Terms and Conditions
1. Terms of Use
1.1 This document sets out the terms and conditions ("Terms") of Health Simplified Trading (Pty) Ltd ("Health Simplified Trading") pertaining to the access and use of the information, products, services and functions provided on the Health-E App (“App”).
1.2 If you are under the age of 18, you must obtain your parents' or legal guardians' advance authorisation, permission and consent to be bound by these Terms before using the App and/or purchasing any products or services.
1.3 Health Simplified Trading reserves the right, in its sole discretion, to amend and/or replace any part or the entirety the Terms either by publication on our website or by notification to the user. Any amendment shall be effective immediately upon publication or notification.
1.4 Your use of the App or our services constitutes your acknowledgment to be bound by these Terms and Conditions. Each time you access the App and/or use our services you shall be deemed to have consented to the Terms. Should you disagree with any of the Terms, you must refrain from accessing the App and/or using our services.
2. Content of the App
2.1 The App provides the following services:
Healthy meals and recipes.
Shopping lists.
Meal Planning.
Calorie tracking.
2.2 We reserve the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the App and any information or content on the App.
2.3 We reserve the right to change and amend the products, prices and rates quoted on the App from time to time without notice.
2.4 We may use the services of third parties to provide information on the App. Health Simplified Trading has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided "as is" and that Health Simplified Trading and its online partners shall not be liable for any losses or damages that may arise from your reliance thereon, howsoever these may arise.
2.5 Health Simplified Trading makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the App, including without limitation:
Health Simplified Trading does not warrant that the App or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Health Simplified Trading expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
whilst Health Simplified Trading has taken reasonable measures to ensure the integrity of the App and its contents, no warranty, whether express or implied, is given that any files, downloads available via this App are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user's system; and
Health Simplified Trading disclaims any responsibility for the verification of any claims. Information published on this App may be done so in the format in which Health Simplified Trading receives it and statements from external parties are accepted as fact.
The App and the services do not provide any nutritional or dietary advice or opinion and no information available through the App or services should be interpreted as nutritional or dietary advice or opinion nor as a substitute or replacement for independent nutritional advice or opinion by a qualified nutritionist or registered dietitian.
3. Linked third party Websites and third-party content
3.1 Health Simplified Trading may provide links to third party websites on the App. These links are provided for convenience purposes only and Health Simplified Trading does not endorse such websites, their owners, licensees or administrators or such websites' content or security practices and operations. Any dealings that you may have with any linked websites, including advertisers, found on the App, are solely between you and the third-party website.
4. Privacy and Protection of Personal Information
Health Simplified Trading takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with Protection of Personal Information Act 4 of 2013 and our Privacy Policy.. By using the App, you are consenting to the processing of your personal information and described in our Privacy Policy.
5. User Account
5.1 To use our App and/or Services, you are required to create an account and register as a user.
5.2 To create an account, you are required to provide us with certain personal information. You agree that the information provided will be true and accurate and you accept the responsibility for ensuring the accuracy of the information provided.
5.3 You agree that you will maintain the confidentiality and security of your account log in.
5.4 You agree to immediately notify us upon becoming aware of any unauthorised use of your Account or any other breach of security.
5.5 In creating an Account and becoming a Registered User, you represent and warrant that:
You have the necessary legal capacity to enter into an agreement;
the App and /or Services will not be used for any purpose other than personal, non-commercial and information purposes;
you will ensure that your access to, and use of, the App and/or Services is for lawful purposes only and is not illegal or prohibited by law.
Where you use access or use the Products and/or Services on behalf of another person, you represent and warrant that you are to do so.
5.6 You agree that you shall not:
copy, reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the App for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
decompile, disassemble or reverse engineer any portion of the App;
write and/or develop any derivative of the App or any other software program based on the App;
modify or enhance the App. ;
give access to the App by persons other than the user;
remove any identification, trademark, copyright or other notices from the App; and
post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the App, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.
6. Security
6.1 We reserve the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
6.2 You may not utilise the App in any manner which may compromise the security of our networks or tamper with the App in any manner whatsoever. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Health Simplified Trading suffer any damage or loss, civil damages shall be claimed by Health Simplified Trading against you.
6.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Health Simplified Trading and its affiliates, agents and/or partners.
7. Intellectual property rights
7.1 All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the App are the property of, or are licensed to, Health Simplified Trading and is protected by South African and international copyright laws.
7.2 By submitting reviews, comments and/or any other content (other than your personal information) to Health Simplified Trading for posting on the App, you automatically grant Health Simplified Trading and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
8. Risk, limitation of liability and indemnity
8.1 Your use of this App and the information contained on the App is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof.
8.2 You are obliged to protect your log-in details and you commit to not disclose your log-in details to any third party.
8.3 The transmission of information via the internet is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall Health Simplified Trading be liable for any loss, harm, or damage suffered by you as a result thereof.
8.4 To the extent permissible by law:
Neither Health Simplified Trading, its affiliates, directors, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential, or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the App or any functionality thereof, or the information contained on the App, or of any linked App, even if Health Simplified Trading knows or should reasonably have known or is expressly advised thereof.
The liability of Health Simplified Trading for faulty execution of the App as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the App shall be limited to Health Simplified Trading rectifying the malfunction, within a reasonable time and free of charge, provided that Health Simplified Trading is notified immediately of the damage or faulty execution of the App. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the App without the prior written approval of Health Simplified Trading. However, in no event shall Health Simplified Trading be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the App or its use or the delivery, installation, servicing, performance or use of it.
You hereby unconditionally and irrevocably indemnify and agree to hold Health Simplified Trading free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Health Simplified Trading or instituted against Health Simplified Trading as a direct or indirect result of:
your use of the App;
software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Health Simplified Trading;
your failure to comply with any of the terms or any other requirements which Health Simplified Trading may impose from time to time;
the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
any unavailability of, or interruption in, the service which is beyond the control of Health Simplified Trading.
Health Simplified Trading makes no warranty or representation as to the availability, accuracy or completeness of the content of the App. You expressly waive and renounce all your rights of whatever nature that you may have against Health Simplified Trading for any loss suffered by you, as a result of information supplied by Health Simplified Trading being incorrect, incomplete or inaccurate.
9. Confidentiality
By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by Health Simplified Trading. You shall notify Health Simplified Trading should you discover any loss or unauthorised disclosure of the information.
10. Health-e App Cancellation and Refund Policy
10.1 Your subscription is activated when the payment is confirmed to have been credited on the account.
10.2 The validity of your subscription is expressed in days, starting from activation until the last day of the subscription’s validity.
10.3 The following subscription plans are available.
Monthly- 30 days (1 Month): R129,99
Annual- 360 days (12 Months): R1299,99*
*Please note a cancellation penalty of R20.00 will be charged to an annual user who cancels before the end of the 12 month subscription period.
10.5 The above subscription fees are expressed in South African Rand (ZAR).
10.6 The subscription period is indivisible and continuous. Both monthly and annual users will have access to the subscription for the full month in which they cancel and will be charged in full for that month.
10.7 Refunds for annual users who decide to cancel will be calculated by deducting the monthly user’s subscription cost for each month the user subscribed, as well as the month within which the user cancelled and the cancellation penalty from the annual subscription fee paid.
10.8 The only way to purchase a subscription is to pre-pay the appropriate amount in one of the ways suggested by the payment operator.
10.9 By subscribing using your credit card or via the App Store/ Google Play, you agree for the automatic renewal of your subscription upon expiration.
10.10 Automatic renewal of subscription will occur at the end of the validity period of the current subscription. Payment for automatic subscription renewal will not be refunded.
10.11 You can turn off the automatic renewal of subscription at any time.
10.12 Turning off auto-renewal will not affect the validity of your current subscription. It will be valid for the entire period for which you have already paid.
11. Breach or cancellation by Health Simplified Trading
11. 1 Health Simplified Trading is entitled without notice, in addition to any other remedy available to it at law or under these Terms, to cancel these Terms, limit or deny such user use of the App and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Health Simplified Trading's right to claim damages, should any user:
breach any of these Terms;
in the sole discretion of Health Simplified Trading, use the App in an unauthorised manner; or
infringe any statute, regulation, ordinance or law.
11.2 Breach of these Terms entitles Health Simplified Trading to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Health Simplified Trading on an attorney and own client scale.
12. Compliance with section 43(1) of ECT Act
In compliance with section 43(1) of the ECT Act, the following is noted:
Full name: Health Simplified Trading (Pty) Ltd
Registration number: 2022/212905/07
Physical address: 69 Longlands, Longlands Country Estate, Stellenbosch, 7600
Telephone number: 072 889 9559
Website address: www.health-eapp.com
E-mail address: info@health-eapp.com
13. Compliance with laws
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this App.
14. Notices
14.1 Any notice given in terms of this Agreement shall be in writing and shall:
if transmitted by electronic mail, be addressed to info@health-eapp.com (in the case of Health Simplified Trading) or to the e-mail address of the user as provided to Health Simplified Trading and shall be deemed to have been received by the addressee on the date that it was sent;
if delivered by hand, be deemed to have been duly received by the addressee on the date of delivery;
if posted by prepaid registered post, be deemed to have been received by the addressee on the 4th (fourth) day following the date of such posting;
14.2 Notwithstanding anything to the contrary contained or implied in this Agreement, a written notice or communication actually received by one of the Parties from the other including by way of electronic mail shall be adequate written notice or communication to such Party.
15. General clauses
15.1 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
15.2 This App is controlled, operated and administered by Health Simplified Trading from its offices within the Republic of South Africa. Health Simplified Trading makes no representation that the content of the App is appropriate or available for use outside of South Africa. Access to the App from territories or countries where the content of the App is illegal is prohibited. Users may not use this App in violation of South African export laws and regulations. If the user accesses this App from locations outside of South Africa, that user is responsible for compliance with all local laws.
15.3 Health Simplified Trading does not guarantee continuous, uninterrupted or secure access to our services, as the operation of our App may be interfered with as a result of a number of factors which are outside of our control.
15.4 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
15.5 Health Simplified Trading's failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
15.6 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
15.7 These Terms set forth the entire understanding and agreement between Health Simplified Trading and you with respect to the subject matter hereof.
LICENSED APPLICATION END USER LICENSE AGREEMENT
Please find link below:
https://www.apple.com/legal/internet-services/itunes/dev/stdeula/