Terms and
Conditions of Pro Acttive Living Services
1.
Registration
and access
You
must register to use the information available
on this site.
By completing the registration process
you:-
(i)
Acknowledge that you have read and agree
to be bound by these terms and conditions; and
(ii) You promise that all of the registration information you provide
about yourself is true, accurate, complete and
up to date and that you will advise Pro
Acttive Living if any of your registration details
change.
Pro
Acttive Living reserves the right to refuse
to accept any registration or to cancel any
registration at any time at Pro Acttive Living’s
discretion.
Upon
acceptance of your registration you will be
allocated a user name/password which you will
need to use to access information.
These
terms and conditions may be varied from time
to time at Pro Acttive Living’s sole discretion
and you will be deemed to have accepted such
variation to the terms and conditions unless
within seven (7) days of notification to you
of the variation you cancel your registration.
2.
Fees
You
agree to pay the fees described elsewhere in
this site, which fees are subject to change
at any time.
All
fees are quoted in Australian dollars and
include Goods and Services Tax.
Your
registration and access to this site may be
cancelled at Pro Acttive Living’s sole discretion
if you fail to pay any fees by the due date
for payment.
Fees
are to be paid up front before product or
service is given.
Fees
are strictly not refundable for membereship
for Pro
Acttive Living’s services
but maybe passed onto another individual
at the discretion of Pro
Acttive Living..
3.
Use of chat rooms and bulletin boards
If
you use a chat room or bulletin board on this
site then you:-
(i)
Accept
sole liability for all communications you post;
(ii)
Indemnify
Pro Acttive Living in respect of any claim or
loss it suffers or incurs as a consequence of
communications you have posted;
(iii)
Acknowledge
that Pro Acttive Living is not responsible for
communications posted within the chat room or
bulletin board and that any reliance you make
upon such communications or bulletin boards
is at your own and sole risk entirely;
(iv)
Agree
that you will not post any material which violates
any laws or any other party’s intellectual property
rights or which is lawful, obscene, defamatory,
threatening, harassing, abusing, slanderous,
hateful or embarrassing to any other person
or entity; and
(v)
Your
use of the chat room or bulletin board shall
solely be in connection with the intended purpose
of this site and will not in any may injure
the interests of Pro Acttive Living.
Pro
Acttive Living reserves the right to monitor
all communications in chat rooms or bulletin
boards for the protection of Pro Acttive Living’s
interests and to take any action it deems necessary
to protect those interests.
4.
Intellectual
Property Rights
You
acknowledge and agree that Pro Acttive Living
owns all right, title and interest in the content,
layout, design, concept and organization of
this site and copyright and all material created
for or by Pro Acttive Living and forming part
of this site.
You agree that you will not copy, upload,
transmit, reproduce, distribute or any other
way exploit any of Pro Acttive Living’s intellectual
property rights nor do anything to hinder, impede,
invalidate or challenge Pro Acttive Living’s
intellectual property rights.
Whilst
you remain a registered user of this site, you
are granted a non-exclusive and non-transferable
right to view, download, print or otherwise
reproduce in unaltered form a single copy of
any material contained within this site.
5.
Disclaimer
of liability
The
content of this site is for educational and
informational purposes only. It is not medical advice and is not a substitute
for or alternative to medical advice.
Your
use of this site is at your own risk.
The information contained in this site
is not intended to be a substitute for professional
medical advice or treatment and you are encouraged
to seek medical advice in respect of any questions
you have regarding a medical condition.
Pro
Acttive Living shall not accept responsibility
for any medical condition or illness or injury
arising from the provision of information within
this site.
Pro
Acttive Living cannot and does not promise that
all information contained within this site is
accurate or that information contained within
this site is appropriate for any one individual.
Pro
Acttive Living hereby excludes to the maximum
extent permissible by law any and all conditions
and warranties that may be expressed or implied
by statute, common law or otherwise, whether
such conditions or warranties be as to quality,
outcome, fitness, care, skill or otherwise.
To the extent permitted by law, the liability
of Pro Acttive Living for breach of any express
or implied warranty shall be the re-supply of
the services or reimbursement of the cost of
having those services supplied again.
Pro
Acttive Living makes no representation or warranty
about the accuracy, reliability, completeness
or timeliness of the information contained within
this site.
To
the full extent permitted by law, you hereby
release Pro Acttive Living from any claim of
any nature arising from your registration with
Pro Acttive Living or use of this site.
6.
Indemnity
You
hereby indemnify Pro Acttive Living and its
offices, employees, partners and any other associated
persons from any loss or damage you or any third
person suffers or incurs as a consequence of
your registration with Pro Acttive Living and
use of this site.
7.
Termination
Your
registration may be terminated immediately by
Pro Acttive Living at any time at its sole discretion
if Pro Acttive Living reasonably believes that
you have breached any of these terms or in any
other way acted in a way injurious to the interests
of Pro Acttive Living.
8.
General
These
terms and conditions are the entire terms and
conditions governing your relationship with
Pro Acttive Living.
If any provision of these terms and conditions
are invalid, unenforceable, illegal, or void
for any reason then such provision shall be
deleted or read down to the extent necessary
to overcome the difficulty and the remaining
terms and conditions shall be valid and enforceable.
These
terms and conditions shall be governed by the
law of the state of Victoria, Australia and
each of you and Pro Acttive Living submit to
the non-exclusive jurisdiction of the courts
of Victorian and Australia.
A
waiver by Pro Acttive Living of any breach by
you of these terms shall not be deemed to be
a waiver of any subsequent breach.
Pro
Acttive Living shall not be responsible for
any failure on its part to perform its obligations
under these terms and conditions if such failure
is beyond the reasonable control of Pro Acttive
Living.
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