Terms and Conditions of Use Policy
Welcome to HEART CONSCIOUSNESS(“Website”). The Website is owned and operated by [Lesley Williams Halverson] (“Provider”). The Provider and its affiliates provide their services to you subject to the following Terms and Conditions of Use.
TRUITY ®© AUSTRALIA. TRUITY is A Registered trade mark covering Category 9,12 of the Trade Mark Act.
- ACCEPTANCE OF TERMS
The TC may be updated without notice from time to time. You can review the most current TC at [insert web page].
The contents of the Website are provided for social and entertainment purposes only. Nothing contained in the Website is to be used as professional advice and is not intended to be used to diagnose, treat, cure or prevent any injury, disability or disease, nor should it be used for therapeutic purposes. The Website is not a substitute for professional advice, diagnosis and treatment or disposition, including but not limited to medical, legal and/or psychological.
The Provider an/or its affiliates do not recommend or endorse any specific tests, professionals, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by the Provider or other visitors to the Website is solely at your own risk.
You may post entries, stories, depictions, recollections, remembrances, thoughts, reviews, comments, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information, on the provision that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, material to the commission or investigation of a crime or other illegal activity, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an entry or other content. The Provider reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content for these violations.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity.
If you post content or submit material, and unless indicated otherwise, you grant the Provider and/or its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, including the right to use your username and to edit any content deemed appropriate for any purpose, including but not limited to making grammatical corrections and/or creating derivative works from, distribute, and display such content throughout the world in any media.
The Provider has the right but not the obligation to monitor and edit or remove any activity or content.
The Provider takes no responsibility and assumes no liability for any content posted by you or any third party.
- CHILDREN'S PRIVACY AND USE
We are committed to protecting the privacy of children. You should be aware that the Website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
The Website may contain health and/or medical related materials that are medically graphic and/or sexually explicit. If you are between the ages of 13 and 17 (inclusive) you may use the Website only if you have the express permission of a parent or legal guardian. The parent or legal guardian shall be solely responsible for supervising a child’s use of the Website, for ensuring information submitted is accurate and for the child's interpretation and use of any information or suggestions provided by the Website.
- ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to us, you are communicating with us electronically. By providing the Provider with your email address, you agree to receive electronic communications to your email, including but not limited to newsletters, updates, notifications, and alerts. You may choose to turn off all but the most critical notifications in your account's settings.
- INTELLECTUAL PROPERTY
All content included in the Website, including but not limited to texts, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software and product get-up, is the property of the Provider or its subsidiaries or its affiliates or its content suppliers. All such content is protected by relevant and enforceable intellectual property rights, such as copyright, trademarks and patents as applicable, including but not limited to, the “TRUITY” trademark and the Australian Patent No 729209 that are both registered under the name of the Provider.
- LICENCE AND SITE ACCESS
Subject to Clause 8.4, the Provider grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify any of its content, or any portion of it, except with express written consent of the Provider.
This license does not include any resale or commercial use of this site or its contents; any collection and use of any listings, topics, categories, or prompts; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another site; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Provider. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Provider and/or its affiliates without express written consent of the relevant party. You may not use any meta tags or any other "hidden text" utilising the Website and/or the Provider’s name or trademarks without the express written consent of the Provider.
Subject to Clause 8.4, the Provider further grants you a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Website and/or the Provider and/or its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of the Website’s, Provider’s and/or its affiliates’ logo or other proprietary graphic or trademark as part of the link without express written permission of the relevant party.
Any unauthorized use immediately terminates the permission or licence granted by the Provider.
- YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Provider and/or its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- INTELLECTUAL PROPERTY INFRINGEMENT
You agree to indemnify and hold the Provider and its subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claim, action or demand including without limitation, reasonable legal and accounting fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Provider including your violation of the TC and/or your violation of any rights of another.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PROVIDER EXPRESSLY DISCLAIMS 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.
- THE PROVIDER AND/OR ITS AFFILIATES MAKE NO WARRANTY THAT:
- YOUR ACCESS AND USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS;
- YOUR ACCESS AND SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS;
- THE CONTENT OF THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; AND
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PROVIDER OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TC.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROVIDER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE WEBSITE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE;
- UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR
- ANY OTHER MATTER RELATING TO THE WEBSITE.
- SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to the Website, policies and this TC at any time. If any of the provisions of this TC be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
- GOVERNING LAW
This TC and any non-contractual obligations arising out of or in relation to this TC shall be governed by and construed in accordance with the law of the States of NSW & Queensland, Australia.
You understand, agree and acknowledge that the courts of the states of NSW & Queensland, Australia, are to have exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with this TC and for such purposes irrevocably submit to the jurisdiction of the courts of the state of Queensland, Australia.
- LINKS TO THIRD PARTY WEB SITES
In an attempt to provide you with increased value, links to affiliate or third party websites may be included on the Website. These websites operate under their own terms and conditions, and not under this TC. You should review the relevant terms and conditions of use for these linked websites. The Provider does not control, recommend, sponsor or endorse any such affiliate or third party websites and you acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.
- OUR ADDRESS
LESLEY WILLIAMS | Heart Consciousness
ABN: 66426100346 TRUITY.
12 Banjos Circuit Tamworth 2340 Nsw