healthylife Food Tracker Terms & Conditions
Effective date 24 January 2023
1. General
1.1 HealthyLife Company Pty Limited (ABN 95 647 137 111) ("HealthyLife”, “HealthyLife Online", "us", “our” or "we"), part of Woolworths Group Limited (ABN 000 914 675) (“Woolworths”), offers a variety of content through the healthylife Food Tracker, including health, wellness and nutrition regimen-oriented content, dietary program-oriented content, options and guidance or recommendations on wellness regimens, meal planning and dietary alternatives and services through the healthylife Food Tracker (collectively, the “Content”) at www.healthylife.com.au/account/health (the “Site”).
The purpose of Healthylife and the healthylife Food Tracker is to help inspire you to make healthier food choices and achieve a more balanced diet. By looking back at your recent purchases made with your Woolworths’ Everyday Rewards Card, you can assess the balance of foods that make it to your and your family's plate. Healthylife provides the Site and the Content for information purposes only. Healthylife is not a health service provider and it does not intend or claim to be providing a health service nor does it claim to improve your health or wellbeing. The Site and Content provided is general information only and is based on Australian Dietary Guidelines. It is applicable to generally healthy Australians. The Content is not tailored to, nor does it consider or assess, your or your family's individual health needs or circumstances
1.2 Please read these healthylife Food Tracker terms & conditions before accessing or using this Site or the Content.
1.3. Your access to and use of this Site and the Content is subject to these healthylife Food Tracker terms & conditions.
2. Your agreement to the healthylife Food Tracker terms & conditions
2.1. By accessing, using or interacting with this Site or the Content, including uploading any information to this Site, you agree that you will be subject to and will comply with these healthylife Food Tracker terms & conditions.
3. Not medical advice or health services
3.1 HealthyLife cares about your safety. It's important to us that you stay healthy while achieving your health and wellness goals. Please be responsible and use your best judgment and common sense. As noted above, we provide this Site and the Content for information purposes only, and can't be held liable if you suffer an injury or experience a health condition. HealthyLife is not a medical professional, and HealthyLife does not provide health services, medical services or render medical advice. Nothing contained in this Site or the Content should be construed as such service, advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through this Site or the Content should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness. Under no circumstances will any of your use, access or interactions with this Site or the Content be deemed to create a doctor-patient relationship or a fiduciary duty of any kind whatsoever, between you and HealthyLife. you are solely responsible for your use, access or interactions with this Site and the Content.
3.2 You should consult with your physician or medical professional(s) and consider the associated risks before accessing or using this Site or the Content. You should also seek the advice of a physician or medical professional(s) with any questions you may have regarding your health before beginning any dietary programs or plans, exercise regimen, food swaps or any other fitness or wellness activities or plans that may be referenced, discussed or offered under this Site or the Content. If you are being treated for a disease, health condition or illness, taking prescription medication or following a therapeutic diet to treat a disease, health condition or illness, you should consult with your physician or medical professional(s) before using this Site or the Content.
3.3 You represent to us (which representation shall be deemed to be made each time you use this Site or the Content), that:
(a) you are not using or interacting with this Site or the Content or participating in any of the activities offered by the Content for the purpose of seeking medical attention or a health service;
(b) before using or interacting with this Site or the Content (including making any dietary, health or wellness changes based on information available through this Site or the Content), you will consult with and receive the consent of your physician or medical professional(s). If any information you receive or obtain from using this Site or the Content is inconsistent with the medical advice from your physician or medical professional(s), you should follow the advice of your physician or medical professional(s); and
(c) accessing, using or interacting with this Site or the Content or participating in any of the activities offered by this Site or the Content is at your own risk and that if you choose to do so, you are doing so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such Content or activities.
3.4 Except as otherwise set out in these healthylife Food Tracker terms & conditions, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injury, illness, or damages sustained from your use of, or inability to use, this Site, any Content or features of the Content, including any activities or content you access or learn about through this Site or the Content even if caused in whole or part by the action, inaction or negligence of HealthyLife or others.
4. Registration
4.1. You must be a registered cardholder of Woolworths’ Everyday Rewards Card to access, use or interact with this Site and Content.
4.2 You must complete the customer registration process by linking your Everyday Rewards Card through this Site, the Woolworths site (www.woolworths.com.au) Woolworths’ app, or the Woolworths’ Everyday Rewards app before accessing, using or interacting with this Site. Registration is open to all Australian Residents aged 18 years and older. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing, using or interacting with this Site or the Content.
4.3. You may not have more than one active account linked to your Everyday Rewards Card, and your account is non-transferable. You may update, edit, remove the linking of your Everyday Rewards Card or terminate your account at any time through this Site.
4.4 By accessing this Site and the Content, you are also agreeing to be subject to the Everyday Rewards Terms & Conditions.
5. Disclaimer regarding accuracy and reliance on Content
5.1 We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through this Site, and we make no commitment to update such Content.
5.2 HealthyLife’s food database (“Food Database”) used in creating or developing the Content contains a combination of information prepared by Commonwealth Scientific and Industrial Research Organisation (“CSIRO”), your Everyday Rewards Card and/or HealthyLife . Please be advised that nutritional information in the Food Database has not been reviewed by persons with the expertise required to provide you with personalised, complete, accurate, or reliable information. HealthyLife does not:
(a) guarantee the accuracy, recency, completeness, or usefulness of any nutritional information or ingredients in the Food Database or the Content; or
(b) adopt, endorse or accept responsibility for the accuracy or reliability of any such nutritional information or the Content.
To the extent permitted by applicable law, under no circumstances will HealthyLife be responsible for any loss or damage resulting from your reliance on nutritional information or the Content. You are solely responsible for ensuring any nutritional information in the Food Database and the Content is accurate, complete and useful. Further, you acknowledge that there may be a time delay between using your Everyday Rewards Card and the Food Database and Content being updated and that the Food Database and Content may not provide a complete, accurate or reliable picture of your total food and beverage consumption or shopping habits.
5.3 In addition, any user-generated content on this Site or related to this Site, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, exercise and health database entries, are not produced by HealthyLife, and should not be relied on without independent verification. Such user-generated content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such user-generated content originated. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.
5.3 Any success stories posted by HealthyLife or HealthyLife members in the Content or connected with the Content may not represent typical or even accurate results obtained from any particular wellness, health or nutrition activity or diet. To the extent permitted by applicable law, HealthyLife has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any wellness or health activity or dietary recommendation contained in any user success stories.
6. Termination or amendment
6.1 Our Content is constantly evolving. With the launch of new Content, and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Content. We have no obligation to continue to provide or enable any particular features or functionality of any Content. We may also update the Content, which might not work properly if you don't install the updates (if any). The Content may change frequently, and their form and functionality may change without prior notice to you.
6.2 We reserve the right, in our sole discretion, to change, modify, add or remove portions of these healthylife Food Tracker terms & conditions at any time, and such modifications will be effective as soon as they are posted. For future access and/or use of this Site or the Content, these healthylife Food Tracker terms & conditions may therefore be different. We recommend that you read these healthylife Food Tracker terms & conditions carefully each time you agree to them when accessing and/or using the Site or the Content.
If we change these healthylife Food Tracker terms & conditions, we will notify you. If you do not accept the change, you should cancel your registration with us. If you continue to use this Site or Content following our notification of the change in healthylife Food Tracker terms & conditions, you will be deemed to have accepted the change.
6.3 You can opt-out and unsubscribe from the healthylife Food Tracker by logging into your healthylife Food Tracker, scrolling down to the bottom of the page, clicking on "Opt out of Food Tracker" and then following the prompts.
6.4 You understand and agree that to the maximum extent permitted by applicable law the withdrawal of your registration is your sole right and remedy with respect to any dispute with us including, any dispute related to, or arising out of:
(a) these healthylife Food Tracker terms & conditions (including our enforcement or application of these healthylife Food Tracker terms & conditions);
(b) any of our practices or policies, including our Privacy Policy, (and including our enforcement or application of these policies);
(c) the Content available through this Site including any change in content provided through this Site; and
(d) your ability to access and/or use this Site or the Content.
6.5 Upon withdrawal of your participation in healthylife Food Tracker, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, this Site (or part thereof).
7. Privacy and security
7.1 We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy. By agreeing to these healthylife Food Tracker terms & conditions, you also consent to the collection and use of your Personal Information in accordance with the Privacy Policy.
7.2 Depending on how you use the healthylife Food Tracker, we may obtain information from you about your household for example, the age and gender of other members of your household. By agreeing to these healthylife Food Tracker terms & conditions, you confirm that you have obtained the appropriate consents from the relevant members of your household to include this information in healthylife Food Tracker on their behalf.
8. Ownership of Materials
8.1 You:
(a) acknowledge that materials in the Site, including the software, design, text, graphics, video, photographs, images and other materials associated with healthylife Food Tracker and the Content (together, the “Materials”) are protected by copyright and/or other intellectual property rights, and are owned by or licensed to us;
(b) must not (nor allow or facilitate any third party to) modify, copy, adapt, store in a retrieval system, reproduce, sub-license upload, post, transmit, sell, distribute or otherwise commercially exploit in any way or communicate to the public any Material without our prior written consent; and
(c) must not frame or embed in another website any Materials without our prior written consent.
8.2. Unless otherwise specified, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use this Site (including the healthylife Food Tracker and the Content) for your personal and non-commercial use, subject to your compliance with these healthylife Food Tracker terms & conditions.
8.3. This Site contains trade marks which are protected by law. You must not (nor allow or facilitate any third party to) use any of the marks or trademarks appearing on this Site, or our name or the names of our related bodies corporate without our prior written consent. You must also not use any other company, product and services marks on this Site that are owned by other third parties without obtaining the relevant third party owner’s consent.
9. General
9.1 This Site and Content may contain links to external websites that are not operated by us or our related bodies corporate.These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites;
(b) we do not guarantee (i) the accuracy, recency, completeness, or usefulness of any of those
websites or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any content, products or service available through these websites;
(c) these links do not indicate, expressly or impliedly, that we endorse the site or the products, content or services that are provided at those websites;
(d) when you access or use the content, products or services on the websites made available through these links, HealthyLife is not responsible for or affiliated with the providers, and does not provide or control their content, products or services; and
(e) your access or use of the content, products or services on the websites made available through these links is solely at your own risk.
9.2. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
9.3 Any reference in these healthylife Food Tracker terms & conditions to “including” means “including but not limited to”.
9.4. This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.