All Healthy Terms and Conditions
Welcome to The All HealthyTerms and Conditions. The following Terms and Conditions regulate your use of www.allhealthy.com.au (The All Healthy “Web Site”) and all other services made accessible to you through The All Healthy Web Site. Please read these terms and conditions carefully before using The All Healthy web site. Your use of The All Healthy website constitutes your contractual agreement to all terms, conditions, and notices with The All Healthy (ABN 30365683618), postal address 28 Blake Street, Rose Bay, NSW, 2029.
The Information contained in these Terms and Conditions relates to the use of www.allhealthy.com.au, referred to as The All Healthy Website. If you do not agree with the terms of this contract please do not use The All Healthy website.
We reserve the right to adjust these Terms and Conditions at any time. Please examine these Terms and Conditions periodically. Your continued use of The All Healthy website following the posting of changes to these terms (including “The All Healthy Privacy Policy”) will mean you accept and agree to any changes made to the Terms and Conditions.
Before you can become a registered advertiser on The All Healthy, you must first read, agree with and accept all of the terms and conditions stated in this User Agreement as well as the Terms and Conditions stated in The All Healthy Privacy Statement. By advertising with The All Healthy you are accepting the terms and conditions outlined in this User Agreement and The All Healthy Privacy Statement which includes those terms and conditions expressly set out and those incorporated by reference. If you have any questions, please contact us via email at info[at]allhealthy.com.au .
Please also see our Privacy Policy.
Definitions
The All Healthy, means The All Healthy ABN: 30365683618 or allhealthy.com.au, trading as The All Healthy 30365683618, its agents, officers, successors and advisors.
We, Our and Us, also means The All Healthy.
You, means the website user or client or advertiser that enters their details while using The All Healthy services.
The All Healthy Website, means all programs, products and services provided by The All Healthy including the website, interface, and advertising directory. The Singular, includes the plural and vice versa.
Intellectual Property Rights, means all present and future rights conferred by Statute, Common Law or equity in, or in relation to any copyright, trademarks, business and works and product of intellectual activity in the commercial and industrial field.
Advertising Material, means all advertising material and any promotional or other material provided to The All Healthy by or on behalf of Client -whether or not produced with the creative assistance of The All Healthy.
Client, means any person who registers on the directory, places a Booking or to whom The All Healthy supplies Services.
Your use of The All Healthy website
You agree that you will not engage in any activity that imposes an unreasonable burden on or interferes with or disrupts The All Healthy website
You agree not to access (or attempt to access) any of the services by any means other than through the interface that is provided by The All Healthy, unless you have been specifically allowed to do so in a separate written agreement with The All Healthy. You specifically agree not to access (or attempt to access) any of the services through any automated means.
All information on this website is provided by The All Healthy on the basis that all persons accessing this website undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk.
Without limiting the preceding paragraph, you indemnify us for any of our loss incurred by virtue of any breaches of third parties’ intellectual property rights as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this site.
You agree that you are solely responsible for (and that The All Healthy has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which The All Healthy may suffer) of any such breach. You are responsible for taking all precautions you believe necessary or advisable, to protect you against any claim that may occur subsequent to your use of The All Healthy web site.
Registration
To become a registered advertiser on The All Healthy website go to the advertise page and register your intention. When your registered advertiser account is activated you will be receive a confirmation e-mail. After you have chosen the package you have a choice of two payment options: first paying directly with a credit card or a second option of payable invoice what will be issued within 5 business days upon completed Sign Up Submission via the website. Also the signed order or any other signed commitment that refers to the advertisement in All Healthy website is a proof of order and the invoice will be issued in 5 business days. A late fee of 2.5% of the outstanding invoice is payable on overdue invoices. All Healthy has 14 day invoice payment terms.. Any further costs incurred for the collection of overdue accounts will be the responsibility of the party breaching the contract payment terms.
You can then access your own page and submit information immediately.
You can close your registered account at any time but you will remain liable for obligations included in these terms and conditions and privacy policy, after it has been closed.
Password and Account Security
You are solely and totally responsible for keeping your username and password confidential. You must maintain security and not disclose your username and password to any third party.
You will never be asked to send your password or other sensitive information to us in an email, or to enter it via any website other than one with a URL beginning with www.allhealthy.com.au. If you suspect any unauthorised use of your registered account, or access to your username and password, please contact us. You shall be responsible for any use whatsoever of your registered account whether authorised or not.
User Submissions
The All Healthy does not claim ownership of the materials you provide to The All Healthy.
It is a condition of these Terms and Conditions that all information, including, but not limited to, designs, logos, advertisements, text, and images that you post, or submit for posting on this website, be your own creation, or that you have written consent of the owner of such works, to use the material for posting. When submitting or posting content onto allhealthy.com.au, you are responsible for the accuracy of all of the content of your posting or submission for posting, and you are held responsible for your own legal right to submit or post such works.
When you post, or give us content, you are granting to us, and also guaranteeing us that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
Client warrants to The All Healthy that any and all information / material lodged with or posted on The All Healthy (whether or not The All Healthy provided creative services in relation to that information / material).
1. Are either your own creations or works, or works which you are using with the owner’s permission.
2. Does not contain anything which may give reason for any course of action by a third party against The All Healthy, such as material which is, including but not limited to, fraudulent, defamatory, obscene, sexually explicit, libelous, offensive, unlawful, contrary to the ownership or intellectual property rights of any person or organisation, or which otherwise causes injury or damage to any person.
3. Complies with all relevant laws, regulations, codes of practice and any standards applicable to publication of the advertising material and determined by any relevant regulatory agency or industry self-regulatory body.
4. Is not false, misleading or deceptive nor likely to mislead or deceive, and is true complete and correct in substance and in fact.
5. Does not contain any virus, trojan, worm, or other code which is contaminating or destructive to the files, data or programs of The All Healthy Web Site or any of our clients or website users.
6. Does not infringe trademark, copyright, intellectual property rights, obligations of confidentiality or other legal rights of any person or organisation.
7. Without limiting the above, does not infringe the Trade Practices Act 1974 (Cth) or the Therapeutic Goods ACT 1989 (Cth), the Therapeutic Goods Regulations, or the Therapeutic Goods Advertising Code operating in Australia.
The All Healthy can deny you access to all or part of The All Healthy Web Site, and /or suspend or terminate your account immediately without notice, should you be in breach of this agreement, or be otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or termination of your registered account.
Regardless all submissions to the website will be manually reviewed prior to activation. All Healthy Australia is able to reject any listing at any time at their discretion.
Intellectual Property and Copyright
Nothing in these Terms gives you any right to use any of The All Healthy’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
You agree that you do not acquire any property rights to any of the web interface, tools or information provided to you through The All Healthy website.
The All Healthy contains content from us, you, and other users. The All Healthy is protected by copyright laws and international treaties. Content displayed on or via The All Healthy website is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions. You agree not to copy, distribute or modify content from The All Healthy website. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in The All Healthy. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of The All Healthy (other than your own content).
The All Healthy acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that The All Healthy has no obligation to do so on your behalf.
When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
The All Healthy does not claim ownership of the materials you provide to The All Healthy (including feedback and suggestions) or post, upload, input or submit to The All Healthy Web Site (collectively “submissions”). However, by posting, uploading, inputting, providing or submitting your submission you are granting The All Healthy permission to use your submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission.
The entire contents and design of The All Healthy web site is proprietary to The All Healthy or its content providers and is protected by copyright laws.
All ownership and copyright in the site material belongs solely to The All Healthy and its advertisers.
This site is operated by The All Healthy. The All Healthy web site is for your personal, non-commercial use. To the maximum extent allowable under applicable law, you agree not to copy nor attempt to copy, duplicate, display, reproduce, adapt, publish, re-publish, lend, license, distribute, look at the software source code, modify its interface or any general code or codes, post to an Internet web site, or use in an automated system any of the Material contained in The All Healthy website, and/or our e-newsletters, nor will you allow or assist a third party to do so.
Transmission Service
We have no control over the speed of transmission of data where the Internet is used for access. We reserve the right to cease operating The All Healthy web site at any time without prior notice. The services offered by The All Healthy not come with any warranty or condition (express, implied or statutory). We do not guarantee, and have no liability for the absence of, continuous, uninterrupted or secure access to our services, as operations of our website may be disturbed by factors out of our control or other factors. You agree that The All Healthy is not liable for any loss or damage suffered by you as a result of interrupted or discontinued service and you indemnify The All Healthy against any claim whatsoever. You agree that The All Healthy is not liable or responsible for any illegal and unauthorised conduct by any person relating to hacking and theft by deception and breach of intellectual property. Such matters should be reported to us at your earliest notification.
Interruption to Service
We do not promise that your access to The All Healthy website will be uninterrupted. We will use our best efforts to provide access. However, there may be an interruption to services to facilitate urgent reasonable maintenance by us.
We will not be liable to you or third parties for interruptions to the service. We cannot guarantee continuous, error-free or secure access to our website, or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted error-free, and virus free service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the reliability or availability of our services.
Disclaimer
Every effort has been made to ensure the accuracy of the information contained on The All Healthy web site. Nonetheless, in regard to the possibility of error by the publishers, authors, or editors of the works contained in The All Healthy web site, neither we nor any other party involved in the preparation of material contained in the web site warrants that the information contained therein is in every respect correct or absolute, and they assume no liability for any omissions or inaccuracies, or for the results obtained from the use of such material.
We rely on the advertisers in our directories to provide accurate information and we assume no responsibility for verifying the information provided, The All Healthy however, does not make any warranties or representations as to the completeness or accuracy of any information on this website. The All Healthy shall not be responsible or liable in any way for loss of any kind including damages, costs, interest, loss of profits or special loss or damage, arising from any error, inaccuracy, incompleteness or other defect in this information to any person or entity, The All Healthy shall not be responsible or liable in anyway with respect to any inconvenience, misleading information or direct, indirect, special or consequential loss or damage however suffered, following reliance on any information contained on the site. By using this site, the user agrees to hold The All Healthy harmless in the event of discrepancy or error in the information contained herein.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of The All Healthy website, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
Whilst all due skill and care has been taken in collecting, validating and providing information, The All Healthy shall not be liable in anyway for loss of any kind in utilising this information. The information is provided on the basis that all persons accessing the site undertake responsibility for assessing the relevance and accuracy of its content.
We do not provide any warranties that our web site is undisrupted, error free or free from malicious software such as computer viruses.
This website provides links to other websites and The All Healthy takes no responsibility for information that may appear on any of the linked websites. These links and pointers are included solely for the convenience of users, and do not constitute an endorsement by The All Healthy to the sites linked or referred to. These information sources are external to The All Healthy and it is the users’ responsibility to decide upon the reliability, accuracy and value of the information found on these linked sites. The user takes sole responsibility for use of third party sites.
The presence of any product, service, or web site link on The All Healthy web site does not imply endorsement, approval or warranty by us and we deny all liability with regard to any such products, services or web site links.
The All Healthy holds no warranty that this site will be free of infection by viruses or any other destructive, manifesting or contaminating properties.
Indemnity
You agree that you indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us (“Our Loss”) as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this site.
You agree to hold The All Healthy, its directors, officers, employees, and affiliates, (and their employees and agents) harmless from any claim, demand, or damage, including legal fees, asserted by any third party due to or arising out of the use or conduct by you or any other person accessing The All Healthy website using your service account.
Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall The All Healthy be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if The All Healthy or a The All Healthy authorised representative has been advised of the possibility of such damages. You hereby discharge and forever relinquish all and any claims you may have against The All Healthy (including but not limited to claims based upon our negligence) for any damage or loss you sustain in connection with your use of The All Healthy web site. In no event shall The All Healthy’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing this site.
Miscellaneous
Advertisers and sponsors of The All Healthy Web Site and/or its e-newsletters have no influence on editorial content or presentation. You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.Our relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint venture or principal and agent.
We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the “Contact Us” facility on The All Healthy Web Site. Any formal notices or communications should be sent to our postal address set out at the beginning of these Terms and Conditions. A notice sent to you by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside Australia).
If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.
These Terms and Conditions are governed by the laws of Queensland, Australia. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Queensland and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Specific Terms of Agreement
This agreement constitutes the whole agreement between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
Advertiser registration must be paid yearly in advance.
Prices for Advertiser registration are located on the Advertise With Us page on our Website.
Advertiser fees are NOT REFUNDABLE.
The All Healthy retains the right to add additional documents or delete documents at its absolute discretion.
The All Healthy agrees to provide you with advertising space on the condition that you accept these terms and conditions and pay our fees in the manner required. The advertising space is not exclusive and is not transferable. The agreement license begins on the day you consent to this User agreement, and ends in accordance with these terms and conditions.
Although The All Healthy will use its best endeavors to explain all relevant matters and instructions to you clearly, you may, however, misinterpret such explanations and/or instructions or you may omit to read all instructions. The All Healthy is not liable in any respect for any such misinterpretation or omissions.
We do our best to asses your suitability to our website at the time of your registration application, however if we decide that your product/service/ business ethics, do not meet our environmental standards criteria, in our sole and absolute discretion, we reserve the right to terminate our contract with you. We will refund your payment on a pro-rata basis, eg. Six months remaining equals a refund of half the yearly registration fee, minus a $20 admin fee.
Variation and Prices
Prices are subject to change without notice. Current charges are displayed on the Advertise With Us page of The All Healthy Website.
We have the right to change, modify, add or discontinue any feature of The All Healthy Website at any time, including but not limited to, content, hours of availability, pricing, and Terms and Conditions.
Your continued use of The All Healthy site following the posting of changes to these terms (including The All Healthy Privacy Policy) will mean you accept any changes made to the site.
We are not responsible for your errors.
We are not responsible for advertising created by you and information given as a result of the answers you give to the questions asked of you when using our service.
The All Healthy and other Websites
The All Healthy does not warrant the accuracy or appropriateness of the contents of our website. Our website may contain hyperlinks and pointers to other websites and we are not responsible for any information or other hyperlinks contained in these websites. We provide the hyperlinks and pointers to you simply for your convenience and you access these other websites at your own risk.
Support Services
We will provide support for your use of The All Healthy website by phone and e-mail. We will endeavor to provide 48 hour turnaround on email requests during operating hours. An e-mail form and our phone number are provided on the Web site for this purpose.
Termination
Should you be in breach of this agreement, The All Healthy can end this agreement immediately without notice.
Waiver
None of these Terms and Conditions will be taken to be waived except by written notice signed by you and us.
This Agreement
This agreement constitutes the whole agreement between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.