Terms and Conditions

1. These are the terms on which Healthy Active Pet Pty Limited permits users (referred to as you or your) to: 
2. access and use the Healthy Active Pet website (the Website) including using the services and functionality made available through the Website; 
3. view and interact with any content, information, communications, advice, text or other material provided by Healthy Active Pet (including, but not limited to, our blogs, recipes, eBooks and programs) or any User Content;
4. purchase products on the Website, including subscriptions and memberships and
5. upload User Content to the Website and communicate with Healthy Active Pet
6. If a word or phrase is capitalised in these Terms, it has the meaning provided where it is shown in bold in these Terms.   Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.  These terms are the entire agreement between us in relation to their subject matter.
7. You agree to be bound by these Terms when you use, browse or access any part of the Website.
8. Healthy Active Pet may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. Subject to clause 1.5, your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
9. If you have a subscription or membership, the Terms applicable when you purchased your subscription or membership will apply until you agree to any changes, or you renew your subscription or membership. 

Changes to products, services and pricing

1. We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).  Our current prices, products and services are as set out on the Website.
2. All updates and modifications to the Website including any changes to the Healthy Active Pet Content, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website.

Registration of Accounts 

1. Although you may browse the Website without creating an account or providing your details, certain features and functionalities of the Website  can only be accessed by the creation of an account (Account), which in turn requires you to provide all of the information requested, including by entering an Account password (Password), at registration. 
2. You warrant that all information and data provided by you in the registration of your Account is accurate, complete and up to date. You will promptly inform Healthy Active Pet if there is any change to this information or data.
3. You may elect to change the Password at any time using the facility provided on the Website. 
4. You will be fully responsible for all acts and omissions of any person using your Password and Account, as if they were your own acts and omissions. You agree that you will not share, disclose, or permit disclosure of, your Password, let anyone else access your Account or do anything that would risk the security of your Account.  Healthy Active Pet will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of your Password and Account, and you will indemnify Healthy Active Pet against all loss, damage, claims, costs or demands in this regard.
5. You agree that if we disable or terminate your Account for any reason, you will not create another one without our permission, whether through the use of your own personal details or those related to you or created by you.
6. We reserve the right to refuse registration of any Account, at our sole discretion. 

Healthy Active Pet Content 

1. Healthy Active Pet Content on the Website is for general information and promotional purposes only. Healthy Active Pet does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any reliance or use of any information provided by or contained in the Website, Healthy Active Pet Content or services made available through the Website is solely at your own risk.
2. Healthy Active Pet on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Healthy Active Pet Content on the Website is not an endorsement of any organisation, product, service or advice. 
3. All intellectual property rights, including copyright, in the Website and Healthy Active Pet are owned or licensed by Healthy Active Pet or any of its related entities. You must not copy, modify or transmit any part of the Website or Healthy Active Pet Content. 
4. The Website may contain trade marks, logos and trade names of Healthy Active Pet or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the Website. 
5. Healthy Active Pet grants you a non-exclusive and non-transferable licence to use the Website for your own personal use, subject to the restrictions specified elsewhere in these Terms. It is not to be otherwise used for commercial exploitation. 
6. If you have a complaint regarding any Healthy Active Pet Content or User Content, Healthy Active Pet‘s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Healthy Active Pet Content or User Content.

 Links and advertisements

1. The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). Healthy Active Pet provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.
2. Facebook, Twitter, Instagram, YouTube and other third party websites which are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these third party linked sites, you do so at your own risk. Healthy Active Pet is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. Healthy Active Pet is not responsible for and will not be liable in respect of any incorrect link to an external website.

Privacy 

1. Any personal information or personal data submitted by you (whether of you or another person from who you have the necessary consents to provide that personal information as contemplated in clause 6.2) to Healthy Active Pet will be used for the purposes contemplated by these Terms, including but not limited to:
2. processing your payments for purchasing any products;
3. providing you with goods and services you have purchased; 
4. communicating with you, including via email, regarding your Order, your Account or Purchases, or regarding other interactions you have with us via the Website; and
5. providing direct marketing communications to you when you sign up to receive email and opt-in for sms updates from Healthy Active Pet
6. If you are submitting to the Website, the personal information or personal data of any other person, you warrant that the person is aware of and has consented to the use of their personal information or personal data in accordance with these Terms. 
7. You agree that, by submitting your payment and confirming your Order via the Website, you have read and understand these Terms and consent to these requirements.

Disclaimer

1. We have used our best endeavours to ensure all information, graphics, audio and video and other items appearing on the Website are correct and up-to-date at the time of publication. Healthy Active Pet does not represent or warrant the accuracy or completeness of the Content and is not responsible for any errors, omissions or defects. Depending on the resolution of the screen you use to access the Website, the colours of products as displayed on this Website may not constitute an accurate depiction of the true colour of the item.
2. Healthy Active Pet always recommend supervising and monitoring your pet while they’re consuming any food & ensuring that you have picked food that is size appropriate and appropriate for the chewing style of your dog

Indemnity 

You will fully indemnify and hold harmless Healthy Active Pet in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

1. any breach of these Terms by you; 
2. your use of the Website or Healthy Active Pet Content; 
3. User Content you post on the Website;
4. any third party use of the Website through your Account (whether authorised or not);
5. your communications with Healthy Active Pet; or
6. your use of third party websites linked to the Website.

Warranties, consumer guarantees and limitation of liability 

1. Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. 
2. Healthy Active Pet will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, Healthy Active Pet, all links to or from the Website or the goods and services advertised or referred to on the Website.
3. The maximum aggregate liability of Healthy Active Pet for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
4. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement. 
5. To the fullest extent permitted by law, the liability of Healthy Active Pet for a breach of a non-excludable guarantee referred to in clause 9.4 is limited, at Healthy Active Pet’s option, to:
   1. in the case of goods supplied or offered by us, any one or more of the following:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      4. the payment of the cost of having the goods repaired; or
   2. in the case of services supplied or offered by us:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.

No provision of medical advice

1. The Website, Healthy Active Pet Content and services made available through the Website are designed for educational purposes only. This information is not a substitute or replacement for professional medical advice, diagnosis or treatment, and you should not rely on this information as such. You should always consult a professional if you have any concerns or questions about your pets health, and you should not disregard, avoid or delay obtaining medical or health-related advice from your vet because of something you may have read on the Website. 
2. Nothing contained in the Website, Healthy Active Pet Content or services made available through the Website is intended to be, and must not be taken to be, the practice of medical care. 
3. Whilst advancements and developments in medical research may affect the health and nutritional information contained in the Website, Healthy Active Pet Content, products or services made available through the Website, we do not guarantee that such information will always include the latest or most recent findings or developments.    
4. Your access or use of the Website, Healthy Active Pet Content or services made available through the Website does not in any way create between you and Healthy Active Pet, a confidential or privileged relationship, a relationship of practitioner and patient, or any other relationship that would give rise to any duties on our part. 
5. Healthy Active Pet always recommends consulting with your vet before changing your pets diet. 

Access and communication

1. Subject to clause 9.4, Healthy Active Pet does not warrant that you will have continuous access to the Website. 
2. Healthy Active Pet will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
3. Healthy Active Pet does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties. 
4. Whilst Healthy Active Pet takes reasonable precautions to protect information transmitted via the Website, Healthy Active Pet cannot and does not guarantee the security or confidentiality of these communications or the security of the Website. 
5. Healthy Active Pet does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

Subscriptions and Memberships

Healthy Active Pet Memberships and Subscriptions 

1. Cancellation policy

The following cancellation policy applies to subscriptions and memberships 

1. while you may cancel your subscription or membership at any time, you will not receive a refund of your payment;
2. your access to your subscription or membership will run until your existing paid term expires, at which point your access will be terminated; and
3. cancellations to subscriptions and memberships can be made up to 2 business days prior to the expiry of your current subscription or membership period, after which time Healthy Active Pet cannot ensure its systems will process the cancellation in time to prevent a further payment being taken. 

Membership

1. The Website will set out other types of memberships which are available from time to time (Memberships). Each Membership will have the benefits and will continue for the term as set out on the Website. This clause 17.4 shall apply to such Memberships. 
2. Payment options for Memberships will be as set out on the Website, and are to be made in accordance with the terms set out in clause 18..