Terms & Conditions

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE

WWW.VITALITYGROUP.COM.AU (THE “WEBSITE”, “THE VITALITY GROUP”). USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

The Website is owned and offered by THE VITALITY GROUP to you, the user, conditioned upon your acceptance without modification of the terms and conditions set forth herein (“Terms of Use”). Access and use of the Website is subject to these Terms of Use and all applicable laws, statutes, and regulations.

The Website has been designed to provide general information about health and wellness and represents the author and or representatives personal views only and to offer the opportunity to receive regular newsletters and updates. The information provided at the Website is not intended to provide medical advice. Users of the Website should be aware that no regulatory agency has deemed the products or any information described herein to be effective or intended to diagnose, treat, cure or prevent any disease. If there is any inconsistency between information provided on this website and any information provided with any product, the latter should be taken as most correct.

Acceptance of conditions

Subscription to the newsletter (newsletter) or any CRM or other program (CRM) (OP) and use of the http://www.vitalitygroup.com.au website (website) are governed by these Terms and Conditions. By purchasing/subscribing to the newsletter, CRM or any program offered through this website you have agreed to these Terms and Conditions.

THE VITALITY GROUP reserves the right to amend these Terms and Conditions at any time. Your continued access to the website and subscription to the newsletter, CRM or any other program will constitute your acceptance of any changes or revisions to the Terms and Conditions.

Your failure to follow these Terms and Conditions may result in suspension or termination of your access to the website and the newsletter, without notice.

No reliance

While THE VITALITY GROUP has endeavoured to ensure the accuracy of the information accessed via the website and distributed via the newsletter, THE VITALITY GROUP does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the website or in the newsletter.

Links to the website

The website and the newsletter may contain links to other websites and may on occasion display content or information from other websites within frames on the website. Websites or pages to which the website or newsletter are linked are for information only and have not been reviewed by THE VITALITY GROUP.  THE VITALITY GROUP has no responsibility for the content of the websites or pages linked or linking to the website or the newsletter.

Editing and deletions

THE VITALITY GROUP reserves the right to review, edit, move or delete any material provided for display or placed on the website or in newsletters, CRM or other programs without notice.

Use of electronic addresses

All electronic addresses of THE VITALITY GROUP and its employees published on the website or in the newsletter, CRM or other programs are for business purposes only. The publication of those electronic addresses should not be taken as consent by THE VITALITY GROUP or employees to receiving unsolicited commercial electronic messages not directly related to the website, the newsletter, CRM or other programs or THE VITALITY GROUP’S business.

Privacy

Your purchase or subscription to the newsletter, CRM or other programs and your access of this website constitutes acceptance of our Privacy Policy. To view our Privacy Policy

Spam

By purchasing THE VITALITY GROUP products on line or subscribing to the newsletter, CRM or other programs you are consenting to receive electronic communications from THE VITALITY GROUP regarding the newsletter, CRM or other programs, products, offers and services provided by THE VITALITY GROUP. You can withdraw your consent by unsubscribing at any time simply by visiting http://www.vitalitygroup.com.au.

Intellectual property

The website, newsletter, CRM and any other programs are the property of THE VITALITY GROUP. The website and the newsletter, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trade marks and other material (Content) are protected by copyright, trade marks and/or other proprietary rights. The Content includes both content owned or controlled by THE VITALITY GROUP and content owned or controlled by third parties and licensed to THE VITALITY GROUP. All individual articles, reports, and other elements making up the website, newsletter, CRM and any other program may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the website and/or newsletter. Except for the purposes of viewing the website, newsletter, CRM and any other program you must not copy, adapt or distribute those materials unless you have first obtained our written consent to do so.

You may not use any of THE VITALITY GROUP’S trade marks, trade names or brands without THE VITALITY GROUP’S prior express written consent and you acknowledge that you have no ownership rights in and to any of those names, brands or marks.

You agree to notify THE VITALITY GROUP in writing promptly upon becoming aware of any unauthorised access to or use of the website, newsletter, CRM or any other program by any party or of any claim that the website, newsletter or any of the contents of the website or newsletter infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

Limit of liability

THE VITALITY GROUP makes no warranties or representation about any content or information on this website, in the newsletter, CRM or any other program and to the extent permitted by law exclude (and where law does not permit an exclusion, limit to the extent permitted by law) all:

warranties and representations about the currency, accuracy, suitability or reliability of any content or information on the website and newsletter; and

liability for any direct, indirect and consequential costs, losses, damages and expenses incurred in any way (including but not limited to that arising from negligence), connected with any use or access to the website or any reliance on information contained on the website, newsletter, CRM and any other program. THE VITALITY GROUP will not be held responsible for Content provided by third parties. THE VITALITY GROUP is also not responsible for the reliability or continued availability of the telephone lines and/or equipment you use to access the website and newsletter.

THE VITALITY GROUP does not warrant that the website, newsletter, CRM or any other program are compatible with your computer equipment or that the website, the newsletter or their servers are free of errors or viruses, worms etc and THE VITALITY GROUP is not liable for any damage you may suffer as a result of such destructive features.

ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE, THE NEWSLETTER, CRM OR ANY OTHER PROGRAM OR THE INFORMATION ON THE WEBSITE OR IN THE NEWSLETTER, CRM OR ANY OTHER PROGRAM OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPETITIONS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE VITALITY GROUP RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

Termination of access to the service

THE VITALITY GROUP has the right to terminate or suspend your subscription to the newsletter and your ability to access the website, for any or no reason, without notice and without liability.

Feedback

While THE VITALITY GROUP is pleased to receive feedback, comments and ideas from visitors to the Website, any information that you submit through the Website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy) Please read the Privacy Policy before submitting personalinformation to THE VITALITY GROUP. Your use of the Website constitutes your acceptance of all the terms of the Privacy Policy. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, you hereby grant THE VITALITY GROUP an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that THE VITALITY GROUP is free to use them for any purpose.

Legalities

This website and the newsletter and their use are governed by the laws of Australia and the State of New South Wales.

In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order or account registration form (the “Registration Data”). If THE VITALITY GROUP suspects that your Registration Data is inaccurate or incomplete, THE VITALITY GROUP may suspend or terminate your account. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If you are a under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Website

You shall indemnify, defend and hold harmless THE VITALITY GROUP, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys’ fees, accounting fees, and expert witness fees arising out of or related to (i) your use of the Website or the Content and (ii) any breach or non-compliance by you of these Terms of Use. THE VITALITY GROUP shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of THE VITALITY GROUP.

THE VITALITY GROUP reserves the right to seek all remedies available at law or in equity for violations of these Terms of Use, including the right to block access from a particular internet address to the Website

Disclaimer

The information and reference materials contained on THE VITALITY GROUP WEBSITE, NEWSLETTERS, CRM AND ANY OTHER PROGRAM are intended solely for the general information of the reader. The information contained is for discussion purposes only and is not intended to diagnose health problems or to take the place of professional medical care. The information contained herein is neither intended to dictate what constitutes reasonable, appropriate or best care for any given health issue, nor is it intended to be used as a substitute for the independent judgement of a physician for any given health issue. The major limitation of informational resources contained herein is the inability to take into account the unique circumstances that define the health issues of any patient. Please consult your health care provider for medical advice.