1. YOUR ACCEPTANCE
Users of our Service must be 18 years of age or older, at a minimum you must be over the age of 13 with a parent’s permission to use our App and Services. Users must be 18 years or older to purchase any of our products or Services.
2. REQUIREMENT TO OBTAIN PROFESSIONAL MEDICAL ADVICE
All content on our App is for informational and educational purposes only.
Any statements appearing on our App or in our Services have not been evaluated by any other national or international agencies.
None of the content or products offered on our App are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.
The products and content found on the App are not intended as a substitute for the advice provided by your doctor or other healthcare professional.
You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Services.
If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition or are pregnant or breast-feeding, you should contact your health care provider before using our Services.
Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our App.
You should be in good health and physically fit when using our product or Service, failure to be in good health may result in adverse health consequences.
Please seek medical advice in regards to your health conditions and physical fitness.
If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
3. FEES AND CHARGES
Our App is available for free download from the iTunes Store and the Google Play Store. All payments made through www.30acres.jessicasepel.com/app are managed by a third party payment gateway, Stripe (www.stripe.com). All card information is handled over SSL encryption.
Price: AUD $14.99 / Month
Billing Frequency: Monthly
Billing Method: Stripe
Price: AUD $119.99 / 12 Month
Billing Frequency: Yearly
Billing Method: Stripe
We may offer introductory promotional pricing from time to time. Introductory promotional pricing is only available to New Subscribers. If you have used a trial or introductory promotional pricing with JSHealth earlier, you are not eligible to get similar offer again.
Monthly subscription users are billed per month. Yearly subscriptions are billed the total annual fee from purchase date. Subscriptions renew automatically unless cancelled at least 24 hours prior to the end of the subscription period. There is no increase in price when renewing (unless there was benefit of introductory promotional price provided). Subscriptions can be managed by emailing firstname.lastname@example.org. Once purchased, refunds will not be provided for any unused portion of the term.
4. OUR RELIANCE ON YOUR ACCURACY OF INFORMATION
You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our App. Our Services may not be suitable to your particular circumstances.
You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.
You warrant the truth, accuracy, currency and completeness of any information you provide us.
5. NUTRITIONAL INFORMATION
Nutritional information provided on our App is based on extensive research. Before relying on any nutritional information on our App, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
Nutrient data published on our App or through our Services may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, imputed from similar foods, or calculated using a recipe approach.
6. FITNESS LEVEL
Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our App. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.
You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our App, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”). You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.
Please be aware that any testimonials on the App may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
8. PERSONAL INFORMATION
You warrant the personal information and health information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.
9. USER ACCOUNTS
We may assign you a username/password and account information in order to enable you to access and use certain areas of our App or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorized to access and use our App in a manner consistent with this Agreement. We have no obligation to investigate the authorization or source of any such access or use of our App.
You are solely responsible for protecting the security and confidentiality of your Login and for all activities on our App using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our App through such access or use of your Login.
You must immediately notify us of any unauthorized use of your Login or any other breach or threatened breach of our App’s security you may be aware of.
The prices for Services provided under this Agreement will be as set out on our App at the time you apply for the Services. All prices are in Australian Dollars unless otherwise stated. Prices are inclusive of GST, and you agree that we may charge you GST as set out in the A New Tax System (Goods and Services Tax) Act 1999 (GST Act). If you have any issues with payment do not hesitate to contact us at email@example.com
All Services (including any goods) available from our App are subject to consumer protections under the Australian Consumer Law.
- All payments made through Stripe are controlled and managed by Stripe.
- Payments will be charged to your card at confirmation of purchase.
- Subscriptions renew automatically unless cancelled at least 24 hours prior to the end of the subscription period.
- Your Account will be charged for renewal within 24-hours before the end of the current period, with the cost of renewal identified.
- Any unused portion of a subscription will be forfeited if you purchase a subscription to a Package, where applicable.
- Subscriptions can be managed by emailing firstname.lastname@example.org.
11. REFUNDS AND CANCELLATIONS
As the App is a digital product, it is deemed “used” after downloading or opening. Therefore, we unfortunately have a strict no refund policy with any product dissatisfaction. Please email email@example.com for any further queries, or to see how we can help with any issues. In addition to this, your rights to refund or replacement (if applicable) are as prescribed under the Australian Consumer Law.
In the event of any defect with the Services (including any products) that you have purchased on or through our App, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Services (including any products) in question (where applicable), or refund to the value of those Services (or goods). If you believe any of the Services including any products purchased on or through our App contain a defect, you must notify us immediately by emailing us at firstname.lastname@example.org
12. CONTACT INFORMATION
If you have any questions or concerns about your Subscription or if you have any questions about our products do not hesitate to contact us via the contact screen in the App. You may contact us by email at email@example.com
13. SPECIFIC WARNINGS
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our App; or
commercialise any information, products or services obtained from any part of our App, without our written permission.
All trademarks appearing on our App belong to their respective owners.
JSHealth reserves all rights not expressly granted in and to the Service and the App. You agree to not engage in the use, copying, or distribution of anything contained within the App or Service unless we have given express written permission.
By uploading, transmitting, posting or otherwise making available any material via the App and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).
15. OUR LICENCE GRANT TO YOU
We make our Services available to you through our App. When you use our Services, we grant you a personal, non-exclusive, revocable, limited licence to use our Services and access our App. This means you may not resell our Services anywhere else, share your licence to use our Services with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.
16. USE OF OUR APP: RESTRICTED USE
You will not copy, distribute or disclose any part of the App or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the App or Service;
You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You will not collect or harvest any personally identifiable information, including account names, from the Service;
You will not stalk, harass, bully or harm another individual who uses our App or Service;
You will not upload, post, transmit or otherwise make available any material that:
is not your original work, or which may infringe the intellectual property or other rights of another person;
is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
includes an image or personal information of another person unless you have their consent;
you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
contains large amounts of untargeted, unwanted or repetitive content; or
contains financial, legal, medical or other professional advice.
You will not impersonate any person or entity or misrepresent your affiliation with a person or entity;
You will not hold JSHealth responsible for your use of our App;
You will not violate any requirements, procedures, policies or regulations of networks connected to JSHealth;
You will not interfere with or disrupt the App or Service;
You will not hack, spam or phish us or other users;
You will provide truthful and accurate content;
You will not violate any law or regulation and you are responsible for such violations;
You will not use our App to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
You will not cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our App, including the de-indexing or de-caching of any portion of our App from a thirty party’s App, such as by requesting its removal from a search engine;
You will not upload any content to our App that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
If you believe that a user has breached any of the above conditions, please contact us at firstname.lastname@example.org.
We reserve the right to refuse service, block or suspend any user of the App, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the App by any user, without prior notice.
We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the App by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
17. LINKED / THIRD PARTY SITES
Our App may contain links to Third Party Sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Third Party Sites. Our links with Third Party Sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Third Party Sites, or of any information, graphics, materials, products or services referred to or contained on those Third Party Sites (“Third Party Content”), unless and to the extent stipulated to the contrary.
18. MODIFICATION OF SERVICE
We reserve the right to alter, update, or remove our App at any time. We may conduct such modifications to our App for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the App for security, legal or other purposes.
We do not guarantee that the App will always be available, work, or be accessible at any particular time. Only users who are eligible to use our App or Service may do so. We reserve the right to terminate access for anyone.
To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web App. Except for the purposes of any “consumer guarantees” as defined by the Australian Consumer Law, we hereby expressly disclaim all liability our service, for product defects or failures, claims that are due to your use of our Services or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
By accessing our App, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this App or by any Third Party Content or Third Party Site. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with our App are hereby excluded. By accessing our App, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to our App.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our App is contingent on your agreement with this and all other sections of this agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our App, products, and service within the last six months, whichever is greater.
You agree to defend, indemnify and hold harmless JSHealth Products Pty Ltd its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to the JSHealth App and Service;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that any of your content caused damage to a third party.
This defence and indemnification obligation will survive this Agreement and your use of the JSHealth Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
21. SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
22. TERMINATION OF ACCESS
Access to our App may be terminated at any time by us without notice. Our disclaimer and the indemnity provided by you will nevertheless survive any such termination.
If we terminate service, you must cease using our App and pay to us all outstanding amounts owed. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our App and Service and may terminate our App and Service at any time and for any reason.
23. PRIVACY AND CHILD PROTECTION
We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the Health Records and Information Privacy Act 2002 (NSW) (“HRIP Act”) and the applicable Health Privacy Principles in the HRIP Act when handling personal information which is health information.
JSHealth complies with all Australian Child Protection legislation to the extent applicable.
24. CHOICE OF LAW
This Agreement shall be governed by the laws in force in the state of New South Wales, Australia. The offer and acceptance of this contract is deemed to have occurred in New South Wales, Australia.
25. FORUM OF DISPUTE
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of New South Wales, Australia.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
26. FORCE MAJEURE
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, failure of host servers or ISPs, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our App and our Service.
31. ELECTRONIC COMMUNICATIONS
We use electronic means of communication, whether you visit the App or Service or send use-mails, or whether we posts notices on the App or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.
No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.
The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.