The Wellness Coach Hub Terms of Use

  1. INTRODUCTION
    1. Welcome to The Wellness Coach Hub website located at thewellnesscoachhub.com.au (“The Wellness Coach Hub”, “Website”) which is owned and operated by Wellpower Collective Pty Ltd (A.C.N 16 657 967 390) (“Us”, “We”, “Our”).
    2. We offer directory services for Businesses (as defined below) to list their services on Our Website, and for internet users to browse Our directory of Businesses (“Services”).
    3. Please read these Terms of Use carefully. By accessing and using The Wellness Coach Hub, You become a user of The Wellness Coach Hub (“User”, “You”, “Your) and You agree to be bound by these Terms of Use and Our Privacy Policy located at https://thewellnesscoachhub.com.au/privacy-policy/.  These Terms of Use constitute a legally binding agreement between You and Us (“Agreement”).
    4. We reserve the right to alter, modify, add to or change in any way, any provision of these Terms of Use and may, in its absolute discretion, limit, change or expand the goods and services available via The Wellness Coach Hub, without giving prior notice to Users. It is Your responsibility to check the Terms of Use each time You use The Wellness Coach Hub.
  2. DEFINITIONS
    1. For the purpose of these Terms of Use the following definitions apply:
      “Data” means any data or information inputted by a User into The Wellness Coach Hub;
      “Business” means businesses in the health and wellbeing industry;
      “Listing(s)” means the listing a Business can make on the Website about their services;
      “Membership” is a monthly or annual fee a Business may pay for a free listing and for additional services on the Website including but not limited to monthly expert masterclasses, posting of blog content, monthly huddles, access to member only content and discounts, and quarterly goal setting sessions; and
      “Fee” means the fees payable by a Business to Us in order to make a payment for a Membership or Listing(s).
  3. TERMS OF USE
    1. You agree to use Our Website as a directory only and acknowledge that We make no representations about the standard, accuracy, legitimacy, or quality of the Businesses and their services listed on Our website whatsoever.
    2. You acknowledge that You cannot engage any of the Businesses listed on Our website via Our Website directly, and that You will be redirected to a third party website or platform for any such engagement or enquiry in relation to the Listings on Our Website.
    3. You acknowledge that all enquiries, engagements, bookings, and communications with Businesses are outside of Our control and that We cannot be held responsible for any such enquiries, engagements, bookings and/or communications. We encourage You when You leave Our Service to read the term and conditions and privacy policy of each other website that you visit.
    4. You acknowledge that You should exercise Your own judgment and make Your own enquiries before engaging any Health or Wellbeing Coaches/Professional in relation to Listings on Our Website.
    5. You acknowledge that while We use Our best efforts to prohibit false, misleading, illegal, or deceptive representations on Our Website, We are not obliged to correct any such representations or ban any User for prohibited/unauthorised use.
  4. DISCLAIMER
    1. You acknowledge that the information on The Wellness Coach Hub is merely intended to be used as a directory only. We do not in any way endorse or recommend any of the information contained in any Listing or in any information presented on Our Website by third parties or other Users. You agree You should make Your own enquiries before relying on any information, facts, discussions, advice or other services available via Our Website.
    2. Our Website is not intended to replace or substitute a medical professional’s independent judgment and advice. You agree that the information provided on the Website must be considered for educational and information purposes only. You agree that information provided on Our Website or via email must not be relied upon as a medical consultation or advice, nor does it take into account Your personal circumstances or condition.
    3. To the fullest extent permitted by law, We will not be liable for any loss or damage suffered as a result of incorrect or improper reliance or use of Our Services or the Listings and information made available via The Wellness Coach Hub.
  5. USER CONDUCT (GENERAL)
    1. As a User, you must not (and must not allow any third party to):
      1. use the Website in any manner that could damage, disable, overburden, or impair the Website;
      2. attempt to gain unauthorised access to any parts of the Website;
      3. interfere or attempt to interfere with the proper working of the Website software;
      4. use any  robot,  spider,  scraper  or  other  automated  means  to  gain  unauthorised  access  without  express written permission from us;
      5. analyse, reverse engineer, attempt to replicate the underlying ideas, algorithms, and source code  of  the Website; and/or
      6. transmit any  viruses,  worms,  defects,  Trojan  horses,  malware  or  other  computer  programming  that  may damage,  detrimentally  interfere  with,  surreptitiously  intercept,  or  expropriate  any  system  or  data  of  the Website.
    2. We reserve the right to disable any unauthorised links or frames and disclaims any responsibility for the content available within the Listings on Our Website and on any third-party website or application which is linked to or from Our Website.
  6. TERMINATION & SUSPENSION
    1. If We determine that You are in breach of these Terms of Use, We, in Our sole discretion and without notice, have the right to refuse or limit any and all current or future use of The Wellness Coach Hub and to terminate this Agreement without refunding You for any Fees You may have paid to Use Our Service. Such suspension or termination shall not release You of any obligations existing at the time Your access is suspended or at the time the Agreement is terminated. In addition to terminating the Agreement, we will be regarded as discharged from any further obligations under these Terms of Use and may pursue any additional or alternative remedies provided by law.
    2. If Your access is suspended or otherwise limited or this Agreement is terminated, any Membership or Listing may be terminated and/or removed.
    3. The following sections of this Agreement will survive termination: Disclaimer; Termination & Suspension; Intellectual Property Rights; User Conduct; User Warranties; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.
  7. INTELLECTUAL PROPERTY RIGHTS
    1. We do not hold ourselves out to be the creator, owner or rights holder of any intellectual property that may be contained within any Listing or third party content on Our Website.
    2. Notwithstanding clause 7.1, all other parts of The Wellness Coach Hub are owned or controlled by Us or third parties that have authorised such use, including but not limited to Our designs, trade marks, text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content of The Wellness Coach Hub (“Materials”).
    3. All rights are reserved. The Materials shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms of Use, without our prior written consent.
  8. USER WARRANTIES
    1. AS A USER, YOU WARRANT TO US AS FOLLOWS:
      1. THAT ALL DATA UPLOADED TO THE WELLNESS COACH HUB IS CURRENT, TRUE, LEGITIMATE AND ACCURATE AND DOES NOT CONTAIN ANY MISREPRESENTATIONS, VIRUSES, TRACKING SOFTWARE OR OTHER PROGRAMMING ALGORITHMS THAT INTERFERE WITH OUR PRIVACY, DATA OR COMPUTER SYSTEMS;
      2. IF YOU ARE USING THE WELLNESS COACH HUB OR AGREEING TO THESE TERMS OF USE ON BEHALF OF ANOTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO US OR OTHER ORGANISATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THE TERMS OF THIS AGREEMENT; AND
      3. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE IN ANY WAY LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM YOUR USE OF THE WELLNESS COACH HUB.
  9. INDEMNITY
    1. You indemnify Us and Our officers, directors, employees and licensors against any and all costs, loss or damage suffered or may incur by reason of third party data imported into The Wellness Coach Hub, reliance on any Listing, the access and use of The Wellness Coach Hub and/or any breach or alleged breach of these Terms of Use by You.
    2. Should We, in Our sole discretion, determine that You have breached this Agreement, then nothing herein shall prevent or in any way restrict Our right to pursue any legal and/or other remedies, including, without limitation, court action.
  10. NO WARRANTIES AND LIMITATION OF LIABILITY
    1. To the fullest extent permitted by law, The Wellness Coach Hub is provided on an "as is" basis and without representations or warranties of any kind to You, whether express or implied, including without limitation as to the quality and/or fitness of The Wellness Coach Hub for a particular use, accessibility or warranties that access to or use of The Wellness Coach Hub will be uninterrupted or error-free. We do not represent that The Wellness Coach Hub will be secure or free of viruses or other harmful material or elements, or that any Materials will be correct, accurate, timely or complete.
    2. Our Listings and other information on Our Website may direct You to third-party websites or applications. We are not responsible for the content, legitimacy, accuracy of the information and any product or services available on such third-party website, applications and/or for any damage of any kind arising from Your access or use of such third-party website’s applications.
    3. To the fullest extent permitted by law, We have no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the use of The Wellness Coach Hub and/or any of its Services available on The Wellness Coach Hub, including but not limited to any changes, errors and/or misrepresentations made via The Wellness Coach Hub (including Listings), the lack of access to any part of The Wellness Coach Hub, the termination of this Agreement, and/or any modification or discontinuance of any Service available via The Wellness Coach Hub.
  11. ASSIGNMENT
    1. You acknowledge that this Agreement is personal to You and cannot be assigned, transferred, sold or otherwise disposed of without Our prior consent in writing. We reserve Our right to assign the provisions of this Agreement at any time.
  12. GOVERNING LAW AND JURISDICTION
    1. This Agreement and the access and use of The Wellness Coach Hub shall be governed by and construed in accordance with the laws of New South Wales, Australia. By accessing and using The Wellness Coach Hub, You accept that any dispute under this Agreement or arising out of access and/or use of The Wellness Coach Hub shall be subject to the jurisdiction of the New South Wales Courts in Australia and by accessing and/or using The Wellness Coach Hub, You hereby submit to the jurisdiction of such courts for such purposes.
    2. You are solely responsible for compliance with any applicable laws of the State, Territory or Country from which you access The Wellness Coach Hub.
  13. ENTIRE AGREEMENT
    1. This Agreement shall constitute the entire agreement and understanding between You and Us concerning the subject matter hereof and supersedes all prior agreements and understanding of You and Us with respect thereto.
    2. Should You proceed to purchase a Membership or make a Listing via The Wellness Coach Hub, You acknowledge this will be subject to an additional agreement for the specific Membership/Listing(s).
    3. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

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