Being Better Balanced Customer Terms

1.          General

This website (“Site”) is provided to you by Gadsden Chiropractic (ABN 95 617 733 301) t/a Being Better Balanced (“the Owner” “us” “we” “our”).  This Agreement may be amended from time to time at the Owner’s discretion and without prior notice to you.   Your continued use of the Site will indicate your acceptance of any changes.  These terms constitute the entire Agreement between the Owner and you.

 

2.          Our Services 

We have created the Site to provide information in relation to pregnancy, childbirth, post-partum and parenting.  We offer a range of content such as live internet calls, workshops, videos, e-books, and other information created by professionals that practice in their fields.

Our services include ongoing memberships, free events, and the ability to purchase single services.

 

3.          Live Video Calls and your image

We use a third-party provider to facilitate our video calls.  You will be sent a link via email with instructions on how to attend the call.  These calls are recorded and by attending the call, you are consenting to your image, username, and written content (such as questions you have whilst on the call) being recorded.  We will only use your image, username and written content by way of distributing the call recording to other members.  You waive any rights and claims, present and future, to any fees or royalties or other benefits, in connection with our use of your image, username and written content other than as expressly provided for above.

 

If you do not consent to the above you can attend the video calls anonymously by turning off your video and microphone.  You can also create a username, that does not contain identifiable personal information about you.

 

4.          Disclaimer

The information provided through the Site is provided to be used as a guide.  The Owner, and the content contributors do not guarantee that any specific results can be achieved.  Information contained in the Site does not constitute the provision of medical or personalised advice.  We recommend that you seek professional advice from authorised practitioners before making any significant change to your lifestyle.  Your reliance on the information contained in the Site is undertaken by you at your own risk.  

 

5.          Non-membership services

If you purchase a one-time access to a service, you will be required to pay for the service upfront.  If you are unable to attend a live video call, we will send the recording to you by email.  

These terms and conditions also apply to our free events or services excluding the payment terms.

 

6.          Memberships

This Site is available by way of annual memberships.  Memberships are purchased through the Site.  The membership amount will be shown to you before you make your purchase.  By proceeding with your purchase, you authorise the Owner to collect payment of your membership fee from PayPal. 

 

All amounts are payable and charged at the time of processing your order.  You can cancel your membership at any time.  Unless otherwise provided by law, you will not receive a refund for any of the content that has already been provided to you through your membership. 

 

Memberships will renew automatically on the 12 month anniversary of your initial purchase.  You will need to opt-out of your membership prior to the renewal date.  We will provide you with email notification, prior to the renewal date. 

 

7.          Changes to Membership fees

The Owner reserves the right to change its pricing terms for memberships at any time and will notify you in advance before the change comes into effect.  Changes to the price will not operate retrospectively and will only apply to renewed memberships after the new pricing has commenced.  

 

8.          License to You

The Site and all content on the Site (“Site Content”) is provided to you through this license.  The Owner retains all ownership and proprietary rights in the Site Content  and hereby grants you the non-exclusive, non-transferable, limited right to use the Site Content for your personal use only.  This license commences upon your acceptance of the terms and conditions and continues until termination by the Owner or you.  The Owner has the discretion to terminate your license immediately and without notice if you breach this license.  All rights not specifically granted under this Agreement are reserved by the Owner and, as applicable, its licensors.   

This limited license excludes the right to:

(a)     frame or use framing techniques to enclose the Site Content or any portion of the Site Content;

(b)     republish, redistribute, transmit, sell, license or download the Site Content in part or in full (except as necessary to view the Site Content);

(c)     make any use of the Site Content other than for personal use;

(d)     modify, reverse engineer or create any derivative works based upon either the Site Content;

(e)     collect information through the Site Content for the benefit of yourself or another party;

(f)      use any meta tags or any other hidden text utilizing any and/or all Site Content;

(g)     use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;

(h)     download any image or content and pass it off as your own, provide it to a third party or republish or distribute it.

 

Your License to the Owner. By posting, submitting or otherwise publishing any material to the Site, including during a live call, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material.

You grant the Owner a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute any material that you publish on the Site.

You hereby waive all moral rights in your content to the maximum extent permitted by law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by law.

 

9.          The Owner’s Obligations

The Owner reserves the right to make changes to the Site Content and the Site, its operation and application at any time without prior notice.  The Owner may engage a third party to provide technical assistance with the Site.  The Owner will take reasonable steps to ensure the ongoing effective operation and maintenance of the Site and take steps to repair technical issues that arise from within the Site within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.

 

10.       Conditions of use  

You agree to use the Site in accordance with these terms and conditions, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to the Owner.  You must keep your login and password information secure.  We are not responsible to unauthorised access to our Site through your personal devices.

You agree that you will not upload or provide content on the Site (including during live calls) which is:

(a)     defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;

(b)     infringes the intellectual or other proprietary interests of third parties;

(c)     contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site in any way impinges on another user’s use or enjoyment of the ASitepp or otherwise breaches or encourages other users to breach these Terms;

(d)     violates any law; or

(e)     encourages or incites any other person to engage in any of the above behaviour;

You also agree that you will not :

(f)      use technology or other means that is not authorised by the Owner to access the Site;

(g)     attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Site;

(h)     gain or attempt to gain unauthorised access to the Site including the network or user accounts; or

(i)      attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, our servers or networks.

 

11.       Warranties and Indemnities

The Owner does not warrant that the functional aspects of the Site will be error free or that the Site, the Site Content or the server are free of viruses or other harmful components.  The Owner maintains current anti-virus software, however to the extent provided by law, the Owner does not guarantee against third party interference.  The Owner does not warrant that the Site or the Site content will be compatible with third party software or hardware.  The Owner is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the Owner’s reasonable control.  

You agree to indemnify, the Owner, and its partners, licensors, affiliates, contractors, officers, employees and agents for any claim arising directly or indirectly from your acts and omissions in using the Site.

 

12.       Intellectual Property Rights

The Site retains all ownership rights over all intellectual property (registered or unregistered) available on the Site, and the Site Content including, but not limited to, audio-visual effects, photographs, written content, artwork, and moral rights.  

Copyright:  The Owner claims copyright over all of the Site Content, including photographs, unless otherwise indicated.  

 

13.       Breaches of these terms and conditions

The Owner reserves the right to take any of the following action if we reasonably suspect that a breach of this agreement has occurred:

(a)     issue a formal warning;

(b)     suspend or prohibit access to the Site;

(c)     block you from accessing the Site;

(d)     take legal action against you, and 

(e)     suspend or delete your account on the Site.

If we suspend or prohibit or block your access to the Site, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this agreement.  

 

14.       Governing Law

This agreement is governed by the laws of Victoria, Australia and Customers agree to submit to the jurisdiction of the Victorian Courts.  If any clause in this document is found to be invalid or unenforceable it should be removed to the extent of such invalidity or unenforceability, and the rest of the clause and document will remain in effect.

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©2020 by Being Better Balanced.