Terms of Use


WEBSITE TERMS OF USE

www.thewomenshealthcollective.com (the “Website”) is a website operated by The Women’s Health Collective Pty Ltd (ACN 638 511 770) with its principal place of business at 14 Bramcote Street, Chermside West, Qld 4032 ("we", "us" and "our"). The terms, conditions, notices and disclaimers contained in this document (together, the “Terms of Use”) govern your use of the Website and all free content we provide on the Website, including podcasts, blog posts, articles, webinars and videos (the “Content”). In these Terms of Use, when we say “you” we are referring to any person who accesses any Content on the Website. By accessing and browsing the Website and/or the Content, you agree to be bound by these Terms of Use.  


We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, we recommend that you periodically review the Terms of Use. You agree to be bound by any changes, modifications or revisions to the Terms of Use as made by us from time to time.


Medical Disclaimer

The Content is provided for information and educational purposes only and is intended for use by allied and registered health practitioners, within the area of their expertise and qualification. We have not verified the completeness, accuracy or timeliness of the Content. You represent and warrant that you will not:

·       personally use the Content as a substitute for medical advice, diagnosis or treatment from a medical practitioner. You should always seek the opinion of a medical practitioner regarding any medical or health questions or concerns you have in relation to yourself. Do not disregard the opinion of a medical practitioner or delay seeking treatment as a result of anything in the Content; and

·       if you are an allied or registered health practitioner, use any knowledge or skills acquired as a result of accessing the Content in areas outside of your qualification or scope of practice.  



Restrictions

In using the Website, you must not:

·       violate any applicable laws, or use the Website or the Content for any purpose that is unlawful or prohibited by the Terms of Use;

·       provide inaccurate, false or misleading information;

·       impersonate any person;

·       post any content that is obscene, defamatory, threatening, abusive or indecent; 

·       distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;

·       collect or store personal information about other users; 

·       use, copy, modify or distribute the content of other users without their consent;

·       violate any third-party rights;

·       use the Website to engage in any advertising or marketing of products or services, unless we give prior written authorisation; 

·       use any bot, crawler, spider or other automated program to access the Website or harvest the Content for any purpose without our permission; or

·       engage in any other conduct that inhibits any other person from using or enjoying the Website.


We may restrict your access to the Website, block accounts or refuse to register accounts without warning where we determine that you have violated the Terms of Use. We may take these steps in our absolute discretion and without incurring liability to you.


Your Account 

If you create an account, you are responsible for choosing a password and keeping it secure. You must not disclose your password to another person. You are responsible for all activities under your account, including any misuse of your account. If you lose of forget your password, you will need to reset it. We do not have access to your password. You must notify us immediately if you become aware of any compromise to or misuse of your account.


Intellectual Property

You acknowledge that the Website and the Content is subject to copyright and other intellectual property rights (“Intellectual Property Rights”). All right, title and interest in the Content is owned and retained by us (or our licensors) and nothing we or you do in relation to the Website will transfer any Intellectual Property Rights to you. The Content is for your personal educational use only and must not be commercially exploited by you. You must not use, copy or adapt any of the Content in any way that suggests it was created by you. 


Our name, logo and all related names, logos, product and service names, designs and slogans, are our trademarks or those of our affiliates or licensors. You must not use, copy or reproduce such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.


When you post content on the Website, you grant to us and represent that you have the right to grant to us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the content for the purposes of managing the Website. You waive all moral rights you have in that content to the fullest extent permitted by law and consent to us doing anything in relation to your content that would otherwise infringe any past, existing or future moral rights in that content. You indemnify us against any loss, cost, expense, damage or liability arising from an action, claim or proceeding alleging that your content infringes the Intellectual Property Rights of any person. 


Without limiting the foregoing, you agree not to reproduce, copy, share, sell, resell, publish or exploit for any purposes any aspect of the Website or the Content (other than your own content) without our written consent. You also waive all moral rights you have in that content to the fullest extent permitted by law. You agree that we may take urgent injunctive action against you should you breach our Intellectual Property Rights.


You may create a hypertext link to the Website, provided the link does not state or imply any sponsorship, endorsement by, or ownership in the Website and does not state or imply that we have sponsored, endorsed or have ownership rights in your website.


Liability

All express or implied warranties, representations, statements, terms and conditions relating to these Terms of Use that are not contained in these Terms of Use, are excluded to the maximum extent permitted by law.

Except for your statutory rights, with respect to the Website and the Content:

  • the Content is provided to you without warranties of any kind, either express or implied;
  • we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose;
  • we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; 
  • we do not warrant or make any representation regarding your access to, or the results of your access to, the Website and the Content, including its correctness, accuracy, timeliness, completeness, reliability or otherwise; 
  • we are not responsible for and make no warranties in relation to any third-party links on the Website or the content of any third-party website linked to from the Website; and
  • we are not responsible for and make no warranties in relation to the accuracy of any content posted by a user on the Website.


To the maximum extent permitted by law:

·       our maximum aggregate liability for all claims relating to your use of the Website and the Content, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to AUD$100;

·       our liability to you is reduced to the extent that your acts or omissions (or those of a third party) contributed to or caused the loss or liability;

·       we will not be liable 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 any use or access of, or any inability to use or access, the Website or the Content.


Indemnity

You agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs, losses and expenses arising out of or in connection with your use of the Website or the Content.


Privacy

In using the Website, you may give us personal information. By using the Website, you grant us consent to use your personal information in accordance with our Privacy Notice, which is incorporated into and forms a part of these Terms of Use.


General

Neither we nor you will be liable for any delay in performing an obligation under these Terms of Use, if such delay is caused by circumstances beyond our or your reasonable control.


If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.


These Terms of Use are governed by the laws of New South Wales, Australia, and we and you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.


We and you agree that we may communicate with each other electronically, including by sending electronic notices.


Unless the context otherwise requires, in these Terms of Use, the plural includes the singular and vice versa.


The provisions of these Terms of Use which by their nature should survive termination or expiry of these Terms of Use will survive termination or expiry of these Terms of Use.

1. Terms

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.


2. Use License

  1. Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  2. modify or copy the materials;
  3. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  4. attempt to decompile or reverse engineer any software contained on the School’s web site;
  5. remove any copyright or other proprietary notations from the materials; or
  6. transfer the materials to another person or 'mirror' the materials on any other server.
  7. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.


4. Limitations

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.


5. Revisions and Errata

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.


6. Links

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.


7. Site Terms of Use Modifications

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.


8. Governing Law

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.