Product & Application Terms & Conditions

 

1. General

These Terms & Conditions (Terms) contain the terms on which we supply content, products or applications to you (Products or Applications). These Terms govern your use of our Products and Applications including our information modules. Please also see our Terms of Use, which contain the terms of use of our websites, available at http://www.compacthealth.com/ powerofcalm.com and ancillary websites (collectively, the Site).

The Products and Applications are owned by Compact Health Pty Ltd (ABN 34 166 539 180), and the terms “we”, “us”, “our” and “Compact Health” refer to Compact Health Pty Ltd. The terms “you” and “your” refer to users of the Products and Applications (each a User).

The Terms contain warranty disclaimers and other provisions that limit our liability to you. Please read these Terms carefully before using any of our Products or Applications whether you have sourced them from our Site or from a 3rd party provider. Please contact us if you have any questions. You can contact us at admin@powerofcalm.com.

You accept these Terms by purchasing and/or using our Products, Applications, or Site (collectively referred to as our Services). Your purchase and/or use of our Services indicate that you have had sufficient opportunity to access these Terms and contact us, that you have read, accepted and will comply with these Terms and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You accept and are bound by these Terms if you purchase and/or use our Services whether or not you have been introduced to our Services by a third party link or other third party advertising. If you do not agree to these Terms, please do not purchase or use our Services.

2. Basis of Sale

  • These Terms and your order set out the whole agreement between you and us for the supply of the Products and Applications.
  • A contract begins on the date that you make your purchase or use our Products or Applications (whichever is first), and continues unless and until the contract is terminated in accordance with the Terms.
  • By purchasing our Products or Applications, you warrant that you are legally capable of entering into binding contracts; you are at least 18 years old or if you are under 18 years old then you have the consent of your parent or guardian; all registration information you submit is truthful and accurate; you will maintain the accuracy of such information; and your use of the Site, our Products or Applications does not violate any applicable law or regulation.

3. Orders

  • You may order with us as set out on the Application or Site. We may at our discretion accept or reject an order depending on our ability to validate payment for the products.
  • It is your responsibility to check the order details, including the product and pricing, before you complete your order on our Site.
  • There may be products of third parties which may be used in conjunction with our Products and Applications (Third Party Products). Any Third Party Products are not, to the extent permitted by law, our responsibility, and we do not warrant the quality, safety or fitness for purpose of any Third Party Products. We recommend you obtain and read all third party product information, sales terms and conditions and operation manuals before using any Third Party Products.

4. Amendment of Terms

  • The Terms may be amended without notice from time to time in our sole discretion, and will be available on the Site. We will provide you with prior notice, where possible. Your continued use of our Products and Applications following any amendments indicates that you accept the amendments.
  • You should check the Terms regularly, prior to using our Products and Applications, to ensure you are aware of any changes, and only proceed to use our Products and Applications if you accept and will comply with the new Terms. If any modification is unacceptable to you, you can choose to cease to use our Products and Applications. If you are a member, you can terminate this agreement by providing notice to us.

5. Disclaimers

  • Third Party Products disclaimer: To the extent permitted by law, we accept no liability in respect of Third Party Products and give no warranties or endorsement in respect of these. Without limiting the rights and remedies available to consumers under the Australian Consumer Law (ACL), we exclude all implied conditions and warranties and any guarantees in respect of Third Party Products not expressly stated in these Terms.
  • Information disclaimer: The information contained in the Products and Applications is for general information purposes only. The information is provided by Compact Health and while we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products and Applications, for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
  • Not advice disclaimer: Our Site, Products or Applications are not an attempt to practice medicine or provide medical advice. It is not to be used or relied on for any diagnostic or treatment purposes. Use of this Site, Products or Applications does not establish a doctor-patient relationship. They should not be used as a substitute for professional diagnosis and treatment. Any health information in the Site, Products and Applications, whether provided by Compact Health or by contract from outside providers, is provided simply for your convenience. The Site, Products and Applications are intended for general information purposes only. They do not take into account your own personal circumstances. They are not intended to be advice, they are not intended to be relied upon and they are not a substitute for professional medical advice based on your personal circumstances.
  • Not healthcare disclaimer: The Site, Products and Applications may support the relationship between you and your healthcare provider, but are not intended to replace it. They should not be used as a substitute for professional diagnosis and treatment. If you suffer from any health conditions please consult with your health practitioner prior to using the Products and Applications.
  • Use Guidance and Disclaimer: The Applications are designed to be used, sitting down undisturbed. Do not listen to the Applications while you are driving a car or operating machinery, as they may make you feel drowsy or affect your concentration.
  • Cease use disclaimer: While unlikely, it is possible that some people who use the Products or Applications may feel discomfort, unwell or anxious.   These people have a risk of harm. If while using the Products or Applications, you feel discomfort, unwell or unusually anxious at any time, please stop the exercise immediately and speak to your health practitioner for approval to continue, before continuing.
  • Treatment disclaimer: Do not make changes to any current treatments or medications you are using without referring to your health practitioner.
  • No representations and warranties: We are not liable or responsible for any actions taken due to you having used, read or been told about the Site, Products and Applications. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information, other materials and information published on the Site, or in any Products and Applications.

6. Payment

  • The price of our Products or Applications and payment methods are set out at the place of purchase. All transactions on our Site are processed in the currency specified on the Site at the time of transaction
  • In the absence of fraud or mistake, all payments made are final and you shall not have the right to cancel your purchase for any reason and further you agree to satisfy all such payments made, with exception to action taken under the Refund Policy set out below.
  • If you make a payment by credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the purchase price.
  • Nothing prevents us from taking any action necessary to recover any unpaid purchase price. If you fail to pay, your information will be passed on for collection and or legal action. You acknowledge and agree that you are liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If you at any time exceed our payment terms and as a result are passed on for collection and or legal action, we may place a default against you with a credit reporting agency.
  • Our pricing structure or payment methods may be amended from time to time in our sole discretion.

7. Intellectual Property and Copyright

  • Our Products and Applications contain material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Products or Applications.
  • Intellectual Property includes all code, algorithms, copyright, fees, pricing, trade marks, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Compact Health (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; registered and unregistered trademarks and Application marks including goodwill in the business and Products or Applications; trade, business company or organisation names; internet domain names; and Products or Applications content, images and layout.
  • You agree that, as between you and us, we own all intellectual property rights in the Products or Applications, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. We own the copyright which subsists in all creative and literary works displayed on the Site, Products or Applications.
  • Users do not obtain any interest or license in the Intellectual Property without the express written permission of the owner. Users may not do anything which interferes with or breaches those Intellectual Property rights.
  • You must not print, publish, modify, link to or distribute any content from the Site, Products or Applications or any other documentation that we provide to you, unless we have authorised you in writing.
  • You must not breach copyright or intellectual property rights, including but not limited to, that you must not:
  • Republish, copy, distribute, transmit or publicly display material from our Site, Products or Applications, except using social media buttons to share blog content when indicated by the presence of social media share icons on the Site;
  • alter or modify any of the code or the material on the Site, Products or Applications;
  • cause any of the Site, Products or Applications to be framed or embedded in another website;
  • create derivative works from the content of the Site, Products or Applications; or
  • use our Site, Products or Applications for commercial purposes.

8. End User License Agreement

Compact Health grants you a limited, non-exclusive, royalty-free, revocable, non-transferable licence to use the Site, Products or Applications for your personal, non-commercial use, as contemplated by the Site, Products or Applications, in accordance with the Terms, and not to use the Site, Products or Applications in any other way or for any other purpose, apart from local fair dealing legislation.

The Products, Applications and Site are not intended for the user’s commercial use. All other uses, other than personal use, are prohibited without our prior written consent.

The Site, Products and Applications contain and/or embody copyright material, proprietary material and/or other intellectual property of Compact Health and/or its licensors. All right, title and ownership in the Site, Products and Applications remain with Compact Health and/or its licensors, as applicable. The rights to use the Products and Applications are licensed to you and are not being sold to you, and you have no rights in the Products and Applications other than to use it in accordance with this Licence Agreement and our Terms.

9. User Warranties and Conditions

As a condition of your use of the Site, Products or Applications, you warrant that:

  • you are 18 years of age or older or if you are under 18 years old then you have the consent of your parent or guardian; have the legal capacity to enter these Terms and form a binding contract; and that you have read, understood and agree to comply with these Terms, before using our Products and Applications; and
  • you possess the legal authority to enter into the Terms and to use the Site, Products or Applications in accordance with the Terms.

As a condition of your use of our Site, Products or Applications, you agree:

(a)            to abide by the Terms;

(b)            not to provide the Products or Applications to any third party;

(c)            that Compact Health has the right to refuse you any and all current or future use of the Site and

(d)            that Compact Health reserves the right to include or exclude entry to, or remove a User from the Site.

You will not:

  • Interfere with or inhibit any user from using the Products or Applications;
  • Attempt to or tamper with, hinder or modify the Products or Applications, knowingly transmit viruses or other disabling features, or damage or interfere with the Products or Applications, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Products or Applications;
  • use the Products or Applications for any purpose or in any way which is contrary to the Terms or which is unlawful, including but not limited to breaching intellectual property rights;
  • modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Products or Applications; or
  • facilitate or assist another person to do any of the above acts.

We reserve the right to refuse you use of the Products or Applications for any reason whatsoever at our sole discretion.

10. Privacy Policy

We are committed to protecting your privacy. Please read our Privacy Policy, available on our Site, for information including what information we collect, how we store it, how we use it, and the circumstances in which we may disclose it.

11. Security Policy

  • When purchasing from Compact Health, your financial details are not stored by us. You will be forwarded to a 3rd part provider who uses 128-bit SSL (secure sockets layer) encryption technology to complete the transaction before being returned to the Site.
  • User information is stored securely. If we are aware of a breach of security, we will notify affected users and we will cooperate with authorities regarding the breach.

12. Termination

Upon termination of the Terms, Compact Health will have no further obligation to, and will cease to, provide the Products or Applications to you. The accrued rights, obligations and remedies of the Parties are not affected by the termination of the Terms.

13. Refund Policy

  • Our Products and Applications to consumers come with consumer guarantees under applicable local consumer law that cannot be excluded.
  • If a Product or Application to a consumer fails to meet one or more of the consumer guarantees, you are entitled to a remedy. If the problem is minor and can be fixed, this may be fixing a minor problem, a refund, a further Application to rectify the problem, a replacement product, and in some circumstances compensation for consequential loss. If the problem ismajor or cannot be fixed, a consumer can choose to obtain a full refund, a replacement product, or seek compensation for the difference between the value of our Products and Applications provided compared to the price paid.
  • To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and required under applicable local consumer law.
  • Our maximum liability to you or any third party is limited to the cost of the Application or Product that you have purchased.

14. Limitation of Liability

  • To the full extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and applicable local consumer law.
  • The Site, Products and Applications are provided on an ‘as is’ basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Site, Products and Applications. We assume no liability or responsibility for any errors or omissions in the content of the Site, Products and Applications, any failures, delays, or interruptions in the provision of the Products and Applications. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Site, Products or Applications to the broadest extent permitted by law.  We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Site or in the Products and Applications.  We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Site, Products and Applications.  We make no warranties or representations that your use of content and information posted on this Site and in the Products and Applications will not infringe rights of third parties.
  • As a condition of using the Site, Products or Applications, and in consideration of the Products and Applications provided by us, we exclude and you agree that we will not be liable to you or any third party for any direct, indirect, incidental, special, incidental, exemplary, punitive, or consequential damages, loss of profits, loss of earnings, loss of business opportunities, damages, expense, or costs, under any legal theory including without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages, but including those resulting directly or indirectly from, or otherwise arising in connection with:
    • the use of the Site, Products or Applications by you, including but not limited to damages resulting from or arising from your reliance on the Site, Products or Applications, or the interruptions, errors, defects, delays in operation or other conduct by third parties, or any failure of performance of the site;
    • the content of any Product, Application, or provider mentioned or recommended therein;
    • the breach, or alleged breach, of any warranty, express or implied, relating to any transaction; or
    • government restriction, strikes, war, any natural disaster or force majeure, or any other condition beyond our reasonable control.
  • You agree that we shall not be liable for any damages arising from any interruption, suspension or termination of the Site.
  • If, despite the limitations above, Compact Health is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then to the maximum extent permitted by law the liability of the relevant Compact Health company will in no event exceed, the cost of the Application or Product that you have purchased
  • The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Compact Health.

15. Disclaimer

We do not warrant that our Products or Applications will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site, Products or Applications will operate on a continuous basis or be available at any time.

Due to the nature of our Application, it is not possible to guarantee, and we do not warrant that the Site, Products or Applications will be free of interruption or free from intrusion or hacking by third parties.

16. Indemnity

  • By using the Site, Products or Applications, you agree to defend and indemnify and hold us (and our related bodies corporate, officers, directors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
    • your use of or access to the Site, Products or Applications;
    • any breach by you of these Terms;
    • any wilful, unlawful or negligent act or omission by you; and
    • any violation by you of any applicable laws or the rights of any third party.
  • This defence and indemnification obligation will survive these Terms and your use of the Site, Products or Applications. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

17. Breach

  • You may only use the Site, Products or Applications for lawful purposes and in a manner consistent with the nature and purpose of the Site, Products or Applications. By using the Site, Products or Applications, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site, Products or Applications.
  • If you breach the Terms, we reserve the right to block you from the Site, Products or Applications, and to enforce our rights against you.
  • If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.

18. General

Enforceability: If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.

Termination: The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.

Assignment: We may transfer our rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

Entire Agreement and Understanding: In respect of the subject matter of the Terms, the Terms contain the entire understanding between the Parties. All previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the Parties has relied entirely on its own enquiries before entering into the Terms.

Jurisdiction: Your use of the Site, Products or Applications and any dispute arising out of your use of it is subject to the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the jurisdiction of the Courts of New South Wales, Australia, for determining any dispute concerning the Terms.

General: If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

Contact details and notices:

Compact Health Pty Ltd ABN 34 166 539 180

Email: admin@powerofcalm.com