Terms of Use – happihealth.com.au

This website is owned and operated by Bega Cheese Limited (ABN 81 008 358 503), an Australian company (“Bega”, “we” and “us”).  These Terms of Use, which include all our terms, conditions and Privacy Policy set out or otherwise referenced on this website (“Terms”) cover your access to and use of this website (“Website”) and the services, including the provision of information about Happi products, available through this Website (“Services”).  Happi is a trade mark owned by Bega.

Your use of or access to the Website or the Services is deemed to be your acceptance of these Terms.  If you do not agree to the Terms, you must not access or use this Website or the Services.

Content on the Website

The information contained in this Website has been compiled in good faith and Bega will seek to ensure that all information is accurate at the time of inclusion. However, Bega cannot guarantee the accuracy, adequacy or reliability of the material on this Website. The information contained in this Website and provided through the Services may include inadvertent and occasional errors and is provided “as is.”

Your use of this Website and our Services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading, use of, access to or reliance on any content available on or through this Website or the Services.

The materials contained in this Website are subject to change without notice, and accordingly may not be current at the time this Website is accessed.

Content you post or submit
Users are able to post public comments and reviews (“Postings”) on the Website, which are not confidential. The Postings may not post comments or reviews that breach the Terms, and we reserve the right to delete any Postings and block your access to the Website for breaching the Terms. You retain copyright in any Postings, however you grant us the right to use, copy display, distribute, adapt, edit, translate and promote any Postings in any form or medium we choose, and to use and display your name to Postings if we choose.

We have no obligation to screen Postings, and Postings are not reviewed verified or endorsed by us.

Information on this Website is not medical advice
This site offers health, parenting and nutritional information for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. If you have any concerns or questions about your health, you should always consult with your doctor or other professionally qualified health practitioner. The use of any information provided on this site is solely at your own risk. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medical or counselling care. Developments in medical research may impact the health and nutritional information that appears on this Website. No assurance can be given that the information contained on this Website will always include the most recent findings or developments with respect to the particular material. Your access or use of this site does not create in any way a practitioner/patient, confidential or privileged relationship, or any other relationship that would give rise to any duties on our part of the part of our contributors. We do not recommend or endorse any specific tests, health-care professionals, procedures, opinions or other information that may appear on this Website.

Liability disclaimer

Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in any applicable law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement, Bega, its associated companies, suppliers, software suppliers, advertisers, content providers and any other party involved in creating, producing or developing this Website or providing the Services exclude, to the maximum extent permitted by applicable law, all liability whatsoever that may arise as a result of:

  • your use of any of the Services or the Website and the information contained in it, including any reliance on such information, whether directly or indirectly; and
  • any loss or damage caused by a breach of your computer’s security or the transmission of any computer virus by reason of your use of the Services or use of, access to, or downloading of any material from this Website.

Where liability cannot be excluded, any liability incurred by us is, to the extent permitted by applicable law, limited as provided and as per our option under section 64A of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (ACL).

To the maximum extent permitted by applicable law, all warranties in respect of the Services, this Website and the information contained in it (including the content of or use of this Website, the security of your computer in accessing this Website, computer viruses, the availability, uptime and security of this Website and the integrity of data accessed through this Website) are excluded and you have no other rights, apart from those expressly set out in these Terms.

Subject to the above paragraphs and despite any implication arising from any other provisions of these Terms, we are not, and will not be, liable to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any direct or indirect loss, costs or damages that you incur or are liable for in connection with your use of this Website or the Services.

Restriction on your use of material in our Website

As between you and Bega, Bega owns all copyright in the contents of this Website (including all layouts, applets, text and graphic images, audio clips in this Website). You may access and display these pages on a computer or a monitor, and print out for your personal use any whole page or pages in this Website. All other use, copying, adapting or reproduction of any part of this Website is prohibited.

Without limiting the foregoing, no part of this Website may be reproduced on any other website, and you are not authorised to redistribute or sell the material or to reverse engineer, disassemble, or otherwise convert it to any other form that people can use. You are also prohibited from linking the Website to another website in a manner which represents, suggests or implies that we endorse or support, or that we or Happi is in any way associated with or related to, that other website or the owner or operator of that other website or its contents in any way whatsoever.

If you submit material to us

Any personal details sent to or other personal information collected by this Website or relating to your use of this Website are subject to our Privacy Policy (including our cookies policy). All other information you communicate to Bega through the Internet (including any remarks, suggestions, ideas, graphics or any other material) becomes and will remain our exclusive property and you grant us ownership and unrestricted rights to use such material (including, but not limited to, product or advertising ideas), without compensating you or anyone else for them. You will also provide us with any consents or other permission which we may need to use the material. This means that we do not have to treat any such information or material as confidential and we do not need a licence from you to use it; you cannot sue us for using the information, ideas or other material you submit to us (including, but not limited to, product or advertising ideas); and if we can use them, or anything like them, we do not have to pay you or anyone else for them.

You acknowledge that you have full responsibility for any submissions or communications you make to this Website, including its legality, reliability, appropriateness, originality and copyright. Further, you warrant that you are the owner or author of any material and you are not breaching any third party rights (including confidentiality and intellectual property rights) in your communications with us.

You also acknowledge that Bega undertakes extensive research and development into new products and business opportunities. By submitting material to this Website, you acknowledge that you have no claim against Bega regarding any of its current or future products and materials which appear to be, and which are, based on any material that you have submitted.

Your liability

You agree to defend, indemnify and hold harmless Bega and its respective officers, employees, agents and representatives from all claims, losses, costs and expenses (including without limitation legal fees) arising out of:

  • any breach by you of the Terms; or
  • any allegation that any user content that you make available or create through this Website infringes the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

Availability

We may suspend the manufacture of any products displayed on the Website, at any time, either temporarily or permanently. We will not be liable to you or to any third party for any loss suffered as a result of suspending the manufacture of any products displayed on the Website.

Consumer Guarantees

Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to:

  • a replacement or refund for a major failure against us as a manufacturer, but only for breach of certain consumer guarantees;  and 
  • compensation for any other reasonably foreseeable loss or damage.

We will require satisfactory proof of purchase and evidence of the defect in the products before providing a remedy under the Australian Consumer Law.

Recalls

In the unlikely event that any products are subject to a product recall, we will post a notice to the Website. You can return any products subject to such a notice to us in accordance with the instructions in the recall notice.

If there is a product recall, you consent to us contacting you or the recipient of the relevant products by email, SMS, MMS, telephone or post with respect to the recall.

Website, online store and your privacy

Our privacy policy, which forms part of these Terms is available at happihealth.com.au This provides further information on how we collect, use, hold and disclose personal information, how to request access to and correction of your personal information, how to complain if you believe we have mishandled your personal information and how we will handle your complaint.

When you access third party sites through the Website, any personal information that you provide to them will be subject to their privacy policies. We are not liable for any loss suffered by you or any other person due to personal information provided by you to such third parties.

Jurisdiction

The information on our sites is presented to provide information about Bega, its associated companies and their products. We do not imply that the information on the sites is appropriate or available for use outside Australia.

These Terms of Use are governed by the law of Victoria, Australia.

Links to other websites

This Website may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. Bega is not responsible for the content or privacy practices associated with Linked Websites. Bega’s links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.

Bega Viewing Performance

Viewing and using the Website is optimised by using the latest Microsoft Edge or Internet Explorer, Google Chrome or Firefox, with Javascript activated. Please visit www.microsoft.com, www.google.com or www.mozilla.org to obtain information about downloading the latest versions of those browsers. Some other browsers may also be compatible.

Cookies Policy

This Website requires the acceptance of certain “cookies”. A cookie is a piece of text sent from a web server to your computer, and is used to identify you only by a random number.  This information does not personally identify you, but it does tell us that your computer has visited our site and what areas of the site have been browsed.  Please ensure that your browser preferences allow the acceptance of cookies. This will allow you to fully utilise the functionality of this Website. You can also decline the use of particular cookies by adjusting the “accept cookies” setting in your browser, however this may affect the functionality of this Website.

Modification to these Terms

We may amend these Terms and any of our other policies (including our Privacy Policy) relating to the Website and the Services, at any time, at our discretion and without notice. Any such amendments are effective upon being published on this Website or as otherwise notified.

You are responsible for reviewing these Terms and any of our policies regularly. Continued use of this Website and our Services after any such amendments constitutes your consent to such amendments and acknowledgement of our current policies.

These terms were last updated in December 2019.