Last updated: 5 January 2024

TERMS AND CONDITIONS

1. About the Website

1.1 Welcome to www.NinaRapilane.com. Here, you have the opportunity to explore and buy online courses, physical products, and digital products. Additionally, you can book and buy one-on-one health and wellness consultations and/or group coaching programs listed on the website.

 

1.2 The website (www.NinaRapilane.com) and all associated digital platforms, media accounts, mobile applications (together, the Website), contents, products, materials, and services (together, the Services) are owned and operated by Nina Rapilane Obran ABN 90 993 493 515 (Health and Wellness Coach, ‘we’, ‘us’). The terms ‘you’, ‘user’, and ‘client’ refer to any user or browser of the Website or purchasers of our Services.

 

1.3 We maintain the right to review and modify any of the Terms, and such changes will be updated on this page at our sole discretion. We will make reasonable efforts to notify you of any updates to the Terms. Changes to the Terms become effective immediately upon their publication date.

2. Acceptance of the Terms

2.1 Please carefully review these terms and conditions (Terms). By making enquiries or sending messages, requesting information, consultation, dietary assessment, personalised meal plans, purchasing any Services, including courses and other products, posting comments on the Website, downloading associated materials, or subscribing to any services or newsletters, you are considered to have accepted and agreed to be bound by these Terms, as updated periodically. Alternatively, you can also accept the Terms by clicking to accept or agree to them when this option is provided in the user interface by us.

 

2.2 You acknowledge and agree that the use of the Website and Services is at your own risk. 

 

2.3 If you are under 18 years old, you must obtain prior consent from your parent or guardian to use the Website and Services. 

 

2.4 Any use of the Website and Services beyond what is expressly stated in these Terms will be considered a breach of this Agreement, leading to termination as outlined below.

 

2.5 These Terms do not alter, limit, or exclude any additional rights you may have under applicable laws that cannot be modified, restricted, or excluded.

 

2.6 If you do not agree with the Terms, it is imperative that you promptly cease the usage of the Website or any of its Services.

3. Service Disclaimer

3.1 Our Website and Services are designed to offer health and wellness information and education for those interested in these topics. They are not intended to diagnose, treat, cure, or prevent any disease or specific medical condition. The information, content, blog, messages, images, materials, and resources provided through the Website and Services are offered in good faith for general informational purposes only.

 

3.2 While we strive to derive information from what we believe are accurate and up-to-date sources, we do not make representations or warranties that the provided information is reliable, current, or complete at all times.

 

3.3 None of the content on this Website represents or warrants that any method or service is suitable or effective for every individual. Any explicit or implied recommendations are general and not specific to individual cases.

 

3.4 We may showcase the success of our past or existing clients or customers. However, you acknowledge that the prior success of others does not guarantee your success. Individual results depend on your capacity, background, dedication, motivation, experience, and desire, and no guarantees are made concerning the level of success you may achieve. Your decision to use our information and Services should be based on your own research, and we are not liable for any success or failure related to the purchase and use of our information and Services reviewed or advertised on this Website.

 

3.5 The information on this Website is not a substitute for professional medical advice. Your reliance on our information or Services available on this Website is at your own risk, and we make no guarantees regarding the suitability, outcome, or results from the Services. Always consult with your doctor before starting new treatments, diets, or supplements or when making decisions about continuing medical treatments. If you have any questions about your medical or other conditions, seek the advice of a healthcare professional.

 

3.6 By purchasing the Services, you acknowledge and agree that you are solely responsible for managing your own physical, mental, and emotional well-being. This includes making decisions, choices, and taking actions that result from your relationship with us, our educational materials, and interactions with you. Consequently, you understand and agree that we bear no liability or responsibility for any actions, inactions, or direct and indirect results arising from the Services we provide.

 

3.7 If you have pre-existing medical conditions, are in poor health, or have concerns about starting a new nutrition or fitness program, you should consult with a healthcare professional before commencing any such program. Do not disregard, avoid, or delay seeking medical advice from your doctor or another qualified healthcare provider based on information you have read on this Website.

 

3.8 If you observe any unexpected changes to your health (physical, mental, or emotional) at any time, seek medical attention immediately.

 

3.9 You acknowledge that the Services are provided based on the accuracy and completeness of the information you provide to us. Your failure to provide accurate or complete information may adversely affect the quality, efficacy, or suitability of the Services.

 

3.10 By participating in or obtaining the Services, you acknowledge that you are doing so voluntarily and that, depending on your circumstances, there may be risks to your health. You further acknowledge that these risks may result from your own actions or omissions, the actions of other Website users, or risks that are not known or readily foreseeable at the time of using the Services.

 

3.11 You agree to release and discharge us from any and all claims arising from or in connection with the provision of the Services and any techniques employed. This release includes but is not limited to, claims for personal injury, damages, and death of any participant who has received a Service from us.

 

3.12 If we provide you with additional resources or reference material during any sessions, understand that these resources and/or reference material are intended to be general information only.

 

3.13 To the extent permitted by law, we disclaim liability for any expenses, losses, damages (including indirect or consequential damages), or costs that may arise due to the inaccuracy or incompleteness of information for any reason. This includes your reliance on the information, advice, or documentation provided in the Services, on the Website, or any other related platform.

4. Permitted Use

4.1 We prohibit 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, adhering to all applicable laws and regulations. You agree that you must not interfere with or disrupt the platforms, servers, or networks connected to the Website. Additionally, you agree you are not allowed to use the Website or Services for any unlawful purpose or to solicit the performance of any illegal activity or conduct that infringes our rights or the rights of others.

 

4.2 The use of the Website or Services, or any part thereof, for any commercial purpose or for the benefit of any third party is prohibited. This includes but is not limited to, activities such as 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, except for your own personal use and as permitted by the Terms.

5. Enquiries, Registration and Subscription

5.1 By making a preliminary enquiry, requesting information, consultation, dietary assessment, personalised meal plans, purchasing any Services, including courses and other products, as well as sending a message via the Website or social media, posting a comment on the Website, or downloading associated materials, you will be automatically added to our email list. This action implies your consent to receiving electronic communications from us. 

 

5.2 You will also be given the option to subscribe to our mailing list (Mailing List). As part of the subscription, you may need to furnish personal information, including:

  1. Email address
  2. Name
  3. Address
  4. Mobile telephone number

By opting to subscribe to the Mailing List, you agree to receive promotional material, updates, and other content from us.

 

5.3 If you wish to stop receiving communications from us, you can opt out at any time by following the instructions on the unsubscribe form in our email communications or by sending an email to nina[at]ninarapilane.com.

6. Consultations

6.1 Bookings

6.1.1 When booking an online consultation through the Website, you acknowledge that you have read and agree to be bound by these Terms, whether for yourself or on behalf of a minor. By making a booking, you represent and warrant that you are at least 18 years old. If you are booking on behalf of a minor, you warrant that you are their parent or legal guardian. If a third party is making the bookings on your behalf, you warrant that you have authorised the third party to do so, and you have been advised of these Terms. We use Calendly to process online bookings, and by making a booking, you accept their Terms of Use. For more information, visit the Calendly website at www.calendly.com. We reserve the right to change the preferred booking facilitator from time to time and without notice.

 

6.1.2 You agree and acknowledge that all information provided through the online booking service or enquiry 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 we 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. If we cannot collect this Personal Information and other information as requested, we may not be able to process your booking and may not provide you with some or all of our Services. For more information, refer to our Privacy Policy.

 

6.2 Cancellations and Refunds

6.2.1 While we make every effort to avoid clashes or cancellations of appointments, we, at our sole discretion, may cancel or reschedule your appointment at any time and for any reason prior to the scheduled time.

 

6.2.2 We do not offer refunds for a change of mind or missed consultations. If you voluntarily decide to refuse treatment or 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.

 

6.2.3 Requests for refunds for online consultations, dietary assessments, personalised meal plans, and Services must be in writing and will be subject to our sole discretion. Refund requests will be assessed on a case-by-case basis, and we reserve the right to grant or refuse refunds.

 

6.3 Confidential Information

6.3.1 We provide personalised content (in the form of video files, audio files, and written resources) that can offer assistance to individuals seeking to improve their health and wellness. Your personalised report and meal plans provide insights that may enable you to make more informed health and wellness decisions.

 

6.3.2 During consultations, you may elect to share information regarding your health, medical conditions, or personal matters. We warrant that all information provided in this context will be treated as confidential.

 

6.3.3 In circumstances where you are part of group discussions or information sharing, participants of the discussion will also be obliged to respect the confidentiality of other participants. However, we cannot assume responsibility or protect the confidential information shared in this capacity. We request that participants be mindful of the information they elect to share, respectful of other participants, and of the requirements of participating in closed-group discussions regarding confidential information.

 

6.3.4 Obligations Concerning Confidential Information

 

The Recipient:

  1. may use confidential information of the Discloser only for the purposes of this Agreement;
  2. must keep confidential all confidential information of the Discloser except:
  • where it was rightfully communicated to the Contractor free of any obligation of confidence after 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

       3. must destroy or return all Confidential Information immediately upon request, subject to any legal obligations the Recipient has concerning maintaining client records.

 

6.4 Personalised Reports and Meal Plans

6.4.1 As part of the delivery of our Services, you are required to submit a form providing us with information to assist in the provision of your personalised report and meal plans. Before submitting your form, you agree to the following:

 

  1. You are 18 years of age or older, and any health information you provide is either your own, of a person for whom you are a parent or legal guardian, or whom you have obtained legal authorisation from to provide their health information to us.
  2. You acknowledge you are providing your personal data of your own free will and at your own risk.
  3. You consent to us interpreting your personal data and information on your health for the purpose of providing a personalised report and/or meal plans.
  4. We may provide additional reports based on your health information and may communicate with you about new findings or offer you the opportunity for further analysis. You will be able to opt out of receiving further information or requests.

7. Online Shop

7.1 Purchases and Pricing

7.1.1 If you are purchasing through the Website or any third-party platform (including, but not limited to, course management platforms such as Xperiencify, or digital-product-selling platforms, such as Mailerlite), you acknowledge and agree to be bound by these Terms, whether for yourself or on behalf of a minor. By making a purchase, you represent and warrant that you are at least 18 years old. If you are purchasing on behalf of a minor, you warrant that you are their parent or legal guardian. If a third party is purchasing on your behalf, you warrant that you have authorised the third party to do so, and you have been advised of these Terms.

 

7.1.2 Prices for Services 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 Service as set forth on the Website or otherwise provided to you, including any merchant fees.

 

7.1.3 Transactions are processed in AUD figures; fees that are paid in a foreign currency will be reconciled as of the date of payment and are subject to the prevailing exchange rate and transfer fees. Payments for all Services purchased are inclusive of GST. Upon receipt of payment, you will be issued a tax invoice in accordance with applicable legislative requirements relating to GST in Australia.

 

7.1.4 Your participation, correspondence, or business dealings with any affiliate, individual, or company found on or through our Website, and 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 a result of such dealings with a merchant.

 

7.2 Gateways and Merchants

7.2.1 We use Stripe as our payment gateway. For more information, please visit the Stripe website at www.stripe.com. You agree to comply with the terms provided by the payment-processing merchant or payment platform.

 

7.2.2 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 information as requested, we may 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.

 

7.2.3 We reserve the right to change the preferred payment gateway from time to time and without notice.

 

7.3 Credit Cards, Chargebacks, and Payment Security

7.3.1 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 for which we are responsible. 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.

 

7.3.2 We reserve the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity.

 

7.3.3 By purchasing via Stripe, you are accepting their Terms of Use. For more information, please visit the Stripe website at www.stripe.com.

8. Course Delivery and License Information

8.1 Each purchase of the Course grants you access to the program through the provided platform (Membership Portal).

 

8.2 Upon purchasing the Course, we provide you with a limited, revocable, non-exclusive, non-sublicensable, non-transferable license. This license allows you to access and use the specific Course, along with any related software, content, equipment, or other materials, solely for your non-commercial use (License).

 

8.3 The License is valid only for the duration of the Course (License Term). During this term, the Course will be accessible via the provided link. Once the License Term expires, you will no longer have access to the Course.

 

8.4 The Course is intended for use within a single household during the License Term. Sharing your License, including any supplemental Course materials, booklets, or access to other Course aspects, is strictly prohibited.

9. Copyright and Intellectual Property

9.1 You acknowledge that the Website, Purchase Services, Course content, our name, services, and any associated intellectual property rights, including copyrights, patents, trademarks, and proprietary rights, are the property of Nina Rapilane Obran, our affiliates, licensors, or suppliers. This includes materials displayed on the Website, social media accounts, blog, or any related platform (Content).

 

9.2 By agreeing to these terms, you indemnify and agree to hold us harmless from any liability, losses, or expenses incurred due to any breach of our intellectual property rights or any third party by you or your agents.

 

9.3 Without prior written permission from us and other relevant rights owners, you may not broadcast, republish, upload to a third party, transmit, post, distribute, show, or play in public, adapt, or change the Content or third-party content for any purpose. This prohibition excludes materials on the Website that are freely available for reuse or are in the public domain.

 

9.4 For services allowing you to use any software, content, equipment, or other materials owned or licensed by us, a limited, revocable, non-exclusive, non-sublicensable, non-transferable license is granted. This license is for accessing and using the specific services, along with any related software, content, equipment, or other materials, for your specific, non-commercial use only.

10. Privacy

We value your privacy, and any information provided through your use of the Website and/or Services is subject to our Privacy Policy.

11. Third-Party Links, Information, and Guest Contribution

11.1 The Website may feature links to third-party websites or resources for informational purposes. You understand and agree that we bear no responsibility for the information, services, or resources offered by any third parties, and these links do not imply any commercial endorsement or affiliation with us. We do not assure, represent, or warrant the accuracy, legality, or inoffensiveness of third-party content, nor do we guarantee its freedom from viruses or potential impact on your hardware or software. Unless explicitly stated otherwise, these Terms and Conditions exclusively apply to the use of this Website and our Services. Any other links are subject to the terms and conditions of the respective website or resource, for which we bear no direct or indirect responsibility. You acknowledge that assuming all risks arising from your use of such websites, services, or resources is solely your responsibility.

 

11.2 Periodically, we may present information from third parties in the form of podcast guest interviews, guest blog posts, or interviews through other media. We do not exercise control over the information provided by these third-party guests, refrain from investigating the truthfulness of their statements, and cannot ensure the accuracy of the information they present.

 

11.3 Individuals agreeing to participate as guests on any of our podcasts agree to transfer all intellectual property rights related to such interviews to us. Furthermore, they grant an unrestricted, global, royalty-free license to any rights they are unable to assign.

 

11.4 Additionally, you acknowledge that the Website may contain affiliate links. To understand more about our affiliate practices, including how we may earn a commission, please refer to our Affiliate Disclaimer.

12. User-Generated Content

12.1 When contributing any content to the Website, which includes but is not limited to any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, 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 are solely responsible for it (Your Content).

 

12.2 By contributing content, you grant us a royalty-free, non-exclusive license to use Your Content in various ways, including but not limited to featuring your photos or videos on different sections of the Website (which includes our social media accounts), in advertising, or promotions.

 

12.3 If Your Content includes personal information, such as location or name, you agree that Project Nutrition can use that information along with Your Content for advertising, promotional purposes, or any other business purpose.

 

12.4 You confirm that you own or have the right to use any copyrighted material in Your Content. This includes ensuring you have the permission of individuals appearing or performing in Your Content and that you are not infringing on any third-party rights. You also confirm that, when applicable, you have sought the consent of the parent or guardian of anyone under the age of 18 featured in Your Content.

 

12.5 Keep your own copies of Your Content, as we may not archive, store, or back it up, nor continue to make it accessible online.

 

12.6 We will make reasonable efforts to credit you appropriately when using Your Content on the Website, although this may not always be possible.

 

12.7 We reserve the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory, racially, sexually, religiously, or otherwise objectionable and offensive.

13. Maintenance and Termination

13.1 We are responsible for the support and maintenance of our Website only. We reserve the right to modify, suspend, or terminate the operation or access to the Website, or any part of it, at any time and without notice. This may be necessary for maintenance, error correction, or other changes.

 

13.2 You acknowledge that changes may be made to the Website or the Services provided through it. Please be aware that access to the Website may be contingent on external factors, including telecommunications and internet service providers. As a result, we cannot guarantee the availability of the Website at all times or during specific periods.

 

13.3 We reserve the right, at our sole and absolute discretion, to immediately suspend or terminate your access to the Website or Services with no liability to you or any third party. This action may be taken for the following reasons:

 

  1. Breach of any of the Terms or related policies;
  2. Willful or serious misconduct on your part;
  3. Failure to pay any fees, payments, or expenses owed to us within 28 days of the specified date;
  4. Creation of a risk or possible exposure for us;
  5. Unexpected technical issues or problems;
  6. Request from law enforcement or government authority; or
  7. (g) Upon your request.

14. Warranties and Liability

14.1 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.

 

14.2 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.

 

14.3 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 US) 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.

 

14.4 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.

 

14.5 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.

 

14.6 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.

 

14.7 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 Law and Dispute Resolution

16.1 In the event of a dispute arising from or in connection with these Terms, the party asserting the existence of a dispute shall provide written notice to the other party, outlining the details of the dispute and proposing a resolution. Within seven (7) days of receiving the notice, the parties shall convene to discuss and attempt to resolve the dispute. If a resolution cannot be reached during this meeting, the parties will in good faith agree upon an alternative method for dispute resolution.

 

16.2 All discussions during these meetings, except for the confirmation of their occurrence, will be considered privileged. If the parties fail to resolve the dispute or do not agree on an alternate resolution method within twenty-one (21) days after receiving the initial notice, either party may escalate the matter to litigation by providing written notice to the other party.

 

16.3 The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding, or claim arising out of or in any way related to the Terms and the rights established herein shall be governed, interpreted, and construed by, under, and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, regardless of mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding for the benefit of the parties involved and their successors and assigns.

17. Venue and Jurisdiction

In the event of any dispute arising from or in connection with the Website or Services, you consent to the exclusive jurisdiction for resolving such disputes in the courts of Queensland, Australia.

18. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable. Each party acknowledges having had the opportunity to seek independent legal advice and asserts that the Terms do not contravene public policy based on considerations of inequality, bargaining power, or general restraint of trade principles.

19. Miscellaneous

19.1 These Terms, inclusive of all associated documents, policies, and legal notices, constitute the comprehensive agreement governing your use of this Website, superseding all prior agreements, whether written or oral, pertaining to the subject matter.

 

19.2 In the event that any part of these Terms is deemed void or unenforceable by a court of competent jurisdiction, such portion shall be severed, and the remaining provisions of the Terms shall continue to be valid and enforceable.

 

19.3 The failure of a party to enforce any obligation under the Terms at any given time does not constitute a waiver of that party’s right:

 

  1. to insist on the performance of, or seek damages for a breach of, that obligation, unless the party explicitly acknowledges in writing that the failure is a waiver; and
  2. at any other time to require performance of that or any other obligation under the Terms.

 

19.4 These Terms are binding on the parties and will extend to the benefit of their successors and permitted assigns.