TERMS & CONDITIONS OF USE
In these Terms:
1.1 Facebook Group means the private group at www.facebook.com.
1.2 Order Form means the online form to be completed by you in relation to the purchase of the Program on the Registration Page.
1.3 Party means us or you together.
1.4 Program means the Highway to Health 21-day program.
1.5 Registration Page means the Stripe registration and payment plugin, which may be accessed via the Website.
1.6 Service or services means the provision of the Program.
1.7 Terms means these terms and conditions.
1.8 We, our or us means Cooee Fit Group Pty Ltd as trustee for The Makimumu Trust trading as Highway to Health Nutrition.
1.9 Website means www.highwaytohealth.com.au.
1.10 You or your means you, the user or browser of the Website.
2. What this document is about
2.1 This document records the Terms which govern your use of our Website, including the use of the information provided through our Website, and the Services.
2.3 We may change these Terms at any time and without notice to you. You should review these Terms from time to time. If you continue to use the Services and visit the Website after a change is made to the Terms, you are deemed to have accepted the Terms as amended.
3. Your use of the Website and services
3.1 To register for our Services you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Order Form; and
(b) maintain and promptly update the information to keep it true, accurate, current and complete.
3.2 As part of the registration process you will create an account. You are responsible for maintaining the confidentiality of the account and are fully responsible for the activities that occur under your account.
3.3 We will process your registration to access and use the program as soon as possible.
3.4 We reserve the right to reject your registration for any reason whatever.
3.5 We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with these Terms, your registration obligations or from any unauthorised access to or use of your account.
3.6 You warrant that you are over 18 years old. If you are younger than 18 years old and you wish to purchase our program you must first obtain the consent of your parent or guardian and he/she must agree to be bound by the Terms.
Fees and payments
3.7 To have access to the Service you must pay any and all fees, charges and other amounts payable by you under or in connection with these Terms on the Registration Page, plus any GST on the same.
3.9 You must not for any reason whatever withhold or suspend payment of any amounts payable under or in connection with the supply of the Services.
3.10 You must provide us with current, complete and accurate purchase and account information for all purchases made on the Registration Page.
3.11 If we expressly agree in writing with you an alternative method of payment, we will invoice you for the fees in advance and otherwise in accordance with our agreement with you. In that case you must pay us the amount specified in the invoice, including the GST, in full within 7 days of the date of the invoice unless we expressly agree otherwise with you in writing.
3.12 We will not give you a refund or credit of fees unless we are required to do so by statute or you would like to cancel your order in accordance with the terms set out below.
3.13 We will not be liable for any loss or damage you incur arising from your use of the payment method unless caused by our fraud or the fraud of our employees.
Delivery of the program
3.14 Subject to you paying the price of the Services, we will use reasonable endeavours to deliver the Program to the email address nominated on the Order Form by you.
3.15 We take no responsibility for incorrect or delayed delivery.
3.16 Our Program shall be delivered as described from time to time. There may only be a limited number of Programs available and we reserve our rights to determine the availability of the Program.
3.17 Prices for our Services are subject to change without notice.
3.18 We reserve the right to modify or discontinue the Services, or any part of the content of the Program or Website, without notice. We shall not be liable for any modification, price change, suspension or discontinuation of the Services.
3.19 We do not warrant that the quality of the Services, Program, Website or information otherwise obtained by you in connection with the Services, Program or Website will meet your expectations or that any errors in the services will be corrected.
3.20 We reserve the right to deny sending you the Program for any reason. If you register for the Program and we wish to deny delivery we will make a full refund to you at our earliest convenience.
3.21 If you register for the Program by mistake or decide that for any reason you would like to cancel your registration you can only do so by notifying us by email at email@example.com. You must include the following information in your request to cancel your registration:
(a) your name and contact details;
(b) the date of the registration or purchase and price of the Program; and
(c) the reason you are cancelling your registration.
3.22 You may cease your use of the Services at any time and for whatever reason.
3.23 We may terminate your use of the Services immediately if in our reasonable opinion you fail or we suspect you to fail to comply with the terms of these Terms.
3.24 If you fail to pay any amount, or part of any amount, that is due and payable to us in connection with the supply of the Services we may terminate your use of the Services.
3.25 If your use of the Services is terminated or cancelled for any reason whatsoever we will not give you a refund or credit unless we are required to do so by statute or you have cancelled in accordance with the terms above, and you will remain liable for all amounts due up to and including the date of termination.
4. User generated content
4.1 If you join our Facebook Group as a member you have access to a commenting service from Facebook, which enables you to leave comments and share them on the Facebook platform.
4.2 We do not warrant or guarantee that the Facebook Group is free from errors, and you should take care before deciding whether to upload any user content. In particular you should be aware that anything you post to the Facebook Group may be downloaded by another person and we may not be able to control the further disclosure and publication of that post.
4.3 Notwithstanding that we have the right to monitor and review the Facebook Group from time to time and we may, at our sole discretion and without prior notice to you, remove or edit posts for any reason, we accept no responsibility or liability for anything that is posted to the Facebook Group. We do not authorise, condone or endorse any posts and we are not responsible for such content.
5. Intellectual property rights
5.1 We own, or are the licensed users of, the intellectual property rights arising out of or connected with the Program and the Website, including without limitation all rights in and to any patents, patent applications, trademarks or copyright, and any trade secrets, circuit layout rights, know-how, technical information, data or developments. All of our rights are protected by the laws in force in Australia from time to time.
5.2 You acknowledge and agree that except as expressly provided for in these Terms, you do not acquire anywhere in the world any intellectual property rights of any kind whatever in relation to or in connection with the Program or the Website, irrespective of whether that access or use is authorised by these Terms.
5.3 We grant you a personal, limited, revocable, non-exclusive and non-transferable license to access, view, listen to, use and print the Program and the Website, and its content, solely for your own personal, non-commercial purposes and only for those purposes. You will not, and you will not allow or permit your authorised users or any third party to, copy, modify or create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code of or in connection with the Program, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Program. You agree that you will not modify the Program in any manner or form, or use modified versions of the Program without our prior written consent. You must only access the Program through the interface that is provided by us and strictly in accordance with these Terms.
5.4 We reserve the right to suspend, limit or cancel your registration and your access to the Website and the Services if we reasonably suspect that you are in breach of these Terms.
6. Personal information
7. Liability and indemnity
7.1 You absolutely and unconditionally release and indemnify us and our servants, agents and contractors against all demands, actions, proceedings, suits or claims of any kind which are in any way connected with any breach of these Terms by you, any of your authorised users or any other person for whose acts or omissions you are vicariously liable.
7.2 To the maximum extent permitted by law all terms and warranties express or implied by any legislation, written or unwritten law, equity, trade custom or usage or otherwise in relation to the services we provide to you under or in connection with these Terms are expressly excluded, other than those arising out of the Australian Consumer Law. Our liability for breach of any term, condition, warranty or under any remedy implied by law, which cannot be lawfully excluded will be:
(a) limited (if permitted by law) at out option to resupply of the Services; and
(b) reduced to the extent that any such liability is caused, directly or indirectly, by your negligent acts or omissions and/or any breach by you of these Terms.
7.3 To the maximum extent permitted by law neither Party shall be liable to the other for any loss of income, profits, revenue or savings or for any loss of an opportunity suffered by either Party or otherwise for any indirect, special, incidental or consequential damages arising under or connected in any way whatever with the use of the Website or the Services.
7.4 Except for your obligation to pay money, neither Party shall be liable to the other for any delay or failure to perform its obligation under these Terms if such delay or failure is due to a cause or matter beyond the reasonable control of that Party.
8. Dispute resolution
8.1 You must negotiate in good faith with us to resolve any dispute which arises between us and you under or in connection with these Terms, even if the dispute involves third parties. If a dispute is not resolved within a reasonable time, either Party may refer the matter to mediation and must do so before initiating proceedings in a court to resolve the dispute. Nothing in this clause prevents either Party from applying to a court for urgent injunctive relief.
9.1 Governing Law
These Terms are governed by and are to be construed in accordance with the laws in force in the State of Western Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that state.
9.2 Severable provisions
If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, then that provision shall be severed and the remainder of these Terms shall remain in full force and effect.
The failure by a Party to exercise or delay exercising a right or power does not operate as a waiver of that right or power and does not preclude the future exercises of that right or power. A waiver is not effective unless it is in writing.
10. Contact us
If you have any questions in relation to these Terms please contact us at firstname.lastname@example.org.