2. SPECIFIC WARNINGS
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Site; or
- commercialise any information, products or services obtained from any part of our Site, without our written permission.
All trademarks appearing on our Site belong to their respective owners.
JSHealth reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission.
By uploading, transmitting, posting or otherwise making available any material via the Site and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).
4. OUR LICENCE GRANT TO YOU
We make our Services available to you through our Site. When you use our Services, we grant you a personal, non-exclusive, revocable, limited licence to use our Services and access our Site. This means you may not resell our Services anywhere else, share your licence to use our Services with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.
5. USE OF OUR SITE: RESTRICTED USE
When using our Site or Services, you are responsible for your use and for any use of our Site or Services made using your device. You also agree that your use of our Site or Services is for personal non-commercial use. You agree not to access, copy, or otherwise use our Site or Services, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorised in writing by us. Unless we agree otherwise in writing, you are provided with access to our Site only for your personal use. You may not without our written permission on-sell information obtained from our Site.
- You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not collect or harvest any personally identifiable information, including account names, from the Service;
- You will not stalk, harass, bully or harm another individual who uses our Site or Service;
- You will not upload, post, transmit or otherwise make available any material that:
- is not your original work, or which may infringe the intellectual property or other rights of another person;
- is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- includes an image or personal information of another person unless you have their consent;
- you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
- contains large amounts of untargeted, unwanted or repetitive content; or
- contains financial, legal, medical or other professional advice.
- You will not impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You will not hold JSHealth responsible for your use of our Site;
- You will not violate any requirements, procedures, policies or regulations of networks connected to JSHealth;
- You will not interfere with or disrupt the Site or Service;
- You will not hack, spam or phish us or other users;
- You will provide truthful and accurate content;
- You will not violate any law or regulation and you are responsible for such violations;
- You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
- You will not cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine; and
- You will not upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
If you believe that a user has breached any of the above conditions, please contact us at email@example.com.
- We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice.
- We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
- You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of you or any of your Affiliates.
6. LINKED WEBSITES / THIRD PARTY WEBSITES
Our Site may contain links to Third Party Websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Third Party Websites. Our links with Third Party Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Third Party Websites, or of any information, graphics, materials, products or services referred to or contained on those Third Party Websites (“Third Party Content”), unless and to the extent stipulated to the contrary.
7. MODIFICATION OF SERVICE
We reserve the right to alter, update, or remove our Site at any time. We may conduct such modifications to our Site for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, legal or other purposes.
We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone.
Your use of our Site is at your risk. To the maximum extent permitted by law, the information, materials and Services provided on or through our Site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither JSHealth nor any of their respective affiliates warrant the accuracy or completeness of the information, materials or Services provided on or through this Site. Although we in good faith believe that the information provided will help you live a healthier life, using our products or information may not give you the results you desire or may cause negative health consequences. For this reason we ask you to consult a doctor before using any of our products or programs and to be physically fit and in good health as required by our Terms and Conditions which you accept upon use of our Site or Services. The information, materials and Services provided on or through our Site may be out of date, and neither JSHealth nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or Services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Except for the purposes of any “consumer guarantees” as defined by the Schedule 2 of the Competition and Consumer Act 2010 (“Consumer Guarantees” “Consumer Act”), we hereby expressly disclaim all liability our service, for product defects or failures, claims that are due to your use of our Services or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
By accessing our Site, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with our Site are hereby excluded. By accessing our Site, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to our Site.
In the event of any problem with our Site or any content, you agree that your sole remedy is to cease using this our Site. In the event of any problem with the Services that you have purchased on or through our Site, you agree that your sole remedy is to seek a return and refund for such product or services in accordance with the returns and refunds policies set out in our Terms and Conditions.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this Agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our site, products, and service within the last six months, whichever is greater.
This disclaimer survives the termination of your use of our Site or Services and/or the termination of this Agreement.
You agree to defend, indemnify and hold harmless JSHealth Pty Ltd its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the JSHealth Site and Service;
- your violation of any term of our Terms and Conditions;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that any of your content caused damage to a third party.
This defence and indemnification obligation will survive this Agreement and your use of the JSHealth Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
10. SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
11. TERMINATION OF ACCESS
Access to our Site may be terminated at any time by us without notice. Our disclaimer and the indemnity provided by you will nevertheless survive any such termination.
If we terminate service, you must cease using our Site and pay to us all outstanding amounts owed. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.
12. FORCE MAJEURE
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, failure of host servers or ISPs, or any other event beyond our control.
13. GOVERNING LAW
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, JSHealth shall have the sole right to elect which provision remains in force. This Agreement is deemed to be the entire Agreement between you and JSHealth in relation to the subject matter of this Agreement.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
16. NO ASSIGNMENT
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.