Terms Of Use

Terms Of Use

TERMS OF USE

By using or accessing any of our courses, podcasts or videos (including any contributors’ or third-party licensed content incorporated in those courses, podcasts or videos) (‘our content’) on the Kajabi® platform (www.newkajabi.com), you agree that you have read and understood these Terms of Use and that they will apply to your use or access.

These Terms of Use will take precedence, with respect to your relationship with us, if there is any inconsistency between them and any third-party terms you may be required to agree to in order to access our content.

Our content 

All of our content is intended as general information only. If you believe you have a medical condition, including one discussed in any of our content, you should see your doctor or other registered healthcare professional without delay. DO NOT use our content to diagnose yourself.

Your circumstances have not been taken into account in preparing our content and, while reasonable efforts have been made, we make no representation about its currency or accuracy. Be aware that some of the information may not be correct if you do not live in Australia. Our content is not intended as training for healthcare professionals or organisations.

We own the intellectual property rights (including copyright) in our content, except ownership expressly shared with named contributors and third-party licensed content which may not be attributed. You are granted a limited, non-exclusive right to access and view our content in accordance with any other stated restrictions or conditions, such as the length of the course subscription you purchased from Kajabi® or the payment of any other fee notified by us. You may not sub-licence these rights to others. Unless you are allowed to do so by law, you are not allowed to share, copy, modify, adapt, sell or otherwise distribute our content. All of our rights are otherwise reserved.

You agree that it is a condition of your licence that you are not to tamper with or access our content in any unauthorised manner or to seek to introduce any viruses, malware, ransomware or any other malicious code into our content or to subject the website or platform through which you are accessing our content to any form of attack, including to slow the speed of, or to deny access to, that website or platform.

If you breach these licence terms, your right to use and access our content ends. Without limiting our other rights and remedies, in that situation we may also remove any ongoing access to our content which you may have.

TheHealthDocs™ is our trade mark and must not be used without our express written permission.

 

No endorsements

From time to time we may co-author or co-present material with other contributors. This does not imply an endorsement by TheHealthDocs™ of those contributors or an endorsement of TheHealthDocs™ by those contributors. In the same way, if we provide a link to an external website, this does not imply an endorsement of that website or a relationship between us and that website. The use of an external website may also be governed by its own terms.

Data use & third-party service providers

You are solely responsible for the data charges associated with using or accessing any of our content.

We make no commitment that our content will be reliable or available during any particular period. Our content is hosted on the on the Kajabi® platform (www.newkajabi.com) and we have no control as to the uptime or availability of that platform or any other third-party service provider, including the provider of your internet service.

 

Your purchases

All sales of our content are made by Kajabi® which is a third-party website and those transactions will be processed according to its applicable terms. Refunds will also be in accordance with those terms. This will be the case to the extent the law permits.

 

Cybersecurity

We do not make any representation to you that either our content, or the website or platform through which you are accessing our content, will be free from viruses, malware, ransomware or any other malicious code, although we do take reasonable measures to prevent it. You should also take reasonable precautions in this respect.

 

Discussion groups

If we provide a forum for comments, we may provide separate terms governing posts and discussion. At a minimum, however, all such forum comments must be respectful of others and compliant with the law, including the law in relation to defamation and anti-discrimination. Comments must be treated as public and not confidential. If we do not consider your comments to be respectful or lawful, we will remove them without reference to you and in our absolute discretion. You will be solely responsible for your comments and you agree to indemnify us in relation to any claims made against us by third parties as a result of your comments (including our legal costs on an indemnity basis). You grant us a perpetual, non-exclusive, worldwide, royalty-free, licence to use and display your comments on our website and in any published compilation of those comments.

 

Our liability

WE EXCLUDE ALL LIABILITY AND WARRANTIES INCLUDING THOSE IMPLIED BY LAW (OTHER THAN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED) TO THE EXTENT THE LAW PERMITS IN RESPECT OF OUR CONTENT, INCLUDING ANY LIABILITY FOR OUR NEGLIGENCE.

In respect of any of our content which may be goods for which our liability cannot be excluded under the Australian Consumer Law, we are required by law to state the following:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

If our liability under such consumer guarantees cannot be excluded for any goods or services which are not for personal, domestic or household use or consumption, our liability is instead limited to the resupply of those goods or services or a refund, at our election.

For any liability that cannot be excluded, and to the extent the law permits, we are not liable for any indirect or consequential loss, such as your loss of income, profits, revenue, opportunity or data, including arising from our negligence.

 

Applicable law

The law applying in the State of Queensland, Australia, applies to these Terms of Use and any dispute about them will be resolved by a court or tribunal in that jurisdiction only.

 

Your privacy

Your privacy is important to us and we comply with all applicable privacy legislation. Please note that whether certain legislative requirements apply will depend on things like our business turnover and the type of information we collect.

Please also note that TheHealthDocs™ does not collect personal information which is health information within the meaning of the Privacy Act 1988 (Cth).   

We may ask you to supply personal information, such as your name and email address, in order to provide you with our content or some other services, such as email newsletters. We will never provide that to our advertisers or any third party without your permission. If you want to change, correct, or want us to stop using, this information, just let us know. While we will use reasonable security measures, we cannot guarantee that your data will not be illegally obtained from us.

If we send you an email, it will only be after you have agreed to receive it. All emails will contain a facility to allow you ‘unsubscribe’ at any time and all such requests will be processed as soon as practicable.

Personal information provided by you to third party websites or services on which our content is hosted is governed by the terms of use of those websites or services and you should consult those terms for details.

 

Changes

We may change these Terms of Use and, if we do, they will apply to any new courses, podcasts or videos you may purchase.

WORKSHOP AND FACEBOOK GROUP TERMS
 
The purpose of this group is to facilitate general discussion about healthier lifestyles for a healthy weight, including the material on the TheHealthDocs™ Facebook page. By using or accessing this group you agree to abide by the following:
 
You agree that you are at least 18 years of age.
 
If you believe you have a medical condition, including one discussed in the group, you should see your doctor or other registered healthcare professional without delay. DO NOT use this group to diagnose yourself or to report a medical emergency or other medical problem. Being a member of this group does not create a doctor: patient relationship or a 1:1 relationship with Dr Sam Manger.  We will not be giving people specific medical advice, only general information will be provided through this workshop and all members should see their health professional.
 
All comments must be respectful of others and compliant with the law, including the law in relation to defamation and anti-discrimination. If we do not consider your comments to be respectful or lawful, as decided by us in our absolute discretion, we will remove them without reference to you. You may also report comments you are concerned about to us. You acknowledge, however, that this group will not be moderated or monitored by us at all times and we are not obliged to act on reports, or to remove any disrespectful or unlawful comments, within any particular timeframe or at all.  Members may be removed without warning if they do not comply with these terms of use or for other reasons at the moderator's discretion.
 
All comments you make must be treated as public and not confidential, even if they are made in a group like this which requires permission to join. Do NOT volunteer your personal health information and be mindful of any other details about yourself that you choose to share. You may even choose not to use your real name. If you do post personal health information about yourself or anyone else, we may delete those posts. Please note that we do not undertake any pre-qualification or screening of other potential group members.
 
Your privacy is important to us and we comply with all applicable privacy legislation. Please note that whether certain privacy requirements apply will depend on things like our business turnover and the type of information we collect. We will not ask you for any personal information in the forum of this group, including any which may be health information within the meaning of the Privacy Act 1988 (Cth).
 
You will be solely responsible for your comments and you agree to indemnify us in relation to any claims made against us by third parties as a result of your comments (including our legal costs on an indemnity basis). WE EXCLUDE ALL LIABILITY AND WARRANTIES INCLUDING THOSE IMPLIED BY LAW (TO THE EXTENT THE LAW PERMITS) IN RESPECT OF OUR COMMENTS AND OUR HOSTING OF THIS GROUP, INCLUDING ANY LIABILITY FOR OUR NEGLIGENCE.
 
You grant us a perpetual, non-exclusive, worldwide, royalty-free, licence to use and display your comments on our website and in any published compilation of those comments. You also consent to us not attributing you as author and to our editing of your comments as we see fit, even where doing so would, but for your consent, infringe your moral rights. You also agree that the intellectual property in any content that we post is owned solely by (or is otherwise licensed to) us and that you are granted a limited, non-exclusive licence to view it for the sole purpose of participating in the group discussion only. You may not re-post or otherwise distribute our content outside the group and you agree not to distribute the comments of other group members without their express written permission.
 
In addition to the above listed circumstances, we may also delete your posts (or some of them), or end your access, in our absolute discretion without providing any reason. We may also close or delete the group entirely at any time, also in our absolute discretion. We may change these rules. If we do, we will let you know and you may leave the group if you disagree with those changes. 
 
The law applying in the State of Queensland, Australia, applies to these rules and any such dispute about them will be resolved by a court or tribunal in that jurisdiction only.

 

© TheHealthDocs™ 2018. All rights reserved. (Together with content used under licence.)

 

ABN 73 254 133 284

 

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