Website Terms of Use
Site disclaimer
Always consult your health care professional before commencing an exercise or wellness program to ensure it is right for you and your health needs. The content in this program should not be considered medical advice and is not intended as medical advice.
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Website Terms of Use
These Terms of Use (“Terms“) govern your use of our website located at https://www.dawncomplete.org.au/ (including any subdomains and subdirectories and the Portal as defined below) (“Site“) and form a binding contractual agreement between the user of the Site (“you”, “your”) and University of Technology Sydney, ABN 77 257 686 961 (“us”, “our”, “we” or UTS”).
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
- Licence to use Site
- We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.
- You may access and use the Site and content therein in the normal manner for your own personal, non-commercial use. Additional terms relating to access and use of content on parts of the Site accessible only via registration for the Portal are as set out in clause 2 below.
- You must not add any content to the Site:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or the Site, into disrepute; or
- that infringes the intellectual property or other rights of any person.
- The Site may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
- You acknowledge and agree that we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion.
- Portal
- Certain materials are accessible only by registered users of the Site via a portal (the “Portal”). You may apply to register to use the Portal and content therein by clicking the portal registration button displayed on the Site.
- When we have received your application, we will allocate a username and password to you and notify details to the email address you provide when registering.
- We reserve the right to decline to allocate user details to any user we reasonably believe is in breach of these Terms or would be in breach if such access were granted. Additionally we may suspend or terminate your access to the Portal at any time if we reasonably believe you are in breach of these Terms or would be in breach if such access were not suspended or terminated.
- Intellectual Property Rights
- Nothing in these Terms constitutes a transfer of any intellectual property rights in relation to the Site or any content appearing therein. You acknowledge and agree that all such intellectual property rights remain vested in UTS and/or its licensors.
- By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- Liability
- To the fullest extent permitted by law:
- UTS excludes all warranties as to availability or performance of the Site or any part thereof;
- UTS shall not be liable for any loss, damage, cost or expense (“Loss”) suffered or incurred by you arising from your use of the Site or any materials therein;
- Where we are unable to exclude our liability for Loss in accordance with clause 4.1(b) of these Terms, our total aggregate liability to you for all Loss arising in connection with your use of the Site and any materials therein shall not exceed $100 (one hundred dollars); and
- In no event will UTS or its related entities, employees or representatives be liable to you or any other person for Loss not arising as a natural, foreseeable and direct consequence of our acts or omissions.
- These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.
- To the fullest extent permitted by law:
- Professional advice
- You acknowledge and agree that:
- the materials and information made available on the Site are for general information purposes only and are not and should not under any circumstances be construed as advice, whether medical or otherwise; and
- you should consult a qualified health professional for any advice or other medical needs; and
- to the fullest extent permitted by law, neither UTS nor any of its related entities, employees or representatives be liable for any Loss arising from your reliance on any information appearing on any part of the Site.
- You acknowledge and agree that:
- General
- You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
- If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- These Terms are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales and courts with jurisdiction to hear appeals from those courts.