Website Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATED TO YOUR USE OF OUR WEBSITE CAREFULLY.

By accessing and using this site, you, the website user (“You”), are agreeing to comply with and be bound by the following Terms and Conditions of Use (“Terms & Conditions”), which, together with our Privacy Policy and any other referenced documents, constitute a complete and exclusive agreement between you and us, the website operator (“Us”).

Please ensure you read the Terms & Conditions carefully before continuing. They contain important information and obligations that affect how you should use our website, including but not limited to the purchase of goods or services, data handling practices, and refund policies. Your use of this website signifies your consent to these Terms and Conditions, effective from your first date of use.

It’s important to note that we reserve the right to modify the Terms & Conditions at any time, at our sole discretion. Therefore, we encourage you to review them periodically for any changes or updates. By continuing to use this website after we post any such changes, you accept the revised Terms & Conditions, whether or not you have reviewed them.

If at any point you do not agree with the Terms & Conditions, or any revised versions thereof, you should immediately discontinue use of this website. If applicable, you should also arrange to cancel any community user accounts or memberships associated with us. Your continued use of this website following any changes indicates your acceptance of these new terms.

Definitions

Definition of Agreement

“Agreement” means the terms and conditions outlined herein, referred to as “Terms & Conditions”, inclusive of any quotation, order, invoice, or other documents or amendments that are stated to supplement this agreement.

Identification of Parties

“NV Health”, “We”, “Us”, “Our”, or “Ourselves” refers to NV Health Group Pty Ltd, its successors, and anyone acting under the authorisation of NV Health Group Pty Ltd.

“You”, “Your”, or “Yourself” refers to any individual(s) of legal age, being eighteen (18) years or older, engaging with us or our services.

Description of Incidental Items

“Incidental item(s)” refers to goods and/or services available for purchase or sale through Our Website, which are to be supplied and/or provided by Us to You as detailed on Our Website.

Definition of the Website

“Website” refers to the online presence of NV Health Pty Ltd, which can be accessed via the URL https://www.nvhealth.com.au/.

“Content” refers to any information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, and other materials that are made available on the Website.

Prohibited Content Guidelines

“Prohibited Content” includes content on any advertising media that violates, or could reasonably be interpreted as violating, the Broadcasting Services Act 1992, the Fair Trading Acts of the relevant Australian States and Territories, the Competition and Consumer Act 2010 (CCA), other applicable laws, or industry codes. This also encompasses content that contains or appears to contain misrepresentations, or is misleading, deceptive, or otherwise unlawful. Additionally, it refers to content that infringes, or could be perceived as infringing, on an individual’s Intellectual Property Rights, including but not limited to, the unauthorized distribution of digital files or materials for which we do not hold the copyright.

Definition of Personal Information

“Personal Information” refers to data that can identify You, either directly or indirectly. This includes but is not limited to, your name, date of birth, email address, gender, occupation, or other demographic details.

Confidential Information Protocol

“Confidential Information” encompasses all confidential data, whether communicated orally, in writing, or electronically, including but not limited to this Agreement, any party’s Intellectual Property, operational data, know-how, trade secrets, financial and commercial details, contracts, Seller data, and pricing information.

Scope and Applicability of Terms & Conditions

This Website and these Terms & Conditions are specifically directed to residents of Australia, and the Website is for use only by residents of Australia.

Terms & Conditions – In General

Right to Modify Terms

We reserve the right to modify or change any part of these Terms and Conditions, including our Privacy Policy, at any time. Such changes will be communicated through this Website. By continuing to use the Website after we post any such changes, you are deemed to have accepted the amended Terms and Conditions. It is your responsibility to regularly review these Terms and Conditions to stay informed of any updates.

Acceptance of Terms by Use

By accessing and using this Website, you agree to be legally bound by these Terms and Conditions. This agreement is as binding as if you had signed a contract containing these Terms. Non-compliance with these Terms & Conditions may result in termination of your access to the Website.

Age and Legal Capacity

This Website is not for use by children and is not directed to children. This website is for use and access by individuals who are 18 years or older.

If you intend to transact through this Website, such as purchasing goods or services, you affirm that you are at least 18 years of age and possess the legal authority to enter into this Agreement. By engaging in transactions on this Website, you acknowledge that this Agreement imposes valid and binding legal obligations on you.

Automatic Acceptance of Changes

We may periodically update these Terms & Conditions to reflect changes in our practices, technology, legal requirements, and other factors. Continued use of the Website after such changes are posted will constitute your acceptance of these revised Terms & Conditions.

Responsibility for Review

We encourage you to periodically review these Terms & Conditions to stay informed about how we are protecting the information we collect. Your continued use of the Website signifies your acceptance of any changes to these Terms & Conditions.

Use Restrictions of Content

Scope of Use

We grant you a non-exclusive, non-transferable, and limited right to access, use, and display the content and materials of this Website. This grant is solely for your personal and non-commercial use, and is contingent upon your full compliance with these Terms & Conditions.

Content Protection

The Website hosts a variety of Content. This Content is safeguarded by various forms of intellectual property laws, such as copyrights, patents, trademarks, trade secrets, and other proprietary rights. These protections are recognised and enforced across different forms of media and technology, both current and future.

Copyright and Trademark Ownership

All Content available on the Website is copyrighted under applicable laws. We hold copyrights, particularly in the selection, arrangement, and enhancement of the Content. Trademarks displayed on our Website are the property of their respective owners. The trade name “NV Health” and its associated trademarks and service marks are owned by NV Health Pty Ltd. Our partners, suppliers, advertisers, sponsors, licensors, contractors, and other third parties may have additional proprietary rights in the Content they provide to the Website.

Prohibited Uses

You are prohibited from modifying, publishing, transmitting, distributing, performing, participating in the transfer or sale, creating derivative works, or in any way exploiting any of the Content, in whole or in part. Any intended use of the Content beyond what is expressly permitted under these terms, including its use in printed form, on other websites, or in networked computer environments, is strictly prohibited unless you have obtained our prior written consent.

No Ownership Transfer

Downloading or accessing our Content does not confer upon you any ownership rights. Use of our Content for purposes other than those explicitly permitted under these Terms & Conditions is a violation of these terms and requires our prior written consent.

Compliance with Laws

Adherence to Applicable Laws

As a user of the Website, You are obligated to ensure that Your use of the Website and its related Incidental Items, Content, and functionalities comply with all applicable laws, regulations, and codes of practice. This includes, but is not limited to, EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) and the Australian Privacy Policy Act 1988 (including the Privacy Amendment (Notifiable Data Breaches) Act 2017), along with any other laws and regulations related to copyright, data protection, privacy, advertising, e-commerce, and consumer protection.

Prohibited Activities

You must not engage in any activities through the Website that violate any law, statute, ordinance, or regulation. This includes but is not limited to, activities such as transmitting or distributing illegal material, perpetrating fraud, infringing on the intellectual property rights of others, or conducting any form of harassment or defamation.

International Use Consideration

Recognising the global nature of the internet, You agree to comply with all local rules and laws regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence.

Reporting Compliance Breaches

You should report any breaches of compliance or questionable use to Us. We are committed to ensuring a lawful and ethical operating environment and will investigate any reported instances of non-compliance.

Cooperation with Authorities

We will cooperate with law enforcement authorities in disclosing the identity of anyone who uses our Website for unlawful activities. We reserve the right to report any suspected illegal activity to law enforcement for investigation or prosecution.

Privacy

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference. You consent to the collection, disclosure, and use of Personal Information in accordance with the Privacy Policy.

Website Links

On our Website, we may include or offer links to external websites. These links are provided for convenience and do not signify our endorsement of the external websites or their content. We are not responsible for and expressly disclaim any liability regarding, the content, products, services, or material available on such external sites. Your interaction with any external website, including compliance with their terms, is solely between You and the website in question. We reserve the right to remove any external links from our Website at our discretion, at any time, without prior notice. You should notify Us of any concerns regarding any external link on the Website.

Third Party Products and Services

Our Website may feature or offer services, merchandise, or products provided by third parties (“Third Party Sellers”). We clarify that we are not responsible for, and do not endorse, any third-party products or services advertised or sold on our Website. The entire responsibility for all aspects related to third-party services or products, including but not limited to, their purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, rests solely with you and the respective Third Party Sellers.

We make no representations or warranties concerning the quality, safety, or suitability of any third-party services, merchandise, or products. We are not a party to transactions between you and Third Party Sellers and will not bear any liability for any loss, damage, cost, or expense arising directly or indirectly from such transactions. This includes cases where we may receive some form of revenue or remuneration in connection with third-party transactions.

Please note, that we reserve the right to remove or discontinue the availability of any third-party products or services from our Website at any time, without prior notice.

Health Disclaimer

The content provided on our Website, including information, applications, and services, is intended solely for general informational purposes and to support users in their personal health and wellness efforts. We are not a healthcare provider, and the content on our Website should not be considered professional medical advice, diagnosis, or treatment.

The information and services offered on this Website are not substitutes for consultation, evaluation, or treatment from a licensed medical or healthcare professional. We strongly advise users to consult with a qualified doctor or healthcare professional before starting any new health regimen, particularly if there are any existing health concerns or conditions.

Please be aware that reliance on any information provided by us, its employees, or others appearing on the Website is solely at your own risk. We are not responsible for any harm or injury that may result from the use of information or services provided on our Website.

This Website is designed for use by healthy adult individuals and is not intended for children, pregnant women, or individuals with any health conditions. If you fall into these categories or have any health concerns, it is crucial to seek professional medical advice before engaging in any activities or regimes recommended on this Website.

Always prioritise professional medical guidance and never disregard or delay seeking it because of something you have read on our Website. For further details, you are encouraged to review our Health & Safety Notice, which forms part of these Terms & Conditions.

Copyright Complaints

We respect the intellectual property rights of others and expect the same from its users. We are committed to responding to any notices of alleged copyright infringement that are in compliance with applicable law and properly submitted to Us, as detailed in Our Copyright Complaints Procedure detailed below.

If you believe that your copyrighted work has been reproduced on our Website in a manner that constitutes copyright infringement, or if you are aware of any such infringement, you are encouraged to notify Us. The notice of alleged copyright infringement should include the following information:

  1. Signature: A physical or electronic signature of the copyright owner or a person authorised to act on their behalf.
  2. Identification of Work: Clear identification of the copyrighted work claimed to have been infringed.
  3. Identification of Infringing Material: Precise identification of the material that is claimed to be infringing or to be the subject of infringing activity. This should include information reasonably sufficient to allow NV Health to locate the material on the Website.
  4. Contact Information: Contact information for the notifying party, including an email address, so that we may respond to the complaint.
  5. Good Faith Belief Statement: A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
  6. Accuracy Statement: A statement that the information in the notice is accurate, and under penalty of perjury, that the notifying party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a complaint that complies with these requirements, We will take appropriate action, which may include removing or disabling access to the allegedly infringing material.

Disclaimers of Warranties

The content, products, offerings, and materials available on NV Health’s Website are provided “as is” and without any warranties, either express or implied. NV Health disclaims all warranties, express or implied, to the extent permitted by law, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, or reliability.

Subject to the rights under the Australian Consumer Law (ACL) as set forth in Schedule 2 of the Competition and Consumer Act 2010 (Cth), we make no representations or warranties regarding the completeness, accuracy, or suitability of the information, products, services, or graphics on the Website for any purpose. We acknowledge that under the ACL, certain guarantees and protections are provided to consumers which cannot be excluded or limited by contract.

Due to the inherent nature of websites, we cannot guarantee uninterrupted or continuous availability of the Website, and you acknowledge that the Website may be unavailable at times for maintenance or scheduled upgrades. Whenever possible, we aim to provide advance notice of such downtimes. Furthermore, we do not warrant that the Website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that the Website or the servers hosting it are free of viruses or other harmful components. We accept no liability for any website downtime, whether scheduled or otherwise.

Any product, offering, content, and material downloaded or otherwise obtained through the use of the Website is done at your sole risk, and 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 obtained by you from our personnel or through this Website shall create any warranty not expressly provided for in these Terms & Conditions.

Limitation of Liability

We acknowledge and respect the rights provided to consumers under the Australian Consumer Law (ACL), as enshrined within Schedule 2 of the Competition and Consumer Act 2010 (Cth). Subject to these statutory rights, NV Health and its affiliates disclaim all liability for any loss or damage that may arise from your use of or reliance on the information provided on this Website.

Scope of Liability

Nature of Liability: We shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or any other damages whatsoever.

Types of Recoverable Damages: This includes, but is not limited to, damages for loss of profits, goodwill, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use or the inability to use this Website; content or materials on this Website or linked sites; procurement of substitute goods or services; unauthorized access or alteration of your data; conduct of any third party on our Website; or any other matter relating to our Website.

Monetary Limitation: Where liability cannot be excluded by these terms and conditions and where liability stems from or relates to our breach of any implied warranty or condition which cannot be excluded by the ACL, our total liability to you will not exceed the amount paid by you, if any, for accessing our Website.

Remedies for Goods and Services: In the case of goods or services supplied or offered by us, our liability is limited to one of the following as determined by us:
a. For goods: replacement or supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or of acquiring equivalent goods, or payment of the cost of having the goods repaired.
b. For services: supplying the services again, or payment of the cost of having the services supplied again.

Disclaimer “As Is”: The Content on this Website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the Website for any purpose.

Your Remedies

If You are dissatisfied with any portion of our Website, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue Your use of this Website. In the event any part of this limitation of liability is found to be invalid or unenforceable for any reason, our liability is limited to the fullest extent permitted by law.

Australian Consumer Law

This limitation of liability does not exclude any rights or remedies available to you under the ACL that cannot be excluded, restricted, or modified by agreement.

Indemnification

You agree to fully indemnify and hold harmless NV Health, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against all claims, actions, suits, damages, costs, and expenses, including reasonable legal fees, arising from or in connection with your use of this Website, your breach of these Terms & Conditions, or your wilful, negligent, or improper use of the Website. This indemnification also extends to any infringement or alleged infringement of intellectual property rights or other rights by you or any other user accessing the Website through your account. This indemnification obligation covers all forms of legal claims, whether in tort, contract, or negligence, and you agree to defend Us at Our option in such cases.

Miscellaneous Terms

These Terms & Conditions, along with any documents expressly incorporated by reference, constitute the entire agreement between NV Health and You, the user, superseding all prior agreements and understandings, both written and oral, in relation to the use of this Website.

If any provision of these Terms & Conditions is deemed unlawful, void, or for any reason unenforceable, such provision shall be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

Failure by Us to enforce any provision of these Terms & Conditions will not be considered a waiver of future enforcement of that or any other provision.

We reserve the right to assign its rights and obligations under these Terms & Conditions to any party at any time without notice to users.

We retain the right to amend these Terms & Conditions at any time. Users are deemed to have accepted any changes to these Terms & Conditions upon subsequent use of the Website following any such amendments.

For any inquiries or concerns regarding these Terms & Conditions, please contact Us at admin@nvhealth.com.au.

In any action arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred, including but not limited to taxable and non-taxable costs, and reasonable attorney’s fees.

Our failure to insist upon or enforce strict performance of any provision of these Terms & Conditions, or to exercise any rights hereunder, will not be construed as a waiver or relinquishment of the future performance of any such provision or the future exercise of such rights.

These Terms & Conditions will inure to the benefit of NV Health’s successors, assigns, and licensees.