1.1 These are the terms on which Well360 Pty Ltd t/a Well360 (hereby referred to as ‘Well360’) permits users (referred to as you or your) to:
access and use the Well360 website (well360.com.au) and other domains related to Well360’s services
communicate with Well360;
review information about Well360 products and services or register for Well360’s online platform through the Website;
view and interact with any content, information, communications, advice, text or other material provided by Well360 (Well360 Content)or any User Content (defined in clause 11.1)
1.2 You agree to be bound by these Terms when you:
conduct transactions through this Website; or
use, browse or access any part of the Website
1.3 Well360 may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms. If you access this Website by logging into your Account, Well360 notify you of the updated Terms the next time you log in.
2.1 All currency references and transactions are processed in Australian Dollars (AUD).
2.2 Advertised prices are exclusive of goods and services tax (if applicable). In all other respects, prices are exclusive of taxes, duties and charges imposed or levied in Australia in connection with the supply of goods or services.
3. Using Well360 services
You understand that the availability of Well360 various services and online wellbeing programs on the website may change from time to time.
4. Changes to the Website
The website is subject to change at any time without notice and may contain errors.
5. Well360 Content
5.1 The website is owned and operated by or on behalf of Well360.
5.2 The Well360 content on the website is for general information and promotional purposes only. Well360 does not verify or make any representations as to any third party products or services described or referred to on the website. Any use of the Well360 content by another person or organisation is at your own risk.
5.3 The Well360 content on the website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Well360 content on the website is not an endorsement of any organisation, product, service or advice.
5.4 All intellectual property rights, including copyright, in the website and Well360 content are owned or licensed by Well360 or any of its related entities. You must not copy, modify or transmit any part of the website or Well360 content.
5.5 The website contains trademarks, logos and trade names of Well360 or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the Website.
5.6 Well360 grants you a non-exclusive and non-transferable licence to use the Website for your own personal use, subject to the restrictions specified in clause 10 and elsewhere in these terms. It is not to be otherwise used for commercial exploitation.
5.7 If you have a complaint regarding any Well360 content and User content, Well360’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Well360 content or user content.
6. No provision of medical advice
6.1 The website and Well360 content made available through the website offers health, fitness and nutritional information, but are designed for educational purposes only. You should always consult a medical professional if you have any concerns or questions about your health, and you should consider whether the information is suitable for your personal needs and circumstances. You should not disregard, avoid or delay obtaining medical or health-related advice from your health-care professional because of something you may have read on the Website.
6.2 The nutritional information available on the website may be obtained or compiled from various third party sources and is not a substitute or replacement for professional medical advice. Well360 or any other provider of information does not warrant that the information is accurate.
6.3 Whilst advancements and developments in medical research may affect the health, fitness and nutritional information contained in the Website, Well360 content or services made available through the Website, Well360 do not guarantee that such information will always include the latest or most recent findings or developments.
6.4 Any reliance or use of any information provided by or contained in the website, Well360 content or services made available through the website is solely at your own risk.
6.5 Experiences shared by participants in Well360’s services as testimonials on the Website are the thoughts and feelings of these individuals and your individual experiences or results may vary depending on unique circumstances.
7. Prohibited uses
You agree that in accessing and using the website, you will not engage or attempt to engage in any activities that:
download (other than page caching) or modify the website or any portion of the website;
impersonate or falsely claim to represent a person or organisation;
are commercial, including selling, marketing, advertising or promoting goods or services;
frame the website without Well360’s express written permission;
bypass (or attempt to bypass) any security mechanisms imposed by the website;
post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, threatening, discriminatory, harassing, abusive, offensive, racially or sexually vilifying, indecent or unlawful material or information of any kind, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
exploits the website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, spam or any other materials that are contrary to Well360 commercial or lawful interests);
provides access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
deletes or alters or attempts to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;
knowingly posts or transmits or permits the posting or transmission of any material, which contains a computer virus or other harmful data, code or material; or
post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.
8. Links and advertisements
8.1 The website may contain links to other websites. Well360 have not reviewed all of the third party websites linked on the website and are not responsible for and will not be liable in respect of their content or accuracy. Well360 provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.
9. Access and communication
9.1 Subject to the consumer guarantees provided for, Well360 does not warrant that you will have continuous access to the Website.
9.2 Well360 will not be liable if the website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
9.3 Well360 does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
9.4 Whilst Well360 takes reasonable precautions to protect information transmitted via the Website, Well360 cannot and does not guarantee the security or confidentiality of these communications or the security of the website.
9.5 Well360 does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
You will fully indemnify Well360 in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
any breach of these terms by you;
your use of the website; or
your communications with Well360.
12. Warranties, consumer guarantees and limitation of liability
12.1 Any representation, warranty, condition, guarantee or undertaking that would be implied in these terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
12.2 Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
12.3 Except as required by the ACL, the liability of Well360 for a breach of a non-excludable guarantee referred to is limited, at Well360’s option, to:
in the case of goods supplied or offered by Well360, any one or more of the following:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; or
in the case of services supplied or offered by us:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
12.4 Subject to your rights under the ACL, Well360 will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the website, the Well360 content, all links to or from the website or the goods and services advertised or referred to on the website.
12.5 Subject to this clause and your rights under the ACL, the maximum aggregate liability of Well360 for all proven losses, damages and claims arising out of or in connection with these terms or a supply under these terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
13. Termination of your access to the Website
Well360 may at any time immediately suspend or terminate your access (including restricting access) to the website or any feature of the website for any reason (including due to your breach or alleged breach of these terms) in its sole discretion and without prior notice and without refund. Any indemnities given by you and any limitations of Well360 liability survive such termination.
14. Jurisdiction and law
These terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
15. International Use
Well360 make no representation or warranty that any competition, offering or content accessible through the website is appropriate or available for use in locations outside Australia or New Zealand. If you choose to access the website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the website from any location where doing so would be illegal.
Each provision of these terms is severable from the others and no severance of a provision will affect any other provision.
17. Contacting Well360
If you have questions about the website or these terms, please contact Well360 by clicking on the “Contact Us” button at the bottom of any page on the Website, and following the instructions.
The types of personal information we may collect about you include:
your contact details, including email address, mailing address, street address, telephone number and next of kin;
your date of birth;
your demographic information; information you provide to us through customer surveys or feedback;
details of products and services we have provided to you and/or that you have enquired about, and our response to you;
information about your access and use of our wellbeing application; and
any other personal information requested by us and/or provided by you or a third party.
We may collect these types of personal information directly from you or from third parties such as your employer or funding body.
Collection and use of personal information
We may collect, hold, use and disclose personal information for the following purposes:
to enable you to access and use our Site and associated applications;
to contact and communicate with you;
for internal record keeping and administrative purposes;
for analytics, market research and business development, including to operate and improve our Site and associated applications;
for the purposes of research and analysis to evaluate and improve our existing products and services;
for advertising and marketing, including to send you promotional information about our products and services; and
to comply with our legal obligations and resolve any disputes that we may have.
Disclosure of personal information to third parties
We may disclose personal information to:
third party service providers for the purpose of enabling them to provide their services, including health professionals and payment systems operators;
our employees, contractors and/or related entities;
our existing or potential agents or business partners;
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
monitor, evaluate, plan and improve the services we provide. We will only use de-identified information (information that does not contain any personal details that may reasonably identify you) for these purposes; and
provide third parties (such as universities, insurers, government or regulatory organisations) with de-identified health information. Before any health information is provided to a third party it is de-identified, that is, the name and address of the individual and any other information that could otherwise allow an individual to be identified, is removed from the health information.
How we treat personal information that is also sensitive information
Sensitive information is a subset of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to health or biometric information.
Valion Health requires consent to collect personal information relating to your health or biometric information in order to provide effective service.
By providing us with sensitive information, you consent for use of this information by Well360 employees, contractors and/or related entities for the purpose of providing your service.
Sensitive information will not be shared with external parties without obtaining prior consent.
Your rights and controlling your personal information
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information, you may change your mind at any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information. In certain circumstances, as set out in the Privacy Act 1988 (Cth), we may refuse to provide you with personal information that we hold about you.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.
Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
Cookies and web beacons
We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
Links to other websites
For any questions or notices, please contact our Privacy Officer at: Email: firstname.lastname@example.org