Effective Date: 18 July 2021
Global Healthy Living Foundation Pty Ltd ABN 82 609 039 134 (“GHLF”, “we”, “our”, us”) is a non-profit organisation whose mission is to improve the quality of life for people with chronic illnesses. We are an online collaborative collection of health-related topics. We advocate nationally for improved access to care and educate about the importance of diagnosis, early and innovative medical intervention, long-term lifestyle improvement, and therapeutic compliance.
In some instances, additional or different terms, posted on the Site, apply to your use of certain parts of the Site (individually and collectively, “Additional Terms”). To the extent there is conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
These Terms and Additional Terms may change over time, in which case we will post the modified Terms and Additional Terms on this page and change the “Effective Date”. Your use of the Site following a change to these Terms and/or Additional Terms signals your acceptance of the modification(s).
1. Use of the Site
Content. The Site may contain: (i) materials and other items relating to GHLF and its services including layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of GHLF; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All rights, title, and interest in and to the Site and the Content is the property of GHLF, our licensors, or certain other third parties, and is protected by Australian and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. You do not acquire any ownership rights to any Content through your access to, or use of the Site.
Limited License. Subject to your strict compliance with these Terms, GHLF grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, and use the Site, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Site or any Content, and (ii) may be immediately suspended or terminated for any reason, in GHLF’s sole discretion, and without advance notice or liability. Your unauthorised use of the Site or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Restrictions. Persons under the age of 18 are not permitted to use the Site. You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Site and Content. You further agree that you will not: (i) use the Site or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Site or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to GHLF; (iii) harvest any information from the Site or Content; (iv) reverse engineer or modify the Site or Content; (v) interfere with the proper operation of the Site or its security features; (vi) infringe any intellectual property or other right of any third-party; (vii) use the Site or Content in a manner that suggests an unauthorised association with GHLF or any other party, or is beyond the scope of the limited license granted to you; (viii) sell, trade or transfer a membership account to another person or accept or use an account that is not yours; (ix) impersonate any person or entity, falsely claim an affiliation with any person or entity, fore another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site; or (x) otherwise violate these Terms.
Availability and Termination. GHLF may immediately suspend or terminate the availability of the Site, in whole or in part, to any individual user or all users in GHLF’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Site, or upon notice from GHLF, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.
Reservation of All Rights. All rights not expressly granted to you are reserved by GHLF and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorised use of the Site or Content for any purpose is prohibited.
Requests and Notifications. You agree to cooperate with all reasonable requests of GHLF and to notify GHLF promptly upon learning of any actual or suspected unauthorised use or abuse of the Site or Content, or if you breach these Terms.
2. User Content
You agree that you will not engage in any activity or conduct or submit as part of the Site any User Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable and that you will not cause damage, embarrassment, or adverse publicity to GHLF. We reserve the right to remove any User Content posted by you or other members at our sole discretion, for reasons including, but not limited to, that it is unlawful, threatening, libelous, defamatory, fraudulent, obscene, or otherwise objectionable, or because it may infringe or violate any party’s intellectual property or privacy.
You will only submit User Content that is functionally and technically compatible with this Site. You will not attempt to damage, corrupt, tamper with, or infect the Site, the Content, or any information or telecommunication system of GHLF with a virus or other malicious computer program. You will only use the Site for the permitted purposes stated in these Terms and will not engage in abusive activity with respect to the Site or undertake any other activity which may adversely affect the use or enjoyment of the Site by any person. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., network probing tools) is strictly prohibited. If you become involved in any violation of system security, GHLF reserves the right to release your details to system administrators of other sites and services and law enforcement authorities in order to assist them in resolving security incidents.
We may communicate with you electronically in regard to the Site, including by email, and we may collect information related to communications between you and GHLF. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site, your action is intended as an electronic signature which binds you as if you had signed on paper.
You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect your access to the Site. Please note that we reserve the right to send you certain communications relating to your account or use of our Site, such as administrative and service announcements, and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
4. Access to the Site
Your use of the Site must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by GHLF in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Site or to receive any communications from GHLF.
Accessing some of the Content may require the creation of an account. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access and for all activity under your account. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us at [email protected] of any unauthorised use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorised use thereafter. You will not sell, transfer, or assign your account or any account rights.
The Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of GHLF, access to the Site may be interrupted, suspended, or terminated from time to time. GHLF shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, Content, hours of availability, and equipment needed for access or use.
5. Warranty Disclaimer
FOR AUSTRALIAN “CONSUMERS” (AS DEFINED UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH)), OUR SERVICES COME WITH CERTAIN GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW AND NOTHING IN THESE TERMS (INCLUDING SECTIONS 5, 6 AND 7) RESTRICTS, EXCLUDES OR MODIFIES THOSE GUARANTEES WHERE APPLICABLE.
THE SITE, ITS CONTENT, AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. GHLF DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. Limitations on Liability and Remedies
TO THE EXTENT PERMITTED BY LAW, GHLF’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH GHLF (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SITE. GHLF AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF GHLF HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GHLF AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. GHLF DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH A WEBSITE OR AS PART OF THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF GHLF WILL BE LIMITED TO ANY AMOUNT PAID TO GHLF BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES THAT UNDERLIE THE CLAIM.
7. Waiver of Injunctive or Other Equitable Relief
YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY GHLF.
You agree to defend, indemnify, and hold harmless GHLF from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Site; (iii) your User Content; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. GHLF reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with GHLF’s defense of any claim. You will not in any event settle any claim without the prior written consent of GHLF.
9. Third-Party Sites and Other Information
The Site may contain, as a convenience to you, content, links, and other information submitted by third parties over whom GHLF has no control or responsibility, as well as translations thereof which GHLF may arrange. GHLF has no obligation to monitor, control, or restrict the use of the Site, or third-party websites or services accessible via links available as part of the Site. These other websites or services are not under GHLF’s control, and you acknowledge that, whether or not such websites or services are affiliated in any way with GHLF, to the extent permitted by law, GHLF is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or services. The inclusion of such a link does not imply endorsement of any website or service by GHLF or any association with its operators.
10. General Provisions
Severability; Interpretation; Assignment. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. The summaries of provisions and Section headings are provided for convenience only and shall not limit the full Terms. GHLF may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of GHLF. Such consent shall not be unreasonably withheld.
Complete Agreement; No Waiver. These Terms reflect our complete agreement regarding the Site and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Site. Except as expressly set forth in these Terms, (i) no failure or delay by GHLF in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by GHLF.
Governing Law and Venue. These Terms will be governed by and construed and resolved in accordance with, Australian federal law, as applicable, and by the laws of the State of New South Wales. All lawsuits or proceedings arising out of, or relating to, these Terms will be brought in the state court located in New South Wales, and we and you irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Investigations; Cooperation with Law Enforcement. GHLF reserves the right to investigate and prosecute any suspected or actual violations of these Terms. GHLF may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
Survival. The provisions of these Terms and any applicable additional terms (which by their nature should survive the suspension/termination of your access to the Site or the termination of these Terms) will survive, including the rights and licenses you grant to GHLF in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, jury waiver, and mandatory arbitration.
Export Controls. Your use of the Site may be subject to the export control laws of the United States, including the Export Control Reform Act and its associated regulations. You are responsible for complying with all application trade regulations and laws both foreign and domestic. Except as authorised by US law, you agree and warrant not to export or re-export the Site to any country, or to any person, entity, or end-user subject to US export controls or sanctions.
International Issues. GHLF controls and operates the Site from its offices in Australia, and GHLF makes no representation that the Site is appropriate or available for use beyond Australia. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content if and to the extent local laws apply. To the extent permitted by law, we reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available through the Site to any person, entity, geographic area, or jurisdiction at any time and in our sole discretion and to limit the quantities of any content, program, product, service, or other feature that we provide.
11. Contact Information
If you have any questions regarding these Terms or the Site, you may contact us by email at [email protected]