Terms Of Use

BY ACCESSING AND/OR USING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING TERMS OF USE AND PRIVACY POLICY.

1.Agreement
1.1

These Terms of Use and Privacy Policy, as well as any Additional Terms we may establish from time to time (together, the “Agreement”) set out the terms and conditions governing your access to wellweb.com (“Website”) and the relationship between Wellweb Pty Ltd ACN 642 060 302 (“Wellweb,” “we,” “our” and “us”) and any Free User to and/or Subscribed User of the (“you” and “your”).

1.2

By accessing and/or using our Website (on a paid or free basis), you accept and agree to be bound by this Agreement “as is” and in its entirety. You must not access and/or use our Website if you do not agree to be bound by this Agreement.

1.3

We can apply additional terms and conditions ("Additional Terms") to some or all activities and Site Content available on our Website. Additional Terms will be made available to you before or at time you agree to comply with them. Additional Terms form part of this Agreement.

2.Changes
2.1

We reserve the right to amend, modify, add to or delete any of these Terms at any time, and such changes shall be effective and binding on you and us immediately upon us notifying you by email or by posting the update on the Website. If you do not agree to our changes of this Agreement, your sole remedy is to cancel your account and discontinue your use of the Website and Site Content.

2.2

We reserve the right at any time to amend, modify, add to, delete, suspend or remove, temporarily or permanently, parts or all the Website and/or the Site Content without notice. Subject to applicable law, we will have no liability to you or to any third party for any such events.

3.User Requirements
3.1

You can use our Website as a "Free User" or a "Subscribed User." Free Users can only use some parts of the Website. Subscribed Users can use all of the Website, although Additional Terms and additional fees may apply to some premium features. Subscribed Users must complete the registration procedures on the Website and pay the required subscription fee.

3.2

By completing the registration procedures displayed on the registration page(s) of the Websites, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Websites (the "Registration Data"), and (b) you are obliged to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Websites and the Site Content (or any portion thereof).

3.3

You must be over the age of 18 to use our Website as a Free User or a Subscribed User. Our Website is not directed toward children and we do not knowingly collect information from children. If you know or reasonably suspect that a child has provided information to us through the Websites, please contact us by email at info@wellweb.com.

3.4

Subscribed Users must set a password, provide your email address, and may be required to provide other information. You are fully responsible and liable for all access to and use of the Websites and the Site Content that occur under your password or account.

3.5

You agree that we may use your account information if required by law or otherwise in accordance with our Privacy Policy.

4.Fees and Payment
4.1

Use of the Website as a Subscribed User is requires your payment of a fee ("Fee"). The Fee is payable in AUD or other currency as applicable. You must provide your credit card details at the time of registration. Fees are due and payable on registration and monthly thereafter. You irrevocably consent to us automatically charging your card on registration and monthly thereafter during the Term. We can change the Fee at any time by notice to you, either emailed or posted to our Website. You must inform us of any changes to your credit card details. If we cannot charge your credit card for any reason we may suspend or terminate your account without notice. You are responsible for our costs (including legal costs) of recovering overdue Fees from you.

4.2

Fees quoted are inclusive of Australian GST unless otherwise indicated. You are responsible for payment of all taxes, duties and excise on the supply.

5.Content
5.1

The content on our Website (“Site Content”) includes: content owned by Wellweb (including our trade marks and content created and/or acquired by us (“Wellweb Content”), and content owned by third parties and licensed to Wellweb for use on the Website (“Third-Party Content”). Wellweb and its third-party licensors own and retain all rights, title and interest in and to their respective content subject only to the limited licensed granted herein.

5.2

Wellweb hereby grants to Fee Users and Subscribed Users a limited, personal, revocable, non-sublicensable license to display a single copy of the Site Content located on our Websites and accessible to them depending on which type of user they are. The licence is subject to the terms of this Agreement and is solely for your personal non-transferable non-commercial use in connection with viewing our Websites. You may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Site Content for any purpose whatsoever. The licence is revocable by us and terminates automatically on the termination or expiry of this Agreement.

5.3

The Websites may contain third-party advertising and/or links to other sites owned by third parties. We are not endorsing and are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these third parties. Wellweb have no responsibility or liability for the actions, products, services, and/or content of any such websites. You should make your own investigations before engaging with them in any way, and you do so at your own risk.

6.Health
6.1

Much of the Site Content is information, discussion, opinion and instruction relating to exercise and fitness, both physical and mental. The content creators have not and could not have taken your personal circumstances into account. The Site Content may not be suitable or advisable for all people. You must always consult your doctor before beginning an exercise or dietary program. You are responsible for consulting your own professional healthcare providers before using the Site Content or attempting any of the exercises or procedures or following any opinion, and we strongly recommend that you do so. We and the content-providers are not licensed medical care providers, are not giving personal advice or treatment. If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a doctor.

6.2

There is the possibility of physical injury and/or death in any exercise or exercise routine, and you assume the risk and responsibility for any such results. If you know or suspect you have any pre-existing medical condition it is essential that you seek personal medical advice before attempting any exercise or dietary program.

7.Term and Termination
7.1

This Agreement (as amended from time to time) remains in full force and effect until terminated by Wellweb or by you.

7.2

You may terminate your status as a Subscribed User at any time, by notifying us by email at info@wellweb.com. Such termination will be effective only at the end of the subscription period in which Wellweb processes the request. You will be able to continue viewing Subscribed User content until the expiration of the relevant subscription period. Subject to law, termination of your status as a Subscribed User is your sole right and remedy with respect to any dispute with Wellweb.

7.3

Wellweb may suspend or terminate your status as a Subscribed User, cancel your account, and disable your access to the Websites and Site Content at any time for any reason without notice or liability to you.

7.4

Clauses 3, 4, 5, 6, 7, 8 and 10 survive termination of this Agreement.

8.PWarranties and liability
8.1

Subject to law, the Websites and the Site Content are offered without warranties of any kind whatsoever by Wellweb and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following:

(a)

Your use of the Websites and the Site Content is at your sole risk. The Websites and the Site Content are provided on an “as is” and “as available” basis. We and our affiliates, successors and assigns, and their related entities, licensors and contractors (collectively, the “Wellweb Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the websites, and any third party websites with which they are linked.

(b)

The Wellweb-Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Website.

(c)

The Wellweb-Related Parties make no warranty that the Website or the Site Content will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Websites or the Site Content will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.

(d)

Any material obtained through the use of our Website is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.

8.2

Subject to law, you hereby waive, release and discharge the Wellweb-Related Parties from and against any claims that you may be entitled to make arising from any use of your User Content.

8.3

We acknowledge that provisions in the Competition and Consumer Act 2010 (Cth) (as amended) and other statutes from time to time imply or impose statutory guarantees, conditions or warranties into contracts for the supply of services which cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent (“Non Excludable Terms”). To the maximum extent permissible at law, we hereby exclude all conditions, warranties, guarantees, terms and obligations expressed or implied by law in connection with this Agreement, or any information and services provided under it. Nothing in this Agreement is intended to exclude or restrict the application of the Non Excludable Terms beyond the maximum extent permissible at law.

8.4

For the avoidance of doubt and to the maximum extent permissible at law, the application of the Non Excludable Terms is excluded where our products are purchased for purpose of resale to by you to third parties.

8.5

We are not liable to you or any other person for any loss or claim of any kind in connection with this Agreement, or any information and services provided under it, except to the extent caused directly by our negligence or wilful misconduct.

8.6

If any Non Excludable Terms apply, then to the extent to which we are entitled to do so, our liability under those Non Excludable Terms will be limited at our option to:

(a)

In the case of services

(i)

the supplying of the services again; or

(ii)

the payment of the cost (if any) of having the services supplied again.

(b)

In the case of goods:

(i)

the replacement of the goods or the supply of equivalent goods; or

(ii)

the repair of the goods; or

(iii)

the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv)

the payment of the cost of having the goods repaired.

8.7

To the extent permitted by law, we will be under no liability to you or any third party in any circumstances for any indirect, special or consequential loss or damage, including but not limited to loss of revenue or loss of profit howsoever arising and whether in an action in contract, tort, in equity, under statute, or on any other basis.

8.8

Notwithstanding anything to the contrary contained in this Agreement, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for the products or services.

8.9

Subject to law, you agree to indemnify us against any claim, loss, liability or damage, costs, charges and expenses (including our legal costs on a solicitor/ own client basis) suffered or incurred by us which arise directly or indirectly in relation to your use of the Website and/or the Site Content in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement.

9.Access.
9.1

You may not attempt to override or circumvent any such security components and usage rules embedded in the Website.

9.2

You acknowledge and agree that some content may not be available in your geographic location due to licensing restrictions, and therefore, cannot be viewed.

10.General
10.1

Entire Agreement. Unless otherwise specified, this Agreement (including the Privacy Policy and Additional Terms), constitutes the entire agreement between you and Wellweb regarding your use of the Websites and Service. This Agreement supersedes any prior agreements, statements or representations between you and Wellweb with respect to the subject matter.

10.2

Jurisdiction. This Agreement is made in and shall be governed by the laws of the State of Victoria, Australia. You and Wellweb hereby submit to the exclusive jurisdiction of the courts of that State.

10.3

No Waiver. Any failure by us to exercise or enforce any right and/or remedy under this Agreement shall not operate as a waiver of that right and/or remedy.

10.4

Relationship. This Agreement establishes an independent contractor arrangement only and not a partnership, joint venture, employment, fiduciary, agency or other relationship.

10.5

Binding on Successors. This Agreement is binding on and inure to the benefit of the executors, administrators, licensees, successors and/or assignees of the parties

10.6

Assignment. Wellweb may assign, sublicense and/or otherwise transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without notice to you.

10.7

Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at info@wellweb.com. Except as otherwise specified elsewhere in this Agreement, notices to Wellweb may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from Wellweb.