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terms and conditions

INTRODUCTION

Welcome to the Alternatively Healthy Platform.

This Platform gives you an opportunity to join a community of girls seeking inspiration, education and empowerment to discover “healthy” beyond perfection.  Owned and run by Asha Holland trading as Alternatively Healthy ABN 38 553 562 512 (Alternatively Healthy, we, us), you can browse the content on this Platform and purchase our products and services, including memberships, access to meet-ups, workshops, blogs and events (Products and Services).

These Terms and Conditions (Terms) govern your use of this Platform, including our Facebook Group or any other services that Alternatively Healthy provides, and form a binding contractual agreement between you as either a user or member and us.

These Terms are important and you should ensure that you read them carefully and contact Alternatively Healthy at hello@alternativelyhealthy.com.au if you have any questions before purchasing our Products and Services.

ACCEPTANCE OF THESE TERMS

1. By accessing, downloading or using the Products and Services offered on our Platform, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

2. We may change all or part of these Terms at any time.  If we do, the new terms and conditions will be posted on this Platform.  Your continued use of the Platform will constitute your acceptance of any changes. If you object to any changes to the Terms, we suggest you stop using our Products and Services.

GENERAL DISCLAIMER

3. All Alternatively Healthy Products and Services are intended for general education and information purposes only.  Nothing on this Platform, or any of the content provided to you by us as part of the Products and Services, purports to offer medical or other professional advice.  Use caution and always seek professional advice before acting on any information that we provide.

4. Alternatively Healthy provides support, guidance and tools designed to inspire, educate and empower you to lead a more fulfilled life.  Any decisions you make in connection with our products or services, and the consequences that flow from such decisions, is your sole responsibility.

5. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

6. Our Platform supports other women through its Facebook groups, Instagram accounts, or other forums (our Online Community).  Access to this Online Community does not mean that Alternatively Healthy endorses anyone’s products and/ or services.  Please be cautious and do your due diligence when interacting with anyone in the Online Community.

BECOMING AN ALTERNATIVELY HEALTHY MEMBER

Registration

7. You can become part of the Alternatively Healthy community by registering as a member in our Online Community (collectively, Members, also referred to as Memberships).

8. You must provide accurate, complete and up-to-date Membership registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

9. We may, at any time, request a form of identification to verify your identity.

10. By registering as a Member, you acknowledge and agree that:

a. You are solely responsible for the protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time ;

b. You will immediately notify us if you become aware of any unauthorised use of your Facebook account;

c. You are solely responsible for all access to and use of this Platform, whether such access or use is by you or any other person; and

d. Any information you provide to us for posting or inclusion in our Online Community, at any time, becomes our property.

11. To the extent that you provide personal information, Alternatively Healthy will treat such information strictly in accordance with its Privacy Policy.

12. You must ensure the security and confidentiality of your registration details.  You must not let any other person use your Password.  You must notify us immediately if they become aware of any unauthorised use of your registered details.

AUTOMATIC RENEWAL OF MEMBERSHIPS

13. Memberships are subject to automatic renewal.  If you wish your membership not to automatically renew, please email us at hello@alternativelyhealthy.com.au with “Cancel Subscription” in the subject line.

14. If we change our Membership prices, we will give 30 days’ written notice.

MEMBERS’ OBLIGATIONS

15. When using our Products and Services, you may be given access to (Online Community) in which you may post comments, photos, messages or other material (Your Content).  When posting Your Content, you agree that you will not post or otherwise publish through this Platform or our Online Community any of the following:

a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.

b. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

c. Information that includes personal or identifying information about another person without that person’s consent.

d. Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity Platforms and internet platforms, except as otherwise expressly permitted by us.

e. Any information or content that impersonates any person or entity.

f. Any material, non-public information about companies without authorisation to do so.

g. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

16. By posting or otherwise publishing Your Content on our Platform or Online Community, you:

a. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;

b. warrant that you have the right to grant the above licences;

c. warrant that Your Content does not breach these Terms; and

d. consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

17. We reserve the right (but have no obligation) to:

a. review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

b. monitor use of the Platform, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

MEMBERS’ CODE OF CONDUCT

18. Our Platform and Online Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.

19. Whilst using this Platform and/or our Online Community, we ask that you not:

a. contact anyone who has asked not to be contacted;

b. collect personal data about other users for commercial or unlawful purposes;

c. infringe other user’s privacy rights;

d. violate the intellectual property of others;

e. post anything that contains software viruses, worms or any other harmful code; or

f. use manual or automated software, devices, script robots, other means or processes to access our Platform or any related data or information.

FINANCIAL TERMS

20. Alternatively Healthy uses Stripe to process payments made through the Platform.  Any credit card details and bank account details you provide are maintained by Stripe, and are not accessible by us.

21. Payment processing services for Memberships are provided by Stripe and are subject to the Stripe Connected Account Agreement [//stripe.com/au/connectaccount/legal], which includes the Stripe Terms of Service [//stripe.com/au/legal] (collectively, the Stripe Services Agreement).

22. By agreeing to these Terms or purchasing a Membership on the Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.

23. Members acknowledge that:

a. once you have selected your Membership, fees will be deducted (using the credit card information you have provided, in accordance with the prices listed on the Platform;

b. it is your sole responsibility to ensure that you have sufficient funds available on the credit card for which you have provided us with details to pay for the Membership, and you agree to indemnify us for any loss or damage suffered as a result of you not having such sufficient funds available;

c. payment will be processed through the Stripe System.

24. Membership fees are in Australian Dollars ($AUD) only.

25. We reserve the right to suspend or terminate any Product or Service, at our discretion, if payment is defaulted.

26. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice.  Failure to make payment by the payment date may lead to suspension of use of our Products and/or Services.

GST

28. Unless stated to be otherwise, charges referred to for any Products or Services via the Platform are stated inclusive of GST.

29. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (Act). Tax Invoice means tax invoice as defined by the Act.

CANCELLATION OF MEMBERSHIP

30. Refunds are not provided for our Products and Services that have been rendered by us, including where you have been given access to Our Content or our Online Community, whether accessed by you or not, unless we are in breach of the Australian Competition and Consumer Act 2010.

31. We reserve our right to decline or cancel any Membership without notice, including any access to our Platform, Online Community or our Products and Services generally at any stage, without reason.  If we decline or cancel your Membership in accordance with this clause, we’ll provide a refund pro rata of fees paid.

32. We reserve the right to terminate your use of the Platform, Online Community or our Products and Services generally if you breach these terms, as determined by us in our sole discretion.  If we terminate in accordance with this clause, we are not obliged to refund any fees paid.

INTELLECTUAL PROPERTY RIGHTS

33. All material on this Platform, in our Online Community or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. You agree not to infringe Alternatively Healthy’s copyright or any other intellectual property rights in Our Content.

34. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it.  You must not copy, adapt, modify, decompile, reverse engineer, prepare derivative works based upon, distribute, licensc, sell, transfer, publicly display or perform, transmit, stream, broadcast or otherwise exploit Our Content.  for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.

35. You acknowledge that you do not acquire any ownership rights by using the Platform or Our Content.

36. The trade marks, logos, and service marks displayed on our Platform are the registered or unregistered trademarks of Alternatively Healthy. The trade marks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Alternatively Healthy, in any manner that is likely to cause confusion with customers, or in any manner that disparages Alternatively Healthy.

37. Nothing contained on this Platform or in our Online Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.

38. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Alternatively Healthy will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

CONFIDENTIALITY

39. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our Products and Services, you agree to respect the same rights of the other users of Alternatively Healthy Products and Services and representatives of Alternatively Healthy.

40. You agree:

a. That any confidential information shared by other members or users of our Platform or any of our representatives is confidential and proprietary and belongs solely and exclusively to the discloser.

b. Not to disclose such information to any other person or use it in any manner other than in discussion with other members or users of the Platform.

c. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.

d. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

e. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of other members and users of the Platform in the strictest of confidence.

LIABILITY

41. You acknowledge that the Platform (like any other online service) may be subject to delays, limitations, hardware or software incompatibility, or other problems inherent in the use of the internet and electronic commerce, and Alternatively Healthy is not responsible for any inability, delay, failure or any damage, loss or expense caused or contributed to by any use or inability to use the Platform, or the Products or Services.

42. The Platform is (to the extent permitted by law) provided strictly on an “as-is” basis. .

43. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded.  Such rights include, but are not limited to, those rights under Australian Consumer Laws.

44. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Platform, Online Community or Our Content.

45. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Platform, Online Community or Our Content even if we have been advised previously of the possibility of such damages and whether or not such damages arise in contract, tort, under statute, in equity or at law.

46. We are not responsible for, and accept no liability with respect to, content uploaded, posted, transmitted or otherwise made available on the Platform by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made content available on the Platform simply by facilitating others to post, transmit or make content available.  Furthermore, we do not endorse any opinion, advice or statement made by any person other than us, including those made by members featured on our Platform or within our Online Community.

47. Alternatively Healthy excludes its liability to the maximum extent possible, and where such loss, or damage or liability cannot be excluded by a law of Australia, is limited, at the option of Alternatively Healthy to:

a. in the case of Products:

i. the cost of replacing the Products;

ii. the cost of obtaining equivalent products; or

iii. the cost of having the Products repaired;

b. in the case of Services:

i. supplying of the Services again;

ii. the cost of having the Services supplied again.

GENERAL

48. These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

49. Our Platform may contain links to other websites not owned or operated by Alternatively Healthy.  We do not accept liability for the availability or content of these external websites.  Your use of any linked websites will be subject to the terms of use contained within each external website and we expressly disclaim any liability arising from access to such external websites.

50. As affiliates of certain products and services we may receive compensation for recommending and promoting products and services linked to from this Platform or via our Online Community.

51. You may not transfer or assign your Membership. We may assign or transfer our obligations under these Terms, provided we give you 4 weeks’ prior written notice.

52. Should a dispute arise between us, we strongly encourages you to contact Alternatively Healthy at hello@alternativelyhealthy.com.au to seek a resolution.  Any reasonable requests will be considered and Alternatively Healthy will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

53. These Terms shall be construed in accordance with and governed by the laws of Western Australia. You consent to the exclusive jurisdiction of the courts in Western Australia to determine any matter or dispute which arises between us.

54. We welcome enquiries or feedback on our Platform. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

These Terms were last updated in March 2019.

EVENT TERMS

‘Event’ includes any type of breakfast, lunch, dinner, cocktail party, workshop, meet-up, presentation or retreat.

1. Alternatively Healthy reserves the right to exclude you from any Event should you, in Alternatively Healthy’s sole determination, become disruptive or in any other way adversely impact others’ enjoyment of the Event.

2. Tickets purchased for Events must be used by you, unless we provide you with our prior written consent to you transfer the ticket to someone else at least 48 hours prior to the Event If you do transfer the ticket, you must email us at hello@alternativelyhealthy.com.au advising the name and email address of the person whom you have transferred the ticket to.  If you do not do this, the transferred ticket may not be valid.

3. Occasionally we may need to cancel an Event.  We will make every effort to reschedule the Event.  However, in the rare and unlikely event of a cancellation without rescheduling of the Event, a full refund will be paid within 10 days of notice of cancellation. Alternatively Healthy will have no further liability to you in respect of a cancellation without rescheduling of the Event.

4. No refunds are granted for Events.

5. Alternatively Healthy owns all intellectual property in the content and material delivered at Events.  You may not reproduce such content for your own commercial use.

6. You understand and acknowledge that Alternatively Healthy and/or its representatives may record any aspect of an Event (Recordings).  Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Alternatively Healthy.

7. You agree to waive any and all legal rights you may have against Alternatively Healthy in respect of Recordings of your participation in the Event and grant to Alternatively Healthy the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.

8. You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.

9. You release, discharge and agree to hold harmless Alternatively Healthy from any and all liability that has or may occur in the making of the Recordings or any subsequent publication of such Recordings.

10. Nothing in these Event Terms purports to exclude our liability under Australian Consumer Law.

11. If you provide personal information at an Event, you acknowledge that you have read, understood and agree to our Privacy Policy.

12. Where our Events are catered, we will do our best to ensure that any specific dietary requirements notified to us are met however we cannot provide any guarantees in this regard

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