ABOUT THESE TERMS
CHANGES TO THESE TERMS
We may, from time to time and without notice to you, change or add to Active & Thriving or our website and the information described therein, including these Terms. Changes to these Terms will take effect as soon as they are published. We recommend that you regularly check the Active & Thriving digital platform to ensure that you have read our most recent Terms.
All information and/or content provided on our website is created and published online for informational purposes only. It is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice. We encourage you to seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition. We encourage you to never disregard the advice of a medical professional, or delay in seeking it because of something you have read on using Active & Thriving. If you think you may have a medical emergency, call your doctor, go to the nearest hospital emergency department, or call the emergency services immediately on 000. You acknowledge and agree that If you choose to rely on any information provided by MLHS, you do so solely at your own risk.
We will provide our services to you when your account is registered and activated. You agree to access, use and actively participate in Active & Thriving for at least the term of your subscription, being 52 weeks from the date of registration of your account (Subscription). We will provide our services with due care and skill, and that our services will substantially conform to the services described on Active & Thriving and on our website. We will make all reasonable efforts to make our services available to you subject to:
- scheduled downtime for maintenance, upgrade and other purposes, notice of which will be given to you;
- unavailability or downtime of our website or our services caused by circumstances beyond our reasonable control;
- any reasonable limitations we impose on your access to or use of our services.
We may from time to time change our services, including to introduce new features or functionality or to discontinue existing features or functionality. We will publish details of any changes within Active & Thriving and/or on our website.
You retain ownership of any rights you hold in any images, text, video or other content that you send, or allow to be sent, using Active & Thriving or our website (Your Content). You agree to grant us a worldwide, non-exclusive, irrevocable, perpetual and royalty-free licence to use, reproduce, modify, adapt, publish, create derivative works from, communicate to the public, perform and promote Your Content for any purposes and in any media, including the right to grant sub-licences to any third parties to do these things. You warrant that you are entitled to grant us this license. Unless otherwise indicated, we own or license from third parties all rights in relation to Active & Thriving and our website, including intellectual property rights in any images, text, video or other content displayed in Active & Thriving and on our website (Our Content). You must not reproduce or redistribute any of Our Content unless you have permission directly from us. You must not otherwise use Our Content except to the extent necessary to enable your reasonable use of our services.
Active & Thriving and our website are for your personal use only. You must not modify, copy, distribute, display, publish, create derivative works from or commercially exploit any of Our Content. Any reproduction or redistribution of Our Content may result in civil and/or criminal penalties.
To the maximum extent permitted by law, we are not liable to you or anyone else for any loss, damage or other claim in relation to your use of Active & Thriving or our website, including as a result of any technical issues that limit or prevent such use. While we make all reasonable efforts to ensure the accuracy and completeness of the information on Active & Thriving and our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on Active & Thriving or our website. We are not liable to you or anyone else if the information on Active & Thriving or our website is inaccurate, incomplete or not up-to-date. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of Active & Thriving, our website or a linked website. You must take your own precautions to ensure that whatever you elect to use or download from Active & Thriving or our website is free of viruses or anything else that may interfere with or damage the operations of your computer system. While we make all reasonable efforts to protect the integrity and security of Active & Thriving and our website, you acknowledge that the integrity or security of your personal information may be compromised even where such security measures are adopted and implemented, or where there is a failure by third parties to protect the integrity and security of the personal information provided to them. To the extent permitted by law, we are not liable to you for any loss or damage suffered or incurred by you or any third party as a result of any breach of security which results in unauthorised access to your personal information. To the maximum extent permitted by law, we are not liable for any loss or damage suffered by you or any third party by reason of any interpretation or use of your personal information accessed or provided:
- by us to third parties; or
- by your use of Active & Thriving or our website.
You indemnify us against any liability, loss or damage that we suffer in relation to any breach by you of these Terms or any unlawful, illegal, negligent or tortious act or omission by you in relation to your use of Active & Thriving or our website.
You must not do any act that we would deem to be inappropriate or unlawful, including but not limited to:
- engage in, facilitate or further any illegal conduct, including any act that would constitute a breach of privacy;
- lease, lend, sell, redistribute, sublicense or on-supply Active & Thriving without our prior written permission;
- post, transmit, publish or disseminate material that infringes any third party’s proprietary or intellectual property rights;
- solicit or advertise to other Active & Thriving users for commercial purposes without our permission;
- deliberately or recklessly cause harm to us or to third parties;
- interfere with, disrupt or cause damage to Active & Thriving or our website, or any networks connected to Active & Thriving or our website;
- attempt to gain access to the personal information of another user or another user’s account, or in any way disrupt or interfere with another user’s use or enjoyment of our services;
- introduce any viruses, files or programs to Active & Thriving that limit or destroy the functionality of Active & Thriving or other computer systems;
- post or transmit, or allow to be posted or transmitted, any non-authorised material, including but not limited to material that is in our opinion defamatory, discriminatory against any group or individual, obscene, violent, threatening, pornographic or otherwise morally, socially or legally inappropriate.
We have the right to take down any information you post on Active & Thriving or our website at our sole discretion and without notice.
TERM AND TERMINATION
We will provide our services to you for the term of your Subscription. You will have access to your account for 12 months. At the end of this further term, we will take reasonable steps to close your account and to cease using and delete Your Content within a reasonable time. We may cancel your account at any time without notice for any reason, including if:
- you are in breach of these Terms and the breach cannot be remedied; or
- you are in breach of these Terms and, in the case of a breach which is capable of being remedied, you fail to remedy the breach within 30 days of receipt of written notice of the breach; or
- we cease to provide our services.
You may cancel your account at any time using the settings in Active & Thriving. Upon cancellation of your account, all rights granted to you under these Terms terminate immediately and you must immediately stop accessing and using Active & Thriving and our website. We will take reasonable steps to cease using and delete Your Content within a reasonable time after your account is cancelled. However, cancellation of your account will not affect the rights and licenses you grant to us under these Terms.
JURISDICTION AND GOVERNING LAW
These Terms are governed by the laws in force in the State of Victoria and you submit to the non-exclusive jurisdiction of the courts of the State of Victoria.
If any provision or part of a provision of these Terms is held to be illegal, unenforceable or otherwise invalid, that provision or part will be deemed to be severed from these Terms and the remainder of the agreement between you and us will continue to be in effect. Last updated on 23 December 2019.