For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site.
By using the Site, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
- Licence to use Site
- We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
- You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner for your own personal, non-commercial use.
- You must not add any content to the Site:
- Unless you hold all necessary rights, licences and consents to do so;
- That would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- That is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or the Site, into disrepute; or
- that infringes the intellectual property or other rights of any person.
- The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
- You acknowledge and agree that:
- We retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
- The Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
- Intellectual Property Rights
- Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
- By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- The licence in clause 2.3 will survive any termination of these Terms.
- You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
- You may not export, transmit, duplicate, publish, reproduce or re-use any of the information or data on our website without our express consent.
- You represent and warrant to us that:
- You have the legal capacity to enter these Terms; and
- You have complied with clause 1.3.
- To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
- To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
- These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option, in the case of services:
- The supply of the services again; or
- The payment of the cost of having the services supplied again.
- You acknowledge that we have a “Ratings and Reviews” function of our Site. You acknowledge that users of our website may publish comments on our Site. You acknowledge that the views and opinions expressed in such comments are made by third parties and are not representations made by us. We do not endorse any such comments and we make no representations about the accuracy or suitability of such comments. You are recommended to make your own enquiries and seek your own advice before relying on such comments
- We are not liable for any financial or non-financial loss or damage to you or your business caused directly or indirectly by any ratings or reviews made on our Site.
- This Site contains advertisements and information provided by third parties. There may be technical inaccuracies, typographical or other errors, programming bugs or computer viruses in this Site or its contents. We make no warranties regarding the accuracy or suitability of the information or links provided on our Site and you use our Site at your own risk.
- These Terms terminate automatically if, for any reason, we cease to operate the Site.
- We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
- You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.
- If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
- This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.
- Links to third-party websites are for your convenience only. We are not responsible and we make no warranties regarding any third-party websites.
- Cancellation Policy
- You may terminate this contract and remove your listing at any time by providing seven (7) days’ notice to us, in writing.
Our ratings and reviews functions are subject to the following terms:
- The availability and use of the ratings and reviews is available on our Site as determined by us from time-to-time.
- We allow Site users to provide ratings and reviews in relation to businesses listed on the Site b. We allow Site users to provide feedback on the businesses including providing:
- We allow Site users to provide feedback on the businesses including providing:
- Questions; and/or,
- Users must first register with our Site before providing such ratings and reviews.
- These terms apply to the use of the ratings and review function on our Site.
- We may change these terms at any time without notice to you.
- If you use our Site you acknowledge that we bare no responsibility for monitoring the comments made on our site. The comments made on our Site are make by third parties and are not made by us. We accept no liability for any comments made by third parties on our Site. You should make your own enquiries before relying on any information provided on our Site. We do not accept any liability for incorrect, incomplete or unsuitable information provided in the comments on our Site.
- You warrant that your posts:
- Are factually correct;
- Reflect your honest and genuine experience and opinion;
- Are not illegal, or unlawful and will not cause a breach of any law;
- Do not include do not include pornographic, sexually explicit, violent, threatening or obscene content;
- Do not contain any information that will personally identify any third party unless you have obtained that person’s consent;
- Do not refer to persons under the age of 18;
- Do not include any inappropriate language including racist, hateful, discriminatory, or language that vilifies any person;
- Do not infringe any third party’s intellectual property rights, including copyright, and that we will not infringe the intellectual property rights or any other rights of any other person by using the Site;
- Do not infringe the moral rights of any third parties and that you have obtained any necessary moral rights consents from authors of work you submit as part of your comments;
- Are not defamatory or malicious or promote, incite or instruct matters of crime;
- Will not transmit any malware, viruses or harmful computer code;
- Do not constitute a commercial solicitation to users of our Site to buy goods or services;
- Do not refer to businesses which are not listed on our Site or otherwise refer to any other websites or applications, including social media sites; and
- Have not been created in exchange for any form of benefit or payment from a third party.
- You acknowledge:
- We are under no obligation to publish comments on our Site and we may remove or edit your comments in our absolute discretion;
- except where we are legally required to do so, we are under no obligation to monitor, remove or modify your comments and, in that regard, at all times we shall remain neutral; and
- We may, at our discretion, terminate your access our Site for any reason, including if we believe you have breached these Terms.
- Any comments you leave on our Site are your intellectual property. You grant us a non-exclusive, irrevocable, perpetual and worldwide, royalty-free transferrable license to use, reproduce, modify, adapt, and publish your comments. This license shall not merge on the termination of this agreement. We may use your comments for any reason in the course or furtherance of our business.
- These terms are subject to the laws of New South Wales, Australia.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY FOR HEALTHY BUMPS
We advise that you will require at least a moderate level of fitness to participate in the exercise programs and information provided on this website (“The Activities”). If you have a pre-existing medical condition, if you are in poor health or if you have any other concerns as to the commencement of The Activities, then you should seek advice from an appropriate medical practitioner prior to commencing The Activities. This website is not tailored to any specific individual or class of persons, therefore the information on this website and The Activities may not be suitable for you. In particular if you fall into one of the following categories we consider it essential that you consult your qualified medical practitioner before
commencing The Activities:
- Pregnant women and women who are breastfeeding or who are trying to conceive a child;
- Persons with any on going physical condition such as:
- Persons suffering from cancer or other long term illness;
- Persons with liver disease, kidney disease, or renal failure,
- Persons with eating disorders;
- Persons with diabetes, blood pressure or cholesterol issues;
- Elderly persons;
- Persons recovering from or recently recovered from illness or injury; and
- Persons with a low body mass index.
Irrespective of whether you fall into one of the above categories, or not, you are solely responsible for your decision to participate in any of The Activities provided by our website. We will not provide any supervision or monitoring of your participation in The Activities and we are not liable
of any loss, damage, injuries or illnesses of any nature that you suffer as a result of your participation in The Activities.
You must be fully aware of my own physical limitations and all relevant medical conditions which may affect your ability to participate in
You acknowledge that it is your sole decision to participate in The Activities. You are aware that I am engaging in physical exercise and The
Activities could cause you harm, injury, pain or discomfort. You agree to participate in The Activities freely and voluntarily and you assume all risk of harm, injury, pain or discomfort that might result.
If The Activities causes you any harm, personal injuries, pain or discomfort, you should immediately cease further participation in The Activities and you should medical attention from your health practitioner.
You understand that Healthy Bumps will make neither evaluation nor recommendation – and you will not construe any statement or action by Healthy Bumps as an evaluation or a recommendation of your ability to participate in The Activities.
In consideration of Healthy Bumps providing the information contained in this website, you agree as follows:-
- TO WAIVE ANY AND ALL LEGAL CLAIMS that you have or may have in the future against Healthy Bumps as a result of your participation in The Activities;
- TO RELEASE Healthy Bumps from any and all liability from any loss, damage, injury or expense that you may suffer, as a result of your participation in The Activities due to any cause whatsoever (including Negligence, Breach of Contract, or Breach of any Statutory or other Duty of Care); and
- TO HOLD HARMLESS AND INDEMNIFY Healthy Bumps from and against all actions, costs, claims, charges, expenses and damages, however caused, which may be brought or made or claimed against them, arising from any personal injury, pain or discomfort or loss, related to participation in The Activities, including but not limited to, liability for any damage to the property of, or personal injury to, any third party.