The Site is operated by Hot and Healthy ABN – 27 862 617 476 – described as (We, Our) provides Users with access to the Content and Facilities on the Site pursuant to a non-exclusive, worldwide, non-transferable licence contained in these Terms and Conditions.
By viewing the Content, using the Facilities on the Site, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms and Conditions and that they are legally able to agree to be bound by them. If You do not agree to these Terms and Conditions, please leave this Site immediately.
1.1 Definitions used in these Terms and Conditions
Content means the written material, documents, graphics and all the works shown in physical form on the Site including without limitation all text, alt tags, feedback, graphics, photographs, trademarks, logos, sound, music, and artwork.
Designated Agent means the person appointed by the Site owner to respond to allegations of Copyright breaches of Content that appears on the Website.
Facilities means any feature that appears on the Site, including the Academy platform within Kartra, which is a third party software for Users to use that is not Content.
2. Permitted use of Content and Facilities
(a) Unless otherwise indicated, We reserve all copyright in the Content and design of the Site. We own all such copyright or provide it to Users it under the terms of a limited licence embodied in these Terms and Conditions each time You visit the Site.
(b) Users may download, print or copy Content provided on the Site for their own use. Unless provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit or cause others to provide access to the Site.
(c) Users must not use, reproduce, communicate, publish, or distribute any of the Content on our Site unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act). In particular, You must not reproduce or use any of the information on our Site for commercial benefit.
(d) Other than for the purposes of and subject to the conditions prescribed under the Act as otherwise provided for in these Terms and Conditions, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.
We may be the owner of several common law (or where indicated), registered trademarks which appear on the Site. Unauthorised use of these trademarks will infringe our intellectual property rights. If You have infringed our rights in this regard we reserve our right to take action against You.
2.3 Prohibitions on use
This Site and the information and facilities contained herein must not be used in any manner that infringes Our rights. Users must not:
(i) data mine or conduct automated searches on our Site or the Content on our Site, whether through the use of additional software or otherwise;
(ii) frame or mirror our Site;
(iii) tamper with, hinder the operation of, or make unauthorised modifications to the Site or any of its Content;
(iv) transmit any virus, worm or other disabling feature to or via our Website;
(v) abuse, defame, harass, stalk, threaten or otherwise violate our legal rights;
(vi) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from our Site or the domain;
(vii) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded by a User;
(viii) use our Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);
4. Provision of service
We may without notice suspend access to the Site or disconnect or deny Users access to any part of the Site during any technical failure or maintenance period.
We may also choose at our sole discretion to block or deny any particular User with access to any of the Content or Facilities contained on the Site.
We may make improvements and or changes to Site and the Content at any time without notice. We do not warrant that the information architecture or navigation will not change now or at any time in future.
5. Limitation of liability
(a) Users access the Site at their own risk and are responsible for compliance with the laws of their home jurisdiction in addition to these Terms and Conditions.
(b) We make the Site available for Users to use, however, we do not assume a duty of care to Users or to Users of our End Users Websites. We make no representation and provide no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content on the Site.
(c) If relying on the Content, Users must make their own investigations to ensure its accuracy before relying on the Content.
(d) No warranty or representation that the Site and the Content will not cause damage or are free from any computer virus or any other defects or errors is made.
(e) Where any law implies a warranty into these Terms and Conditions which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the product or services again, or the payment of the cost of having them supplied again.
(f) Where liability cannot be excluded, any liability incurred in relation to the use of the Site or the Content is limited as provided under the Competition and Consumer Act 2010 (Cth).
(g) Under no circumstances will Hot and Healthy in Business be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or reliance on Content on the Site.
6. Links to third party Sites
We do not represent that the Content on other websites to which our Site contains links to does not inadvertently infringe the intellectual property rights of any person anywhere in the world.
By inadvertently linking to infringing third party content, We are not authorising the infringement of any intellectual property rights contained on those websites. Please contact us at firstname.lastname@example.org to notify us of any links you allege are infringements.
7. Uploading information
Users represent and warrant in relation to information that they may provide to the Site that:
(i) they will not knowingly transmit any worm, virus or other disabling feature to Our Site;
(ii) they are authorised to provide the Content uploaded;
(iii) they are the original author of the Content, or have the right to use the Content that is uploaded;
(iv) the information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(v) the information is not the ‘passing off’ of any product or service;
(vi) the information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information, trade secrets and copyright;
(vii) by providing the information the User is not breaking any law of Queensland Australia.
8. Miscellaneous provisions
8.1 Access to the Site outside the Jurisdiction
No representation or warranty is made that the Content on the Website complies with the laws of any country outside the Jurisdiction of Queensland Australia. If Users access the Site from outside Australia, they do so at their own risk.
8.2 Changes to Terms and Conditions
We may change the Terms and Conditions at our discretion by providing notice on our Website. The version of the Terms and Conditions that applies to Users will be available on the Site each time a User visits the Site.
8.3 Entire agreement
These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement with the Users. Any contact with Our Officers, Agents or Authorised Representatives that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms and Conditions.
By using the Site, Users indemnify Us and our respective officers, employees, subsidiaries and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that We may incur or suffer as a direct or indirect result of:
(i) a breach of these Terms and Conditions of Use;
(ii) an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from our Website;
(iii) any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third parties copyright or trademark.
Users irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland Australia. Any dispute between the parties in relation to these Terms and Conditions of Use will be heard by a Court in Queensland, Australia.
If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.
If We do not act in relation to a particular breach by Users of these Terms and Conditions, this will not be treated as a waiver of Our right to act with respect to subsequent or similar breaches.