Terms and conditions

We provide the Healthy Eating Active Living website (“Site”) and/or the 8700 mobile application (“App”) established by NSW Health subject to these terms of use (“Terms”).

By visiting and using the Site and/or the App, including any of the content or information they contain, you agree to be bound by the Terms.

The 8700 website is no longer available and this Site is a continuation of the information and advice previously available on 8700 and which continues to be available on the App.

General disclaimer information

This Site and App contain information, data, documents, pages, images, calculator tools, links, application and script code, branding and video prepared by NSW Ministry of Health ("the Information") for and on behalf of the Crown in right of the State of New South Wales ("the State of New South Wales"). Copyright in the Information, this Site and the App is owned or licensed by the Crown.

Whilst the Information contained in this Site and App has been presented with all due care, the State of New South Wales does not warrant nor represent that the Information is free from errors or omission.

The Information is made available on the understanding that the State of New South Wales and its employees and agents shall have no liability (including liability by reason of negligence) to the users for any loss, damage, cost or expense incurred or arising by reason of any person using or relying on the information and whether caused by reason of any error, negligent act, omission or misrepresentation in the Information or otherwise.

The use of this Site and App is for information purposes and is not to be taken as a substitute for seeking appropriate medical advice. It is recommended you seek assistance from a health care professional when interpreting these materials and applying them to your individual circumstances. If you have any concerns about your health, consult your General Practitioner.

NSW Health may, without notice, amend or modify these Terms by posting the amended Terms to this Site or App. You agree to periodically refer to the Terms to ensure that you are aware of any amendments made from time to time. Continued use of the Site or App will indicate your acceptance of the amended Terms.

Use in Australia and for personal use

This Site and App are intended to be used by residents of Australia. The contents of the Site and App have not been considered in relation to the laws of any other jurisdictions. They are for your own personal use only, and are not to be used for commercial purposes.

Accuracy of information

All advice and Information on this Site and App is given in good faith and is based on sources considered to be reliable and accurate. Whilst the Information is considered to be true and correct at the date of publication, changes in circumstances subsequent to publication may impact on the accuracy of the Information. The Information may change without notice and the State of New South Wales is not in any way liable for the accuracy of any Information printed and stored or in any way interpreted and used by a user.

Health and nutrition information

Daily kilojoule (kJ) intakes are not recommendations, but rather an acceptable intake which provides a benchmark suitable for certain groups of people. They do not consider individual circumstances and will not be suitable for particular users.

Material which relates to health and nutrition issues is offered for general informational and educational purposes only; it does not consider individual circumstances and is not offered as and does not constitute medical or nutrition advice. In no way is any of the material presented intended to be a substitute for professional medical care or attention by a qualified practitioner, nor should they be construed as such.

You should not act or rely upon any of the health or nutrition-related resources and Information available in or from this Site or App without seeking the advice of a qualified physician or other qualified healthcare provider.

Physical activity information

Should you choose to engage in any physical activity you do so at your own risk. NSW Health recommends you consult your health care provider prior to commencement of such activity to determine the suitability of specific physical activity to your level of fitness.

Disclaimer Regarding Product Information

Information provided on the App includes the energy values of certain packaged foods and fast foods that are available in Australia. The energy values of packaged foods are derived from a database that is owned and operated by The George Institute for Global Health (TGI). TGI developed this database by collecting information from the nutrition information panels on packaged foods in Australia. Around 90 per cent of packaged food items available in major grocery stores in Australia appear in the TGI database. TGI regularly updates the database but the energy values of new or modified products and some less common items may not yet be available on this app.

Information relating to the energy values of fast foods (Fast Food Data) is collected by Cancer Council NSW (CCNSW) from a number of popular fast food and snack food chain outlets, and incorporated into TGI’s database. Fast Food Data is collected from various sources such as information published on websites or displayed in store by the various outlets and in some circumstances direct from individual franchisees or head franchisors. CCNSW collects fresh Fast Food Data on a bi-annual basis and TGI updates its database accordingly. TGI and CCNSW take care to ensure that the Fast Food Data is accurate, but the information provided should be used as a guide only. Portion sizes, recipes and menu options may vary from one outlet to another (even within the same fast food chain) and so kilojoule counts for the same named products displayed on the app may not be an accurate reflection of the energy value of that product at a particular franchise outlet. TGI and CCNSW accepts no responsibility for such variations, which are outside their control.

NSW Health provide this information to you in good faith and based on sources they consider to be reliable and accurate.

While care is taken to ensure the accuracy of data used in this App, no warranty of accuracy is provided. The information available on this App should be used as a guide only and should not be relied upon in any circumstances as a substitute for professional medical advice. All users, especially those with special dietary requirements or food sensitivities, should assess the accuracy and relevance of this information for their personal circumstances.

None of TGI, CCNSW, or NSW Health are liable for any loss or damage you suffer arising out of your use of or reliance on information provided under this App, except liabilities which cannot be excluded by law.

Please consult your doctor or other qualified health professional if you have questions or concerns about your, or your family’s health.

Limitation of liability

You agree to hold harmless and indemnify the State of New South Wales (including NSW Health) and its officers, employees and agents against any loss, damage, cost or expenses that we, or any of our officers, agents and employees, may incur in connection with your breach of these Terms or any other legal obligation, your use of this  Site or App.

This indemnity:

• is a continuing obligation, separate and independent from the other obligations of the parties
  
• will not be affected by any matter including without limitation, the termination, renewal or extension of these Terms or any indulgence, waiver or other concession given by us unless we agree in writing and
• includes legal costs and disbursements on a full indemnity basis.

It is not necessary for us to incur expense or to make any payment before enforcing the right of indemnity conferred by these Terms.

You must pay on demand any amount you must pay under the indemnity in this clause.

The State of New South Wales (including NSW Health) and its employees and agents will not be liable to you for any direct, indirect or ancillary, incidental, special or consequential damages, including but not limited to loss of revenue, profits, savings or data as a result of the use of this Site or App by you.

Links to third-party sites

The Information contained in this Site and App includes information derived from various third parties which does not necessarily reflect any policies, procedures, standard or guidelines of the State of New South Wales.

The State of New South Wales takes no responsibility for the accuracy, currency, reliability and correctness of any information included in the Information provided by third parties nor for the accuracy, currency, reliability and correctness of links or references to information sources (including Internet Sites) outside of the NSW Ministry of Health.

Links to other internet sites are not under the control of the State of New South Wales and are provided for information only. Care has been taken in providing these links as reference resources. However, due to the rapidly changing nature of the Internet content, it is the responsibility of the users to undertake their own investigations, decisions, enquiries about the information retrieved from other Internet Sites. Provision of these links does not imply any endorsement, non-endorsement, support or commercial gain by the State of New South Wales.

Privacy of information

The NSW Ministry of Health is committed to safeguarding the privacy of participant information, and has implemented measures to comply with its obligations under the Privacy and Personal Information Protection Act 1998 and Health Records and Information Privacy Act 2002. These Terms also include the Privacy Statement.

Security

The NSW Ministry of Health applies a range of security controls to protect its website from unauthorised access. However, users should be aware that as the World Wide Web is an insecure public network that gives rise to a potential risk that a user's transactions are being viewed, intercepted or modified by third parties or that files which the user downloads may contain computer viruses, disabling codes, worms or other devices or defects.

NSW Ministry of Health accepts no liability for any interference with or damage to a user's computer system, software or data occurring in connection with or relating to this web site or its use. Users are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this site is free of viruses or other contamination that may interfere with or damage the user's computer system, software or data.

Copyright

© - Copyright - New South Wales Ministry of Health for and on behalf of the Crown in right of the State of New South Wales.

Some content on the Healthy Eating Active Living website has been licensed from the LiveLighter® campaign © State of Western Australia. Reproduced with permission.

General copyright statement

Copyright in the Information which appears on the Healthy Eating Active Living website and the 8700 App is subject to the operation of the Copyright Act 1968, vested in the Crown in the right of the State of New South Wales.

Trade marks

The names ‘Fastchoices’, ‘8700.com.au’, ‘your ideal figure’ and ‘my ideal figure’ and associated devices (logos) are trade marks owned by NSW Health.