Terms & Conditions
The website https://synergymethod.com.au/, associated digital platforms, media accounts, mobile applications (together, ‘the Website’), contents, products, materials and services (together, ‘the Services’) are owned and operated by Synergy Method Pty Ltd ABN 55 605 065 147 (‘SM’, ‘we’, ‘us’, ‘our’). The term ‘you’ refers to any user or browser of the Website or purchasers of our Services.
The Terms and Conditions and any additional disclaimers, policies and legal notices displayed on our Website from time to time explain how you may use our Website and Services. It is important that you read and understand these Terms and Conditions. By subscribing to our blog or email newsletters, purchasing from the Website, or making an enquiry, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether or not you are a visitor simply browsing (together ‘users’).
You agree that the use of the Website and Services is at your own risk. If you are under the age of eighteen (18), you must obtain your parent or guardian’s prior consent to use the Website and Services. You acknowledge and agree that using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of this Agreement, and this Agreement may be terminated in accordance with the provisions below.
These Terms and Conditions do not modify, restrict, or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.
1. PERMITTED USE
SM prohibits the use of the Website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and Services responsibly and to comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Services for any purpose that is unlawful or to solicit the performance of any illegal activity or other conduct that infringes SMN’s rights or the rights of others.
You may not use the Website or Services, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or in a manner not permitted by the Terms and Conditions.
2. SERVICES DISCLAIMER
Our Website and Services aim to provide customised facilities, targeted physical exercise, and advice and products to assist in attaining personal physical health and fitness.
All information, products, workouts or training programs provided by SM are not intended to diagnose, treat, cure or prevent any disease or condition. The information contained on this Website is not intended nor is it implied to be a substitute for professional medical, legal or psychological advice. Always seek the advice of your pharmacist, general practitioner, other medical practitioner or qualified health provider when starting any new workout, practice, exercise regime or continuing with other activities that involve physical exertion or with any questions you may have regarding your medical or other conditions.
None of the content on this Website or Services represents or warrants that any new workout, practice or exercise regime is safe, appropriate or effective for you. To the extent that we provide any explicit or implied recommendation of any particular Service, such recommendation is only a general recommendation that is not specific to any particular individual. Your reliance on any of our Services or information on this Website is solely at your own risk. It is your sole responsibility to inform us of any prior health conditions.
NOTHING CONTAINED IN THE SERVICES IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.
We may report on or display the success of our existing or previous clients or customers. You acknowledge that the prior success of others does not guarantee your success. As your results are based on your individual capacity, background, dedication, motivation, experience and level of desire, there are no guarantees concerning the level of success you may achieve. Choosing to use our information, products and Services should be based on your own due diligence and you agree that we are not liable for any success or failure that is directly or indirectly related to the purchase and use of our information, products, and Services reviewed or advertised on this Website.
The above disclaimer applies to the blog found on the Website. The information, content and materials (including publication), provided in this blog are intended only to provide a summary and general overview on matters of interest, we have not been remunerated or endorsed by any individual or entity that has been mentioned in any post.
We may participate in affiliate marketing and may allow affiliate links to be included on some of our Website. This means that we may earn a commission if/when you click on or make purchases via affiliate links. We will inform you when one of the links is an affiliate link and will only affiliate with products, services and experts that we believe will provide value to our customers and followers. You recognise that it remains your personal responsibility to investigate whether any affiliate offers are right for you. You will not rely on any recommendation, reference, or information provided by us and will conduct your own research and will rely upon your research in deciding whether to purchase the affiliate product or service.
3. ENQUIRIES AND SUBSCRIPTION
By subscribing to our blog or email newsletters, purchasing from the Website, or making an enquiry, you will be added to our email and message lists. If you do not want to remain on our database, you can follow the instructions on the form to update your subscription or data preferences, unsubscribe from our email communications, email us at any time at info@synergymethod.com.au, or unsubscribe via text message as instructed.
You agree that all information you provide to us through the Website will be true, accurate, current and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and Services. For more information regarding email communications and subscriptions, please refer to our Privacy Policy.
4. COACHING SESSIONS, PERSONAL TRAINING AND CLASSES
Bookings
If you are booking private coaching, personal training sessions or classes, you acknowledge you have read and agree to be bound by these Terms and Conditions, whether for yourself or on behalf of a minor. By making a booking you represent and warrant that you are at least eighteen (18) years old. If you are making a booking on behalf of a minor, you warrant you are their parent or legal guardian. If a third party is making the bookings on your behalf, you warrant you have authorised the third party to do so, and you have been advised of these Terms and Conditions.
You agree and acknowledge that all information you provide to us for the Services will be true, accurate, current, and complete, including but not limited to your title, name, age, gender, address, and telephone number (‘Personal Information’). You acknowledge and agree that SM and any relevant third party of our choosing will collect your Personal Information for the purpose of the booking service and any additional services you may request. You acknowledge that if we cannot collect this Personal Information and other personal information as requested, we will not be able to process your booking and may not be able to provide you with some or all of our Services. For more information, please refer to our Privacy Policy.
Cancellations and Refunds
Whilst SM makes every effort to avoid clashes and/or cancellation of appointments, SM, at its sole discretion, may cancel or reschedule your appointment at any time and for any reason prior to the scheduled time.
We do not offer refunds for change of mind or missed sessions. If you voluntarily decide to withdraw from the Services at any time for any reason, or cancel the Services within twenty-four (24) hours of the scheduled appointment, we reserve the right to charge you for our professional fees or count the session as fulfilled.
Requests for refunds for one-on-one or group coaching sessions, or products purchased via our shop must be in writing and will be subject to our sole discretion. Requests for refunds will be assessed on a case-by-case basis and we reserve the right to grant or refuse refunds.
We note that our Services (including, but not limited to, the information provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. We may offer refunds or compensation, where options to resupply or re-schedule the Services have been exhausted or in circumstances where there has been a major failure, where applicable, where the Services fail to be of acceptable quality, and in exceptional cases, such as injury, illness, death or force majeure.
Confidential Information
As part of the provision of Services, you may elect to share information regarding your health, medical conditions or personal matters. SM warrants that all information provided in this context will be treated as Confidential Information.
Obligations with Respect to Confidential Information:
The Recipient:
(a) may use Confidential Information of the Discloser only for the purposes of this Agreement;
(b) must keep confidential all Confidential Information of the Discloser except:
where it was rightfully communicated to the Recipient free of any obligation of confidence subsequent to the time it was communicated to the Recipient by the Discloser;
it was in, or entered into the public domain at the time it was communicated to the Recipient by the Discloser; or
to the extent (if any) the Recipient is required by law to disclose such Confidential Information; and
(c) must destroy or return all Confidential Information immediately upon request, subject to any legal obligations the Recipient has with regard to maintaining client records.
5. CODE OF CONDUCT
STUDIO USAGE
a) It is a mandatory requirement for all SM clients using the studio that you have up-to-date contact details on file, particularly your medical information, waivers and emergency contact details.
b) All SM clients are to respect the premises, use the equipment with care and respect and train safely.
c) SM will not tolerate aggressive behaviour, violence, bullying, harassment, discrimination, or any form of verbal or other abuse, and reserves the right to remove from or prevent access to the studio on this basis.
ACCESS
j) Outside of session and class times, SM clients have full access to the gym during trading hours.
k) SM clients are to avoid areas being used for private coaching or personal training.
l) By entering and utilising the gym during out of session trading hours, you knowingly, voluntarily, and freely accept and assume any and all risks, both known and unknown, of injuries or other loss or damage that may be suffered while using the equipment and premises, however caused, even if caused in whole or in part by the action, inaction or negligence of SMN.
CLASS INFORMATION
m) To ensure the safety of members and adequate staffing, classes are capped to a particular number of clients, as indicated in the timetable.
n) Class participants are required to be ready to start class on time every time.
o) Participants arriving after the warmup is complete will be refused entry as duty of care to you, the instructor and other class members.
p) All classes have a lockout window of [INSERT TIME PERIOD]. All bookings and cancellations of sessions or classes must be finalised [INSERT TIME PERIOD] prior to the class. Turning up to an class without registration may result in refusal to participate.
q) No classes scheduled on Public Holidays unless advised.
CANCELLATIONS
r) Cancellations made less than 7 days prior to the sessions or classes will be subject to a no-show fee of the full rate.
s) If a class is full, you will be placed on a waitlist. If you have been added to the class from the waitlist, a notification will be sent to you via email. It is your responsibility to check your email prior to the class start time to see if you have been added, to ensure that you do not incur a no-show fee. You can cancel your place on the waitlist at any time by contacting SM.
t) Classes will be cancelled with less than 2 bookings. Notifications for cancelled classes will be done via email and text message to those booked in.
u) SM reserves the right not to provide refunds for change of mind for any product or service purchased SMN. Strictly no refunds for any reason under any circumstances.
6. ONLINE SHOP
Purchases and Pricing
If you are making a purchase through the Website, you acknowledge you have read and agree to be bound by these Terms and Conditions, whether for yourself or on behalf of a minor. By making a purchase you represent and warrant that you are at least eighteen (18) years old. If you are making a purchase on behalf of a minor, you warrant you are their parent or legal guardian. If a third party is making the purchase on your behalf, you warrant you have authorised the third party to do so, and you have been advised of these Terms and Conditions.
Prices quoted in an order are fixed once your order has been confirmed. Subsequent price changes will not be retroactively applied to confirmed orders. You agree to pay the total amount listed for each product as set forth on the Website or otherwise provided to you, including any merchant fees.
Transactions are processed in AUD figures, fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees. Payments for products purchased are exclusive of GST.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, SM shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. SM shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your bank or credit card account charged. If your bank or credit card account has already been charged for the purchase and your order is cancelled, SM shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any damage, refunds or other losses of any sort that may be incurred as the result of such dealings with a merchant.
Gateways and Merchants
SMN may use payment-processing merchants to facilitate payment. By purchasing via these payment-processing merchants, you agree to comply with the terms of provided by the payment-processing merchant or payment platform. We (or our payment-processing merchant) may securely collect Personal Information obtained during your purchase or transaction for the Services. You acknowledge that if we cannot collect this Personal Information and other Personal Information as requested, we will not be able to process your purchase and may not be able to provide you with some or all of our Services. For more information, please refer to our Privacy Policy.
We reserve the right to change the preferred payment gateway from time to time and without notice.
Credit Cards, Chargebacks and Payment Security
We accept credit card payments for the Services via the payment facilitator, Stripe. You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway, unless it is caused by fraud or negligence we are responsible for. To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card(s) for any unpaid charges on the dates set forth herein. You shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance. SM reserves the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity.
By purchasing via Stripe, you are accepting their Terms of Use. For more information, please visit the Stripe website www.stripe.com.
7. USER-GENERATED CONTENT
The Website (and any of our other digital platforms, mobile applications or social media accounts) may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (‘User-Generated Content’), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.
You agree you are responsible for your User-Generated Content, which includes but is not limited to, any data, text, files, information, usernames, images, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Website, or is in any way connected with Services.
You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive, or for any other reason. You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone, or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.
8. THIRD-PARTY LINKS
The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible for the information, services, or resources of any third parties, nor do they imply any endorsement by, or affiliation with us. We do not guarantee, represent, or warrant that the content of any third party is accurate, legal, or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible either directly or indirectly. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services, or resources.
9. MAINTENANCE
SM is responsible for the support and maintenance of its Website only. We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Website, or any part of, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the Website or Services provided through the Website. Access to the Website may depend on telecommunications, Internet service providers and other external factors; we therefore do not guarantee the availability of the Website all times or at any specific times.
10. PRIVACY AND SECURITY OF INFORMATION
Our Website and Services are subject to our Privacy Policy, which forms part of these Terms and Conditions. Please ensure you read, understand, and agree to our Privacy Policy as updated from time to time.
While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us using the Website or Services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information. For information on data breaches and data security, please review our Privacy Policy.
11. INTELLECTUAL PROPERTY & COPYRIGHT NOTICE
You acknowledge and agree that the Website and the Services contain information, content and material that is owned by us, and is protected by all intellectual property and copyright laws recognised throughout the world, including the Copyright Act 1968 (Cth) whether existing under statute, at common law or in equity, now or hereafter in force.
You are prohibited from copying, distributing, sharing and/or transferring information, content and material from the Website or Services (and/or their associated username/passwords) you purchased to any third party or person. In some cases, we may encrypt, force password and/or stamp license details (including customer name, address, etc.) to ensure additional safety.
No part of the Website or Services may be reproduced, copied, published, framed, transmitted in any form or exploited by any means, other than as expressly permitted by these terms.
We grant you a limited, personal, non-exclusive, non-transferable license to use the digital products, whether purchased or downloaded free of charge, for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to copy, edit, modify, alter, distribute, enhance, create derivative works of, or exploit any of the digital products in any manner.
SMN respects the intellectual property rights of others and warrant that all information and materials provided via the Website and Services is original content of SMN and does not violate the intellectual property rights of any third parties. All references made to third parties or third-party intellectual property is by means of reference only, and we make no claims or association to it.
These Terms do not transfer any of our intellectual property rights to you or any third parties. You are granted no right or license with respect to our trademarks, service marks and logos, used in connection with the Services and Website. All intellectual property displayed on the Website has been provided with consent. All names, logos and trademarks on the Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos, or trademarks, without the express written agreement of the relevant owners.
We may, from time to time, monitor your use of the Website or Services to determine if you are in breach of this Policy. If you infringe our intellectual property rights or any other third party, we have the right to deny access to, or terminate your use of the Services, and to report you to the relevant authorities or take any actions as necessary.
12. TERMINATION
We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Services, effective immediately, with no liability to you or any third party for the following reasons:
(a) where you are in breach of any of the Terms of Use or any related policies;
(b) where at any time you have committed any act of wilful or serious misconduct;
(c) if you fail to pay any fees, payments or expenses properly payable to us for our Services within twenty-eight (28) days of the stipulated date;
(d) where you have created a risk or possible exposure for us;
(e) where there are unexpected technical issues or problems;
(f) at the request of law enforcement or government authority; or
(g) upon a request by you.
13. DISPUTES
In the event a dispute arises from, or in connection with, these Terms and Conditions, the party who claims that there is a dispute will give written notice to the other party, including details of the dispute and a proposed resolution. Within seven (7) days of receiving the notice, the parties will meet in order to resolve the dispute or if they are unable to do so, they will agree upon another method to resolve the dispute in good faith. All aspects of such meetings, except the fact that the meeting was held, will be privileged. If the parties do not resolve the dispute, or where the dispute remains unresolved following the meeting and the parties do not agree upon an alternate method to resolve the dispute, within twenty-one (21) days after receipt of the notice, the dispute may be referred by either party to litigation by notice in writing to the other party.
14. WARRANTIES AND LIABILITY
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF WE ARE LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT OUR OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT OUR OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY WE) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.
IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES SHALL WE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 AUD OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST 12 MONTHS.
BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE US FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.
15. WAIVERS AND INDEMNITY
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY US AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
16. GOVERNING JURISDICTION
The laws of New South Wales govern this agreement, and any access to or use of our Services. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, or other such competent courts, to resolve any dispute or claim between the parties arising from or in relation to this Agreement.
17. MISCELLANEOUS
These Terms and Conditions (and all related documents, policies, and legal notices) constitute the entire agreement concerning your use of this Website and supersedes all previous agreements or understandings, whether written or oral, in relation to your use of this Website.
No amendment or variation of the Terms and Conditions will have any legal effect unless such amendment or variation is documented, and the parties agree and sign the document. If any part of this Agreement is held invalid or unenforceable, that part may be severed from this Agreement, and the remaining portions of these Terms and Conditions will remain in full force and effect.
The failure of a party at any time to perform any obligation under the Terms and Conditions is not a waiver of that party’s right:
(a) to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and
(b) at any other time to require performance of that or any other obligation under the Terms and Conditions.
These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.