healthylife Terms & Conditions
1.1 This HealthyLife site at www.healthylife.com.au or shop.healthylife.com.au, (as applicable) ("Site") is a
shopping website where you can browse, select and order products advertised on the Site from HealthyLife Company Pty Limited (ABN 95 647 137 111) ("HealthyLife, “HealthyLife Online", "us" or "we"), part of Woolworths Group Limited (ABN 000 914 675) (“Woolworths”).
1.2. Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
1.3. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
2. Your agreement to the terms and conditions
2.1. By accessing and using the Site, including placing orders of Products through the Site, you agree that you will be subject to and will comply with these terms and conditions.
3.1. You must complete the customer registration process through the Site before placing an Order for Products through the Site.
3.2. You may not have more than one active account linked to your email address, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.
3.3. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
3.4. To collect Everyday Rewards points, you will need to create an online account at healthylife.com.au and link your registered Everyday Rewards account. Exclusions for Everyday Rewards points are: gift cards, delivery charges and any services or subscriptions where payment is not taken on healthylife.com.au
4. Privacy and Commercial Electronic Messages
4.2. You agree that we may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, phone and mail) where you have not opted out (as described below) from receiving such electronic messages sent to you by HealthyLife via those channels or media. Your agreement to receive commercial electronic messages from us will be effective until you opt out.
4.4. Opting out of receiving commercial electronic messages from HealthyLife will not withdraw your consent to receive messages from other Woolworths brands. Any consent you have provided to receive commercial electronic messages from other Woolworths brands are governed under separate terms and conditions that apply to those other Woolworths brands. If you would like to opt out of other Woolworths brands, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions.
5. Placing an Order for Products
5.1. You may order Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.
5.2. Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order.
5.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.
5.4. You agree to provide us with current, complete and accurate details when asked to do so by the Site.
6. Acceptance or rejection of an Order
6.1. We reserve the right to accept or reject your Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or an error in your Order.
6.2. Each Order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will supply the Products in that Order to you in accordance with these terms and conditions.
6.3. If we reject an Order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.
7. Minimum and maximum amounts in each Order
7.1. Unless otherwise indicated on the Site you may only obtain up to 10 items of a particular Product in each Order (there may be lower limits for particular Products or particular States or Territories as determined by us, and notified to you, from time to time). We will inform you of these limits on the Site when you place the Order or within a reasonable time after you submit your Order).
7.2. You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the Order or within a reasonable time after you submit your Order.
7.3. If we reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such Orders may be cancelled by us without notice to you.
8. Delivery of Products
8.1. We will only deliver Products ordered through the Site to a location where we provide delivery services. We endeavour to deliver your Order within one package, however you may receive your Order in multiple packages.
8.2. You may obtain further information on the Site about our delivery timeframes and how we deliver your Products. Although we endeavour to deliver the Products within the timeframe provided at the time of your Order these timeframes are indicative only. Delivery times may be delayed due to traffic or other unforeseen circumstances and HealthyLife will not provide any refund or discount on your Order or Delivery Fee for late deliveries.
8.3. If you are not home at the time our courier attempts delivery, we will leave the item at your address (only if it is safe to do so), otherwise we will leave a card in your mailbox, advising you to collect your parcel from the closest Post Office.
8.4. If you are present at the Delivery Address, we will deliver the Products to the front door at the relevant Delivery Address unless you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so. You agree that we will not be responsible for any loss or damage caused to your property or suffered by you in connection with our delivery of the Products to the Delivery Address. We ship small items via standard Australia Post letter delivery.
8.5. You agree to comply with certain delivery requirements specified below and such other requirements that we notify to you when you place your Order through the Site.
8.6. You acknowledge and agree that any person at the Delivery Address who receives the Order is authorised by you to receive your Order.
9. Fraud and risk assessment
9.1. We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order. If you are unsure whether the person contacting you is from HealthyLife, please contact our Customer Care team at firstname.lastname@example.org.
10. Risk and title
10.1. Where Products are delivered by us, risk in the Products passes to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address).
10.2. Title to the Products passes to you on the later of the date and time of:
(a) payment for those Products; and
(b) delivery of those Products to the Delivery Address (including unattended deliveries at the Delivery Address).
11. Cancelling an Order
11.1. We may cancel any Order or part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the requested Products in that Order are not available; or
(b) there is an error in the price or the product description posted on the Site in relation to the relevant Product in that Order; or
(c) that Order has been placed in breach of these terms and conditions.
11.2. If we cancel an Order in accordance with:
(a) clause 11.1(a) or 11(b) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any Delivery Fee or other fees and charges, will be refunded to your original payment method or through an alternative means.
(b) if your Order is cancelled under clause 11.1(c), or where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation. If your Order is cancelled before the day of delivery or collection, depending on the payment method used, we will either not charge you, or if we have taken payment for the Order at the checkout then we will refund the full amount paid, including any Delivery Fee and other fees and charges, to your original payment method or through an alternative means.
11.3. If you wish to cancel your Order, please contact our Customer Care team to find the status of your order. If your order has already been dispatched from our warehouse we are not able to cancel it or make any changes. However, if you still don’t want the goods upon delivery and wish to return them, please refer to our Returns Policy.
11.4. cancel an Order, depending on the payment method used, we will either not charge you for that Order, or if we have taken payment at checkout, refund the full payment amount paid, including any Delivery Fee and other fees and charges, to your original payment method or through an alternative means.
11.5. If you amend an existing Order, then:
(a) your original Order will be cancelled and items will be placed into your trolley for amending and resubmitting through the checkout;
(b) you will need to select a new delivery pick up date in respect of your amended Order;
(c) all prices for Products in your amended Order will update to the current website prices at the time you submit your amended Order and previous pricing in your original Order will not apply;
(d) any offers or coupons applied or used when you placed your original Order will not be applied to your amended Order and cannot be used for future Orders;
(e) subject to below clause 11.5(h), if we only pre-authorised payment for your original Order at checkout and the amount payable for your amended Order is more than the amount pre-authorised, your original pre-authorisation will remain and we will either charge you the additional amount or separately pre-authorise the additional amount owing at the time of your amended Order depending on the payment method used for the amended Order;
(f) if you were charged for your Order at the checkout and the the amount payable in respect of your amended Order is less that the amount you have paid in respect of your original Order, we will refund the difference back to your original payment method or alternative means within 3-5 Business days of the amended Order being placed;
(g) if you were charged for your Order at the checkout and the amount payable in respect of your amended Order is more than the amount paid in respect of your original Order, we will either pre-authorise payment or charge you the additional amount at the time you amend your Order, depending on the payment method used; and
(h) if you amend your Order so that delivery is scheduled to occur 7 days after the date of your original Order and we only pre-authorised payment for your original Order, we may ask to take payment for your amended Order at the time you confirm your amended Order and will provide you with a refund for any out of stock items or weight ranged products supplied below the maximum weight once we pick your amended Order.
12. Fees and charges
12.1. We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
(a) the purchase price of each Product that is ordered;
(b) the delivery fee provided to you when placing your Order;
(c) the cancellation fee for an Order that is cancelled as set out in clause 11; and
(d) any other fees and charges set out in these terms and conditions.
12.2. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
12.3. The purchase price of each Product is shown on the product list on the Site at the time you place your Order.
12.4. You acknowledge that we are not required or obliged to match any prices for any Products.
12.5. Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your Order, we will not change any prices that apply to the Products in that Order.
13. Payment methods
13.1. You must pay the fees and charges online using the online payment methods in clause 13.2.
13.2. We accept the following payment methods:
(i) Visa and Visa Debit;
(ii) MasterCard and MasterCard Debit;
(iii) American Express;
13.3. If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of dishonour and cancel your Order.
13.4. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
14. Substitution or missing items in delivery
14.1. You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.
14.2. If there are items missing from your delivery, please contact our Customer Care team during Contact Hours and we will take steps to verify and confirm any such missing items.
15.1. The HealthyLife Returns Policy applies to all purchases of Products using the Site and forms part of these terms and conditions.
15.2. A copy of the HealthyLife Returns Policy is available here.
15.3. The HealthyLife Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law. Our liability to you under this agreement is otherwise limited as set out in clause 20 below.
16. Your general obligations
(a) must ensure that your email address and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
(b) must notify us through Customer Service at email@example.com during Contact Hours if you are or become aware that there is or has been an unauthorised use of your email address and password or account, or any other security breach relating to your account;
(c) must promptly advise us of any changes to your information provided to us as part of the customer registration process;
(d) are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
(e) are responsible and liable for any person that uses your email address and password to order Product(s) through the Site;
(f) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your email address and password through the Site; and
(g) should check the labels on the Products before consumption or use.
17. General restrictions
You must not:
(a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
(c) make fraudulent or speculative enquiries, purchases or requests through the Site;
(d) use another person’s details without their permission or impersonate another person when using the Site;
(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f) tamper with or hinder the operation of the Site;
(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(i) modify, adapt, translate or reverse engineer any portion of the Site;
(j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
(k) reformat or frame any portion of the web pages that are part of the Site;
(l) create accounts by automated means or under false or fraudulent pretences;
(m) use the Site to violate the security of any computer or other network or engage in illegal conduct;
(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o) use the Site other than in accordance with these terms and conditions; or
(p) attempt any of the above acts or engage or permit another person to do any of the above acts.
18. Suspension of account
18.1. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner. HealthyLife also reserves the right to otherwise cancel Orders in accordance with clause 11.
18.2. If we lock, suspend or delete your account under clause 18.1, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.
You warrant that:
(a) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us.
20.1. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
20.2. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or HealthyLife’s liabilities under those provisions:
(a) you acknowledge that each Site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
(c) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
20.3. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
21.1. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied;
(b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
21.2. You may stop using the Site at any time and for any reason.
21.3. We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
22. Intellectual property rights
(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
22.2. You may:
(a) store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
22.3. This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
23. Changes to these terms and conditions
23.1. We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.
23.2. If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.
24.1. The Site 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; and
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
You agree that you access and use the products and services made available at those sites solely at your own risk.
24.2. 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.
24.3. 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.
24.4. HealthyLife attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.
Capitalised terms used are defined in these terms and conditions. In these terms:
Contact Hours means our Customer Care operating hours, Monday to Friday 9 am to 5 pm Australian Eastern Standard Time.
Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.In the case of delivery to a remote area via a courier, Delivery Address means the address of the courier or postal outlet to which we deliver the Products.
Delivery Fee has the meaning given in clause 12.1(b).
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
Order means any order for a Product or Products submitted using the Site..
Product means each good or service that is advertised on the Site.