Please read the following terms relating to the services, which are provided by Wellbeing Australia Network A.C.N.154 529 834 (we, us, our, or Wellbeing Australia).
Your decision to register to become a Member and access the Services means you acknowledge that you have read, understood and agree to be bound by the terms contained in this agreement (Terms). These Terms govern your use of the services offered under the ‘Standard’ Membership, ‘Professional’ Membership and/or the ‘Organisational’ memberships (the Services). Your access to the Services is conditional upon your acceptance and ongoing compliance with these Terms.
We may at any time and at our sole discretion, amend, revise or modify these Terms and/or the Services. This may result in additional services being provided, or some of the existing services being terminated.
Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review these Terms. You agree to be bound by such changes, modifications or revisions as made by us from time to time.
Accessing the Services
Wellbeing Australia provides Members with access to restricted areas of the Wellbeing Australia website, which is located on the www.wellbeingaustralia.com.au website (the Website). You must be a current and valid Member to access the Services and the associated benefits.
Once you become a Member, your Membership is ongoing, until such time that your Membership and/or agreement with us is terminated, in accordance with these Terms.
Membership
Membership entitles you to a non-exclusive, non-transferable right to access and use the Services, subject to these Terms. Membership occurs when you register to become a Member, at which time, you warrant and represent that:
- you meet all applicable legal requirements, including age requirements, for doing so;
- you have authority to agree to these Terms;
- the information you provide when registering to become a Member is accurate, and that you will keep your contact information up to date;
- you will not use any user name or display name that is likely to mislead or deceive other users;
- you will not use any user name or display name that incorporates the name, image or likeness of another person;
- you are not registering to become a Member for anyone other than yourself or the organisation that you represent;
- you will not transfer your Membership to any third party, without our prior written permission;
- you will keep your Membership secure and that you will not share your password or Membership, or do anything else so as to jeopardise the security of your Membership;
- you will notify us immediately if you believe that any files or information you have accessed via the Services and/or the Website, contains viruses, spyware or other forms of malware;
- you have read and understand the Terms and agree to be bound by them; and
- you will only use the Services and your Membership for lawful purposes.
You further agree and acknowledge that you are solely responsible for keeping all relevant and personal information, including but not limited to your Membership user name, passwords and other security features, confidential and secure to prevent unauthorised use of your Membership. If you reasonably suspect that the security of your Membership is compromised, you must notify us immediately. You agree to be solely responsible for any conduct associated with, or originating from, your Membership.
To the full extent permitted by law, we exclude liability or responsibility for any damages, liabilities, costs and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, any breaches of the security of your Membership account, resulting from your act or omission to act.
From time to time, you may change information relating to your Membership. You undertake to update your Membership details with true and accurate information at all times. We undertake to take all due care with any information you provide to us when creating, updating and accessing your Membership, and we are bound in compliance with:
- Australian Privacy Laws, as set out in our Privacy Policy; and
- the General Data Protection Regulation (GDPR), as set out in our Privacy Policy (GDPR)
Prohibited conduct
In relation to the Website and/or Services, you must not:
- use the Website and/or the Services for any activities or post or transmit via the Website and/or Services, any information or materials that may breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
- use the Website and/or Services to post or transmit any material that may interferes with other users or defames, trolls, harasses, bullies, intimidates, threatens, abuses, menaces or restricts any person or which inhibits any user from using the Website and/or Services;
- use the Website and/or Services to post or transmit any material where doing so violates the intellectual property rights, confidentiality or trade secrets of another party;
- use the Website and/or Services to post or transmit content that contains violence (including self-harm), hate speech, obscenity, nudity or pornography;
- use the Website and/or Services to send unsolicited email messages;
- use the Website and/or Services to express any view that may be of a religious, political, sexist or financial nature;
- use the Website and/or Services for the purpose of advertising, selling or offering for sale, any third party product or service;
- use the Website and/or Services to post or transmit content that contains, or amounts to, advertisement, attempted business solicitations, marketing materials or sales promotional materials;
- in any way tamper with, hinder or modify the Website and/or the Services;
- knowingly transmit any viruses, spyware or other forms of malware or other disabling features to the Website and/or Services or via the Website and/or the Services; or
- attempt any of the above acts or encourage, or facilitate, or assist another person to do any of the above acts.
Monitoring
Wellbeing Australia may monitor the activities and conduct of Members. We may also use keyword monitoring whereby certain key words may alert and trigger investigation. Wellbeing Australia reserves the right to employ any other measures we deem reasonable to monitor users in order to prevent the misuse of the Website and/or the Services in regards to any illegal or criminal activity, or other activity contrary to these Terms.
Wellness Australia and user generated content
We do not endorse or lend any credence for any statements that are made by any users of our Website.
You are fully responsible for your own statements and materials that you may post, store or distribute via our Website and any consequences, whether or not foreseen, to any party who may rely upon these statements or materials. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
You agree that we may delete any statements and materials that you post, store or distribute via the Website, for any reason, in our sole discretion. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content.
By posting, storing or distributing any information, statements, materials or other content via our Website, you grant us a perpetual, irrevocable, royalty free licence in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known, or later discovered.
Payment for the Services
You acknowledge and agree that:
- the Membership Fee must be paid in full via PayPal, credit card, or any other payment method that Wellbeing Australia may agree to accept, from time to time;
- Wellbeing Australia reserves the right to vary Membership Fees, from time to time; and
- the Membership Fees are non-refundable, where the Services have been provided in accordance with these Terms.
Membership Fees are in Australian Dollars (AUD) and are inclusive of GST.
Intellectual property
All material contained in, or connected with the Website and/or the Resources, are owned or under licence by Wellbeing Australia and protected by Australian and international laws.
Your use of the Website and/or the Resources does not grant you a licence or act as a right of use of any of the material (including trade marks or logos) contained in the Resources or displayed on the Website, without the express written permission of Wellbeing Australia.
Wellbeing Australia owns the copyright, which subsists in all creative and literary works that are contained in the Resources and displayed on the Website, subject to certain works being under licence. You must not:
- reproduce any of the material contained in the Resources and displayed on the Website; or
- in any way modify the material contained in the Resources and displayed on the Website.
In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute any material or trade mark connected with the Resources or the Website, in any way except as expressly permitted by Wellbeing Australia.
Enforcement of our intellectual property rights
Wellbeing Australia will not, under any circumstances, tolerate infringement of its intellectual property, whether such infringement is inadvertent or otherwise. In the event that you do any of the prohibited acts as listed above or infringe upon its intellectual property in any other way, Wellbeing Australia will enforce its intellectual property rights against you.
Term of agreement
Commencement
These Terms commence on the Membership Date and will, subject to renewal, continue until such time that they are terminated under these Terms.
Acceptance will be deemed to have occurred when Wellbeing Australia communicates its acceptance to you in writing, including via email.
Data Collection
Wellbeing Australia may gather the data that you provide at the time of registering to become a Member, in order to improve the opportunities available to all Members. This data will be used only in accordance with the Wellbeing Australia privacy policies, as referred to above in these Terms.
Termination
Wellbeing Australia may terminate these Terms if you have committed any material breach of these Terms and in the case of a breach capable of being remedied, you have failed to remedy the breach within seven (7) days after the receipt of a written request from Wellbeing Australia.
You may terminate or upgrade your Membership at any time.
Wellbeing Australia will, upon termination of your Membership and/or these Terms disable your user name and password and consequently, deny you access to the Services.
Representations and warranties
Subject to all applicable laws, all Services provided to you by Wellbeing Australia, via the Website, are provided ‘as is’ and we make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.
The information presented in the Resources and on the Website is to only serve as general information only. It is not intended to be comprehensive, nor does it constitute advice in any way. We attempt to ensure that the content is current and accurate, but we do not guarantee its currency and accuracy. You should carry out your own research and/or seek your own advice before acting or relying on any of the information presented in the Resources or displayed on the Website. To the fullest extent permitted by the law, Wellbeing Australia disclaims all liability (whether arising by negligence or otherwise) to any person, in respect of action taken in reliance on the information contained in the Resources or displayed on the Website.
You acknowledge, accept and agree that by using the Resources, you are fully responsible for the results derived from using the Resources. Therefore, we offer no representations, warranties or guarantees, verbally or in writing, regarding your performance or any certain results that you may or may not achieve as a consequence of your use of the Resources.
Exclusions and Limitations of Liability
To the extent permitted by law, Wellbeing Australia will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:
- suspension or cancellation of your Membership;
- your use of the Services and/or the Resources;
- any interruptions or delays in accessing the Website or any third party websites; or
- circumstances beyond the reasonable control of Wellbeing Australia,
whether in contract, tort (including negligence) or otherwise.
All conditions and warranties, which may be implied by law into these Terms, are excluded except to the extent that it would be unlawful to do so.
To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Terms, is limited, at our option, to one or more of the following:
- the resupply of the Services; or
- the payment of the Membership Fee, where applicable
Indemnity
To the full extent permitted by law, you agree to indemnify Wellbeing Australia from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from your use of the Services.
Notices
Any notice to be given by Wellbeing Australia under these Terms, or in relation to the Services, must be provided to us via <a href=”mailto:admin@wellbeingaustralia.com.au”>email</a>. Such notice shall be deemed to have been given at the time the email was received by Wellbeing Australia.
Assignment
You shall not assign, transfer or sub-licence any of your rights or obligations under these Terms, except with the prior written consent of Wellbeing Australia.
Miscellaneous
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website and/or Services may not be legal by certain persons or in certain countries. If you access the Website and/or Services, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction, and any other laws applicable to you.
All rights not expressly granted in the Terms are reserved.
If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent, or similar, breaches of these Terms by you.
Where you have deleted data, including personal information, such data may persist in back-up copies for a reasonable time.
Jurisdiction and Applicable Law
These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflict of law provisions. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them for determining any dispute concerning these Terms. This clause will survive a termination of these Terms.
DEFINITIONS
In this document:
Member means the person, who has registered to become a Wellbeing Australia member.
Membership means a Wellbeing Australia membership.
Membership Date means the date that a person registers to become a Member.
Membership Fees means the fees that are payable to Wellbeing Australia in relation to a Membership.
Resources means the Wellbeing Australia resources that you may access via your Membership.
Services means the services that Wellbeing Australia provides to its Members, pursuant to the ‘Standard’ Membership. ‘Professional’ membership and/or the ‘Organisational’ Memberships.
Terms means this Wellbeing Australia Membership Terms document.
Website means the website displayed at www.wellbeingaustralia.com.au.
Contacting us
Please email us if you have any questions relating to these Terms.
These Membership Terms were last updated on 22 October 2019.
