Terms of use
1. Introduction
1.1. These terms and conditions shall govern your use of our website.
1.2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3. If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2. Copyright notice
2.1. Copyright © 2017 of first publication myhealthexplained.com
2.2. Subject to the express provisions of these terms and conditions:
2.3. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
2.4. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. License to use website
3.1. You may:
a. view pages from our website in a web browser;
b. download pages from our website for caching in a web browser;
c. print pages from our website;
d. stream audio and video files from our website; and
e. use our website services by means of a web browser,
3.2. subject to the other provisions of these terms and conditions.
3.3. Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.4. You may only use our website for your own personal and you must not use our website for any other purposes.
3.5. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.6. Unless you own or control the relevant rights in the material, you must not:
a. republish material from our website (including republication on another website);
b. sell, rent or sub-license material from our website;
c. show any material from our website in public;
d. exploit material from our website for a commercial purpose; or
e. redistribute material from our website.
3.7. Notwithstanding Section 4.5, you may redistribute our newsletter in electronic form to any person.
3.8. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1. You must not:
a. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
b. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
d. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
e. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
f. violate the directives set out in the robots.txt file for our website; or
g. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Registration and accounts
5.1. To be eligible for an account on our website under this Section 6, your information must be correct and accurate.
5.2. You may register for an account with our website by completing and submitting the create account registration form on our website, and clicking on the verification link in the email that the website will send to you.
5.3. You must not allow any other person to use your account to access the website.
5.4. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5.5. You must not use any other person's account to access the website.
6. User login details
6.1. If you register for an account with our website, you will be asked to choose a user ID, and we will provide you with your password.
6.2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3. You must keep your password confidential.
6.4. You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1. We may:
a. suspend your account;
b. cancel your account; and/or
c. edit your account details,
d. at any time in our sole discretion without notice or explanation.
e. You may cancel your account on our website using you’re my settings control panel on the website.
7.2. Deletetion of account and personal information.
a. You may at any time request cancellation of your account and deletion
of any data that is held relating to your account. If you would like this,
please email us directly and request data deletion at admin@myhealthexplained.com.
You request will be processed within 3 working days and you will receive a confirmatory email once completed.
8. Limited warranties
8.1. We do not warrant or represent:
a. the completeness or accuracy of the information published on our website;
b. that the material on the website is up to date; or
c. that the website or any service on the website will remain available.
8.2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
8.3. To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
9. Limitations and exclusions of liability
9.1. Nothing in these terms and conditions will:
a. limit or exclude any liability for death or personal injury resulting from negligence;
b. limit or exclude any liability for fraud or fraudulent misrepresentation;
c. limit any liabilities in any way that is not permitted under applicable law; or
d. exclude any liabilities that may not be excluded under applicable law.
e. The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
f. are subject to Section 9.1; and
g. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.2. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
9.3. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.4. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
a. We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.5. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.6. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10. Breaches of these terms and conditions
10.1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
a. send you one or more formal warnings;
b. temporarily suspend your access to our website;
c. permanently prohibit you from accessing our website;
d. block computers using your IP address from accessing our website;
e. contact any or all of your internet service providers and request that they block your access to our website;
f. commence legal action against you, whether for breach of contract or otherwise; and/or
10.2. suspend or delete your account on our website.
10.3. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
11. Variation
11.1. We may revise these terms and conditions from time to time.
11.2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
11.3. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
12. Assignment
12.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
12.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
13. Severability
13.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Third party rights
14.1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
15. Entire agreement
15.1. Subject to Section 9.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
16. Law and jurisdiction
16.1. These terms and conditions shall be governed by and construed in accordance with Australian law.
16.2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Australia.
17. Statutory and regulatory disclosures
17.1. We are registered in Australia under ABN number 92 121 765 464
17.2. We are registered as My Health Explained Pty Ltd in Australia.
18. Our details
18.1. This website is owned and operated by My Health Explained Pty Ltd
18.2. We are registered in Australia under ABN number 92 121 765 464, and our registered office is at 228A Harbour Drive, Coffs Harbour NSW, 2450, Australia.
18.3. Our principal place of business is at 228A Harbour Drive, Coffs Harbour NSW, 2450, Australia.
18.4. You can contact us:
a. by post, using the postal address above;
b. using our website support form;
c. by email, using the email address published on our website from time to time.
Video viewing and download terms and conditions
1. Introduction
1.1. These terms and conditions shall govern the sale and supply of downloadable videos through our website, and the use of those videos.
1.2. You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3. This document does not affect any statutory rights you may have as a consumer.
2. Interpretation
2.1. In these terms and conditions:
a. "we" means MyHealth ExplainedPtyLtd (and "us and "our" should be construed accordingly);
b. "you" means our customer or prospective customer under these terms and conditions (and "your" should be construed accordingly);
c. "videos" means those videos that are available for purchase on our website; and
d. "your videos" means any such videos that you have purchased through our website (including any enhanced or upgraded version of the videos that we may make available to you from time to time).
3. Order process
3.1. The advertising of videos on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3. To enter into a contract through our website to purchase downloadable videos from us, the following steps must be taken: you must click the buy button on the product videos series you wish to purchase, and then proceed to the payment page; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4. You will have the opportunity to identify and correct input errors prior to making your order by viewing and input validation errors alerts.
4. Prices
4.1. Our prices are quoted on our website.
4.2. We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
4.3. All amounts stated in these terms and conditions or on our website are stated exclusive of GST.
5. Payments
5.1. You must, during the checkout process, pay the prices of the videos you order.
5.2. Payments may be made by any of the permitted methods specified on our website from time to time.
6. Licensing of videos
6.1. We will supply your videos to you in the format or formats specified on our website, via your user dashboard, and by such means and within such periods as are specified on our website.
6.2. Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a non-exclusive, non-transferable license to make any use of your videos permitted by Section 6.3, providing that you must not in any circumstances make any use of your videos that is prohibited by Section 6.4.
6.3. The "permitted uses" of your videos are:
a. viewing your video series via your user account dashboard;
b. playing copies of your videos on not more than 3 desktop, laptop or notebook computers.
6.4. The "prohibited uses" of your videos are:
a. the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any video (or part thereof) in any format;
b. the editing, modification, adaptation or alteration of any video (or part thereof), and the creation of any derivative work incorporating any video (or part thereof);
c. the use of any video (or part thereof) in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
d. the use of any video (or part thereof) to compete with us, whether directly or indirectly;
e. any commercial use of any video (or part thereof); and
f. the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any video for the purpose of preventing unauthorised use,
6.5. providing that nothing in this Section 6.4 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.
6.6. You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your videos.
6.7. All intellectual property rights and other rights in the videos not expressly granted by these terms and conditions are hereby reserved.
6.8. You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any video.
6.9. The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
6.10. If you breach any provision of these terms and conditions, then the license set out in this Section 6 will be automatically terminated upon such breach.
6.11. You may terminate the license set out in this Section 6 by deleting all copies of the relevant videos in your possession or control, or deleting your account.
6.12. Upon the termination of a license under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant videos in your possession or control, and permanently destroy any other copies of the relevant videos in your possession or control.
7. Distance contracts and purchases : cancellation and refund right
7.1. This Section 7 applies if and only if you offer to purchase with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
7.2. You may withdraw an offer to enter into a contract or purchase with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
a. beginning upon the submission of your offer; and
b. before viewing any of the video series episodes,
7.3. subject to Section 7.3. You do not have to give any reason for your withdrawal or cancellation.
7.4. You agree that we may begin the provision of videos before the expiry of the period referred to in Section 7.2, and you acknowledge that, if we do begin the provision of videos before the end of that period, you will lose the right to cancel referred to in Section 7.2.
7.5. In order to withdraw an offer to contract or cancel a contract or purchase on the basis described in this Section 7, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the help form available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
7.6. If you cancel an order on the basis described in this Section 7, and have not viewed any of your video series you will receive a full refund of the amount you paid to us in respect of the order.
7.7. We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
7.8. We will process the refund due to you as a result of a cancellation on the basis described in this Section 7 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
8. Warranties and representations
8.1. You warrant and represent to us that:
a. you are legally capable of entering into binding contracts;
b. you have full authority, power and capacity to agree to these terms and conditions; and
c. all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
8.2. We warrant to you that:
a. your videos will be of satisfactory quality;
b. your videos will be reasonably fit for any purpose that you make known to us before a contract under these terms and conditions is made;
c. your videos will match any description of it given by us to you; and
d. we have the right to supply your videos to you.
8.3. All of our warranties and representations relating to videos are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.
9. Limitations and exclusions of liability
9.1. Nothing in these terms and conditions will:
a. limit or exclude any liability for death or personal injury resulting from negligence;
b. limit or exclude any liability for fraud or fraudulent misrepresentation;
c. limit any liabilities in any way that is not permitted under applicable law; or
d. exclude any liabilities that may not be excluded under applicable law,
e. and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
9.2. The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
a. are subject to Section 9.1; and
b. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.4. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.5. We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.6. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.7. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
9.8. Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
10. Variation
10.1. We may revise these terms and conditions from time to time by publishing a new version on our website.
10.2. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
11. Assignment
11.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
11.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12. No waivers
12.1. No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
12.2. No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
13. Severability
13.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Third party rights
14.1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
15. Entire agreement
15.1. Subject to Section 9.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.
16. Law and jurisdiction
16.1. These terms and conditions shall be governed by and construed in accordance with Australian law.
16.2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Australia.
17. Statutory and regulatory disclosures
17.1. We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
17.2. These terms and conditions are available in the English language only.
17.3. Our GST registration number is ABN 92 121 765 464.