(a) “Head2Toe First Aid” means Karyn Michelle Hindle trading as Head2Toe First Aid ABN 27 317 588 779;
(b) “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, software, business and domain names, inventions and other results of intellectual activity related to or connected with the Website and Software;
(c) “Service” means the provision of the Website;
(d) “Software” means the software owned or licensed by Head2Toe First Aid which forms part of the Website and includes any software which is required by, relevant to, or used in conjunction with the Website including but not limited to all object and source codes, copyright, inventions, discoveries, novel designs whether or not registerable as designs or patents, including any invention of or development or improvements to equipment, technology, methods or techniques relating to the software;
(e) “Website” means www.head2toefirstaid.com.au and all parts and pages of it;
(f) “us” means Head2Toe First Aid and ‘we’ or ‘our’ shall be interpreted accordingly;
(g) “you” means the person or entity that accesses the Website and ‘your’ shall be interpreted accordingly.
(c) The Website is available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the foregoing, our services are not available to and may not be used by persons under 18 years of age. If you do not qualify, please do not use our services.
(d) In order to use this Website, you require the equipment and connections necessary to access the World Wide Web. Without limitation, you are responsible for:
(i) the provision of any such connection or access to the World Wide Web;
(ii) the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
(iii) the provision of all equipment necessary for you to make any such connection to the World Wide Web, including a computer and a modem.
(e) The Website is controlled and operated by us from our offices in the Australia. We have used our best endeavors to ensure that the Website complies with Australian laws. However, we make no warranties that the Website is appropriate or available for use in locations outside Australia.
3. System Integrity & User Conduct
(a) You must not use the Website to:
(i) impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
(ii) input, upload, post, disclose or transmit any material that is defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening, harassing or misleading or deceptive;
(iii) input, upload, post, disclose or transmit any material which is subject to Intellectual Property Rights of Head2Toe First Aid or any third party or breaches any duty of confidence or contractual obligation owed to Head2Toe First Aid or any third party;
(iv) input, upload, post, disclose or transmit any material that is unlawful or violates any law;
(v) send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 (Cth) to any person or company;
(vi) download and store electronically, reproduce, transmit, display, copy, distribute or use the Software or any materials contained in the Website;
(vii) upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage the operation of the Website or another’s computer or property of another;
(viii) sub-license, rent, lease, transfer or attempt to assign the rights in the Website or the Software to any other person and any dealing in contravention of this sub-clause shall be ineffective;
(ix) falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Website;
(x) conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
(xi) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
(xii) attempt to gain unauthorised access to the Website or computer systems or networks connected to the Website through any means;
(xiii) commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
(xiv) collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation email addresses; or
(xv) breach the Privacy Act 1988 (Cth) as amended, or the National Privacy Principles;
(xvi) contravene or breach any applicable state, Commonwealth or international law, convention or regulation.
(b) You acknowledge and agree that you must not:
(i) use the Website for any purpose other than the purpose for which it was designed and intended;
(ii) commit or permit any act which may interfere with the use of the Website by any other user;
(iii) tamper with, hinder the operation of or make unauthorised modifications to the Website or any part thereof;
(iv) damage or modify the Software or the Website or any part thereof;
(v) reverse engineer, decompile or disassemble the Software or the Website or any part thereof;
(vi) copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Software or any content within the Website or any part thereof; or
(vii) modify, alter, adapt, disassemble, reverse engineer, decompile or amend the Software or any content within the Website or any part thereof in any way.
(c) You must not without prior written consent of Head2Toe First Aid which shall be given, given with conditions or withheld at Head2Toe First Aid’s absolute discretion affix or otherwise display your name or logo on the content of the Website or any other website in a way that suggests a direct or indirect association with Head2Toe First Aid and/or any content provider to the Software or the Website.
4. Links & Advertising
(a) This Website may contain links to third party websites. Those websites are not under the control of Head2Toe First Aid and Head2Toe First Aid is not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites.
(b) Neither Head2Toe First Aid nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party websites which may be linked to or from the Website, or Services or services of any third party organisations mentioned or described on this Website or linked to or from this Website. You acknowledge that you enter any third party websites at your own risk.
(c) The Website may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Head2Toe First Aid nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order Services or service advertised by a third party on the Website, you do so at your own risk.
(d) You must not link the Website from any other website not owned or operated by Head2Toe First Aid without prior written consent from Head2Toe First Aid.
5. Intellectual Property Rights
(a) The information, names, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Website (the “Content”) is protected by Intellectual Property Rights.
(b) The Content, the Software and the Website are protected by Intellectual Property Rights. You acknowledge that Head2Toe First Aid is the owner of these rights, with our affiliates or other third party licensors.
(c) All Services and company names and logos contained within the Website are the trade marks, service marks or trading names of their respective owners, including Head2Toe First Aid.
(e) You agree that:
(i) Any Intellectual Property Rights created, formulated or discovered by you through the use or access to the Software or the Website will be the sole and exclusive property of Head2Toe First Aid;
(ii) You will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in the Intellectual Property Rights created under to us.
(f) The Head2Toe First Aid logo and name are owned by us, and may not be used as part of your business or in connection with any goods or services without the prior written consent of Head2Toe First Aid which shall be given, given with conditions or withheld at Head2Toe First Aid’s absolute discretion.
(a) Your use of the Website or your completion of any forms or tables on the Website does not automatically create a relationship of any sort between you and Head2Toe First Aid, including that of client and agent.
7. Information Provided and Privacy
(a) The following applies to any information that you provide to Head2Toe First Aid:
(i) You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, including, but not limited to, your name, company or business name, email address and postal address (‘the Personal Information’), to the extent reasonably necessary for the provision of any goods and services requested by you.
(ii) You must ensure that the Personal Information you provide to us and that all registration details (where applicable) contain your correct name, address, e-mail address and other requested details.
(a) Head2Toe First Aid does not warrant that:
(i) The Software or the Website will provide any function for which it is not specifically designed;
(ii) The Software or the Website will provide any minimum level of performance;
(iii) The Software or the Website will be virus free or free of performance anomalies or be operational without interruption.
(b) You warrant to us that at the time of entering the Website, you were not relying on any representation made by us.
(c) Except as expressly provided to the contrary, and to the extent permitted by law, We make no representations or warranties of any kind, express or implied as to the operation of your access to or the results of your access to the Software or the Website (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or Services included on the Website.
9. Disclaimer and Limitation of Liability
(a) To the extent permitted by law, the Website is provided by Head2Toe First Aid on an “as is” basis without any express or implied warranty of any kind.
(b) The Software or the Website may contain inaccuracies or typographical errors.
(c) The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Website may be intercepted, used or modified by third parties.
(d) Head2Toe First Aid may change any of the material on the Website at any time without notice.
(e) Head2Toe First Aid makes no commitment to update any material on the Website.
(f) You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Website.
(g) You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use of the Website or the material on or accessible through the Website.
(i) You release Head2Toe First Aid and its officers, directors, employees, agents or related bodies corporate from its liability for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use or reliance on the material or information available on or accessible through the Website, even if Head2Toe First Aid has been advised of the likelihood of such damages and whether or not caused by any negligent act or omission.
(j) Without limiting clause 9(i), you release us from any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Software or the Website, whether or not caused by any negligent act or omission including but not limited to:-
(i) loss of use, data or profits on any theory of liability arising out of or in connection with the use of or the inability to use the Software or the Website;
(ii) your reliance on the Software or the Website;
(iii) the statements or actions of any employee or agent of Head2Toe First Aid;
(iv) any unauthorised access to or alteration of your transmissions or data;
(v) any information that is sent or received or not sent or received;
(vi) any failure to store or loss of data or files or other content;
(vii) your fraudulent, negligent or otherwise unlawful behaviour;
(viii) any delay or interruption of the Software or the Website;
(ix) any loss incurred as a result of a third party obtaining your access details, either with or without your knowledge;
(x) any loss or damages in relation to the supply of services on or in relation to this Website and any advertisement placed on the Website or information made available on the Website.
(b) Head2Toe First Aid reserves the right to discontinue any internet based services provided to you or made available to you through the use of the Software and the Website at any time.
12. Breach and Termination
(b) Head2Toe First Aid reserves the right to deny you access to, or use of, all or part of the Website, without prior notice, if you engage in any conduct that Head2Toe First Aid believes, in its sole discretion:
(ii) violates the rights of Head2Toe First Aid or any third party; or
(iii) is otherwise inappropriate for continued access and use of the Website.
(c) Head2Toe First Aid may terminate your right to access to, or use of, all or part of the Website, immediately on written notice to you if you:
(iv) are the subject of a bankruptcy order, or become insolvent, or make any arrangement or composition with or assignment for the benefit of your creditors, or if you go into voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over your assets.
(a) Publication of electronic addresses on this Website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
(j) Head2Toe First Aid operates the Website in Australia. Information contained on the Website may not be appropriate or available for use in other locations. If you access the Website from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.
(o) The contra proferntem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.