Terms + Conditions of Use

Last updated as of June 2015

1. Agreement


  1. This website is provided by Digital Wellness Pty Ltd (ABN 146 294 788 60) (DW).
  2. These terms and conditions (T&Cs) apply in relation to your use of this website.
  3. Your use of this website is also governed by Digital Wellness's Privacy Policy. DW's Privacy Policy sets out how DW may collect, store and disclose your personal information.
By accepting these T&Cs, you agree that:
  1. these T&Cs form a binding agreement between you and DW; and
  2. you consent to the terms of DW’s Privacy Policy.




2. Use of this website


  1. You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access and use this website.

  2. You must not engage in any activity through use of this website to:

    - advertise, transmit or solicit any commercial messages;
    - engage in any illegal, unethical or immoral conduct;
    - mine or collect information or data from this website;
    - manipulate, damage, interfere with or impair the functionality any of this website;
    - breach any applicable law or any third party’s rights (including, without limitation, intellectual property rights);
    - disrupt, overburden or assist in such disruption or overburdening of any computer server or network;
    - harass, abuse, harm, threaten any person or group of persons or incites or is likely to incite any such activity; and/or
    - mislead or deceive any person.




3. Intellectual Property


  1. All intellectual property rights in and to this website (including all virtual items, software, files, concepts and content) and the services provided through it vest in DW or its licensors.
  2. You acknowledge that you have no right title or interest in or to any aspect of this website or the services provided through it.
  3. Nothing in these T&Cs assigns to DW any intellectual property rights in or to any content you provide to SPH through the website (Your Content).
  4. You hereby grant to DW a worldwide, non-exclusive, royalty and licence fee free licence (including the right to sublicense) to access, use and exploit Your Content for the purposes of the conduct by DW of its business.
  5. You hereby indemnify and release DW from and against all actions, suits, claims, demands, losses, liabilities, damages, costs and expenses which may be made or brought against or suffered or incurred by DW as a result of the exercise by DW rights granted by you under paragraph (d) above.




4. Advertising


You acknowledge that:

  1. this website may contain advertising and links to third party products and services;
  2. you are entirely responsible for any fees or obligations you incur with respect to such third parties;
  3. except as expressly set out on this website, DW makes no warranties or representations in respect of, and do not sponsor or endorse, such third parties or their products and services; and
  4. third party websites are not necessarily under DW’s control and your use of them will be subject to the terms and conditions and privacy policy of the relevant third party.




5. Events outside DW’s Control


You acknowledge that there are many situations that may affect your enjoyment of this website. Accordingly, to the maximum extent permitted by applicable law DW has no liability to you whatsoever in relation to any claim arising from:

  1. the actions or omissions of third parties who may provide products and services to you in connection this website; and/or
  2. unforeseen events beyond DW’s reasonable control (including, without limitation, fire, flood, acts of war or terrorism, acts of God, acts of government, telecommunication failures, civil unrest and accidents).




6. Limitation of liability and idemnity


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: 1. DW MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER TO YOU;

  1. DW HEREBY EXCLUDES ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WHETHER EXPRESS OR IMPLIED (AND INCLUDING WITHOUT LIMITATION, THOSE IMPLIED BY STATUTE, CUSTOM, LAW OR OTHERWISE);
  2. DW’s CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS MADE BY YOU UNDER OR IN RELATION TO THESE T&CS, THE PRIVACY POLICY, YOUR PURCHASES OR YOUR USE OF THIS WEBSITE WILL NOT EXCEED IN AGGREGATE THE $A500;
  3. SPH WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY CLAIM FOR ANY LOSS OF PROFIT, DATA, GOODWILL OR BUSINESS, FOR INTERRUPTION TO BUSINESS, FOR ANY FAILURE TO REALISE ANTICIPATED SAVINGS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL PUNITIVE OR INCIDENTAL DAMAGES.
2. CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE T&CS AND THE PRIVACY POLICY MUST BE READ SUBJECT TO THOSE STATUTORY PROVISIONS. IF THOSE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH SPH IS ENTITLED TO DO SO, DW LIMITS SPH’S LIABILITY IN RESPECT OF ANY CLAIM TO, AT SPH’S OPTION:
  1. IN RELATION TO SERVICES:
    - THE SUPPLY OF THE SERVICES AGAIN;
    - THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN; AND
  2. IN RELATION TO GOODS:
    - THE REPLACEMENT OF THE GOODS OR THE SUPPLY OR EQUIVALENT GOODS;
    - THE REPAIR OF THE GOODS;
    - THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING
    - EQUIVALENT GOODS; OR
    - THE PAYMENT OF HAVING THE GOODS REPAIRED.




7. General


  1. DW may assign the benefit of these T&Cs and Privacy Policy to any person without your consent. You may only assign the T&Cs and Privacy Policy or a right under them with DW’s prior written consent that may be withheld or granted in DW’s absolute discretion.
  2. The T&Cs and Privacy Policy constitute the entire agreement between the parties in connection with their subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.
  3. If the whole or any part of a provision of the T&Cs and Privacy Policy is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If however, the whole or any part of a provision of the T&Cs and Privacy Policy is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of the T&Cs and Privacy Policy or affecting the validity or enforceability of that provision in any other jurisdiction.
  4. A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise by a party of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
  5. These T&Cs and Privacy Policy do not create a relationship of employment, trust, agency or partnership between the parties.
  6. YOU IRREVOCABLY WAIVE YOUR RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF TO RESTRAIN THE OPERATION OF ANY ELEMENT OF THE SERVICES AND YOU AGREE TO LIMIT YOUR CLAIMS AGAINST DW TO CLAIMS FOR MONETARY DAMAGES.
  7. These T&Cs and the Privacy Policy will be governed by and construed in accordance with the law for the time being in force in New South Wales, Australia and the parties, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that State.




8. Complaints


You may lodge a complaint with the Company’s Chief Operating Officer either by mail to PO Box 1971, North Sydney NSW 2059, by telephone on (02) 8294-9126, by facsimile on (02) 9923 8223 or by email to info@digitalwellness.com.au.

The Company will inform you how your complaint will be handled.

If you are not satisfied with how the Company has handled your complaint, you are entitled to lodge a complaint with the following offices, depending on the specific area:

Privacy

If your complaint is regarding how Digital Wellness have handled your Personal Information, you are entitled to lodge a complaint with the Office of the Australian Information Commissioner. Information regarding how to lodge a complaint is available from the Commissioner's website at www.oaic.gov.au or by ringing the Commissioner's information line on 1300 363 992.

Healthcare

If your complaint is regarding how Digital Wellness have handled your Health Care services or any of the Practitioners, you are entitled to lodge a complaint with the Health Care Complaints Commission. Information regarding how to lodge a complaint is available from the Commissioners website at https://www.hccc.nsw.gov.au/Complaints/Complaints.

Consumer

If your complaint is regarding how Digital Wellness have handled your Consumer rights, you are entitled to lodge a complaint with the Australian Competition & Consumer Commission. Information regarding how to lodge a complaint is available from the Commissioners website at https://www.accc.gov.au/consumers/complaints-problems/make-a-consumer-complaint





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