Terms and conditions for Use of the Healthier. Happier. website

Please carefully read these terms and conditions (“Terms of Use”) for use of the Healthier. Happier website including subscribing for email notifications, and receiving emails from us (“Website”).

1. Terms of Use

(a) By using or subscribing to the Website, 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 use of the Website constitutes your acceptance of these Terms of Use, which takes effect each time you use the Website, including the date, if any, that you subscribe for email notifications. If you do not agree with these Terms of Use, you must cease using the Website immediately and cancel your subscription (if applicable).
(b) The Website is owned and operated by the State of Queensland acting 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 Website 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 Website 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 Website.
(c) These Terms of Use also include 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 Website and data

2.1 Use

(a) You may access the Website, to view, use and display the Website for your personal use only. You may use the Website to view information and material provided by us, to access to the Healthier. Happier. Health and Fitness Age Challenge Application and to subscribe for Email Notifications. You may not use the Website for any other purpose.
(b) You acknowledge that you have no rights in, or to, the Website or technology used or supported by the Website, other than the right to use the Website in accordance with these Terms of Use.

2.2 Limitations of Use

You must:
(a) use the Website 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 Website in any way whatsoever;
(ii) not use the Website 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 Website;
(iii) not use the Website in any way that could damage, disable, overburden, impair or compromise the Website; and
(iv) comply with any applicable law and regulation relating to downloading content or applications used or supported by the Website.

2.3 Subscription and email notifications

(a) As part of the optional subscriber services on the Website, you can choose to receive email notifications which may include notifications of changes to the Website, new recipes or new exercises (“Email Notifications”). If you choose to receive Email Notifications then the Website will generate Email Notifications by sending emails to your nominated email address and you acknowledge and consent to receipt of these Email Notifications.
(b) You may choose to stop receiving Email Notifications at any time by selecting the ‘Off’ option under ‘Email notifications’ within the Website’s settings menu or by clicking the ‘Unsubscribe’ link that appears at the bottom of Email Notifications.
(c) 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 internet service provider or email account.

2.4 Termination

(a) We may cancel or suspend your subscription to the Website at any time, with or without notice if you have breached the Terms of Use;
(b) We reserve the right to cease operating the Website at any time, without notice, and to terminate this Agreement;
(d) At any time you may terminate this Agreement by ceasing your subscription (if applicable) and ceasing all use of the Website.

2.5 Intellectual Property

The State is the owner of the Website. All intellectual property in the information and material published on the Website is owned by, or licensed to, the State. You obtain no interest in the intellectual property. All content in the Website, 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 Website or any of its components.

2.6 Privacy

You acknowledge that information about you, including information provided to us on signing up to the Website as a subscriber will be held by the State. This information is collected by us for the purpose of operating the Website and providing you with information and material on nutrition and exercise. In addition, the State may use your personal information in accordance with our Privacy statement located at Privacy. 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 the link above to the Privacy statement.

3. Exclusion or warranties, liability, etc.

3.1 Exclusions of warranties

All content and services on or available through the Website 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 Website 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 Website;
(b) the performance and availability of the Website;
(e) the loss, damage, corruption or degradation of any data or other material as a result of the use of the Website.

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 Website for any decision or otherwise;
(b) accessing, displaying and using the Website and/or participating in any on-line activities contained therein;
(c) any interruption, suspension or termination of the Website 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 Website and or viruses or other technologically harmful material that may infect your computer or mobile device due to your use of the Website.

3.3 Your risk

You access the Website at your own risk and the State accepts no responsibility for any interference, loss, damage or disruption to your own computer or mobile device or otherwise which arises in connection with your use of the Website. You must take your own precautions to ensure that the process which you employ to obtain access to the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer or 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 Website including but not limited to downloading any information and materials in or from the Website.
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 Website 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 Website; 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 Website, 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 Website is provided on the basis that you will conduct any necessary virus scanning and other checks so as to protect your data, mobile or computer 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 Website you will achieve your desired weight and fitness level. Information provided by the Website 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 Website.

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 Website 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 Website.

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 Website administrator by emailing: info@healthier.qld.gov.au