The Healthy Eating Hub websites at http://www.healthyeatinghub.com.au and http://www.connect.healthyeatinghub.com.au (Website/s) are owned and operated by The Healthy Eating Hub Pty Ltd ABN 48 606 533 662 (THEH, we, us, our).
By clicking Buy Now, Subscribe Now or Book Now you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By clicking Buy Now, Subscribe Now or Book Now you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.
These terms apply to the use of both Websites, including the use of the information services provided through these Websites.
Upon registration as a member, you will be provided with a password and account. You agree to pay for our services in the manner specified on the Website. We are entitled to rely on the password-protected access to your account as conclusive evidence of your identity and authority without further investigation.
If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that THEH is entitled to suspend or terminate your membership at any time if THEH considers that you have brought, or may bring, the reputation of THEH or its members into disrepute.
If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms.
The Hub Clinic
Appointment cancellation policy
Our practitioner’s time is valuable. When you book an appointment with The Healthy Eating Hub you agree to the following cancellation policy:
- You may cancel or reschedule your appointment without charge at anytime 24 hours before your appointment.
- Cancellations or reschedules within 24 hours of your appointment will be charged 50% of the scheduled service fee.
- If you do not call to cancel your appointment or do not show up for your scheduled appointment, you will be charged full fee for the scheduled service.
- Cancellation fees are due within 14 days. Payments made after the due date will incur a $40 admin fee.
- For appointments on a Monday, notice must be given by COB the Friday prior as the office is not manned over the weekend.
- Cancellations fees can be waived for Medical emergencies with presentation of a Dr’s Certificate.
Medicare rebates are only available for certain dietetics services, not with services from a nutritionist. Medicare rebates are available for patients with chronic conditions and complex care needs with a referral from their GP. To be eligible for a rebate, clients must book in with a dietitian and have one of the following Chronic Disease Management plans provided by their GP:
- A GP Management Plan (GPMP) – item 721
- Team Care Arrangement (TCA) – item 723
The Medicare rebate for dietetic services is $52.95 and is available for a maximum of five services per patient each calendar year. Additional services are not possible in any circumstances. For clients who meet the above criteria, The Healthy Eating Hub policy for Medicare rebates is as follows:
First and Second Consultations – Clients will be asked to pay the full cost of the consultation and a Medicare rebate will be refunded into their bank account either through the HICAPS machine or through manual claiming. To receive the rebate on the spot you must have a cheque or savings account card available.
Bulk Billed 20-minute support consultations – Clients will have no out-of-pocket expenses and bulk billing will occur through the HICAPS machine.
We are not able to provide DVA claiming for appointments.
Private Health Insurance Policy
If you have private health insurance, any appointment made with one of our dietitians is eligible to receive a rebate from your insurer. HICAPS facilities are available at our practice which allows us to offer a rebate at the point of sale. All you have to do is pay the gap.
The amount you are able to claim with your private health insurer will depend on your level of cover. You can enquire with your private health insurer prior to your consultation if you wish. Simply provide your insurer with the cost of the consultation and the HICAPS item number below to find out how much you will be required to pay.
HICAPS item number:
- First Consultation: 500
- Second and Support consultations: 600
Private health insurance does not cover body composition scans or The Hub Membership. You are no able to claim both private health insurance and Medicare for the same appointment.
The Hub Membership
1.1. Agreeing to these terms constitutes a legally binding Agreement is between You and THEH (referred to as “we”, “us” or our”), and collectively the Parties.
1.2. You have requested Membership to The Healthy Eating Hub. You agree and accept that the following Terms and Conditions (Terms or T&C) form the Agreement under which we will supply the Services to you. Please read the Terms carefully. Please contact us if you have any questions
1.3. You accept our Terms by making payment in part or full towards your Membership.
2.1. We agree to perform the Services during your Membership with due care and skill.
2.2. We may provide the Services to you using our employees, contractors and third-party providers and they are included in these Terms.
2.3. Suppliers of third party services who are not an employee or our direct contractor and who you engage (Third Party Services) will be your responsibility. We are not responsible for the quality of service provided by suppliers of Third Party Services. You must make direct arrangements with them.
2.4. Our services may include face-to-face components in the Healthy Eating Hub Offices and Kitchens in Harrison or Woden in Canberra or third-party locations. It may also comprise of delivery through our Website, other online platforms and communication channels. We reserve the right that delivery mechanisms and platforms as well as face-to-face delivery locations may change from time to time where reasonable.
2.5. You are responsible for the organising and funding of travel or accommodation to participate in workshops and other face-to-face activities.
2.6. We reserve the right to vary these Terms, revise the content of The Hub Membership offering, cancel, amend, change or reschedule part of The Hub Membership inclusions and to make other changes as reasonably required.
2.7. We reserve the right to close our office and its operations for up to four (4) weeks during the year, including the December/January holiday season. During this time, there will be limited or no access to all components of the Membership, except for online resources. There may be no support available from our employees, contractors, advisers or third-party providers during this time.
2.8. Monthly sessions with your nutritionist will not roll-over if they are unused and will expire at the end of each month. If you fail to reschedule or cancel your appointment within 24 hours you forfeit that appointment. Please contact THEH as soon as possible if you need to cancel or reschedule so we can offer your appointment to another member.
3.1. The total and ongoing cost and minimum term of your Membership is set out in your online account and initial invoice of the first payment. The price indicated does not include any travel or accommodation costs and additional study materials that may be required by you (such as but not limited to stationery, textbooks, electronic devices, internet connections, study aids etc.) You can choose from 1 payment methods: pay in monthly instalments as outlined in the subscription options by Paypal, credit or debit card.
3.2. Your first installment will be payable on the date you subscribe to the membership via the Website after which your Membership will commence. The remaining payments will be due on the same date of the following calendar month. Where this day falls on a nonworking day the payment may be initiated on the next working day.
3.3. It is your responsibility to ensure that on each payment due date there are sufficient cleared funds in your nominated account to meet your scheduled payment. Should your credit or debit card payment decline on the agreed payment date, we reserve the right to continue attempts to process your payment. We will attempt to process the declined amount each day until successful. If you fail to clear the arrears prior to the following month’s debit, you will be charged twice on the agreed date to clear the arrears. If this payment declines and you fall into arrears for more than one calendar months we reserve the right to suspend your Membership effective immediately, and will deny you access to the online content, Member sessions and Facebook group. Once you have cleared your arrears your Membership may be reactivated. We reserve the right to charge an administration fee of $50 per month for each declined payment.
3.4. Should your credit or debit card expire or be cancelled, it is your responsibility to provide THEH with new credit card details to ensure payments continue to be successfully debited.
3.5. Once your agreed minimum Membership term has ended, your Membership will cease and payments will stop unless you renew with one of the membership options available at the time of renewal.
3.6. We may charge interest at the rate of 12.5% per annum on any amounts unpaid 30 calendar days after the payment due date. We reserve the right to engage external debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us. You will be liable for all costs involved, including legal fees where relevant.
3.7. All amounts are in Australian dollars and include GST. We take no responsibility for exchange rate fluctuations or changes in GST rates, and reserve the right to increase the gross price should GST rates increase.
3.8. Our pricing structure, payment methods, payment processes and these Terms may be amended at any given time at our discretion. All other changes will apply from the date that the amended or new Terms are posted on our website or are provided to you, whichever is earlier.
The Healthy Eating Hub Guarantee
4.1. The Healthy Eating Hub Guarantee allows you to access The Hub Membership during the Guarantee Period and assess your satisfaction with the Membership. During this period, you are allowed a one-time opportunity to terminate your Membership with no further penalty. No refund will be provided for the 1st month’s Membership fee should you wish to take advantage of this opportunity. In order to be eligible for this Guarantee you must meet the following conditions:
- attend the Welcome session and your first two Module sessions
- have your first body composition scan
- access the online portal
4.2. The Guarantee Period is defined as commencing on your Membership commencement date, set forth from the day you subscribe via the Website and continues for one calendar month.
4.3. If you elect to exercise your right to The Healthy Eating Hub Guarantee and you are paying by installments, no further installments will be due. The first month’s fees are non- refundable.
4.4. You must advise us in writing to firstname.lastname@example.org prior to the completion of the Guarantee period that you wish to exercise your right to this Guarantee. Any request that is made outside of the Guarantee period will be treated as a Membership Termination and subject to the terms outlined in the Termination section of this document.
5.1. Any requests to terminate your Membership after the Guarantee Period has passed must be sent in writing to email@example.com.
5.2. Termination prior to the completion of your minimum Membership term will require that you pay the total cost set forth in your membership, as per your initial invoice.
5.3. If paying by installments, you will be required to pay THEH in full any outstanding amounts at the time of Termination.
5.4. In avoidance of all doubt, you are liable to pay the total minimum Membership fees in full regardless of the timing of the termination date, whether you have consumed any services or your perceived value of the service received. No refunds apply.
5.5. The date of termination is the date where we receive your written request to terminate your Membership.
5.6. We may pause or terminate the Terms immediately and your Membership at our sole discretion if:
- your account is in arrears for more than one calendar month; or
- you breach any part of these Terms; or
- you breach our Code of Conduct; or
- you are involved otherwise in any illegal activities inside or outside of this Agreement.
5.7. On termination of these Terms by us you agree that any payments made are not refundable to you, and you are to pay all outstanding Membership fees for the minimum Membership terms for Services rendered to you up to the date of termination.
5.8. On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
5.9. The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
5.10. On termination of your Membership, we will remove your access to all of our Services, including Learning Portals, online communities and face to face workshop and event access and we will not be liable for any claims related to the removal of your access.
6.1. Your feedback is important to us. We seek to resolve your concerns quickly and effectively. You agree to raise any concerns, problems or issues you may have concerning the Program to us directly in person or via phone or email.
6.2. You agree not to post any content on our website or any of our social media accounts that is or could reasonably be considered to be inappropriate, defamatory, disparaging or would otherwise bring us into disrepute.
Your acknowledgements, obligations and warranties
7.1. You warrant that throughout the term of this agreement that:
- you are fully and solely responsible and liable for payment of all fees payable under the Program and any other financial obligations associated with the Program under all circumstances;
- you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services;
- the information you provide to us is true, correct and complete;
- you will inform us if you have reasonable concerns relating to our provision of Services under the Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns.
7.2. You agree and understand that:
- We do not change your eating habits for you; we give you access to information, people, tools and interactive sessions
- Membership is not a guarantee of successful behaviour change and we are not liable for any negative impacts that your actions have on you or your long-term health.
- Face-to-face components of the Program may be recorded, filmed and photographed, and as a result, you may intentionally or unintentionally appear in footage or images that are uploaded onto the Member portal and other online platforms, used in marketing videos, placed on our website, or played in clips at our events or workshops;
- you are responsible for using the materials and resources provided to you during your Membership.
8.1. It is a requirement of the Privacy Act 1988 that you are informed about the collection of your personal information and how we may use it. The personal information you provide during this Membership is being collected for the purpose of processing your enrolment into the program and assisting us in providing our service to you. You have a right to access and make alterations to your personal information. We agree not to disclose your personal information to any third party. We will use your information for the reason it was disclosed, including the purpose of providing our services to you, and not for any other purpose without your prior consent.
8.2. We, including our employees and contractors, agree not to disclose your Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.
8.3. You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
8.4. These obligations do not apply to Confidential Information that:
- is authorised to be disclosed by us (for example, materials disclosed to your staff for the purposes of implementing the ideas contained therein in your business);
- is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
- is received from a third party, except where there has been a breach of confidence; or must be disclosed by law or by a regulatory authority including under subpoena;
- breach of this clause by you may result in the termination of these Terms by us and your exclusion from The Hub Membership, in our absolute discretion.
8.5. The obligations under this clause will survive termination of these Terms.
9.1. The work and materials that we provide to you in carrying out the Services contains material which is owned by or licensed to us, or owned by third parties, and is protected by Australian and international laws (Materials). We own the copyright in all creative and literary works incorporated in our Materials that we have created.
9.2. You agree that we own all intellectual property rights in our Materials, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights in our Materials, except as stated in these Terms or with our written permission. Your use of our Materials does not grant you a license, or act as a right of use, any of the intellectual property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
9.3. You must not breach our copyright or intellectual property rights by, including but not limited to:
- altering or modifying any of the Materials;
- creating derivative works from the Materials; or
- using our Materials for commercial purposes such as on sale to
- third parties.
9.4. We will license to you certain Materials, such as downloadable templates, handouts and resources which will be referred to as Licensed Material, upon full payment of our fees. You acknowledge and agree that this Licensed Material may contain intellectual property which is owned by third parties and not by us and use of such third party intellectual property is governed by the relevant third party’s terms and conditions.
9.5. We grant you a non-perpetual, nonexclusive, revocable, international and non- transferable right and license (License) to use the Licensed Material:
- for your personal, non-commercial use associated with the development of your healthy eating habits (including your family); and
- by members of your family solely to develop your healthy eating habits.
9.6. No part of the Licensed Material may be copied, modified, licensed, published, transmitted, distributed, uploaded, broadcast, sold or otherwise transferred to any third party without our prior written consent.
9.7. You acknowledge and agree that you must not use our Licensed Material to create a business that is similar to ours. If you do so, we reserve the right to immediately terminate your License.
9.8. Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
10.1. You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
- any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
- any breach of these Terms; and
c) any misuse of the Services from or by you, your employees,
- contractors or agents.
10.2. You agree to cooperate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
10.3. The obligations under this clause will survive termination of these Terms.
11.1. Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
11.2. Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
11.3. GST: If and when applicable, GST payable on our Services will be set out on our invoices. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed on these charges. GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
11.4. Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
11.5. Severance: If any provision (or part of it) of the Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of the Terms are valid and enforceable.
11.6. Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.
11.7. Notice: Any notice required or permitted to be given by either party to the other under these conditions will be in writing addressed to you at the address you provide in the Agreement form and if to us, at the address provided at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
11.8. Jurisdiction & Applicable Law: These terms are governed by the laws of New South Wales and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
11.9. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
12.1. As with any physical activity or dietary program, it is important that before beginning any fitness or dietary regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
Placing your membership on hold
13.1 You may place your membership on hold for a minimum of one month and a maximum of three months over the course of the 12 month membership. Requests to place your membership on hold must be made in writing to firstname.lastname@example.org with a minimum of two weeks notice.
13.2 You will not be able to access any online content or attend sessions with your nutritionist while your membership is on hold.
13.3 For every month that your membership is placed on hold, your membership expiry date pushes out by 1 month as per the payment condition above.
Delivery policy of physical goods
After ordering online, you will receive an email confirmation from Stripe and the Website containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your goods via registered post within 2 working days; however, if goods are unavailable delivery will take a little longer.
If you wish to query a delivery please contact us at email@example.com
Delivery policy of digital goods
After ordering online, you will receive an email confirmation from Stripe and the Website containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your eBook/software/license/access code via email immediately.
If you wish to query a delivery please contact us at firstname.lastname@example.org
Refund and returns policy
If for any reason you are not completely satisfied with your online purchase we will give you a 7-day money-back guarantee from the time you receive the goods (physical only). Please email us at email@example.com within that time if you are not satisfied with your purchase so that we can resolve any problems.
If for any reason you cannot attend a group session run by THEH, refunds are NOT available. You may at any time transfer the ticket to another person. If you cannot attend the group session due to unforeseen circumstances we are happy to offer a credit note for future group sessions.
This refund policy does not apply to goods which have been worn or used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken. All products must be returned in their original condition. All postage and insurance costs are to be paid by the buyer. We recommend that you return the product via Registered post and that you pre-pay all postage. You assume any risk of lost, theft or damaged goods during transit and therefore advise you take out shipment registration of insurance with your postal carrier. THEH will not be responsible for parcels lost or damaged in transit if you choose not to insure.
Payment security policy
THEH uses the Stripe Payment Gateway for its online credit card transactions. Stripe processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet.
- All online credit card transactions performed on this site using the Stripe gateway are secured payments.
- Payments are fully automated with an immediate response.
Your complete credit card number cannot be viewed by The Healthy Eating Hub or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within Stripe bank-grade data centre, further protecting your credit card data.
For more information about Stripe and online credit card payments, please visit www.stripe.com
Conditions of Use of the Website
Our Partners satisfy our guidelines for promotion/partnership with particular brands, goods or services. These guidelines specify that partners be local Canberra or Australian businesses and/or organisations, sell or use primarily whole foods, agree with our philosophy of healthy eating and support us in promoting health messages. The Healthy Eating Hub may directly or indirectly financially benefit from partnership with these businesses and full disclosure of financial arrangements with current partners is below:
Alpha Fresh – provide free fruit, vegetables, meat and seafood for recipe and content development.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third-party users of the Website, other members, other contributors to the Website, and partners. We are not responsible for the products, services, advice, information, actions or failure to act of any partners. Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in the Website to Program Administrator at firstname.lastname@example.org. We may investigate the claim and take appropriate action, in our sole discretion.
Our service shall be delivered as described from time to time on our website. We confirm that access to any specific trainer or nutritionist mentioned in our website is not guaranteed.
Information provided on website
All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update any information at any time. In addition, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. We are not liable for any loss arising from any action taken or reliance by you on any information or material posted by us.
Nutritional information provided on the Website is taken from sources provided by third parties, including the Food Standards Australia New Zealand (FSANZ) NUTTAB 2010 guide to nutrient content. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. FSANZ has made considerable effort to ensure the quality of information in NUTTAB 2010, however, none of FSANZ, THEH or any other provider of nutritional information on the Website gives any warranty that the information is free from error or suitable for your purposes.
There are limitations associated with food composition databases. Nutrient data published in a database such as NUTTAB 2010 may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors, including changes in season, changes in formulation, processing practices and ingredient source. While most of the data contained in NUTTAB 2010 are generated from analysed values, some of the data are borrowed from overseas food composition tables; supplied by the food industry; taken from food labels; imputed from similar foods; or calculated using a recipe approach.
Quality of Service
We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds may result in an inability to view high resolution videos, but we will use our best endeavours to provide an alternative wherever possible.
You may be entitled to a refund in limited circumstances. See the clause (payment and refunds) below for further details.
Limitation of Liability
Indirect and Consequential Loss
To the extent permitted by law, and subject to clause 7, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, or your reliance on any information obtained through the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
Terms Implied by Law
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
- if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
- if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.
The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims, and must pay on demand all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises out of your use of the Website, including your use of the Website to provide a link to another site or to upload content or other information to the Website.
Copyright in this Website (including text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of personal use, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except where expressly stated, you may not in any form or by any means:
- adapt, modify, download, reproduce, distribute, publicly display, perform, publish, create derivative works or otherwise publicly make available any part of this Website; or
- commercialise or exploit any information, products or services obtained from any part of this Website; without our written permission or, in the case of third party material, from the owner of the copyright in that material. Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use and review. You are authorised to listen, view, retrieve, personally store and print a copy of any information contained on this Website for your personal use. Without limiting the foregoing, you may not without written permission from us on-sell information obtained from this Website or post it to another website.
You warrant that you have all the necessary rights and permissions needed to submit content to the Website, whether that content be articles, images (moving and still), text, graphics, sound, stories, software or other copyrightable material (User Content). Where you are the owner of the intellectual property rights in User Content, you assign to us all right, title and interest in and attached to the intellectual property in the User Content with effect from the date you submit it to the Website. Where you are a licensee of the intellectual property rights in the User Content, you grant to us a royalty-free, non-exclusive world-wide licence of the intellectual property rights in the User Content to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform & display on any media platform and by any means.
To the full extent permitted by law, you consent to us (and all persons authorised by us) infringing any of the moral rights (as that term is defined in the Copyright Act 1968 (Cth) and includes the same or similar moral rights that may exist in jurisdictions other than Australia) that you may have in the Works. To the extent that consent is not effective in any jurisdiction, then you waive any moral rights you may have.
We have the right, but not the obligation to monitor User Content and we may remove or refuse User Content which we consider, in our sole discretion, to be:
- infringing third party rights (including copyright);
- misleading or inaccurate;
- without basis or sound reasoning; or
- in breach of the Permitted Uses for the Website (below).
Notwithstanding our right to supervise, we accept no responsibility or liability for User Content. You must ensure that the content you upload does not infringe the copyright, moral or other rights of third parties (such as privacy or publicity rights), and you agree to indemnify us against any third-party claims arising from your use of the Website in breach of this clause.
Visitors to the Website who believe their intellectual property rights (including, but not limited to, copyright) are being infringed can issue a Take Down Notice. Please contact Program Administrator at email@example.com.
We explicitly prohibit use of the material on this Website in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:
- you are legally responsible for all content you submit;
- under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
- we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
You will not:
- post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
- post or transmit false or misleading material or make any form of misleading or deceptive representation;
- knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other corruptible material;
- exploit the activity for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements or “spam” or any other means that are contrary to our commercial or lawful interests);
- provide access or links to any computer files that contain material which may infringe the intellectual property rights of another person; or
- delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
- at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.
The Website may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.