Terms and Conditions
About the Site
Welcome to wellbeingcollective.co (also referred to here as ‘the site’; ‘the publisher’ and ‘Wellbeing Collective’). The site publishes information and also facilitates interactions between the reader/receiver and any provider of goods and services advertising or promoting their products on this site, or being mentioned editorially, making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver information and any products and/or services in a fast and secure manner (the ‘Products and/or Services ‘).
- The site is operated by co(ABN 12042773743).
- Access to and use of the site, is provided by Wellbeing Collective. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the site, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the site, or any of its Products and/or Services, immediately.
- Wellbeing Collective reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Wellbeing Collective updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by registering for the Products and/or Services and/or making any payment as required under the Terms for use of the Services.
Copyright and Intellectual Property
- The site, the Products and/or Services and all of the related products of Wellbeing Collective are subject to copyright. The material on the site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the site (including but not limited to text, graphics, logos, button icons, video images, audio clips, site, code, scripts, design elements and interactive features) or the Products and/or Services are owned or controlled for these purposes and are reserved by Wellbeing Collective or its contributors. Wellbeing Collective does not grant you rights whatsoever in relation to the site or the Services. All rights are expressly reserved by Wellbeing Collective.
- Wellbeing Collective retains all rights, title and interest in and to the site and all related Products and/or nothing you do on or in relation to the site will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
- You may not, without the prior written permission of Wellbeing Collective and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Products and/or Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the site, which are freely available for re-use or are in the public domain.
- Where you broadcast, publish, upload, transmit, post or distribute your content on the site, then you grant to Wellbeing Collective a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change your c
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Wellbeing Collective will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Products and/or Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the site and the Products and/or Services is at your own risk. Everything on the site and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Wellbeing Collective make any express or implied representation or warranty about the Products and/or Services or any Products and/or Services (including the products or Services of Wellbeing Collective referred to on the site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the site, the Services, or any of its Services related products (including third party material and advertisements on the site);
- costs incurred as a result of you using the site, the Products and/or Services or any of the products of Wellbeing Collective; and
- the Products and/or Services or operation in respect to links which are provided for your convenience.
- You acknowledge that the Wellbeing Collectivesite and the Products and/or Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any Products and/or Services other than the Products and/or Services and Wellbeing Collective holds no liability to you as a result of any conduct of the Members or the misuse of your content by any party (including other Members).
Limitation of Liability
- Wellbeing Collective total liability arising out of or in connection with the Products and/or Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Products and/or Services to you.
- You expressly understand and agree that Wellbeing Collective, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- You acknowledge and agree that Wellbeing Collective holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the site.
- You agree to indemnify Wellbeing Collective, its affiliates, employees, agents, contributors, 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, suffered or arising out of or in connection with your content;
- any direct or indirect consequences of you accessing, using or transacting on the site or attempts to do so; and/or
- any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties ‘) must:
- Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Victoria, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
- The Services offered by Wellbeing Collective is intended to be viewed primarily by residents of Australia. In the event of any dispute arising out of or in relation to the site, you agree that the exclusive venue for resolving any dispute shall be in thecourts of Victoria, Australia.
- The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
- Both parties confirmand declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.