State of Queensland, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.

5.3 Entire agreement

This agreement, together with other documents referred to in it, constitutes the entire agreement between you and us relating to the Application.

5.4 Severability

The invalidity or unenforceability of any provision of this agreement shall not affect the rest of the provisions in this agreement, which will continue in full force and effect.

5.5 Invalid or unenforceable provisions

If a provision of these Terms of Use is found by a court of law to be invalid or unenforceable:

(a) it is to be read down or severed to the extent of the invalidity or unenforceability; and

(b) that fact does not affect the validity or enforceability of the remaining provisions.

5.6 No waiver

No provision of these Terms of Use will be taken to be waived except by written notice signed by you and us.

5.7 Contact Details

Should you have any questions regarding the Terms of Use please contact the Application administrator by emailing: info@healthier.qld.gov.au