User Agreement

1. Agreement

(a)    This website and its related services (together the “Services”) are provided by Turbo Group Pty Ltd ACN 160 064 460 as trustee for the Steidle Family Trust trading as “Healthy Mums” (“we” or “us”). 
(b)    This User Agreement and any additional terms and conditions on the website in relation to the Services (together the “Agreement”) apply in relation to your use of the Services.  
(c)    We take your privacy seriously.  So, your use of the Services is also governed by our Privacy Policy.  Our Privacy Policy sets out how we may collect, store and disclose your personal information.
(d)    By accepting this Agreement and/or utilising the Services, you agree that: 
(i)    this Agreement forms a binding agreement between you and us; and
(ii)    you consent to the terms of our Privacy Policy.

2. Nature of the Services

(a)    The Services provide guidance and strategies to assist users in their personal weight management regimes.
(b)    We are not a medical organisation and we do not provide medical advice or diagnosis.  Nothing in the Services should be taken by you to provide such advice or diagnosis.
(c)    You should not take any aspect of the Services to be a substitute for medical consultation, evaluation or treatment.
(d)    We recommend that you seek the advice of a suitably qualified medical practitioner before using the Services.

3.    Who Should Use this Website

(a)    The Services are intended for use by healthy mothers over the age of 18 years of age who would like guidance on exercise and nutrition strategies to assist them to manage their weight and general health.
(b)    The Services are not for use for any person: 
(i)    less than 18 years of age;
(ii)   who has a pre-existing medical condition which may include (without limitation) cancer, heart disease, liver disease, kidney disease, renal failure, eating disorders or diabetes.
(c)    You must not use the Services if you are a person referred to in paragraph (b) above. 
​(d)    The Services may not be suitable for a person who is elderly or who has a low body mass index.  If you are in this category, you must seek the advice of a suitably qualified medical practitioner before using the Services.

4.    Membership and Access to the Services

(a)    You may use the Services as follows:
(i)    by registering to become a member (“Member”) to receive one of our membership packages (“Membership”) (details of each membership package are available on the website); and/or
(ii)    without registering and using those elements of the Services available to non members. 
(b)    If you register to become a Member: 
(i)    the scope of your use of the Services will be determined by the terms and conditions of the Membership you select; and
(ii)    you must comply with those terms and conditions.
(c)    If you do not register to become a Member, you may elect to receive communications from us for free by providing us with your contact details.  This information will be used by us in accordance with our Privacy Policy. 
(d)    You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Services. 
(e)    You must not:
(i)    use any false information, including, a false identity to become a Member;
(ii)    register to become a Member if we have previously cancelled your Membership or banned you from using any of the Services;
(iii)    change or attempt to change any other person’s Member information; and/or
(iv)    do anything that could jeopardise the security, confidentiality or the intellectual property of the Services.
(f)    You must:
(i)    provide accurate and complete information when registering to become a Member;
(ii)    update all of your Member details regularly;
(iii)    keep your login and password details confidential; and
(iv)    immediately notify us if you become aware of any unauthorised  access to or use of Membership or the Services in breach of this Agreement.
(g)    You acknowledge that:    
(i)    you are responsible for all use of your log-in and password details whether authorised or not: and
(ii)    we may at any time cancel a username, login details or password with respect to your use of the Services at any time if we consider that such username, login details or password are offensive or infringe on any third party’s rights.

5.    Use of the Services

(a)    You acknowledge that: 
(i)    the benefit you receive from the Services will depend on how you apply the information provided to you via the Services;
(ii)    results for users of the Services may vary; 
(iii)    you must take into account your existing health and dietary requirements  and those of your family (including, without limitation, allergies and age appropriate food) when applying the information provided in the Services.
(b)    Subject to the terms of this Agreement, we grant you a non-exclusive, revocable, limited licence to use the Services via the media and on the devices for which the Services were developed for the purposes for which the Services are intended.  In this respect, the Services are not intended to be used other than for giving healthy mothers over the age of 18 years old guidance for their personal regimes for managing their weight and general health. 
(c)    You must not: 
(i)    use the Services for any purpose other than the purposes contemplated by paragraph (a) above;
(ii)    use the Services to advertise, transmit or solicit any commercial messages;
(iii)    engage in any illegal, unethical or immoral conduct using the Services;
(iv)    transfer, assign or license your Membership or any benefits associated with it to any person;
(v)    engage in any activity through the use of the Services: 
• to mine or collect information or data from the Services, users of the Services or information in transit to and from the Services;
• to bypass any of the Services’ features including any features designed to exclude robots, spiders or scraping applications;
• to manipulate, damage, interfere with or impair the functionality any of the Services or any other computer systems or networks (including, without limitation, by way of hacking, uploading of harmful code, using cheats, exploits, automation software, bots or similar software);
• that we consider to be in conflict with the spirit or intent of the Services;
• that is in breach of any applicable law or any third party’s rights;
• to disrupt, overburden or assist in such disruption or overburdening of any computer server or network (including, without limitation, those used to provide the Services);
• that is likely to harass, abuse, harm, threaten any person or group of persons (including, without limitation, any activity that degrades a person based on their religion, gender, age or sexuality) or incites or is likely to incite any such activity; and/or
• that is misleading or deceptive or is intended to mislead or deceive any person.
(d)    You must: 
(i)    use the Services at all times in compliance with this Agreement and any reasonable directions given by us from time to time; and
(ii)    immediately report to us any conduct that you consider could be misuse of the Services through the Contact Us page: http://healthymums.com.au/contact-us.

6.    Community Guidelines

(a)    The Services may include a blog the contents of which you may be able to comment on.  The Services may also include a members’ forum that you may elect to participate in.
(b)    In relation to the posting of any content by you through the Services (including, without limitation, comments posted in relation to the blog or through the forum):
(i)    we intend that the posting should allow all users of the Services to interact, share their experience and assist each other with their personal weight management and healthy lifestyle regimes. Without limiting sub-paragraph (vii) below, we may remove any content that we consider does not comply with this intention;
(ii)    all comments must be respectful; 
(iii)    all comments should be less than 300 words;
(iv)    we may edit or remove comments that are longer than 300 words;
(v)    you must not post repetitive or “spamming” comments;
(vi)    you must not post content which attacks or abuses any person (including, without limitation, any content that could be considered to be “trolling”);
(vii)    no comment should include any person’s personal information (see our Privacy Policy in relation to what is meant by personal information);
(viii)    the content must not include any content that infringes any third party’s rights (including, without limitation, intellectual property rights), is defamatory, obscene, offensive, discriminatory, incites hatred, depicts tobacco products, alcohol, “fast” or “junk” food, violence, sexual content of any nature, makes therapeutic claims or which we in our absolute discretion consider to be inappropriate or content that contains links to any of the material referred to in this subparagraph; and
(ix)    we may remove any content in our absolute discretion without liability to you.

7. Fees, Payment and Refunds

(a)    If you register to become a Member, you must to pay us the relevant published fee for your Membership on the date(s) the fee is due.
(b)    Unless otherwise specified in relation to a Membership or agreed by us:
(i)    all fees must be paid using PayPal; and
(ii)    if a renewal of your Membership or one of our ongoing products is not purchased by you by the date your Membership expires, your Membership will terminate and your access to the benefits of Membership will be withdrawn.
(c)    If you: 
(i)    register to become a Member;
(ii)    elect a payment option under which you pay in advance;
(iii)    wish to cancel your membership you must notify us in writing of your intent to cancel no earlier than 30 days after your program start date.  Upon receiving your cancellation request we will cancel your membership and any future recurring fees and refund to you the fees paid by you in advance less an amount equal to the sum of:
• fees applicable to your use of the Services up to the date you notified us; and
• the costs of any welcome pack or other materials we provided you upon you registering to become a Member.

8. Termination and Suspension

(a)    We may with immediate effect terminate, suspend, limit, delete or modify your Membership or your access to the Services if we in our sole discretion consider that:
(i)    you have or may have breached or are likely to breach this Agreement;
(ii)    you have or may have engaged or are likely to engage in any activity that is likely to have an adverse impact on any person (including without limitation, any user of the Services), us or our related companies or the Service;
(iii)    you have or may have infringed or are likely to infringe any third party’s intellectual property or other rights; and/or
(iv)    you have or may have engaged in or are likely to engage in activities which could give rise to our liability or which we consider to be inconsistent with our philosophy in relation to the Services.
(b)    Without limiting paragraph (a) above, we may with immediate effect terminate your Membership if you fail to make payment for your Membership by the applicable due date.
(c)    You may terminate your Membership at any time by contacting us http://healthymums.com.au/contact-us.  If you terminate your Membership as contemplated by this paragraph, except as set out in paragraph 7 above or as otherwise agreed by us in writing, we have no liability to refund to you any fees paid by you prior to the date of termination.

9. Intellectual Property

(a)    Subject to paragraph (d) below, all intellectual property rights in and to the Services (including all virtual items, software, files, concepts and content) vest in us or our licensors.
(b)    Subject to paragraph (d) below, you acknowledge that you have no right title or interest in or to any aspect of the Services.
(c)    Unless the Services specifically permit it, you must not download, reproduce or communicate to any third party any content or materials included in the Services.
(d)    You represent and warrant to us that you own all intellectual property rights in and to any communications, images, sounds or other material and data uploaded by you through the Services (together “Your Content”). 
(e)    You hereby grant us a non-exclusive, irrevocable, perpetual, royalty and fee free, unlimited licence (including the right to sub-license) to adapt, modify, communicate, exploit (in any manner) and use Your Content in connection with the development, marketing, promotion and provision of the Services or any of our other business activities.
(f)    To the maximum extent permitted by applicable law, you hereby waive your moral rights (if any) in and to Your Content.  To the extent that applicable law does not permit the waiver of moral rights, you hereby consent to us and our licensees and contractors undertaking all necessary alterations to Your Content and/or failing to attribute Your Content to you as is necessary for the operation of the Services. 
(g)    You warrant and represent that:
(i)    you have the right to use Your Content in connection with the Services;
(ii)    to the extent that it is relevant, you have obtained appropriate consents and releases from the creator of Your Content (including, if the creator is a child, obtaining consents and releases from the parent or guardian of the child);
(iii)    your use and/or our use of Your Content in as contemplated by this Agreement will not:
• breach any applicable laws or regulations;
• infringe any third party’s intellectual property or other rights;
(iv)    Your Content is accurate and not misleading or deceptive;
(v)    Your Content is free from viruses or any form of harmful or malicious code; 
(vi)    you understand that any personal information relating to you contained in Your Content will be dealt with in accordance with our Privacy Policy.
(h)    You acknowledge that:
(i)    you are solely response for Your Content you upload via the Services; 
(ii)    we have no obligation to monitor any content posted or distributed by users of the Services; 
(iii)    if we do monitor user content uploaded via the Services or your communications using the Services:
• you hereby irrevocably consent to such monitoring; and
• we reserve the right in its sole discretion to delete, edit or refuse to distribute any content for any or no reason; and
(iv)    to the extent permitted by applicable law, we have no liability whatsoever with respect to any content uploaded via the Services.

10. Confidentiality and Disclosures

(a)    You acknowledge that:
(i)    elements of the Services may permit you to share information and ideas with other users of the Services;
(ii)    we have no obligation to keep such information and ideas confidential or keep, respond, use or compensate you for them; and
(iii)    we and/or other users of the Services may use and exploit the information and ideas you share.
(b)    We may access and monitor for the purposes of providing the Services any content, information and/or data contained in Your Content, your communications with other users of the Services and any other materials provided by you via the Services.  We may disclose such content, information and/or data:
(i)    if we consider it is required to make such disclosure by applicable law (including in respect of legal proceedings);
(ii)    if we consider that the Services are being used to commit a crime or infringe a party’s rights;
(iii)    for the purposes of taking steps against fraud;
(iv)    in the case of an emergency that poses or may pose a threat to property or to any person or child’s heath or wellbeing; 
(v)    to protect our rights; and/or
(vi)    to limit our liability.

11. Advertising and Updates

(a)    You acknowledge that: 
(i)    the Services may contain advertising and links to our products and services and those of third parties;
(ii)    you are entirely responsible for any fees or obligations you incur with respect to such third parties; 
(iii)    we make no warranties or representations in respect of, and do not sponsor or endorse, such third parties or their products and services; and
(iv)    third party websites are not under our control and your use of them will be subject to the terms and conditions and privacy policy of the relevant third party.
(b)    The Services may from time to time evolve.  As a result, you may be required by us to accept updates to the Services.  You acknowledge that:
(i)    we may at any time update the Service without notice to you; and
(ii)    if you do not accept the update and update applicable third party software, you may not be able to use the Services or enjoy full functionality of the Services.

12.    LIMITATION OF LIABILITY AND IDEMNITY

(a)    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(i)    WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER TO YOU;
(ii)    WE HEREBY EXCLUDE ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WHETHER EXPRESS OR IMPLIED (AND INCLUDING WITHOUT LIMITATION, THOSE IMPLIED BY STATUTE, CUSTOM, LAW OR OTHERWISE);
(iii)    OUR CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS MADE BY YOU UNDER OR IN RELATION TO THIS AGREEMENT, THE PRIVACY POLICY OR YOUR USE OF THE SERVICES WILL NOT EXCEED IN AGGREGATE THE AMOUNT ACTUALLY RECEIVED BY US IN RESPECT OF YOUR USE OF THE SERVICES IN THE PERIOD 12 MONTHS PRECEDING THE DATE THE FIRST CLAIM FIRST AROSE;
(iv)    WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY CLAIM FOR ANY LOSS OF PROFIT, DATA, GOODWILL OR BUSINESS, FOR INTERRUPTION TO BUSINESS, FOR ANY FAILURE TO REALISE ANTICIPATED SAVINGS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL PUNITIVE OR INCIDENTAL DAMAGES.
(b)    CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT.  THIS AGREEMENT AND THE PRIVACY POLICY MUST BE READ SUBJECT TO THOSE STATUTORY PROVISIONS.  IF THOSE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM TO, AT OUR OPTION:
(i)    IN RELATION TO SERVICES:
(A)    THE SUPPLY OF THE SERVICES AGAIN;
(B)    THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN; AND
(ii)    IN RELATION TO GOODS:
(A)    THE REPLACEMENT OF THE GOODS OR THE SUPPLY OR EQUIVALENT GOODS;
(B)    THE REPAIR OF THE GOODS;
(C)    THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS; OR
(D)    THE PAYMENT OF HAVING THE GOODS REPAIRED.
(c)    YOU INDEMNIFY AND MUST KEEP INDEMNIFIED, US, OUR RELATED COMPANIES, THEIR DIRECTORS, OFFICERS AND EMPLOYEES (TOGETHER “THOSE INDEMNIFIED”) AGAINST ANY CLAIMS, LOSSES, LIABILITY, COSTS (INCLUDING LEGAL FEES AND EXPENSES) INCURRED BY THOSE INDEMNIFIED ARISING OUT OF OR RELATED TO ANY BREACH BY YOU OF ANY PROVISION OF THIS AGREEMENT OR THE RULES OR ANY IMPROPER USE BY YOU OF THE SERVICES.  

13. General

(a)    We may assign the benefit of this Agreement and Privacy Policy to any person without your consent. You may only assign this Agreement and Privacy Policy or a right under them with our prior written consent that may be withheld or granted in our absolute discretion. 
(b)    This Agreement and Privacy Policy constitute the entire agreement between the parties in connection with their subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.
(c)    If the whole or any part of a provision of this Agreement and Privacy Policy is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable.  If however, the whole or any part of a provision of this Agreement and Privacy Policy is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of this Agreement and Privacy Policy or affecting the validity or enforceability of that provision in any other jurisdiction.
(d)    A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy.  A single or partial exercise by a party of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy.  A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
(e)    This Agreement and Privacy Policy do not create a relationship of employment, trust, agency or partnership between the parties.
(f)    The provisions of paragraphs 5, 6, 7, 8, 9, 10, 11, 12 and 13 will survive termination or expiry of this Agreement and Privacy Policy and will continue to bind the parties.
(g)    YOU IRREVOCABLY WAIVE YOUR RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF TO RESTRAIN THE OPERATION OF ANY ELEMENT OF THE SERVICES AND YOU AGREE TO LIMIT YOUR CLAIMS AGAINST US TO CLAIMS FOR MONETARY DAMAGES.
(h)    We will have no liability to you for a failure by us to perform our obligations to you or provide the Services due to any causes outside of our reasonable control including acts of God, war, acts of terrorism, riots, fire, change in laws or failure of infrastructure.
(i)    This Agreement and the Privacy Policy will be governed by and construed in accordance with the law for the time being in force in Victoria, Australia and the parties, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that State