“the ModLife” means the business name under which this web site trades, owned and operated by Loretta Grace; “Customer” means the purchaser or recipient (howsoever received) of any Material from this web site and/or any person, entity or organisation using or entering this web site or viewing the Material, including their officers, employees, employers, agents, contractors or principals; “Forum” means a chat area, bulletin board, web log (blog), video log (vlog) or email function offered through this web site or otherwise offered by the Supplier; “Material” means any and all documents, videos and other products, services, advice, recommendations, instructions and other content contained on or offered for sale on or obtained from this web site or accessed from or through this web site; “Standards” means any and all legislative and regulatory requirements and standards applicable to the Material; “Supplier” means this web site, the ModLife, all companies and/or other entities and/or persons related to or associated with or affiliated with this web site or the ModLife and their hosts, owners, directors, principals, beneficiaries, document/script authors, officers, employees, agents and contractors.
While the Supplier endeavours to provide Material that complies with the Standards, the Customer agrees that it uses this web site and purchases, otherwise procures, uses and/or views the Material at its sole risk. The Customer agrees that it has relied upon and shall continue to rely upon its own knowledge and expertise in selecting any of the Material for any purpose. The Customer further agrees that it is solely responsible for checking that all such Material complies with the Standards before use or application and agrees to use or apply the Material in accordance with the Standards and at all times with good personal or commercial practice. The Material is intended for general use only and should not be considered to be complete or definitive or to achieve the Customer’s desired results. The Customer should obtain separate professional or medical/health (including physiotherapy) advice before acting or relying on the Material. The Supplier does not give warranties express or implied in relation to any Material. The Supplier does not warrant that this web site or the server that makes it available are free of viruses or other harmful components. To the maximum extent permitted by law, all conditions and warranties not expressly included above but which may otherwise be implied in contract, at law, in equity or under any statute are excluded.
This web site may contain references and/or links to other web sites. The Supplier is not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in search results or otherwise linked to this web site.
The Customer agrees that, to the maximum extent permitted by law, the Supplier’s liability is at all times limited to the cost of supply of a relevant replacement document or other product or service purchased by the Customer from this web site. Subject always to the following sentence, the Supplier shall not be liable for any claim whatsoever which is received by the Supplier after 7 days from the date of purchase or receipt or viewing of the Material or at all once any Material has been used or applied by the Customer, after which the Customer shall be deemed to have accepted unqualified liability. The Supplier shall not be liable to the Customer, or any other person for, and the Customer releases and discharges the Supplier from, and indemnifies the Supplier against, any liability, loss or damage (including without limitation any loss of profits, special, exemplary, punitive, indirect, consequential, or contingent loss or damage) arising in any way or incurred by any person, either directly or indirectly, in connection with the Material and this web site and the Customer hereby agrees to this express limit of liability and agrees to limit any claim accordingly. Where liability cannot be excluded, any liability incurred by the Supplier is limited to the re-supply of the Material or the reasonable costs of having the Material re-supplied.
During the Customer’s membership, subject to these Terms, the Supplier grants the Customer a limited, non-commercial, non-exclusive, non-transferable, revocable license to access the Material for the Customer’s personal use, through a generally available web browser or through a mobile computing device (“Mobile Device”), to view information on those areas of the Material generally available to all users and those areas of the Material for which the Customer has registered. The Supplier may terminate this license at any time for any reason or no reason.
Personal Injury Disclaimer
The Supplier does not warrant or represent that the Health Upgrade Program are free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The Health Upgrade Program may include material from third party authors or suppliers. The Customer agrees that the Supplier is not responsible for examining or evaluating the content or accuracy of the third party material and the Supplier does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material. The Supplier, its authors or its suppliers may make changes to the Health Upgrade Program at any time in their sole discretion without notice or liability. The Supplier reserves the right to suspend, remove, or disable access to the Health Upgrade Program at any time without notice or liability.
Except as the Terms specifically state, or as contained in any express warranty provided in relation to the Program or Material, the agreement between the Supplier and the Customer does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Health Upgrade Program or the Materials or any contractual remedy for their failure. If the Customer is a consumer, nothing in the Terms restricts limits or modifies the Customer’s rights or remedies against the Supplier for failure of a statutory guarantee under the Australian Consumer Law Schedule of the Competition and Consumer Act;
Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
The Customer acknowledges that it has not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by the Supplier in relation to the [Program] or the Material or their use or application.
No Material may be resold, gifted, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that the Customer may download one copy of the purchased Material on any single computer for use only by the Customer, provided the Customer keeps intact all copyright and other proprietary notices. Modification of the Material or use of the Material for any other purpose is a violation of the ModLife’s copyright and other proprietary rights. The use of any Material on any other web site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to the ModLife.
A Forum will be used only in a non-commercial manner. The Customer shall not, without the ModLife’s written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. The Customer specifically acknowledges that soliciting other Customers or guests of the ModLife to join or become members, guests or customers of any commercial online service or other organisation is expressly prohibited.
The Customer shall not upload to, distribute through, or otherwise publish through the ModLife any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable or that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability, or violate any law.
By uploading materials to any Forum or submitting any materials to this web site or the ModLife, the Customer automatically grants (or warrants that the owner of such rights has expressly granted) the ModLife, for any purpose whatsoever, a perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world. In addition, the Customer warrants that all so-called “moral rights” in those materials have been waived.
The ModLife may, from time to time, contact Customers on behalf of external business affiliates about a particular offering that may be of interest to Customers. In addition, the ModLife may share data with trusted affiliates to contact Customers based on their request to receive such communications, help the ModLife perform statistical analysis or improve its Materials, or provide Customer support. Such third parties are prohibited from using Customers’ personal information except for these purposes, and they are required to maintain the confidentiality of the information.
The ModLife may also use Customers’ personal information as otherwise permitted under the Privacy Act.
The ModLife endeavours to ensure the personal information that it holds is protected from misuse, unauthorised access, modification or disclosure through the use of security measures. The ModLife acknowledges its data breach obligations and commits to promptly identify and respond to any breaches, to act to prevent harm and to report, if and as required, to the relevant supervisory authority and Customers.
The ModLife may use Google Analytics or similar technology to help analyse how Customers use this web site. Such analytical tools collect standard visitor behaviour information. The information generated by the cookies about the Customer’s use of the web site (including IP addresses) may be transmitted to Google or other analytical tool provider, who may reside overseas. This information may then be used to evaluate a Customer’s use of the web site and to compile statistical reports on web site activity for the ModLife.
If Customers provide the ModLife with personal information, they have the following rights with respect to that information:
- – to review the Customer information supplied to the ModLife;
- – to request that the ModLife correct any errors, outdated information or omissions in Customer information supplied to the ModLife;
- – to request that Customer information not be used to contact the Customer;
- – to request that Customer information be removed from any solicitation list that the ModLife uses;
- – to request that Customer information be deleted from the ModLife’s records; and
- – to opt out of being solicited by the ModLife or its affiliates.
To exercise any of these rights, please contact the ModLife at [email protected]. The ModLife will promptly change, correct or delete the Customer information and notify the Customer of the action the ModLife has taken.