Terms and conditions for Use of the Healthier. Happier. website
- Healthier. Happier. Privacy
- Healthier. Happier. Copyright page
- Healthier. Happier. Disclaimer page
- Healthier. Happier. Collection Statement
- the Healthier. Happier. Health and Fitness Age Challenge Application Terms and Conditions.
- 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, healthier.qld.gov.au
2. Use of the Website and data
(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.
2.2 Limitations of Use
(a) not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website in any way whatsoever;
(c) not use the Website in any way that could damage, disable, overburden, impair or compromise the Website; and
(d) 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, healthy lifestyle tips, blogs, third party articles, recipes or exercises (“Email Notifications”). If you choose to receive Email Notifications, you understand and agree that:
(i) you will be asked to provide your email address, first name, last name, postcode, an account password, your age, your gender, your daily physical activity levels, your health goals and healthy habits but you will not be asked for any other identifying details (“your subscription data”);
(ii) you will be able to save recipes, exercises and Website content to your account as ‘Favourites’, and this data will be added to your subscription data;
(iii) the Website and a secure third party application will be used to store your subscription data. The third party application will generate Email Notifications by sending emails to your nominated email address and you acknowledge and consent to receipt of these Email Notifications; and
(iv) your receipt and use of Email Notifications is to provide you with healthy lifestyle tips, blogs, third party articles recipes and exercises, but the Website and/or Email Notifications are not a medical diagnostic tool, nor a substitute for professional medical advice.
(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.
(c) 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.
(a) 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. 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.
(b) 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
(a) 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.
(b) 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:
(i) any material and/or information in the Website;
(ii) the performance and availability of the Website;
(iii) 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;
(d) the unavailability, unsuitability and non-connectivity of third party sites;
(e) 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
(a) 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.
(b) You release and indemnify the State, its related bodies corporate, directors, officers, employees, contractors, agents and representatives (“those indemnified”) from and against:
(i) any loss or damage or liability for any loss or damage incurred by you; and
(ii) 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:
(A) your use of the Website or any linked website, including by making or carrying out any commitments;
(B) your use of or reliance on information contained in or accessed through the Website; or
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
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)
4. Third party websites and applications
(a) 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.
(b) 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.
(c) 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.
5.1 Governing law
5.3 Entire agreement
5.5 Invalid or unenforceable provisions
(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
5.7 Contact Details