Last Updated : 25 May 2020
DISCLAIMER All content, information, data and opinions provided by Lifestyle Breakthrough or on the Lifestyle Breakthrough website (Information), are provided as general information only. The Information is not intended to be a substitute for, or to be relied upon as, professional medical advice. Do not use the Information to diagnose, treat, cure or prevent any disease or medical condition. You should obtain professional medical advice relevant to your particular circumstance. We do not accept any liability for any injury, loss or damage arising out of or in connection with the Information. |
By accessing or using the Lifestyle Breakthrough’s website (located at lifestylebreakthrough.com.au and related URLs), pages operated by Lifestyle Breakthrough on social media websites and other platforms and our services, including but not limited to using our booking form and use of our contact form ( Services), you agree to be legally bound by these Terms and Conditions (Terms).
By agreeing to these Terms, you are entering into a legally binding agreement with Lifestyle Breakthrough Holdings Pty Ltd ACN 163 268 746 atf Lifestyle Breakthrough Holdings Unit Trust, including its successors, assignees and related bodies corporate (defined in theCorporations Act 2001 (Cth)) (Lifestyle Breakthrough, we or us), and you agree to comply with any and all applicable laws and regulations, whether domestic or international.
You warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
All Lifestyle Breakthrough terms and policies, including our Privacy Policy are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services. Bookings for appointments are also governed by additional terms and conditions which are provided at the time of booking.
The following General Terms apply to all users and visitors of the Services.
2.1.1. By using, or registering for, an account for the Services, you represent that you have the authority and capacity to enter into, and be bound by, these Terms.
2.2.1. You agree that, to the maximum extent permitted by law, Lifestyle Breakthrough holds no liability for the conduct of its users. You acknowledge that your access to, and use of, the Services is at your own risk. You agree that you are responsible for all activity that occurs in connection with your IP address, account, username and password.
2.2.2. You represent and warrant to us that your use of the Services will comply with all applicable laws and regulations in the governing jurisdiction of these Terms and in your State/Country and overseas wherever you access the Services and otherwise where applicable and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does or may violate the rights of others.
2.2.3. You agree that you will not:
(a) engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking conduct, or conduct that may fall under one of those categories;
(b) disclose or share your password or login information for the Services with any party;
(c) use the Services in a manner that may affect, damage, disrupt, impair, disable, interfere with or prevent the reliability and performance of the Services, or interfere with or attempt to interfere with any other user's use of the Services;
(d) copy or impersonate any other person or entity, or misrepresent any of your details including your image (for example by using only accurate and current photos), name, age, identity, affiliation, connection or association with, any other person or entity;
(e) use the Services to promote or solicit involvement in or, support of a political platform, religion, cult, or sect;
(f) post or disclose a person’s personal information or images without express permission;
(g) solicit or engage in any illegal or unlawful activity;
(h) use the Service to redirect users to other websites or encourage users to visit other websites;
(i) use the Service for any phishing, trolling or similar activities;
(j) defraud, scam, hack, swindle or deceive other users of the Services;
(k) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;
(l) circumvent, disable or otherwise interfere with security-related features of the Services or features that determine whether you are acting in accordance with the Terms;
(m) attempt to access any Services or area of the website that you are not authorised to access; or
(n) allow third parties to access and use the Services via your account;
(o) collect or solicit another person's personal information or images for commercial, inappropriate or unlawful purposes;
(p) use any programs, scripts, bots or other automated technology to scrape or access the Services or hijack user accounts or log-in sessions;
(q) embed, frame, include or imitate any part of the Services on another website, application or other platform, without our prior written authorisation;
(r) use any kind of code, program or device containing reference to Lifestyle Breakthrough or the Services in order to direct any person to any other website for any purpose;
(s) resell, rent out or make any commercial use of the Services;
(t) use robots, data mining or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;
(u) attempt to mislead others as to the origin of any information through the services by copying, forging or manipulating identifiers such as headers, footers or signatures;
(v) use automated methods or processes to use or access the Services or create user accounts;
(w) attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services;
(x) cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our website, Services or other users of our Services; or
(y) use the Services for any purpose other than for their intended purpose.
2.3.1. By uploading, publishing, transmitting or making available any data, content or other material to Lifestyle Breakthrough including your personal information (User Content), you agree to grant Lifestyle Breakthrough, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution for the purposes of providing the Services and in a de-identified manner for any purpose.
2.3.2. By uploading, publishing, transmitting or making available any User Content to Lifestyle Breakthrough, you warrant and represent to Lifestyle Breakthrough that:
(a) you hold all the intellectual property rights to the User Content and have the authority to upload or make available the User Content and licence the User Content to Lifestyle Breakthrough;
(b) subject to our compliance with our Privacy Policy, Lifestyle Breakthrough’s use of the User Content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party;
(c) any User Content you associate with the Services or send to other users is accurate, complete, not false and not misleading;
(d) the disclosure and use of the User Content to Lifestyle Breakthrough will not cause harm to any other user or third party, or violate their rights including any patent, trade mark, trade secret, copyright or other intellectual property or proprietary right (such as User Content that contains copyrighted material without permission) or right to privacy;
(e) the use by Lifestyle Breakthrough of the User Content will not breach the security of Lifestyle Breakthrough or its users by containing viruses, Trojan horses, worms or other harmful or disruptive scripts, code, programs or content;
(f) the disclosure and use of the User Content by Lifestyle Breakthrough does not violate these Terms or other policies, or any applicable law, rule or regulation;
(g) the User Content does not contain any obscene, pornographic, profane, sexually oriented, threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal content including any racist, bigoted, hateful or violent content;
(h) the User Content does not promote or cause harm or intimidation of any kind against any group or individual;
(i) the disclosure and use of the User Content by Lifestyle Breakthrough does not violate the privacy of any other person by containing visual or audible representations of another person without his or her express written consent or violate their data protection or privacy rights;
(j) the disclosure and use of the User Content by Lifestyle Breakthrough will not bring Lifestyle Breakthrough into disrepute; and
(k) the User Content does not contain, promote or enable illegal or unlawful activities.
By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to access and use your User Content in accordance with our Privacy Policy.
2.5.1. Lifestyle Breakthrough retains the right, at any time without reason or notice, to pre-screen, review, control, monitor, reject, delete or edit User Content, however Lifestyle Breakthrough is not obliged to do so.
2.5.2. You agree that Lifestyle Breakthrough may require you to remove, amend or delete User Content and that you must comply with such requirement within 1 days’ written notice to you.
2.5.3. You acknowledge and agree that Lifestyle Breakthrough does not control, take responsibility for, or assume any liability for, any content submitted by you, or other users of the Services or any third parties, and that Lifestyle Breakthrough is not liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You agree to release Lifestyle Breakthrough and its agents and officers and employees from any such claims or liability and acknowledge that the User Content submitted by you or other users, as well as any other information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
2.6.1. Lifestyle Breakthrough owns, controls or licences all materials contained on, or in, our Services, including text, images, graphics, logos, designs, illustrations, audio, videos, music, user interfaces, photographs, trade marks, logos, coding or programming and artwork, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of such content contained in our Services ( Lifestyle Breakthrough IP).
2.6.2. Lifestyle Breakthrough IP is protected by copyright, trade mark laws, and various other intellectual property rights and unfair competition laws and must not be copied, imitated or used (in whole or in part) without the prior written consent of Lifestyle Breakthrough.
2.6.3. Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable licence, subject to these Terms. You agree that you will not:
(a) copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher decompile or otherwise disassemble any portion of the Lifestyle Breakthrough IP or our Services or cause or assist others to do so;
(b) challenge Lifestyle Breakthrough’s ownership of Lifestyle Breakthrough IP;
(c) infringe Lifestyle Breakthrough IP; or
(d) use or make any intellectual property that is similar to Lifestyle Breakthrough IP.
2.7.1. Our Services may, from time to time, contain links to and from websites which are owned or operated by third parties. You acknowledge and agree that Lifestyle Breakthrough does not control, and is not responsible for the content, quality, nature, or reliability of any material that is posted, contained in or provided by any other user, third party, advertiser or website or hyperlink (including links to other applications) that is contained in the Services. Lifestyle Breakthrough is not to be taken to, in any way, represent or support the content, beliefs or views of any third party and such associations do not imply any sponsorship, affiliation or endorsement by Lifestyle Breakthrough of any such material except where otherwise stated by Lifestyle Breakthrough in writing.
2.7.2. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. You acknowledge that our terms and policies do not govern the websites or applications of third parties and that third party websites or applications may be governed by their own terms and conditions. You understand and agree that you access any such third party websites and applications at your own risk and that Lifestyle Breakthrough is not liable for any information on, or the privacy practices of, any third party websites.
2.7.3. Lifestyle Breakthrough reserves the right to remove any advertisement or link to any third party in the Services in its sole discretion.
You agree that Lifestyle Breakthrough may, in its sole discretion, immediately and without notice to you, terminate, limit your access to or suspend your access or use of the Services, including but not limited to blocking your IP address or email and blocking, deactivating or deleting your Lifestyle Breakthrough account or terminate your licence to use Lifestyle Breakthrough IP.
You agree to allow Lifestyle Breakthrough to send you emails regarding the Services, in accordance with our Privacy Policy.
2.10.1. Lifestyle Breakthrough provides the Services on an “as is” and “as available” basis. While we aim to update our website regularly, neither Lifestyle Breakthrough, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the website or as to the availability of the Services. You agree that Lifestyle Breakthrough is not responsible for the communications or content of other users of the Services, and you acknowledge that Lifestyle Breakthrough cannot guarantee the accuracy, safety or legality of such communications or content.
2.10.2. Lifestyle Breakthrough does not make any warranty or representation (whether express or implied) as to the continuous availability of or secure access to the Services.
2.10.3. Lifestyle Breakthrough reserves the right to restrict access to parts of our website or the entire website, change or withdraw any products, services, information or content featured on this website or provided through our Services without notice.
2.10.4. To the maximum extent permitted by law, neither Lifestyle Breakthrough, nor any of its employees or agents will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the website, including any content uploaded onto Lifestyle Breakthrough by its visitors, Members, or any third party.
2.10.5. To the maximum extent permitted by law, Lifestyle Breakthrough expressly disclaims all representations and warranties of any kind, including those specified by any of the Employment Providers or advertisers in the Services, unless expressly stated in these Terms or unless implied under Schedule 2 of the Competition and Consumer Act 2010 (Cth) ( Australian Consumer Law). This clause survives termination of these Terms.
2.11.1. You understand that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.
2.11.2. To the maximum extent permitted by law, Lifestyle Breakthrough excludes all liability and you agree to release Lifestyle Breakthrough and that Lifestyle Breakthrough will not be liable for any loss, damage (including special, indirect or consequential loss or damage such as loss of revenue, loss of goodwill) or injury (including death or illness), whether in contract, tort or otherwise, howsoever caused, arising from or in connection with the Services including, but not limited to:
(a) your access to or use of the Services;
(b) any loss of data, failure to transmit or process data, interruption of business or unavailability of systems;
(c) any breach of data or unauthorised access;
(d) your use of, or reliance on, information, comments or opinions contained on the website or obtained through the Services; and
(e) any malicious or harmful programs, scripts or technologies that may affect the Services, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material.
2.11.3. You acknowledge and agree that it is the sole responsibility of the user, to make enquiries and regularly check the accuracy of information provided by Lifestyle Breakthrough. Lifestyle Breakthrough make no representation or warranty that its Services will meet your requirements or expectations, will be to your liking and will be free from error.
2.11.4. You agree to indemnify Lifestyle Breakthrough from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms. You agree to co-operate with Lifestyle Breakthrough (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise in connection with your use of the Services.
2.11.5. If Lifestyle Breakthrough is liable under these Terms for any matter which by law is not able to be released, then to the maximum extent permitted by law, the maximum aggregate liability of Lifestyle Breakthrough under these Terms, for any reason whatsoever, whether arising in tort or contract or any other cause of action, is hereby limited to the lesser of (a) the fees (if any) actually paid to Lifestyle Breakthrough by the complainant party; and (b) AUD$1,000.00.
2.11.6. The obligations under this paragraph 2.11 will survive termination of the Terms.
You agree to release and indemnify and hold Lifestyle Breakthrough and its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your use or access of the Services of Lifestyle Breakthrough, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party, including other Lifestyle Breakthrough users or Members. This clause survives termination of these Terms.
2.13.1. Lifestyle Breakthrough reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published.
2.13.2. Whilst we will endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on our website, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms. By continuing to use our Services you are deemed to have agreed to any amendments to the Terms.
2.14.1. Assignment: If you assign, transfer or deal with the whole or any part of your rights or obligations under these Terms, you agree that you will ensure that any assignee will accept an assignment of these Terms from the date of the assignment and will continue to be bound to comply with these Terms as though it were you under these Terms. A change in control (as defined in the Corporations Act 2001 (Cth)) constitutes a deemed assignment.
2.14.2. Waiver: Any failure or delay by Lifestyle Breakthrough in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Lifestyle Breakthrough from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
2.14.3. Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
2.14.4. Relationship: These terms do not confer any relationship of agency, partnership, joint venture, employee-employer or franchisor-franchisee between Lifestyle Breakthrough and you or any other party unless expressly stated otherwise.
2.14.5. Entire agreement: These Terms, our Privacy Policy (incorporated by these Terms) and any additional policies or terms you have agreed to through your access and use of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.
2.14.6. Governing law and jurisdiction: These Terms are governed by the laws of Victoria, Australia. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts.