I agree to the following Terms and Conditions -
TERMS AND CONDITIONS – HABITS FOR WELLBEING PTY LTD
1.1. These terms and conditions apply to members, participants or attendees (You or Your) of any programs, services, webinars, coaching meetings or any other offerings provided by Habits for Wellbeing Pty Ltd (HfW) from time to time (Services).
1.2. HfW will provide the Services to You, with pre-selected or pre-agreed dates, all of which may be amended from time to time by HfW. You will receive all Services that are outlined on any application form or packages information You may be presented with and required to sign or otherwise accept.
2. Services and Fees
2.1. On acceptance of these terms and conditions, all fees become immediately payable by You to HfW. HfW is under no obligation to provide the Services until full payment is received.
2.2 The fees for the Services (Fees) are payable upfront in full and due 2 weeks prior to the Services commencing. The Fees are to be paid based on instructions for payment provided by HfW . HfW reserves the right not to permit access to You or any attendee to the Services if the Fees are not made.
2.3 The Fees are exclusive of GST and where relevant, You will receive a valid Tax Invoice for payment and any associated receipt. All Fees are in Australian dollars.
2.4. If You are unable to attend or fulfil any of the Services, You acknowledge that HfW is not required to offer to You any refunds.
2.5. You understand that once You have agreed to these terms and conditions, You become bound by confidentiality in respect of any matters that may be raised by other attendees who also may participate in the Services, where those Services involved multiple participants. Any breach of confidentiality will result in HfW not providing to You any further Services. You also indemnify HfW for any loss, claim or damage that may result in Your breach of confidentiality.
2.6. The Services are educational and general in nature. You bear sole responsibility for the use and implementation of the Services. You agree not to hold HfW or any of its speakers or facilitators liable for any reliance that You may place on any outcome expected to be achieved from the Services.
2.7. Where You are not satisfied with the Services provided by HfW, then there is no entitlement to a refund, credit or any other recourse against HfW.
2.8. HfW may from time to time, alter the content or structure of the Services as it considers necessary.
2.9. HfW may on 7 days’ notice terminate the Services to You if HfW deems that You have breached any of these terms and conditions or You engage in unprofessional and/or defamatory conduct and/or any conduct which may bring any association between You and HfW into disrepute.
3. Access to Website
3.1 If You do not comply with these Terms & Conditions at any time, HfW reserves the right to cancel or terminate any password, user account, and/or access You may have been given to www.habitsforwellbeing.com (Website) or the Services. HfW may without notice to You discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website and the Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website or Services.
3.2 Unless otherwise specified, HfW grants to You a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided for your personal, non-commercial use, provided that You comply with these Terms & Conditions.
3.3 You acknowledge that the Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (Content) that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies. All trademarks appearing on the Website are trademarks of their respective owners. When Content is downloaded to Your computer, You acknowledge that You do not obtain any ownership interest in the Content and any modification of the Content or use of the Content is strictly prohibited.
3.4 These Terms & Conditions apply only to the Website and Services, and not to the websites of any other person or entity. HfW may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that HfW is not responsible for the availability of such external sites or resources, and does not endorse (and are not responsible or liable for) any content, advertising, products, or other materials, goods or services on or available from such websites or resources.
3.5 You may order services, merchandise or other products through our Website from other parties (Third Party Sellers). All matters concerning the services, merchandise and other products promoted by or available from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are between You and the Third Party Sellers. HfW makes no warranty or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider HfW a party to such transactions, whether or not HfW may have received some form of revenue or other remuneration in connection with such transactions. HfW will not be liable to You or any other person for any costs or damages arising out of or relating to, either directly or indirectly, such transactions.
3.6 You further acknowledge and agree that, under no circumstances, will HfW be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to You in connection with Your use of, or reliance on, any content, advertisements, products or other resources, goods or services available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
4. Intellectual Property
4.1 The Services remain the property of HfW or its keynote speakers where relevant at all times and are protected by copyright laws. Any attempt to reproduce the Services is prohibited.
4.2 Any materials provided by HfW are confidential and proprietary, and cannot be used, disclosed or duplicated, except with the express prior written consent of HfW.
4.3 HfW respects the intellectual property of others, and asks You to do the same. HfW may terminate the rights of any user to use our Website (or any part thereof) who infringes the intellectual property rights of others.
5.1 Under no circumstance does HfW indemnify You or any of Your related companies, against liability, loss, damage, costs and expenses (whether direct or indirect) suffered by You or any of Your related companies for the loss of revenue or profits, in relation to any breach of warranty or representations, any infringement claim, or any liability under relevant laws or a claim arising out of the Services or use of the Website, directly or indirectly as a result of the provision of the Services.
5.2 You indemnify and undertake to hold HgW harmless from and against all claims, suits, losses, liabilities (including Your reasonable legal fees), damages, loss and expenses from or in connection to the Services.
6.1 HfW respects Your personal details and agrees to comply with the Australian Privacy Principles to keep Your personal details safe.
6.2 HfW never send unsolicited emails and will never add You to the HfW database unless You have given Your prior consent to HfW. Any newsletters You will receive will always allow You to change Your email preferences or unsubscribe completely, at any time and for any reason.
6.3HfW will collect Your contact details and this information may be used to inform You about upcoming activities and promotional material which may be useful to you. HfW also monitors who is accessing the Website or using the Services promoted on the Website,
6.4 If You request us not to use Your personal information in a particular manner or at all, HfW will adopt all reasonable measures to observe Your request, except where the use or disclosure is reasonably necessary to assist a law enforcement agency, an agency responsible for government or public security in the performance of their functions; audits by a regulatory body or HfW is required by law to disclose the information. HfW will also preserve the content of any e-mail You send us if HfW believes it has a legal requirement to do so.
6.5 You are entitled to have access to any personal information relating to You which You have previously supplied to HfW. You are entitled to edit or delete such information unless HfW is required by law to retain it in its original form. If You wish to make an enquiry regarding any personal information relating to You which may be in our possession, please email firstname.lastname@example.org.
6.6 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. HfW does not warrant and cannot ensure the security of any information which You transmit over the Website. Nevertheless, once HfW receives your transmission, all reasonable steps will be taken to preserve the security of such information
7.1 If a party considers that a dispute has arisen, that party must send a notice to the other party setting out a full description of the matters in dispute. The parties must then attempt to resolve the dispute. If the dispute is not resolved within 30 days, either party may initiate legal proceedings.
7.2 HfW may amend these terms and conditions and should this occur, a copy of any revised terms and conditions will be sent to You.
7.3 If any of these terms and conditions are ruled as invalid or unenforceable, the remaining provisions will continue to be in full force and effect as if it had never been included in this document the first instance.
7.4 These terms and conditions supersede all previous proposals, negotiations, discussions whether verbal or written, explicit or implied. Where You are required to sign a HfW Participation Agreement or acknowledge any other terms for the Services via the Website, these Terms and Conditions prevail and supersede any inconsistencies, where inconsistencies may arise.