Terms & Conditions

WEBSITE TERMS AND CONDITIONS

 

The website (www.mindhighclub.com.au) and all other associated digital platforms, media accounts and mobile applications (together, ‘the Website’), content, products, materials and services (together, ‘the Services’) are owned and operated by The Mind High Club Pty Ltd ABN 71 627 132 870 (‘Company’, ‘we’, ‘us’, ‘our’). The term ‘you’ refers to any user or browser of the Website or purchasers of our Services.

 

These Terms and Conditions and any additional disclaimers, policies and legal notices displayed on our Website from time to time state how you may use our Website and Services. It is important that you read and understand these. By accessing any information, registering on the Website, or using the Services provided through the Website, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether you are a visitor simply browsing, become a member of or register on the Website (together, ‘users’).

 

You agree that the use of the Website and Services is at your own risk. If you are under the age of 18, you must obtain your parent or guardian’s prior consent to use the Website and Services. You acknowledge and agree using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of this Agreement, and this Agreement may be terminated in accordance with the provisions below.

 

These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.

 

 

  1. Services Disclaimer

 

Our Website and Services aim to provide personalised tools and resources for mental health. The information, content and material contained in, or available through, the Website and Services are provided for general information purposes only and does not cater to the specific circumstances or needs of individual users. All information and Services provided by us is provided in good faith, though we make no guarantees of any specific result from use of the Website or Services. We derive our information from sources that we believe to be accurate and up-to-date as at the date of publication, however we do not make any representations or warranties that the information and Services we provide are reliable, current or complete at all times.

 

All information, statements, reports and test results provided by Mind High Club are not intended to diagnose, treat, cure or prevent any disease or condition. The information contained on this Website is not intended nor is it implied to be a substitute for professional medical, legal or psychological advice. Always seek the advice of your pharmacist, general practitioner, other medical practitioner or qualified health provider when starting any new treatment, diet or supplement, or continuing with medical or other treatments or with any questions you may have regarding your medical or other conditions. 

 

None of the content on this Website or Services represents or warrants that any particular activity, diet, supplement or treatment is safe, appropriate or effective for you. To the extent that we provide any explicit or implied recommendation of any particular Service, such recommendation is only a general recommendation that is not specific to any particular individual. Your reliance on any of our Services or information on this Website is solely at your own risk. It is your sole responsibility to inform us of any prior health conditions.

NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.

 

The testimonials (visual and written) and any publicity materials displayed on our Website or other platforms are examples of real experiences and opinions of customers’ experiences with Company, Website or Services and are for illustration only.  All testimonials and publicity materials are displayed with permission and are of actual people and their results. Testimonials are not intended to guarantee current or future users the same or similar results. 

 

 

  1. Permitted Use

 

We prohibit the use of the Website and any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and the Services in a safe and responsible manner, and to comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the Website or Services. You agree you may not use the Website or Services for any purpose that is unlawful, to solicit the performance of any illegal activity, or in any other way that infringes the Company’s rights or the rights of others.

 

In respect of such unlawful or prohibited activity, you acknowledge and agree you will not:

  • bypass (or attempt to bypass) any security mechanisms imposed by the Website;
  • harvest or collect email addresses, images or personal information of other users;
  • transmit, post or make representations about false or misleading material;
  • post or transmit any material which contains a computer virus or other harmful data, code or material;
  • exploit the Website for your own commercial purposes or the commercial purposes of any other person (including the posting of advertisements, solicitations, promotional materials, "spam" or any other materials that are contrary to our commercial or lawful interests);
  • provide access or links to any material, (including peer to peer network "trackers") which may infringe the intellectual property rights of another person or entity;
  • use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the structure or presentation of the Website, to obtain or attempt to obtain any materials or information through any means not purposely made available on or through the Website;
  • manipulate identifiers in order to disguise the origin of any communication you send through the Website;
  • impersonate or misrepresent you are any other individual or entity;
  • defame, stalk, bully, abuse, harass, threaten and intimidate people, or restrict another user in any way from the use and enjoyment of the Website or Services;
  • seek or trace any information of another user, including an account not owned by you, or exploit the Website or Services in any way where the purpose is to reveal information;
  • attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;
  • breach the security or authentication procedures of the Website, or any network connected to the Website, in an attempt to gain unauthorised access to any part of the Website or Services by hacking, password “mining” or any other illegitimate means.

 

You may not use the Website or Services, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any content or other information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or in a manner not permitted by the Terms and Conditions.

 

  1. Enquiries and Messaging

 

By making an inquiry or sending a message through the Website, you will be added to our email list. If you do not want to remain on our database, you can simply follow the instructions on the form to update your subscription or data preferences, unsubscribe from our email communications or email at any time at

 

You agree that all information you provide to us through the Website will be true, accurate, current, and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and Services. For more information regarding email communications, and subscription please refer to our Privacy Policy.

 

Subject to these Terms and Conditions, you will be given lifetime access to the Website. You may also be entitled to exclusive offers, benefits, services or items of interest, sent to you via email notifications from time to time.

 

  1. Questionnaire

 

Mind High Club is a digital platform and mobile application which provides personalised content (in the form of video, audio files and other resources) that can offer assistance to individuals seeking to improve their mental health, as well as providing professional nutrition advice via the platform’s experts and personalised diet and supplement recommendations based on your unique biology. The Mind High Club reports provide insights that may enable you to make more informed health and wellness decisions.

 

Before submitting your questionnaire, you agree to the following:

  • You are 18 years of age or older, and any health information you provide is either your own or of a person for whom you are a parent or legal guardian, or that you have obtained legal authorisation to provide their health information to Mind High Club.
  • You acknowledge you am providing your personal data of your own free will, and at your own risk.
  • You consent to The Mind High Club interpreting your personal data and information on your health for the purpose of providing a personalised report.
  • The Mind High Club may provide additional reports based on your health information and may communicate with you about new findings or offer you the opportunity for further analysis. You will be able to opt out of receiving further information or request to have your personal data updated or deleted at any time.
  • The Mind High Club recommended supplements reports will be delivered to you by your nominated healthcare professional (if applicable).
  • Your reports will be treated as your property and will never be disclosed or shared with third parties including your insurance company and employer.
  • Mind High Club may analyse your de-identified results for evaluation, research and marketing purposes.
  • Mind High Club will only report on actionable findings that have a high degree of credibility which have been reviewed and signed off by the Mind High Club team. Anything that falls out of this scope will not be reviewed or reported.
  • The Mind High Club report may not cover all medications/nutritional supplements that you may be taking.
  • All data and any results generated are held confidentially within a secure data protection protocol.
  • Your information and results will be kept in strict accordance with the Mind High Club Privacy Policy.
  • You have been offered the opportunity to ask questions and are aware you can book a video consultation with a practitioner that provides diet and lifestyle advice, recipes and supplement advice.

 

  1. Account Registration

 

By using the Website, you agree to:

 

  • Provide true, accurate, current and complete information about yourself as prompted by any forms featured on or off the Website (the ‘Registration Information’); and
  • Maintain and promptly update the Registration Information to keep it true, accurate, current and complete.

 

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Website.

 

You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security.

 

Mind High Club keeps your Registration Information on a secure server. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our Website and Services to you, to administer our Website, and to notify you of products or special offers that may be of interest to you. For more information, please refer to our Privacy Policy.

 

  1. Third-Party Links

 

The Website may contain health-related materials or discussions, including links to third-party websites or resources. You acknowledge and agree that this does not imply any endorsement by, or affiliation, with us and we are not responsible for any information, products, services or resources of any third parties. We do not guarantee, represent or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, products, services or resources.

 

  1. User-Generated Content

 

The Website (and any of our other digital platforms, mobile applications or social media accounts) may allow you to post information, photos, content, user submissions and/or upload materials, including video, on live chat and forums (User-Generated Content), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.

 

You agree you are responsible for your User-Generated Content, which includes but is not limited to, any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Website, or that is in any way connected with Services.

 

You agree you may not use the Website to submit, post or display any content that

  • you do not have permission, right or license to use;
  • is objectionable, offensive, unlawful, deceptive or harmful;
  • is personal, private or confidential information belonging to others;
  • requests or displays personal information from a minor;
  • impersonates or misrepresent your affiliation with another person, or entity;
  • may be viewed as spam, including but not limited to, unsolicited or unauthorised advertising, promotional materials, or informational announcements.

 

By posting, submitting, updating, modifying, transmitting or otherwise making available any User-Generated Content on this Website:

  • you grant us a royalty-free, non-exclusive, irrevocable, perpetual, transferable, world-wide licence of the intellectual property rights in the User-Generated Content; and
  • you agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content.

 

  1. Online Shop

 

Orders and Acceptance

 

By placing an order online, you consent to receiving emails from us to complete the ordering process e.g. to confirm your order and to provide fulfilment and delivery updates. You consent to receiving communications from us electronically including marketing and communications. You can choose to opt out of receiving communications from Mind High Club at any time, by following the instructions on the form to update your subscription or data preferences, unsubscribe from our email communications, or email us at hello@mindhighclub.com. For more information regarding email communications and subscriptions, please refer to our Privacy Policy.

 

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Mind High Club reserves the right at any time after receipt of your order to accept or decline your order for any reason. Mind High Club reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting your order.

 

Purchases & Pricing

 

If you are making a purchase through the Website, you acknowledge you have read and agree to be bound by these Terms and Conditions, whether for yourself or on behalf of a minor. By making a purchase you represent and warrant that you are at least 18 years old. If you are making a purchase on behalf of a minor, you warrant you are their parent or legal guardian. If a third party is making the purchase on your behalf, you warrant you have authorised the third party to do so, and you have been advised of these Terms and Conditions.

 

Prices for items or services in an order are fixed once your order has been confirmed. Subsequent price changes will not be retroactively applied to confirmed orders. You agree to pay the total amount listed for each Service as set forth on the Website or otherwise provided to you, including any merchant fees.

 

Transactions are processed in AUD figures, fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees.

 

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Mind High Club shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Mind High Club shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your bank or credit card account charged. If your bank or credit card account has already been charged for the purchase and your order is cancelled Mind High Club shall immediately issue a credit to your credit card account in the amount of the incorrect price.

Gateways and Merchants

 

We may use a payment-processing merchant for purchases and payments, or a payment platform, for which you may be directed off-site. By purchasing the Services, you agree to comply with these terms of purchase as well as those provided by the payment-processing merchant or payment platform.

 

We (or our payment-processing merchant) may securely collect all information obtained during your purchase or transaction for the Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be securely collected. For further details on what information we collect, please see our Privacy Policy.

 

You agree and acknowledge that all information you provide to us through the purchasing service will be true, accurate, current, and complete, including but not limited to your title, name, age, gender, address, and telephone number. You acknowledge and agree that the Company and any relevant third party of our choosing will collect your Personal Information for the purpose of the purchasing service and any additional services you may request. You acknowledge that if we cannot collect this Personal Information and other Personal Information as requested, we will not be able to process your purchase and may not be able to provide you with some or all of our Services. For more information, please refer to our Privacy Policy.

 

Mind High Club uses PayPal as its shopping cart and payment gateway. Payment methods include but are not limited to, credit card and bank transfer. By purchasing via mindhighclub.com you are accepting PayPal’s Terms of Use. For more information, please visit the PayPal website.

We reserve the right to change the preferred payment gateway, from time to time and without notice.

 

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any damage, refunds or other losses of any sort that may be incurred as the result of such dealings with a merchant.

 

Credit Cards, Chargebacks and Payment Security

 

We accept credit card payments for the Services. You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway, unless it is caused by fraud or negligence we are responsible for.

 

To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card(s) for any unpaid charges on the dates set forth herein. You shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance. The Company reserves the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity.

 

Taxes

 

Payments for all Services purchased are inclusive of GST. Upon receipt of payment, you will be issued a tax invoice in accordance with applicable legislative requirements relating to GST in Australia.

 

Limitation of Liability for Products Sold

Except as expressly stated herein, Mind High Club makes no representations or warranties, either express or implied, of any kind with respect to products sold on the site. Except as expressly stated herein, Mind High Club expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Mind High Club arising from any product sold on the site shall be the price of the product ordered. In no event shall Mind High Club, its directors, officers, employees and representatives be liable for special, indirect, consequential or punitive damages related to product sold. 

Shipping & Delivery

 

You acknowledge and agree that Mind High Club is not responsible for the shipping and delivery of any Products purchased through this platform. By purchasing the Products, you agree to review, accept and comply with the shipping terms provided by the third-party supplier and that your sole recourse of action for any issues with your delivery will be between you and the relevant supplier.

 

Cancellations and Refunds

 

Courses and Consultations

 

Whilst Mind High Club makes every effort to avoid clashes and/or cancellation of appointments with experts, the Company, at its sole discretion, may cancel or reschedule your appointment at any time and for any reason prior to the scheduled time.

 

Requests for refunds for courses or consultations must be in writing and will be subject to our sole discretion. Requests for refunds will be assessed on a case-by-case basis and we reserve the right to grant or refuse refunds. We do not offer refunds for change of mind or if you show up late to your appointment. If you voluntarily decide to refuse treatment or withdraw from the Services at any time or for any reason or cancel the Services within twenty-four (24) hours of the scheduled appointment, you will still remain fully responsible for the full cost of the Services.

 

We note that our Services (including, but not limited to, the information provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. We may offer refunds or compensation, where options to resupply or re-schedule the Services have been exhausted or (where applicable) in circumstances where there has been a major failure, where the Services fail to be of acceptable quality, and in exceptional cases, such as injury, illness, death or force majeure.

 

Products

 

The Company, at its sole discretion, may cancel your order for products at any time prior to dispatch. In the event of a cancelled order, funds paid in relation to that order will be refunded in full as soon as is reasonably practicable.

 

You acknowledge and agree you are unable to cancel an order for products once it has been processed. The Company is unable to offer refunds for products that have been opened, apart from exceptional cases. You acknowledge and agree all refunds will be subject to the discretion of the third-party supplier, and that Mind High Club does not have the right to grant or refuse refunds on behalf of that provider. Any requests for refunds require you to send the product back to the Company where we will then pass the product onto the relevant supplier to determine whether to grant or refuse your refund.

 

  1. Intellectual Property

 

These Terms and Conditions do not transfer from us to you or any third parties any of our or third-party intellectual property. All rights, titles, and interests, including without limitation, Intellectual Property Rights, in the Website and Services will remain (as between the parties) solely with the Company. Unless stated otherwise, your use of our Services grants you no right or license to reproduce or otherwise use any of our or third-party intellectual property. For details on copyright protections, please see our Copyright Policy, which forms part of these Terms and Conditions.

 

  1. Access from Outside Australia

 

Mind High Club is based in Australia. If you access the Website or Services from outside of Australia, you do so at your own risk and are responsible for compliance with laws of that jurisdiction. Mind High Club makes no representation or warranty as to whether the Website, the Content or the Services are appropriate, legal or applicable to countries outside of Australia, or whether the information, products or Services are appropriate or available for use in countries outside of Australia, or comply with the laws thereof.

 

  1. Privacy

 

For details on how we how we collect, store, and protect personal information, please refer to our Privacy Policy, which forms part of these Terms and Conditions.

 

 

 

  1. Security of Information

 

While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us via the Website or Services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information. For information on data breaches and data security, please review our Privacy Policy.

 

  1. Maintenance

 

The Company is responsible for the support and maintenance of its Website and Services only. We may at any time and without notice modify, suspend or terminate the operation of, or access to, the Website or any part of for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may also make changes to the Website or Services provided through the Website. Access to the Website depends on telecommunications, service providers and other external factors, we therefore cannot guarantee the availability of the Website at all times or at any specific times.

 

 

 

  1. Termination

 

We, at our sole and absolute discretion, may suspend or terminate your access or future access to the Website or Services effective immediately, with no liability to you or any third party for the following reasons:

  • where you are in breach of any of these Terms and Conditions or any related policies;
  • where at any time you have committed any act of willful or serious misconduct;
  • where you have created a risk or possible exposure for us;
  • where there are unexpected technical issues or problems;
  • at the request of a law enforcement or government authority; or
  • upon a request by you.

 

  1. Assumption of Risk

 

Mind High Club provides personalised content, including video tutorials, meditation and exercises, that can offer assistance to individuals seeking to improve their mental health. Mind High Club also provides nutrition advice via experts and personalised diet and supplement recommendations.

 

By using the Website and/or our Services, you acknowledge you are aware of the inherent dangers associated with physical exercises, diets and supplements, including but not limited to, physical injury, weight loss, illness and allergic reactions. 

 

All content provided by Mind High Club are for informational purposes only. You agree it is your responsibility to seek appropriate medical advice from a doctor or other qualified health provider before engaging in any of our training programs, activities, diets or the consumption of supplements.

 

You expressly assume, without any limitation, full responsibility for any and all risks and agree to release and hold harmless our employees, owners, affiliates, agents, officers, directors, from any and all liability for injury, death, property loss and damage which results from any or all of the above risks.

 

 

  1. Warranties and Liability

 

CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF WE ARE LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT OUR OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT OUR OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

 

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.

 

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY WE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.

 

IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES SHALL WE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE LAST 12 MONTHS.

 

BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

 

WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

 

WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE WE FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.

 

  1. Waivers and Indemnity

 

BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW,  INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY US AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

 

  1. Miscellaneous

 

These Terms and Conditions (and all related documents, policies and legal notices) constitute the entire agreement between the Company and you concerning your use of this Website and supersede all previous agreements or understandings, whether written or oral, in relation to your use of this website.

 

No amendment or variation of the Terms and Conditions will have any legal effect unless such amendment or variation is documented, and the parties agree and sign such a document.

 

If any part of these Terms and Conditions is held invalid or unenforceable, that part may be severed from these Terms and Conditions, and the remaining portions of these Terms and Conditions will remain in full force and effect.

 

The failure of a party at any time to require performance of any obligation under the Terms and Conditions is not a waiver of that party’s right:

  • to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and
  • at any other time to require performance of that or any other obligation under the Terms and Conditions.

 

These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

  1. Governing law

 

The laws of the state of New South Wales, Australia govern this Agreement and any access to or use of our Services. The parties submit irrevocably and unconditionally to the non-exclusive jurisdiction of the courts of New South Wales, Australia to resolve any dispute or claim between the parties arising from or in relation to these Terms and Conditions.