Updated: 2024
1. About the Website
(a) Welcome to https://livedinwellness.com (Website). The Website provides health and wellbeing information and resources (Services) for general informational purposes only. This website does not and will not constitute the practice of any professional healthcare services, including the provision of medical advice. No patient relationship is formed with the user. The use of the information and the materials provided by this website is at the user's own risk. The content on this website is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
(b) The Website is operated by Momerly Pty Ltd(ACN 661316230). Access to and use of the Website, or any of its associated Products or Services, is provided by Momerly Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
(c) Momerly Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Momerly Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
(d) These Terms, together with any other policy in relation to the supply or return of goods that is made available on the website from time to time, form the whole of the agreement between you and Lived in Wellness in respect to the use of the website and any purchase of goods and/or services facilitated by Lived in Wellness through the website.
(e) Your use of the website indicates your acceptance of these Terms and any other applicable policy that we may provide to you or published on this website. These Terms will otherwise supersede and replace any subsequent Terms or Conditions provided by you or on your behalf to us in connection with an order for Goods and/or Services you make through the website whether or not those terms or conditions are signed by Lived in Wellness.
(f) Lived in Wellness reserves the right to make updates/changes to this website and these Terms at any point in time. By ordering or registering on this website, you approve for us to add your contact details to our database and use them to contact you regarding your Order, shipping and other products/services and/or promotions and marketing activities. You have the right to be removed from our subscriber list by contacting us.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website.
3. Copyright and Intellectual Property
(a) The Website, the content and all of the related products of Momerly Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Momerly Pty Ltd or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Momerly Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Momerly Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Momerly Pty Ltd.
(c) Momerly Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(d) You may not, without the prior written permission of Momerly Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
4. Privacy
Momerly Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Momerly Pty Ltd's Privacy Policy, which is available on the Website.
5. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause 5, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Momerly Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Momerly Pty Ltd make any express or implied representation or warranty about the content or any products or content (including the products or content of Momerly Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the content or any of the products of Momerly Pty Ltd; and
(iv) the content or operation in respect to links which are provided for your convenience.
(v) The website is for your personal use unless otherwise approved by Lived in Wellness. You are free to browse the website to learn more about what we share on the website.
(vi) Whether or not you register for an account, you must not (without our written permission):
- Restrict or stop other users from using the website
- Reverse engineer, disassemble or attempt to derive the source code of the website
- Access data of the website that is not intended for you or which you have not been authorised to access or attempt to obtain goods/services which you are not entitled to
- Copy, re-distribute, display, re-produce, publish content outside copyright laws or without permission from Lived in Wellness.
(vii) This website provides information for entertainment and/or awareness purposes. All information in the form of advice should be referred to your health professional and Lived in Wellness does not hold any accountability in terms of application of any advice and/or information presented on this website to users.
(viii) Lived in Wellness does not warrant the content contained in or accessible through the website is accurate, suitable for your purposes and/or without errors, omissions, viruses. Lived in Wellness does not guarantee continuous and/or uninterrupted or secure access to the website. You agree that accessing the website may be interrupted outside the control of Lived in Wellness.
6. Limitation of liability
(a) Momerly Pty Ltd's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
(b) You expressly understand and agree that Momerly Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) You acknowledge and agree that Momerly Pty Ltd holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
7. Termination of Contract
(a) If you want to terminate the Terms, you may do so by providing Momerly Pty Ltd with 28 days' notice of your intention to terminate by sending notice of your intention to terminate to Momerly Pty Ltd via the 'Contact Us' link on our homepage.
(b) Momerly Pty Ltd may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Momerly Pty Ltd is required to do so by law;
(iii) Momerly Pty Ltd is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(iv) the provision of the Services to you by Momerly Pty Ltd, is in the opinion of Momerly Pty Ltd, no longer commercially viable.
(c) Subject to local applicable laws, Momerly Pty Ltd reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Momerly Pty Ltd's name or reputation or violates the rights of those of another party.
(d) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Momerly Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
8. Indemnity
You agree to indemnify Momerly Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the
Website or attempts to do so; and/or
(c) any breach of the Terms.
9. Dispute Resolution
9.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
9.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
9.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, Australia.
9. 4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
9.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
10. Venue and Jurisdiction
The Services offered by Momerly Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
11. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
13. Account Management
There are some aspects to the website that may require users to create a user account. In this instance, the user (you) are responsible for your use and interactions with the website and must not give your account details to anyone.
You agree and understand that you are responsible and accountable for maintaining the confidentiality of your password.
If someone else has access to your website details then you will be held liable and accountable for the use of the website by that person. If you believe that your account has been accessed by an unauthorised user, it will be your responsibility to ensure your account details are updated accordingly and notify Lived in Wellness immediately for any security/fraudulent activity. Lived in Wellness will not be liable for any loss you may suffer as a result of unauthorised access to your user account; you will be held liable for any loss Lived in Wellness suffer (with the exception of exceptional circumstances outside your control).
Lived in Wellness may suspend or terminate your account if you have breached any part of these Terms and Conditions of use at any point in time or if you have committed a serious breach at Lived in Wellness' discretion.
14. Content
You agree and understand that all information with the exception of the User's generated content, where information may include files, text, software, images and other forms of media is the intellectual property of Lived in Wellness. Unless indicated.
You understand that by using the website, you may be subjected to content that you may find offensive, inappropriate or in disagreement with and as such, you agree to use this website at your own risk.
You agree that user content generated or created by you submitted through the website will be available to Lived in Wellness' discretion for how it is subsequently used, presented and shared in line with our Privacy Policy and legislation.
You agree not to generate user content that is defamatory, fraudulent, misleading, unlawful, threatening, harmful, intimidating, harassing, abusive, vulgar, disrespectful, violent; abuses someone else's rights; impersonates a person or entity; contains spam, viruses, and/or other harmful digital code to alter or limit the functionality of the intent of this website.
15. Affiliate Disclaimer
Some of the sections of this site will allow you to purchase different products and services online provided by other merchants, and not us. Some of the links that we post on our site are “affiliate links.” This means if you click on the link and purchase the item, we will receive an affiliate commission.
We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. In addition, a merchant will likely have privacy and data collection practices that are different from ours. If you make a purchase from a merchant on their site or on a site that we have posted a link to, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your name, e-mail address, street address, telephone number, and credit card number, may be collected the merchant and us. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.