Terms & Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.

These Terms and Conditions of Use (the “Terms”) describe the nature of this website or any affiliate website which links to these Terms (the “Website”) and the terms on which you may use it. BY USING THIS WEBSITE OR ANY INFORMATION PROVIDED ON THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.  The Healthy Mommy reserves the right, in its sole discretion, to change, add or remove any portion of these Terms at any time by posting new Terms on this Website. You should check these Terms periodically for changes. YOUR USE FOLLOWING POSTED CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY CHANGES, PLEASE DO NOT USE THIS WEBSITE.

Unless we indicate otherwise, these Terms apply to your use of the website which is owned by the Healthy Mummy Pty. Ltd. (“THM”) and our affiliates (collectively, “we,” “us,” or “our”), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our “Website”). For purposes of these Terms, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with THM.  By using this Website, you agree to be legally bound and to abide by these Terms, just as if you had signed this agreement. If you do not comply with these Terms at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (I) restricting the time the Website is available, (II) restricting the amount of use permitted, and (III) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be made without prior notice. If you do not abide by the provisions of these Terms, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website.

Promotions

Please note that no coupons or codes will work on already discounted items.

When sitewide promotions are referenced both on-site and in communication from The Healthy Mommy, please note that these offers exclude sale products, pre-orders, Subscription products. Free shipping applies to Australian orders only.

We offer various promotions from time to time. Coupons or discount codes can only be used one time on a single purchase.

In the event that there is a mistake or error on a promotion advertised, we will let you know as soon as practicable and correct the promotion on display.

Subscription

This Website provides access to a number of services, products and materials, offered by us and third parties that may be available to users, including but not limited to membership in our programs (“Subscription” or “Membership”), recipes, fitness plans and periodic newsletter.

Cancelling your Subscription

If you wish to cancel your Subscription OR put it on hold OR switch to a different Subscription plan, please go directly to your Manage My Membership page where you can do this for certain products (EXCLUDING LIFETIME MEMBERSHIP).

You will be able to cancel your Subscription at any point but no refund on payment will be given.  Your Subscription benefits will continue until your existing paid term expires, at which point your Subscription benefits will be terminated.

Lifetime Offer Membership

The Healthy Mommy Lifetime Offer Membership is a one-time payment with NO RENEWALS.  We offer a Healthy Mommy payment plan for the Lifetime Offer Membership.

  • As part the Lifetime Offer Membership purchase you have access to The Healthy Mommy App.
  • Definition of “Lifetime” means the lifetime of The Healthy Mommy Business.
  • This product cannot be cancelled, and we do not offer any refunds.
  • If you have any technical issues accessing the app please head over to this link.

Subscription Details

Subscription payments are made either every week, every month, every quarter, every 6 months, annually or bi-annually from the date you subscribe and depending on the Subscription payment option selected. Cancellations to Subscriptions can be made 2 days prior to payment due date.  If you wish to cancel your Subscription OR put it on hold OR switch to a different rate – please go directly to your Manage My Membership page where you can do this (excludes Lifetime Membership).

If you, or a user on whose behalf you register, breach these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further, you acknowledge that The Healthy Mommy is entitled to suspend or terminate your use of the Website or Subscription at any time if The Healthy Mommy considers that you have brought, or may bring, the reputation of The Healthy Mommy or its members into disrepute.

No claims are made as to how much weight you can lose using this Website or the through Subscription. Your results will vary from any examples given. Your total weight loss will depend upon your circumstances, the amount of calories that you consume on a daily basis, your determination, your activity level, and the duration of your efforts to lose weight.

Subscription Fees

During the period in which you have paid for access to our information service through this Website, if the information service is not available for a period lasting more than 3 days a pro-rata refund may be granted upon written request by contacting us here.

All fees are non-cancellable, non-transferable and non-refundable except as expressly set out in these terms and conditions. This non-refundable policy applies irrespective if your personal circumstances change after you have joined the challenge or if you have chosen not to access the challenge during the challenge period.

Registration and Passwords

To access certain features of the Website, we may ask you to provide personally identifiable information such as your name, e-mail address, ZIP code, and date of birth. You will provide true, accurate, current, and complete information about yourself for any registration form located on the Website. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse all current or future use of the Website. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of the Privacy Policy.  You may need a username and password to use certain features of the Website. By registering on the Website, you agree that you will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

Email Newsletter Support

When you become a member we will send you email support newsletters which you have the option to opt out of at any time.

You also will receive these support & offer newsletters when you request the free recipe sampler emails which you have the option to opt out of at any time.

Intellectual Property

All content, names, logos and trademarks on this Website are the property of The Healthy Mummy Pty Ltd, Australia. Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, noncommercial use.

You acknowledge that this Website contains recipes, fitness plans, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content.

You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

Modification of the Content or use of the Content for any other purpose, including, but not limited to, distributing, copying or reproducing recipes and exercise plans are strictly prohibited and will result in legal action being taken.

Customer Service Policy

The Healthy Mommy is committed to providing exceptional customer service and quality products.

Parental or Guardian Permission

Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE.

Jurisdiction; Governing Law

These Terms of Use and our Privacy Policy shall be governed and interpreted in accordance with the laws of New York without application to any choice of law rules.  The exclusive jurisdiction and venue for any action under these Terms and/or Privacy Policy shall be in the state and federal courts in the county and state of New York. You agree to accept the personal jurisdiction of such courts and waive any claim that such courts do not have jurisdiction over such dispute or that venue in such courts is not appropriate or convenient. THM will be entitled to recover court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any violation of any term of these Terms of Use. YOU IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND/OR OUR PRIVACY POLICY OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Privacy Policy

You may provide certain information to us while using this Website. Our use of this information will be governed by our Privacy Policy.

Medical Disclaimer

The Website is provided for your convenience. This Website is not intended for use by minors or individuals with any type of health condition.  Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.

You should not rely on information provided on this Website as a substitute for professional medical advice, diagnosis, or treatment and nothing on this Website creates a physician-patient relationship. Do not disregard, avoid or delay obtaining medical advice or seeking emergency care.

The Website and the features, functionalities, services and content made available therein, including without limitation any advice, information, workouts, exercises, meal plans, nutritional plans, recipes or other materials (collectively, the “Programs”), are provided for general informational purposes only, and do not constitute medical advice. The Programs are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. We advise you to see your physician on a regular basis and to seek their advice prior to engaging in any fitness or nutrition plan or if you have any questions or concerns regarding your health and fitness plan or for the diagnosis of specific medical conditions.

WE RECOMMEND TALKING TO YOU DOCTOR BEFORE STARTING ANY PROGRAM, ESPECIALLY IF YOU HAVE RECENTLY GIVEN BIRTH, HAD A C-SECTION, OR ARE BREASTFEEDING.

THM is not liable or responsible for any consequences of you having read, used or relied upon any Program. By using any Program, you acknowledge and understand that it may involve or provide information regarding strength, flexibility, aerobic, cardio or other exercises, all of which can be potentially hazardous activities. You should consult with your doctor prior to using any Program. If you choose to use any Programs, you should be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of using such Programs, and you hereby assume all risks associated with using such Programs. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING ANY PROGRAMS, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.

Disclaimers of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER THM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.  THM MAKES REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR PROGRAMS ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, hold harmless and, at our option, defend THM and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

 

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