Please read the following Terms and Conditions. These terms and conditions represent a contract between you and us. When acquiring or using the Product you acknowledge that you have read, understood and agreed to these terms and conditions. Please seek clarification of any content that you do not understand fully.
2.1 Copyright exists in the Product and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the Product unless otherwise obtained from a third party which may itself have its own copyright in that material.
2.2 Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered or unregistered, existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these terms and conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act 1966 (Cth) or under the law of a country other than Australia.
2.3 Any proprietary materials given directly to you by us (e.g., handouts, guides, worksheets, apps etc.) may not be distributed to third parties without written permission.
By virtue of these terms and conditions, you are granted a non-exclusive, non-transferable, non-sublicensable licence to personally access and use, for non-commercial purposes, the Product.
4.1 These terms and conditions govern your right to access and use of the Product.
4.2 You agree not to use the Product for any unlawful purpose and you agree that your use of the Product is only for your personal use and not for any commercial or other use contrary to these terms and conditions and our legal rights in respect of the Product.
4.3 You agree that you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with the Product in whatever format, personally or otherwise, or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
4.4 You agree that will not rent, lease or lend the Product to a third party nor decompile, reverse engineer, modify or derive content from the Product or make it available over a network where it could be used by multiple devices at the same time.
4.5 You agree that your access to or use of the Product will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws of New South Wales, Australia.
4.6 You agree that in using the Product, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
4.7 You agree that you will not post comments about the Product, its individual representatives, officers, directors, consultants and/or employees without our prior written consent.
In accessing or using the Product you are deemed to have read and personally agreed to these terms and conditions.
6.1 You represent and warrant that you are at least 18 years of age and will be responsible for completing all registration information. If you are accessing or using the Product on behalf of a party who is not at least 18 years of age, then you are representing that you are that party’s legal guardian and you are responsible for that party’s compliance with these terms and conditions and you will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these terms and conditions.
6.2 Without limitation, the Product is available only to individuals that can form legally binding contracts under Australian law.
6.3 We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your registration, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, our other users or the Product into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Product or are in any way in breach of these terms and conditions.
7.1 You agree to provide accurate and truthful details about yourself for the purposes of your registration to access or use the Product and we reserve the right to suspend or terminate your registration if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
7.2 Access to the information provided in relation to the Product is for your sole use only.
7.3 Any password or right given to you to obtain access to the Product is not transferrable to any third party.
8.1 You may cancel your registration to the Product by notifying email@example.com and we can then deactivate any account in your name and archive any information about you or your account stored in our database as well as cease the provision of any information to you. (Your information archived will be stored for 7 years from the date of purchase and/or registration at which point in time it will be deleted or destroyed.)
8.2 We can terminate your licence to use the Product in our sole discretion if we believe you have breached any one of the terms and conditions of this licence or you have or are facilitating the unlawful activity of a third party in respect of the Product and further, we are at liberty to take any other action necessary to enforce these terms and conditions.
In purchasing any Product (“the Purchase”) you agree :
(a) to pay using a valid credit card (or other form of payment as we may allow);
(b) to provide us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the Product at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;
(c) to pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase (“the costs”); and
(d) all costs are in Australian Dollars unless otherwise indicated.
10.1 Title in the Purchase will pass to you on receipt of full payment from you or when you receive the Purchase, whichever happens later.
10.2 You expressly acknowledge that your use of the Product is at your sole risk.
11.1 Subject to the rights granted to you by statutory consumer protection legislation which cannot be excluded, due to the nature of the Product and as we make no representations to you in respect of your use of the Product, we provide no warranty as to any results or outcomes associated with using the Product.
11.2 At our sole discretion, any claim for a refund will be considered on a case by case basis and we reserve the right to either provide you with a refund or refuse your claim.
We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Product or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Product. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Product. You agree that neither we, nor any of our affiliates, service providers or suppliers, warrant or make any representation about the contents, products, services or offers contained in the Product, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Product is at your sole risk.
In no event shall we be liable to you for any injury or damages whatsoever including without limitation damages for loss of income, personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
We will not disclose personal information we receive from you to any third parties except where we have asked for and received written permission from you, or as required by law or by a government agency.
15.1 You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Product or the terms and conditions, as we see fit.
15.2 We will publish any intended changes to the terms and conditions on the website and you will be deemed to have accepted such changes when you access or use the Product following our publication of the notice of change on the website.
15.3 You agree that we may transfer, assign, license or deal with our interest in the Product to any affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment.
These terms and conditions are governed by the laws of New South Wales, Australia and you agree to the jurisdiction of the Courts of New South Wales, Australia and any appeals from those Courts.
17.1 You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Product or from your breach of any of the terms and conditions or any facilitation or support by you of a third party causing any loss or damage to us.
17.2 You are liable for all content posted by you in relation to the Product.
17.3 You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post in relation to the Product.
18.1 These terms and conditions form the entire agreement between us and you in relation to the Product or your use of it.
18.2 Any failure or delay on our part to exercise a power or right we have under these terms and conditions does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.