Terms Of Use Agreement
Effective as of 10 October 2020
GHR is not a health care provider.
GHR does not provide a health care service.
GHR does not provide diagnosis, treatments or specific health advice.
Any and all information provided is general in nature and everyone must consult their health care professional to seek a formal diagnosis and treatment plan, and must not act solely on information provided by this service.
GHR does not provide a health care service.
GHR does not provide diagnosis, treatments or specific health advice.
Any and all information provided is general in nature and everyone must consult their health care professional to seek a formal diagnosis and treatment plan, and must not act solely on information provided by this service.
Good Health Radio Pty Ltd ABN 53 635 325 950 (GHR, Us, We, Our) provides the Good Health Web Radio service, Good Health Web Radio Podcast service and related website / digital media services (‘Our Services’) for your personal non-commercial entertainment only and subject to your compliance with this Terms of Use Agreement (the Agreement).
Our Services can include, provide access to, display or deliver a range of Assets which can include (but is not limited to) stories, interviews, articles, opinions, information, fact and news which may be presented in a range of formats including audible spoken word, written text, designs, graphics, pictures, software, music, sound files and or images (Our Content).
Please read this Agreement carefully before using Our Services.
Your use of any or all of Our Services or Our Content, directly or indirectly, constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all aspects of this Agreement, you must immediately discontinue use of Our Services and Our Content.
From time to time, GHR may need to change this Agreement to reflect Our changing business. We may change the Agreement at any time by posting the changed Terms Of Use Agreement on our web site. Your access to Our Services following any such change will constitute your agreement to be bound by the Agreement as amended.
Our Services can include, provide access to, display or deliver a range of Assets which can include (but is not limited to) stories, interviews, articles, opinions, information, fact and news which may be presented in a range of formats including audible spoken word, written text, designs, graphics, pictures, software, music, sound files and or images (Our Content).
Please read this Agreement carefully before using Our Services.
Your use of any or all of Our Services or Our Content, directly or indirectly, constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all aspects of this Agreement, you must immediately discontinue use of Our Services and Our Content.
From time to time, GHR may need to change this Agreement to reflect Our changing business. We may change the Agreement at any time by posting the changed Terms Of Use Agreement on our web site. Your access to Our Services following any such change will constitute your agreement to be bound by the Agreement as amended.
1. USAGE RULES
1.1. The content and information (Content) available via Our Services is provided for your personal, non-commercial use only unless otherwise authorised by GHR.
1.2. You must use Our Services in a responsible manner, and in compliance with all relevant laws, regulations, standards or codes.
1.3. If you are under 18 years of age, you must obtain a parent or guardian's consent before accessing or using Our Services.
1.4. You must not do, attempt to do, or permit another person to do:
1.4.1. store in any electronic or other medium, publish, distribute, communicate to the public, change, modify, adapt, manipulate, reverse engineer, decompile, distort or enhance any of Our Content available from Our Services;
1.4.2. incorporate or merge any of Our Content with any other material, including advertising or promotional material;
1.4.3. tamper with, hinder the operation of, or make unauthorised modifications to the Our Services or any of Our Content;
1.2. You must use Our Services in a responsible manner, and in compliance with all relevant laws, regulations, standards or codes.
1.3. If you are under 18 years of age, you must obtain a parent or guardian's consent before accessing or using Our Services.
1.4. You must not do, attempt to do, or permit another person to do:
1.4.1. store in any electronic or other medium, publish, distribute, communicate to the public, change, modify, adapt, manipulate, reverse engineer, decompile, distort or enhance any of Our Content available from Our Services;
1.4.2. incorporate or merge any of Our Content with any other material, including advertising or promotional material;
1.4.3. tamper with, hinder the operation of, or make unauthorised modifications to the Our Services or any of Our Content;
2. AVAILABILITY AND OPERATION OF OUR SERVICES
2.1. GHR use reasonable efforts to make sure that Our Services are operational and accessible at all times. Our Services may not be accessible at all times and you may experience interruptions, delays, errors or faults in your use of and access to Our Services.
2.2. We provide no guarantee or give any warranty about the availability of Our Services or Content.
2.3. We may receive fees or commissions (or both) from third parties in relation to some of the content, goods or services which we advertise, promote or make available via Our Services. You acknowledge and consent to us receiving those fees and commissions.
2.4. While we endeavour to ensure the accuracy of Our Content accessible via Our Services, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information, material or Content accessible through Our Services.
2.2. We provide no guarantee or give any warranty about the availability of Our Services or Content.
2.3. We may receive fees or commissions (or both) from third parties in relation to some of the content, goods or services which we advertise, promote or make available via Our Services. You acknowledge and consent to us receiving those fees and commissions.
2.4. While we endeavour to ensure the accuracy of Our Content accessible via Our Services, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information, material or Content accessible through Our Services.
3. OUR LIABILITY TO YOU
3.1. You acknowledge that your use of Our Services including Our Content is at your own risk. If you are dissatisfied with the Our Services, these Terms of Use or any or Our Content, you must discontinue its use immediately.
3.2. To the maximum extent permitted by law, GHR accept no liability for any loss or damage you suffer, whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, as a result of using or accessing Our Services or Our Content.
3.3. In particular, in no event will GHR be liable to you for any direct, incidental, special, punitive, indirect or consequential loss, including any business losses, losses of data or profits, or any other kind of loss or damage incurred in any way (including as a result of negligence) which you may suffer in connection with our supply, non-supply or defective supply of Our Services or Our Content.
3.4. Our Content is provided “as is”. We make no warranties or representation about any of Our Content, either express or implied, and to the fullest extent permitted by law, GHR exclude all warranties and representations about the currency, accuracy, suitability or reliability of Our Service or Our Content. We do not warrant that Our Services are compatible with your equipment or that it is free of errors or viruses, worms or "Trojan horses" and we are not liable for any damage you may suffer as a result of such destructive features.
3.5. Notwithstanding all of the above, if any condition or warranty cannot be limited or excluded, our liability under it will be limited (where permissible) to, at our election, replacing or resupplying the relevant goods or services or paying the cost of such replacement or resupply.
3.2. To the maximum extent permitted by law, GHR accept no liability for any loss or damage you suffer, whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, as a result of using or accessing Our Services or Our Content.
3.3. In particular, in no event will GHR be liable to you for any direct, incidental, special, punitive, indirect or consequential loss, including any business losses, losses of data or profits, or any other kind of loss or damage incurred in any way (including as a result of negligence) which you may suffer in connection with our supply, non-supply or defective supply of Our Services or Our Content.
3.4. Our Content is provided “as is”. We make no warranties or representation about any of Our Content, either express or implied, and to the fullest extent permitted by law, GHR exclude all warranties and representations about the currency, accuracy, suitability or reliability of Our Service or Our Content. We do not warrant that Our Services are compatible with your equipment or that it is free of errors or viruses, worms or "Trojan horses" and we are not liable for any damage you may suffer as a result of such destructive features.
3.5. Notwithstanding all of the above, if any condition or warranty cannot be limited or excluded, our liability under it will be limited (where permissible) to, at our election, replacing or resupplying the relevant goods or services or paying the cost of such replacement or resupply.
4. YOUR LIABILITY TO US
4.1. To minimise the costs associated with delivering Our Services, we require that you take responsibility for any harm We suffer as a result of your use of Our Services or Our Content.
4.2. You agree to indemnify, defend, and hold harmless GHR including our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against any losses, costs, claims, actions, demands or other proceedings suffered by Us or brought against Us to the extent that such loss, cost, claim, suit, action or other proceeding suffered by GHR or brought against GHR is based on or arises in connection with:
4.2.1. your use of Our Services or Our Content
4.2.2. any breach by you of this Agreement;
4.2.3. a claim that any use of Our Services or Our Content by you:
4.2.3.1. infringes any intellectual property rights of any third party;
4.2.3.2. is misleading or defamatory, or otherwise results in injury or damage to any third party; or
4.2.3.3. otherwise breaches any law; or
4.2.3.4. any deletions, additions, insertions, or alterations to, or any unauthorised use of, Our Content by you.
4.3. Any attempt to deliberately damage Our Services or Our Content, may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, We reserve the right to seek damages to the fullest extent permitted by law.
4.2. You agree to indemnify, defend, and hold harmless GHR including our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against any losses, costs, claims, actions, demands or other proceedings suffered by Us or brought against Us to the extent that such loss, cost, claim, suit, action or other proceeding suffered by GHR or brought against GHR is based on or arises in connection with:
4.2.1. your use of Our Services or Our Content
4.2.2. any breach by you of this Agreement;
4.2.3. a claim that any use of Our Services or Our Content by you:
4.2.3.1. infringes any intellectual property rights of any third party;
4.2.3.2. is misleading or defamatory, or otherwise results in injury or damage to any third party; or
4.2.3.3. otherwise breaches any law; or
4.2.3.4. any deletions, additions, insertions, or alterations to, or any unauthorised use of, Our Content by you.
4.3. Any attempt to deliberately damage Our Services or Our Content, may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, We reserve the right to seek damages to the fullest extent permitted by law.
5. TRADE MARKS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
5.1. All intellectual property relating to Our Service and Our Content, including any trademarks, including (but not limited to) text, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, voice’s, sound effect and other material, is owned by GHR, or our licensors, and may be protected by copyright, trademarks and/or other proprietary rights.
5.2. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions related to Our Services or Our Content. You acquire no rights or licences to Our Services or Our Content other than the limited right to use Our Services or Our Content in accordance with this Agreement.
5.3. You must not use or apply any of GHR’s trademarks without our consent. Our trademarks include our product name, business name, logos, slogans, catch phrases including (but not limited to) audible and sonic logos.
5.4. Unless expressly stated otherwise, you may download Our Content onto your personal or business computer or device, but only to the extent necessary to allow you to use Our Services and Our Content. Otherwise, you must not reproduce, adapt, distribute or permanently store any of Our Content in any medium or form whatsoever, unless otherwise authorised by GHR.
5.2. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions related to Our Services or Our Content. You acquire no rights or licences to Our Services or Our Content other than the limited right to use Our Services or Our Content in accordance with this Agreement.
5.3. You must not use or apply any of GHR’s trademarks without our consent. Our trademarks include our product name, business name, logos, slogans, catch phrases including (but not limited to) audible and sonic logos.
5.4. Unless expressly stated otherwise, you may download Our Content onto your personal or business computer or device, but only to the extent necessary to allow you to use Our Services and Our Content. Otherwise, you must not reproduce, adapt, distribute or permanently store any of Our Content in any medium or form whatsoever, unless otherwise authorised by GHR.
6. GENERAL MATTERS
6.1. This Agreement is governed by Victorian Law and you irrevocably submit to the non-exclusive jurisdiction of the courts having jurisdiction in Victoria.
6.2. If any of aspect of this Agreement is invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force.
6.3. If GHR do not act in relation to a particular breach by you of this Agreement, this will not be treated as a waiver by Us of our right to act with respect to subsequent or similar breaches.
6.2. If any of aspect of this Agreement is invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force.
6.3. If GHR do not act in relation to a particular breach by you of this Agreement, this will not be treated as a waiver by Us of our right to act with respect to subsequent or similar breaches.
