Last modified: 28th August 2018
Welcome to the Kind Health Wellbeing Hub, powered by Springday
Below is a high-level overview of the Wellbeing Hub Terms and Conditions, followed by a more detailed version. Please read the Terms and Conditions relating to your use of this website carefully.
If you are not using the Website in accordance with our Terms and Conditions, we can cancel your subscription.
Please note: Kind Health platform does not function as medical organisation and our staff cannot and do not give, or purport to give, you medical advice or diagnosis. Nothing contained in this Website should be construed as medical advice or diagnosis. We strongly recommend that you discuss the use of the Wellbeing Hub and the Activity programs with your General Practitioner before joining as some of the activities and exercise suggestions may not be suitable for you to undertake.
If you have a question or wish to cancel your membership, please contact us on email@example.com
Springday Wellbeing Hub Terms and Conditions
By using this Website (which shall include the use of any of our products or offerings (“Products”), you agree to these Terms and Conditions of Use ("Terms & Conditions"). Unless inconsistent with the context:
1. these Terms & Conditions are incorporated into any agreement between you and us (“Agreement”). In case of any inconsistency between these Terms & Conditions and any Agreement, the terms of the relevant Agreement prevails; and
2. reference to this Website includes reference to our Products.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. If you do not agree to these Terms & Conditions, you should not use this Website and, if applicable, you should cancel your membership with us.
The use of this Website is subject to important disclaimers, limitations of liability and indemnities, including regarding your health and which may affect your suitability to pursue any form of activity, exercise, training program or Regime (“Regime”), which you should read carefully before using this Website.
1. Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of the Australian websites which are owned or operated by Springday Pty Ltd (ACN: 126 617 025) and the Affiliates of Springday Pty Ltd (collectively “Springday”, "we", "us" or "our"), including, without limitation, this Website and any other website that we may own or operate currently or in the future (collectively, "Website"). For the purpose of these Terms & Conditions, "Affiliates" means any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Springday, including, without limitation, their respective subsidiaries and affiliates; and “You”, “you” or “your” means any person or entity, and any subsidiary, affiliate or associate of such person or entity, that uses or purports to use this Website.
This Website and these Terms & Conditions are governed by and construed in accordance with the laws of the state of New South Wales and Australia (see clause 18 of these Terms & Conditions).
2. Terms & Conditions – General
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed an agreement containing these Terms & Conditions. If you do not comply with these Terms & Conditions at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of this Website, including, but not limited to:
1. restricting the time this Website is available;
2. restricting the amount of use permitted; and
3. restricting or terminating your or any other user's right to use this Website.
You agree that any termination or cancellation of your access to, or use of, this Website may be effected without prior notice to you and without providing any reason for such termination. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you acknowledge and agree that:
1. we may immediately deactivate or delete your user account and/or all related information and files in your user account and/or bar any further access by you to such information and/or files, or this Website (or part thereof);
2. we shall not be liable to you or any third party for any termination or cancellation of, or variation of the applicable terms relating to, your access to, or use of, this Website;
3. your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or these Terms and Conditions, or any policies or practices adopted by us in providing this Website, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Products, is to cancel or terminate your membership with us;
4. we make no warranties in relation to Products and your rights with respect to any dissatisfaction with Products are, unless we agree otherwise, limited to those rights available to you under the Trade Practices Act 1974 (Cth), equivalent state based fair trading legislation and any other applicable statute or common law right;
5. we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms");
6. such Additional Terms may be placed on this Website to be viewed in connection with the specific content, activities, features or events and will be identified as such; and
7. any Additional Terms will upon first being placed on this Website, or otherwise made public, be incorporated by reference into and form part of these Terms & Conditions.
Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that this is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of this Website (or any portion thereof) or any of our Products.
3. Cancellation of Subscription
Either you or we may terminate or cancel your subscription to our Products at any time. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of:
1. these Terms and Conditions (including our enforcement or application of these Terms and Conditions);
3. the Content available through this Website including any change in content provided through this Website;
4. your ability to access and/or use this Website; and
Upon cancellation or termination of your subscription to our Products, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, this Website (or part thereof).
You may cancel your subscription by contacting firstname.lastname@example.org or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after receipt of requests.
There will be no refund of any monies you have paid upon cancellation of your subscription.
4. Availability of Products
The availability and use of Products may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to our Products and/or may terminate your subscription to our Products at any time based on these criteria. You understand that we may refuse to supply you with Products at any time based on these criteria.
All materials on this Website, including but not limited to information, software, photographs, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, audio, images and other materials ("Content"), are protected by copyright and other intellectual property rights under Australian law, international conventions and other laws. You may not distribute, exchange, modify, sell or transmit anything you copy from this Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. You agree to follow all instructions on this Website limiting the way you may use any of the Content. There are a number of proprietary logos, service marks and trade marks found on this Website. By making them available on this Website, Springday is not granting you any licence to utilise those proprietary logos, service marks or trade marks. Any unauthorised use of the Content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes. If you download any Content from this Website, you may not remove any copyright or trade mark notices or other notices that go with it.
6. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use this Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms and Conditions. You understand that only you may use your user account and password and that your subscription to our Products is only valid for your personal, non-commercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Products.
You acknowledge that this Website contains Content that is protected by copyrights, patents, trade marks, trade secrets and/or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is protected under applicable laws and we own the copyright or other property rights in the selection, coordination, arrangement and enhancement of all such Content. All trade marks appearing on this Website are trade marks of their respective owners. Springday is the trade name and the registered trade mark and service mark of Springday. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, reuse, repost, distribute, perform or participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment, is strictly prohibited unless you receive our prior written consent.
7. Privacy and Security
8. Community Standards and Conduct Guidelines
You agree not to use this Website (including any Forums) to do, or attempt to do, any of the following (as to which you agree to accept us as sole arbiter in our absolute discretion):
1. upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, defamatory, invasive of another's privacy, hateful, or racially, ethnically, religiously, sexually or otherwise objectionable;
2. harm, wrongly influence or threaten Children in any way;
3. impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Springday, our Affiliates or any other person or entity, or falsely state or otherwise misrepresent an affiliation with us, any of our Affiliates or any other person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to, on or through this Website;
5. upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment or other contractual relationships or under non-disclosure agreements);
6. upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trade mark, trade secret, moral right, copyright, right of privacy or publicity or other proprietary rights of any party;
7. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising or promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of commercial solicitation or promotion, except in those areas, if any, that are specifically designated for such purpose;
8. upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy, limit, compromise, delay or divert the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Forum (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects other users' ability to use any Forum;
10. interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any law and/or regulations having the force of law;
12. "stalk" or otherwise harass another user of this Website or employee of Springday or of any of our Affiliates;
13. collect or store personal data or attempt to collect or store personal data about other users of this Website; or
14. upload, post, email or otherwise transmit information which purports to be medical, health or weight-loss advice or advice of any other nature whatsoever.
Your privilege to use this Website (including the Forums) and to contribute to discussions on the Wellness Community and Forums depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion and without providing any reasons, your use of, or participation in, any Wellness Community or Forum.
All Wellness Community communications, including, but not limited to, message board communications, are public and not private communications. We reserve the right to monitor any areas of this Website (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose, but you agree we have no obligation or duty to do so and you release us from any such obligation or duty. You acknowledge that, by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any or no reason, we have no obligation to delete Postings that you may find objectionable or offensive.
10. Third Party Products and Services
You may order services, merchandise or other products through this Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products promoted by or available from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as):
1. a party to any such transaction, whether or not we may have received some form of revenue, fee, commission, benefit or other remuneration in connection with such transaction;
2. liable to you or any other person for any costs or damages arising out of or relating to, either directly or indirectly, such transaction; and
3. as required to disclose to you or any other person any of the terms or conditions upon which we are or may become entitled to any such revenue, fee, commission, benefit or remuneration.
11. Health Disclaimer
This Website provides online training programs, expert advice, recipes, tools and content published over the Internet and is intended only to assist users in their personal Regimes. Springday is not a medical organisation and our staff cannot and do not give, or purport to give, you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for medical consultation, evaluation, or treatment by a qualified medical practitioner. You are urged and advised to seek the advice of a medical practitioner before beginning any Regime. This Website is intended for use only by healthy adult individuals. Individuals who who have certain health conditions, including, without limitation, people suffering from cancer, liver disease, kidney disease, renal failure, eating disorders, type 1 diabetes or who are elderly or who have a low body mass index may not be suitable candidates for undertaking any form of Regime and are specifically warned to seek professional medical advice before using this Website.
12. Disclaimers of Warranties
Please note the following disclaimers of warranties that form part of these Terms & Conditions:
1. the products, offerings, content and materials on this Website are provided "as is" and, to the extent permitted by law, without warranties of any kind, either express or implied;
2. we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement in respect of any product, service or publication contained on this Website, or able to be accessed through any link on this Website;
3. neither Springday nor any of our Affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this Website or any function contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the servers that make this Website available, are free of viruses or other harmful components;
4. any product, offering, content and material downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material;
5. neither Springday nor any of our Affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers endorse, recommend, promote, warrant or make any representations regarding the use, benefits, risks or the results of the use of the products, offerings, content and materials in this Website in terms of their correctness, accuracy, reliability, or otherwise;
6. no advice or information, obtained by you from our personnel or through this Website will create any warranty not expressly provided for in these Terms & Conditions; and
7. we disclaim all warranties, express or implied, for any errors or omissions, inaccuracies or incompleteness of any Content, Submission or other material contained on this Website or able to be accessed through any link on this Website.
13. Limitation of Liability
You expressly understand and agree that we and our Affiliates will not be liable for any direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) whatsoever arising out of, or resulting from:
1. the use or the inability to use this Website;
2. the use of any Content or other material on this Website or any website or websites linked to this Website;
3. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this Website;
4. unauthorised access to or alteration of your transmissions or data;
5. statements or conduct of any third party on this Website;
6. any other matter relating to this Website;
You acknowledge that, by undertaking any Regime, you are doing so voluntarily and you are aware that there may be dangers in participating in a Regime. You are aware that your undertaking a Regime may result in serious personal injury, permanent disability or death and/or property loss and damage.
You are aware that the risks mentioned in the preceding paragraph may be caused by your own acts or omissions, the acts or omissions of others participating in a Regime or other risks not known to you or that are not readily foreseeable at the time of using this Website. You further acknowledge that this is a risk warning pursuant to relevant State legislation and the Trade Practices Act 1974 (Cth) and you agree that you assume all risks in connection with your participation in a Regime. Springday (including its respective officers, employees and agents) and its Affiliates are not liable for the breach of any express or implied warranty that any services provided by Springday will be provided with reasonable care and skill.
You agree to participate in any Regime in a manner that is not reckless or dangerous to yourself or other people.
To the maximum extent permitted by law, you hereby agree to release, discharge, waive and forever hold harmless Springday (including its officers, employees, and agents) and its Affiliates against all and any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which you may suffer or sustain in the course of or consequent upon your participation in a Regime, use of your own equipment, or any activity incidental to a Regime, whether direct, consequential or foreseeable and whether caused by accident or any negligent or willful act or omission, breach of contract, breach of statutory duty or otherwise in connection with a Regime.
If you are dissatisfied with any portion of this Website, or with any of these Terms & Conditions, your sole and exclusive remedy is the discontinuation of your use of this Website.
You agree to indemnify, hold harmless and, at our option and in accordance with our instructions and directions, defend us and our Affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers' fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, any misrepresentation or breach of a warranty given by you in accordance with these Terms & Conditions or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
To the maximum extent permitted by law, you agree to indemnify Springday (including its officers, employees and agents) and its Affiliates against any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which you may suffer or sustain in the course of or consequent upon your participation in a Regime, use of your own equipment, or any activity incidental to a Regime, whether, direct, consequential or foreseeable and whether caused by accident or any negligent or willful act or omission, breach of contract, breach of statutory duty or otherwise in connection with a Regime.
You agree that the waivers, releases, discharges and indemnities contained in these Terms and Conditions will operate in favour of Springday (including its officers, employees and agents) and its Affiliates and will so operate whether or not the loss, injury or damage is due to or attributable to any act, neglect or omissions of any one or more of them.
You acknowledge and agree that these Terms and Conditions may be pleaded as a bar to any action, suit or proceeding taken at any time by you against Springday (including its officers, employees and agents) and its Affiliates arising out of or as a consequence of your participation in a Regime, use of your own equipment, or in any activity incidental to a Regime.
15. Governing Law and Forum
These Terms & Conditions are governed by and construed in accordance with the laws of the state of New South Wales and Australia. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions will be commenced only in the state or federal courts located in New South Wales and you hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
16. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use this Website (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or is aware of someone doing so, please contact our designated agent for notice of claims of copyright infringement: The Copyright Infringement Officer, Springday Pty Limited, PO Box 4047, Castlecrag NSW 2068, Australia.