HappyTummy Terms & Conditions
Introduction
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as “HappyTummy”, “we” or “us”). These Terms apply in full force and effect to your use of the HappyTummy website and by using HappyTummy you expressly accept all terms and conditions contained herein in full. You must not use HappyTummy if you have any objection to any of the HappyTummy Standard Terms And Conditions.
Subscriptions & Payment Terms
• Depending on the HappyTummy meal plan you have with us, the subscription term of weekly or monthly (every 4 weeks) is directly billed to your nominated card.
• At the end of each subscription period of weekly or monthly, the nominated card on file will automatically be billed for the new period, unless you cancel you subscription before your billing date.
• When subscribing to a meal plan service, you have committed to that term. Sorry but we cannot offer you a prorated refund.
• Upgrading or downgrading of your current subscription is simple. If you decide that you’d like to upgrade/downgrade from the current version you are on, simply go to the Subscriptions tab on the accounts page, and then to the far right of your Membership, click the ‘Change Plan’ link.
• To cancel your automatically recurring subscription, simply go to the Subscriptions tab on the account page and click the ‘cancel’ link to your subscription. The subscription will stay active for the remainder of your current billing period.
• To repurchase your subscription after cancelling is simple. If you have just cancelled your subscription you must first wait for the remainder of that billing period to run out. Next go to the account page > Subscriptions Tab and click the option that says, ‘Subscribe’. This will take you to the registration page for the subscription.
Intellectual Property Rights
Other than content you own, which you may have opted to include on HappyTummy under these Terms, HappyTummy and/or its licensors own all rights to the intellectual property and material contained in the HappyTummy website, and all such rights are reserved (unless otherwise stated).
You are granted a limited licence only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this website.
All content included as part of the Service, such as text (name and tagline included), graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of HappyTummy or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. The content of HappyTummy is not to be copied, replicated or distributed in any form without consent from the owners of HappyTummy. The site contents may be printed for the users own personal use.
Restrictions
You are expressly and emphatically restricted from all of the following:
a) Using the HappyTummy website in any way that is, or may be, damaging to HappyTummy.
b) Using the HappyTummy website in any way that impacts user access to the HappyTummy website.
c) Using the HappyTummy website contrary to applicable laws and regulations or in a way that causes, or may cause, harm to HappyTummy or to any person or business entity.
d) Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the HappyTummy website, or while using the HappyTummy website.
e) Using the HappyTummy website to engage in any advertising or marketing.
It is a condition of your use of HappyTummy and any resources from HappyTummy, that all the information you provide on HappyTummy is correct, current, and complete. Certain areas of the HappyTummy website are restricted from access by you and HappyTummy may further restrict access by you to any areas of this website, at any time, in its sole and absolute discretion. Any user ID and password you may have for HappyTummy are confidential and you must maintain the confidentiality of such information.
We have the right to disable any user, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
No warranties
This Website is provided “as is,” with all faults, and HappyTummy makes no express or implied representations or warranties, of any kind related to this website or the materials contained on HappyTummy. Additionally, nothing contained on HappyTummy shall be construed as providing consult or advice to you. Our meal plans aim to provide safe recipes for those with gluten and dairy intolerances, but we are not registered dieticians or health professionals. Nothing contained in our website should be construed as health advice or diagnosis. If you are concerned about your health, please consult with your doctor or a registered dietician.
Limitation of liability
We have done our best to ensure that the information provided on HappyTummy and the resources available are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither HappyTummy nor any of its owners or employees shall be held liable or responsible for any errors or omissions on HappyTummy or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using HappyTummy, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on HappyTummy or the resources available from HappyTummy. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on HappyTummy. HappyTummy takes no responsibility for any illness or discomfort created by undercooking, unsafe food handling practices or using ‘unsafe’ ingredients.
You agree that HappyTummy has not made any guarantees about the results of taking any action, whether recommended on this Website or not. HappyTummy provides educational and informational resources that are only intended to help users of this Website succeed.
Cook times are based on the results of recipe tests conducted in our kitchen, ‘Prep to Plate’ times are indicative only, and individual cook times may vary. You also recognize that prior results do not guarantee a similar outcome, thus, the results obtained by others applying the principles set out in HappyTummy, are no guarantee that you or any other person or entity will be able to obtain similar results.
1. 6. Indemnification.
You hereby indemnify to the fullest extent the HappyTummy website from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Variation of Terms
HappyTummy is permitted to revise these Terms at any time as it sees fit, all changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of HappyTummy following the posting of revised Terms of Use means that you accept and agree to the changes, and by using HappyTummy you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this website.
Assignment
HappyTummy shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between HappyTummy and you in relation to your use of this website and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the land, New Zealand, and you submit to the non-exclusive jurisdiction of the courts located in New Zealand for the resolution of any disputes.