Terms & Conditions • Healthy.Happy.Smart.

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Please review our information, legal terms and privacy policy before using the Healthy Happy Smart Site.

TERMS AND CONDITIONS OF USE

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, BEFORE USING THIS WEBSITE (the “Site”). BY ACCESSING OR USING THE SITE, YOU (“USER”) AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DO NOT USE THIS SITE.

Healthy Happy Smart (“Healthy Happy Smart” or “We”) OWNS AND OPERATES THE SITE. Healthy Happy Smart RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. Healthy Happy Smart OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SITE WITHOUT NOTICE OR LIABILITY; Healthy Happy Smart MAY ALSO TERMINATE YOUR USE OF THE SITE AT ANY TIME IN ITS SOLE DISCRETION.

Use of Site; Ownership of Intellectual Property Rights

All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter “Content”) constitute the sole and exclusive property of Healthy Happy Smart or its subsidiaries, affiliates, licensors and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without Healthy Happy Smart’s prior written approval: copying of the Site or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party Web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.

Additional User Conduct Guidelines

Healthy Happy Smart requests that the User not impede or inhibit any other User from using and enjoying the Site. Therefore, in using this Site, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliate linked sites; upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files; use or attempt to use another’s account, service or system, or link to another site, without authorization fromHealthy Happy Smart, or create or use a false identity on the Site; or transmit through or on the Site spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

SALES POLICY

The purchase of all digital products (meal plans, video courses and mobile applications) is subject to the following terms and conditions. All customers are advised to review these terms and conditions carefully before making any purchase.

All digital products, meal plans, video courses, PDF’s, mobile applications and online content are subject to copyright protection.
All transactions for a purchase of intangible products, video courses, mobile applications and online content are made through payment gateways such as PayPal or Stripe that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.
In case you are not redirected back to our website after purchase or you do not receive an email from us with a link to the product of your purchase, you can immediately contact us with your transaction details, including the email address through which the payment was made. We will revert back to you with your product details and download link as soon as possible. (Kelly@healthyhappysmart.com)
All purchases for digital video course downloads made on www.healthyhappysmart.com are non-refundable or exchangeable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made please contact us via kelly@healthyhappysmart.com to discuss a resolution.
Change of Mind – Refunds/Exchanges
Please choose carefully. We do not provide refunds or exchanges if you have changed your mind or made a wrong selection by mistake. We recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order. Should you have any questions regarding a particular product, please visit our help site.
Adjustment of Order Information – All orders are considered final at time of placement. Please check your details carefully before submitting your order. Should you need to make an adjustment to your order, please contact kelly@healthyhappysmart.com immediately. Once an order is placed, there is no guarantee that it can be altered or changed in any way however, we will endeavour to accommodate where possible.
By placing an order with Healthy. Happy. Smart., you warrant that you are at least 18 years old (or have parents’ permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at Healthy. Happy. Smart. for the sale and supply of any products. None of these terms & conditions affects your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.
Cancellation information: Cancellation may be made at any time in writing to kelly@healthyhappysmart.com Fees for any current optional subscription period will be payable notwithstanding cancellation of your subscription, but subsequent renewals will be discontinued. Should you choose to select one of the Subscribed Services subscriptions, we will automatically charge your credit card for Healthy. Happy. Smart.’s then applicable subscription fee for the Subscribed Services subscription you have selected and you authorize us to do so. Thereafter, on any renewal (automatic or otherwise) of your subscription, we will charge your credit card forHealthy. Happy. Smart.’s then-current subscription fee for the applicable period for the Subscribed Services subscription being renewed (automatic or otherwise) and you authorize us to do so. If we are unable to process your credit card at a renewal period, your optional subscription may be immediately terminated and you will be reverted to the unlimited, full-access Trial Period. You are responsible for paying all fees associated with the use of the Subscribed Services based on the applicable subscription or renewal thereof that you have purchased. Automatic renewals will be processed (and your card charged) within thirty (30) days prior to the expiration of the term and each renewal period thereafter.

Payments

All transfers conducted through Healthy. Happy. Smart. are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.

Dietary Information

The nutritional facts, meal plans, food lists, and all other guidelines on this site, in video courses or in its mobile applications are not formulated to suit any nutrient deficiencies, allergies or any other food-related health problems. Please contact us prior to purchasing if you are unsure whether this product is suitable for your dietary needs.

The nutritional facts, meal plans, food lists, and all other guidelines on this site, in video courses or in its mobile applications are not formulated to suit the nutritional needs of pregnant or breastfeeding women. If required, we recommend visiting an Accredited Practicing Dietitian to help tailor a program specific to you and your baby’s needs. If you are no longer breastfeeding, please seek approval from your doctor before commencing any new dietary regimen.

As with any new dietary regimen, please contact us prior to purchasing if you are unsure whether this product is suitable for your dietary needs.

RETURN POLICY

As all of our products are digital they are deemed “used” after download or opening. This unfortunately means we have a strictly no refund policy in regards to dissatisfaction with product. Please contact Kelly@healthyhappysmart.com to see how we can remedy any problems you may have with this.

PAYMENT AND CURRENCY DISCLAIMER

All payments are managed by a third party payment gateway, Stripe (www.stripe.com) or PayPal (www.paypal.com). All payment amounts are represented in USD as this is the currency of our host country. Stripe does not provide converting transactions prices, for example if you are in Canada it will not show the equivalent in CAD. All transactions processed on www.healthyhappysmart.com will be charged to the customer in the equivalent amount in their host countries currency per the USD price. All currency conversions and their calculations through payment are made via stripe or PayPal.

Limitation of Liability and Disclaimers

USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER’S SOLE RISK. NEITHER Healthy Happy Smart, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITE. THE SITE, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Healthy Happy Smart, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT Healthy Happy Smart IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES Healthy Happy Smart FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Healthy Happy Smart, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SITE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.

Indemnification

The User agrees to indemnify, defend and hold harmless, Healthy Happy Smart, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by the User. Healthy Happy Smart reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with Healthy Happy Smart in asserting any available defenses.

Third Party Links and Sites

This Site may contain links to other Internet sites, resources and/or sponsors of the Site. Healthy Happy Smart does not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites. Providing links to outside sites does not constitute Healthy Happy Smart’s approval of the content, policies or practices of those other sites. Be sure to review the terms of use and privacy policies posted on the outside sites after linking to them.

Changes to the Privacy Policy

If there are updates to the terms of Healthy Happy Smart’s online Privacy Policy, Healthy Happy Smart will post those changes and update the revision date on this document, so Users will always know what information we collect online, how we use it, and what choices you have. For material changes to this Privacy Policy, Healthy Happy Smart will provide notification to Site Users.

Other

These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with Healthy Happy Smart or its affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of this Site. Should any provision in these Terms and Conditions be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforceability of the remaining provisions. These Terms and Conditions may not be altered by action, inaction or course of dealing between the parties. These Terms and Conditions may only be altered by (a) prior written mutual agreement betweenHealthy Happy Smart and User; or (b) Healthy Happy Smart posting revisions on the Site. Failure byHealthy Happy Smart to object to a user’s behavior, conduct or action does not constitute a consent, ratification or waiver of objection.

If you have any questions or concerns about our Terms and Conditions of Use, please write to Healthy Happy Smart at:

kelly@healthyhappysmart.com