Last Updated August 2017
(a) This website is provided by SP Health Co Pty Ltd ABN 73 123 248 046 (SPH).
(b) These terms and conditions (T&Cs) apply in relation to your use of this website.
(d) By accepting these T&Cs, you agree that:
(i) these T&Cs form a binding agreement between you and SPH; and
2. Use of this website
(a) You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access and use this website.
(b) You must not engage in any activity through use of this website to:
(i) advertise, transmit or solicit any commercial messages;
(ii) engage in any illegal, unethical or immoral conduct;
(iii) mine or collect information or data from this website;
(iv) manipulate, damage, interfere with or impair the functionality any of this website;
(v) breach any applicable law or any third party’s rights (including, without limitation, intellectual property rights);
(vi) disrupt, overburden or assist in such disruption or overburdening of any computer server or network;
(vii) harass, abuse, harm, threaten any person or group of persons or incites or is likely to incite any such activity; and/or
(viii) mislead or deceive any person.
3. Health disclaimer
(a) This website provides an online weight check application that provides guidance as to your healthy weight based on the data you input and health data used by us.
(b) The information contained on this website is not intended to be, and does not constitute, medical advice and is in no way intended as a substitute for consulting a medical practitioner in relation to your healthy weight.
(c) SPH is not giving you or purporting to give you medical advice or a diagnosis and nothing contained in this website should be construed as such. Accordingly, you should not rely upon the weight check application to determine whether your weight is healthy for you.
(d) You are urged and advised to seek the advice of a medical practitioner in relation to your healthy weight and before beginning any diet or exercise regime.
(e) This website is intended for use only by healthy adult individuals. Accordingly, individuals under the age of 18 and individuals who are pregnant or who have pre-existing health conditions should refer to their medical practitioner in relation to their healthy weight.
4. Intellectual Property
(a) All intellectual property rights in and to this website (including all virtual items, software, files, concepts and content) and the services provided through it vest in SPH or its licensors.
(b) You acknowledge that you have no right title or interest in or to any aspect of this website or the services provided through it.
(c) Nothing in these T&Cs assigns to SPH any intellectual property rights in or to any content you provide to SPH through the website (Your Content).
(d) You hereby grant to SPH a worldwide, non-exclusive, royalty and licence fee free licence (including the right to sublicense) to access, use and exploit Your Content for the purposes of the conduct by SPH of its business.
(e) You hereby indemnify and release SPH from and against all actions, suits, claims, demands, losses, liabilities, damages, costs and expenses which may be made or brought against or suffered or incurred by SPH as a result of the exercise by SPH rights granted by you under paragraph (d) above.
You acknowledge that:
(a) this website may contain advertising and links to third party products and services;
(b) you are entirely responsible for any fees or obligations you incur with respect to such third parties;
(c) except as expressly set out on this website, SPH makes no warranties or representations in respect of, and do not sponsor or endorse, such third parties or their products and services; and
6. Events outside SPH’s Control
You acknowledge that there are many situations that may affect your enjoyment of this website. Accordingly, to the maximum extent permitted by applicable law SPH has no liability to you whatsoever in relation to any claim arising from:
(a) the actions or omissions of third parties who may provide products and services to you in connection this website; and/or
(b) unforeseen events beyond SPH’s reasonable control (including, without limitation, fire, flood, acts of war or terrorism, acts of God, acts of government, telecommunication failures, civil unrest and accidents).
7. LIMITATION OF LIABILITY AND IDEMNITY
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(i) SPH MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER TO YOU;
(ii) SPH HEREBY EXCLUDES ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WHETHER EXPRESS OR IMPLIED (AND INCLUDING WITHOUT LIMITATION, THOSE IMPLIED BY STATUTE, CUSTOM, LAW OR OTHERWISE);
(iv) SPH WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY CLAIM FOR ANY LOSS OF PROFIT, DATA, GOODWILL OR BUSINESS, FOR INTERRUPTION TO BUSINESS, FOR ANY FAILURE TO REALISE ANTICIPATED SAVINGS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL PUNITIVE OR INCIDENTAL DAMAGES.
(i) IN RELATION TO SERVICES:
A. THE SUPPLY OF THE SERVICES AGAIN;
B. THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN; AND
(ii) IN RELATION TO GOODS:
A. THE REPLACEMENT OF THE GOODS OR THE SUPPLY OR EQUIVALENT GOODS;
B. THE REPAIR OF THE GOODS;
C. THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS; OR
D. THE PAYMENT OF HAVING THE GOODS REPAIRED.
(d) A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise by a party of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
(f) YOU IRREVOCABLY WAIVE YOUR RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF TO RESTRAIN THE OPERATION OF ANY ELEMENT OF THE SERVICES AND YOU AGREE TO LIMIT YOUR CLAIMS AGAINST SPH TO CLAIMS FOR MONETARY DAMAGES.