Website Terms of Use
These Terms of Use govern your use of the website located at www.alive.org.au and form a binding contractual agreement between you, the user of the website, and us, The ALIVE Project Ltd ACN 605 113 282 (ALIVE). For that reason, these Terms are important and you should read them carefully before you use the website.
By using the website, including viewing or browsing the website, you are agreeing to these Terms.
Health Disclaimer
The information on the The Alive Project website is not intended to be a substitute for professional clinical advice. Diagnosis and treatment of a clinical condition can only be undertaken by a qualified health professional.
Users of this website should always seek the advice of a qualified health professional with any questions they have regarding their health or a medical condition.
The Alive Project does not guarantee the accuracy, quality, suitability or reliability of any information on this website.
Accessing the website
You acknowledge and agree that although we will use all reasonable efforts to ensure that the website is available, temporary interruptions of the website may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.
All content provided on or through this website are provided AS IS and AS AVAILABLE for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this website is solely at your risk.
We reserve the right to withdraw or amend the website and content we provide on the website without notice. We may restrict access to some parts of or the entire website, from time to time.
Use
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the website.
If you contribute to our forum or make any public comments on the website which are, in our sole discretion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the website, then we may at our discretion, refuse to publish such comments and/or remove them from the website. We reserve the right to refuse or terminate website access to anyone at any time without notice or reason.
ALIVE does not recommend or endorse any particular products services on the website. The website is not designed to provide qualitative advice regarding the fitness for purpose and suitability of any products or services mentioned on the website. ALIVE strongly advise you to undertake your own due diligence and research prior to purchasing any products or services mentioned on the website.
Links to external websites
This website may contain links that direct you to external websites. These links are provided for your convenience only and are not an express or implied indication that we endorse or approve of such linked websites, its contents or any associated websites, products or services. These websites are not under our control and are not maintained by ALIVE. We accept no liability for loss or damage arising out of or in connection to your use of these websites.
You may link to our articles or home page however, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
Intellectual property and copyrights
Nothing in these Terms constitutes a transfer of any intellectual property rights from us to you. We own and retain all proprietary rights to the website, the content provided through the website by ALIVE, and all associated intellectual property rights.
You are permitted to use the website only as authorised by us. You are granted a limited, non-exclusive, revocable, non-transferable right to use the website to view, use, play, and download content subject to these Terms.
You must not modify the physical or digital copies of any content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text. Our intellectual property rights must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
If you wish to use our intellectual property, you should submit your request to us in writing.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by users are those of the respective users and not of ALIVE.
Limitation of Liability and Indemnity
You agree that we shall not be liable for any damages suffered as a result of using the website, copying, distributing, or downloading content from the website. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
We do not endorse any products or services mentioned on the website, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any products due to information provided by third party products or services. It is your sole responsibility to undertake due diligence and research into the third party products or services.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the website and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the website.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
As a condition of your access to and use of the website, you agree to indemnify ALIVE and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the website or your breach of these Terms and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your use of the website, and applies to claims arising both before and after your use of the website ends.
Personal Information
Any personal information provided by you is processed by us in accordance with our Privacy Policy. By accepting these Terms, you also agree to the terms of our Privacy Policy.
Termination
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the website or suspend or block your access to the website.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the website or by sending a communication to any address (email or otherwise) that we have for you in our records.
Notice
By using the website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the website. You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that for letters, the letter was properly addressed, stamped and placed in the post and for emails, the email was sent to the specified email address.
No Waiver
If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations. If we waive a default, it does not constitute a waiver of any subsequent defaults.
No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per the Notice requirements above.
Force Majeure
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to acts of god, natural disasters, sabotage, accident, riot, shortage of supplies, equipment, and materials, strikes and lockouts, civil unrest, computer hacking, or malicious damage.
Severability
If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
Entire Agreement
These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and ALIVE, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the website.
We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
Governing Law
These Terms is governed by the laws of the State of Queensland, Australia and each party submits to the jurisdiction of the courts of the State of Queensland, Australia.
Changes to these Terms
We reserve the right to modify or amend these Terms at any time. If any significant amendments occur, notification will be provided by publication on the website 14 days prior to the changes being implemented (Notice Period) unless the circumstances of the amendments makes it unreasonable to provide such a Notice Period.
If you object to any changes, you may close your account and/or cease using the website. You acknowledge and agree that your continued use of the website after the Notice Period about our changes to these Terms means that your use of the website is subject to the updated Terms.
We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent.
Last Updated: 11 January 2021
