Everheal pty ltd (‘We’, ‘Us’ or ‘Our’) is owned and operated by Allyson Brown and Simone Boer (ABN47634291553) trading as everheal, whose registered office is in Victoria, Australia.
In agreeing to our Terms, We reserve the right to modify, alter, or update our Terms without prior notice or consent. Modifications shall become effective immediately upon being posted at the Website or on any of the everheal social media presence (including but not limited to LinkedIn, Instagram, Facebook, AboutMe, YouTube). Your continued use of the Website or social media presence after amendments are posted constitutes an acknowledgement and acceptance of this Agreement as modified.
1. Our Services and Sales
The everheal website (Website) and everheal live events (Live Events) provides information about anti-inflammatory foods and beneficial lifestyle changes to assist in overcoming symptoms associated with autoimmune disease. The information provided by everheal via these sources is gathered from experts, scientific researchers and/or physicians accredited in these health fields, and therefore are not generated by everheal. The Website and free Live Events provide general health information and an opportunity to purchase everheal services (Services) including ready-made meals (Meals), everheal coaching (Coaching), everheal packages (Packages) and access to Real Plans application subscription (Meal Plans).
The Sale Terms apply to all sales made by Us to You through our Website available at www.everheal.com.au. These Sale Terms form the agreement under which We will supply You with Packages and/or individual Services. These Packages include our supply of Meals, Meal Plans, Coaching, everheal e-journal and access to the everheal online community.
The Website is administered in Australia and intended for Australian Users; any use outside of Australia is at the User’s own risk and subsequently are responsible for compliance with any local laws applicable to their use of the Services or the Website.
2. Use of Services
Your use of Services is for Your personal use only. You are entirely responsible for any and all activities which occur under Your name. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others.
You agree to notify Us of any unauthorised use of Your name or any other breach of security known to You. You agree not to resell or make any commercial use of the Services without our express written consent.
We may suspend or block Your ability to use the Services, without notice, for any reason and We may refuse to disclose the reason(s) for such action. All decisions regarding the suspension or termination of Your ability to use the Services shall be made at our sole discretion.
In addition to the Information or browsing the Website, the Services include the ability to order Meals, Meal Plans, schedule an appointment with Us for Coaching consultation and related services. In order to use these features of the Website, You must register on the Website, and pay all fees owed to the Us through the Website at the time of Your on-line ordering/scheduling. You will receive a timely written confirmation (email) acknowledging receipt of Your payment. We will not be obligated to provide any services to You unless payment has been made in advance and through the Website.
We have no control over, and cannot guarantee the availability of Meals, Meal Plans subscriptions and/or Coaching at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Website or Services whatsoever.
You waive the right to cancel any credit card or debit card payments which have already been cleared through our payment processor. If any payment is dishonoured or cancelled, or if You fail to pay any installment when due, the related Meals, Meal Plans, Coaching appointment(s) or other Services may be cancelled without further notice.
It is YOUR responsibility to keep delivery details up to date and current. If you wish to cancel a subscription, you must do so prior to the cut off order time for cancellation of order following week.
You agree to pay the purchase price specified on the Website at the time you place your order, plus any additional delivery charges. All amounts are stated in Australian dollars and all purchase prices include Australian GST (where applicable). Through Your payment, You agree that our Meals, Meal Plans and Coaching services are subscription based and We will continue delivering Meals, Meal Plans and Coaching until you cancel. To maintain your weekly meal delivery, payment will be made to Us will automatically on the weekly payment day.
Orders received prior to Thursday 12pm Noon will be delivered to following week on the designated delivery day. If you wish to cancel your Meal Plans, this MUST be done BEFORE the Thursday 12pm Noon cut-off, for cancellation to take effect for the following week.
While the information and material contained on the Website is believed to be accurate and current, it is provided by Us on an "as is" basis, and We subsequently accept no responsibility for, and make no guarantees to You or to any other person as to the reliability, accuracy or completeness of the information contained on the Website.
You acknowledge and agree that We are NOT dietitians, physicians or nutritionists and We are not qualified to provide any dietary or nutritional advice. The information, insights, guidance and/or recommendations on our Website, social media, Services or in any of our Packages are for general information purposes only and are not to be relied on for any diagnostic or treatment purposes. The Website, Packages and related Services, are not substitutes for any professional dietary and medical advice, based on Your personal circumstances. We highly recommend that You discuss any dietary or lifestyle changes You wish to undertake with Your physician or functional medicine doctor BEFORE starting any of our Services or Packages to ensure they are suitable for You.
Use of our Website and/or purchases made from our Website does not establish a “doctor-patient” relationship. The information provided by everheal should not be used as a substitute for professional diagnosis and treatment. Any dietary or nutritional information contained in our Website and/or within our Services or Packages, whether provided by Us or by contract from third party service providers, is provided simply for Your convenience.
If You purchase meal deliveries, We will deliver food in a refrigerated state to Your nominated address, however once delivered, We take no responsibility for these goods. It is Your responsibility to ensure the goods are stored in the appropriate place as soon as possible to ensure minimal food spoilage. If You are not home at the time of delivery, the meal packages will be left at the premises and We take no responsibility for the goods after this time.
Following delivery to Your premises, You are responsible for refrigerating and correctly storing the Meals. We will not be responsible nor liable for any harm, loss or damage suffered by You or any other individual, that is caused, directly or indirectly, by Your incorrect use, storage or handling of our Meals.
While We take care in the preparation and packaging of Our products; please consider that Our meals are produced in facilities that handle a range of food products, including but not limited to milk, eggs, seafood, nuts, seeds and gluten. It is not possible to guarantee the total absence of these ingredients in any of our Meals. Please check the ingredients prior to consumption.
4. Limitation of Liability
We have no liability for any interruptions in the availability of the Website or the availability of Meals, Meal Plans, Packages and Services.
We have no liability for any loss, damage, costs (including legal costs), or expenses whatsoever, whether direct, indirect, consequential, or incidental including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on Your information systems or costs of replacement goods, or otherwise, suffered by You or claims made against You, arising out of or in connection with the Website, inability to access or use the Website, the Packages, the Services, the late supply of Services/Packages/Meals/Coaching, or the Sale Terms, even if We were expressly advised of the likelihood of such loss or damage.
Our total liability arising out of, or in connection with, the Packages/Services in the Sale Terms, however arising (including under contract, negligence, in equity, under statute or otherwise), will not exceed the total price paid by You for the purchase of products under the Sale Terms.
You agree to indemnify Us (our families, affiliates, subsidiaries, contractors, experts and employees) from and against all claims, lawsuits, liabilities, demands, actions, costs and expenses (including legal costs/fees and expenses made by You or by any third party, on a full indemnity basis) resulting from the User’s breach or infringement of the Sale Terms, violation of this Agreement and/or use of intellectual property or any right of any person or entity.
6. Website and social media applications
By completing the subscription details, we will create an account for You (Account) and provide a confirmation email of Your account registration when You register on Our Website. It is Your responsibility to keep the details of Your Account confidential and up-to-date. You are liable for all activity on Your Account, including purchases made using Your credit card, PayPal and/or Account details.
You are responsible for creating Your own social media accounts and must request to Us to engage with any of the everheal and/or community groups. You understand We do not in any way have an obligation to screen Users or attempt to verify the statements or posts of Our Users. We make no representations or warranties as to the conduct of Users. We reserve the right to edit and/or delete any information submitted by a User, including (but not limited to) community forum posting.
Each User is solely responsible for the content about themselves that they publish or display on the Services, or communicates to other Users. You will not post on the Website or social medial, or transmit to other Users, any offensive, inaccurate, abusive, insulting, threatening, explicit, sexually oriented, harassing, racially defamatory, or illegal material, or anything that infringes or violates another party’s rights (including, but not limited to, human rights, intellectual property rights, and rights of privacy and publicity). You will not provide false, inaccurate or misleading information to Us or to any other User. If information provided to Us or a User, subsequently becomes inaccurate, misleading or false, You must promptly notify Us of such change.
This Website is operated and provided in the State of Victoria, Australia. As such, We are subject to abide by Victorian state laws, and such laws will govern this Agreement. We make no representation that the Website or Services are appropriate, legal or available for use in other locations. Accordingly, if You choose to access the Website You agree to do so subject to the internal laws of the State of Victoria.
7. Intellectual Property
All content included or available on Our Website, Social Media or at Our Live Events, including content, design, text, graphics, interfaces, and the selection and arrangements thereof is © 2019 everheal pty ltd, with all rights reserved. Any use of materials on the Website, Social Media or Live Events including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data mining or data extraction, or other commercial exploitation of any kind, without prior written permission of an authorized officer of everheal.com.au, everheal Social Media posts, everheal Live Events or everheal Coaching, is strictly prohibited.
Everheal™ is a proprietary mark of everheal pty ltd. Our trademark may not be used in connection with any product or service that is not provided by Us, in any manner that is likely to cause confusion among Our customers, or in any manner that disparages or discredits Us.
All other trademarks displayed on the Website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those trademark owners. In addition, such use of trademarks or links to the websites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Us.
8. Other Terms
Copyright © 2019 everheal · All Rights Reserved