1. Your acceptance
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:
1.2 You agree to be bound by these Terms when you:
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. Pricing
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:
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.
8.2 Facebook, Twitter, Instagram, YouTube and other third party websites which are linked to the website, are not covered by these terms, and may have their own terms and conditions and privacy policy. If you choose to access these third party linked sites, you do so at your own risk. Well360 is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. Well360 is not responsible for and will not be liable in respect of any incorrect link to an external website.
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.
10. Privacy
10.1 Any personal information submitted by you (whether personal information of you or another individual which you have the necessary consents to provide) to Well360 is subject to and will be handled in accordance with Well360’s Privacy Policy. The Privacy Policy forms part of these Terms and can be found?on our website. You agree that, by using the Website or communicating with Well360, you have read the Privacy Policy, understood its contents and consented to its requirements.
10.2 You must not upload any personal information of another individual to the Website unless you first make them aware of Well360’s Privacy Policy and have their consent to upload such personal information.
11. Indemnity
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:
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:
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.
16. Severability
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.
This Privacy Policy sets out Well360’s commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our website and wellness portal (Site). In this Privacy Policy? we, ?us?or?our? means Well360 pty ltd.
Personal information
The types of personal information we may collect about you include:
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:?
Disclosure of personal information to third parties
We may disclose personal information to:??
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
Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information, including health and biometric information, in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide you with an appropriate service.?
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.?
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.
We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
Cookies and web beacons
We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.
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
Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.
For any questions or notices, please contact our Privacy Officer at:
Email: info@well360.com.au