There are two ways to subscribe and use My Health Story:

App & Website Terms & Conditions

These terms and conditions are the contract between you and My health Story (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.

We are My Health Story a company registered in Australia, 613511363.

Our address is 81 Hesse Street, Queenscliff Victoria 3225 Australia

You are: Anyone who uses Our Website or buys from us.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the services immediately.

These are the agreed terms:

1.            Definitions

2.            Interpretation

In this agreement unless the context otherwise requires:

• a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
• a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
• in the context of permission, “may not” in connection with an action of yours, means “must not”.
• the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
• any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
• a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
• these terms and conditions apply to all supplies of Services by us. They prevail over any terms proposed by you.
• this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3.            Basis of Contract

• When you buy a Service, you are in fact buying a Licence to use that Service for one year, subject to the terms of this agreement.
• Any continuation of your Licence by us or by you after the expiry of one year is a new contract under the terms then Posted on My Health Story. Your continued use of our Service after that shall be deemed acceptance by you of the changed Service, system and/or terms.
• If at any time the Service becomes unavailable, we will immediately refund any money you have paid.
• In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of a Service given on My Health Story.
• You acknowledge that you understand exactly what is included in a Service and you are satisfied that the Service you have selected is suitable and satisfactory for your requirements.
• The contract between us comes into existence when we receive payment from you for a subscription.
• Service, at any time. If we do:
  • The change will take effect when we Post it on My Health Story.
  • We will provide notice of the change via email. If you do not accept the change, we will refund the money you have paid for the Service to date.
  • If you make any payment for Services or Services in the future, you will do so under the terms Posted on My Health Story at that time.

4.            The Licence

• Subject to the terms of this agreement, we grant to you a limited Licence to use a Service for your personal or business use. The Licence is non-exclusive, non-transferable and royalty free.
• The Licence is for the specific period for which you have bought it. The Licence expires at the end of that period if not renewed. Expiry cannot remove or reduce any claim that either of us may have against the other by the day before expiry.
• If you have bought a single-user Licence, you may use it on more than one
• You may not copy a Service except for the purpose of system maintenance, nor may you transfer it nor allow any other person to use it.

5.            Your account and personal information

• When you visit My Health Story, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
• You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
• You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

6.            The price

• The price payable for a subscription is clearly set out on Our Website.
• The price charged for any subscription may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
• The price of a subscription may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy that Service.
• Prices are inclusive of any applicable goods and services tax or other sales tax.
• All monies paid by you to us are non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.

7.            Renewal payments

• At least eight weeks before expiry of the period for which you have paid, we shall send you a message to your last known email address to tell you that your Licence to use a Service is shortly to expire and to invite you to renew. An invoice for the new period will be included.
• You may cancel ongoing provision of a Service at any time on giving us 21 clear days notice, by email through Our Website. No refund will be offered for the remaining time of the subscription period.
• At expiry of your subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your subscription Licence for a further twelve months by sending you an email message.
• If you have made payment in some way other than by credit card, the Licence will be renewed only if you make the appropriate payment before the expiry of your previous period.
• If we change the nature or provision of a subscription, you may terminate this contract and we will refund to you any unexpired portion of your cost.
• If a change we make in the provision of a subscription, involves action on your part, and you do not take that action, we are entitled to terminate provision to you without notice.

8.            Foreign taxes, duties and import restrictions

• If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
• You are responsible for purchasing a Service which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

9.            Security of your credit card

We take care to make My Health Story safe for you to use.

• Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

10.       How we handle your Content

• Our privacy policy is strong and precise. It complies fully with current privacy law which is at https://myhealthstory.com.au/privacy
• Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
• You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
• You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
• Please notify us of any security breach or unauthorised use of your account.

11.       Restrictions on what you may Post to Our Website

We invite you to Post Content to My Health Story in several ways and for different purposes. We have to regulate your use of My Health Story to protect our business and our staff, to protect other users of My Health Story and to comply with the law. These provisions apply to all users of My Health Story.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever way we can.

You agree that you will not use or allow anyone else to use My Health Story to Post Content or undertake any activity which is or may:

• be unlawful, or tend to incite another person to commit a crime;
• be obscene, offensive, threatening, violent, malicious or defamatory;
• be sexually explicit or pornographic;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
• request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
• be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
• include anything other than words (i.e. you will not include any symbols or photographs) except for photographs relating to your medical condition (eg Scans, images, results, files, etc);
• facilitate the provision of unauthorised copies of another person’s copyright work;
• link to any of the material specified in this paragraph;
• Post excessive or repeated off-topic messages to any forum or group;

12.       Removal of offensive Content

• For the avoidance of doubt, this paragraph is addressed to any person who comes on My Health Story for any purpose.
• We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
• If you are offended by any Content, the following procedure applies:
  • your claim or complaint must be submitted to us in the form available on My Health Story , or contain the same information as that requested in our form. It must be sent to us by post or email.
  • we shall remove the offending Content as soon as we are reasonably able;
  • after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
  • we may re-instate the Content about which you have complained or not.
• In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
• You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

13.       Security of Our Website

• If you violate My Health Story we shall take legal action against you.
• You now agree that you will not, and will not allow any other person to:
  • modify, copy, or cause damage or unintended effect to any portion of My Health Story, or any software used within it.
  • link to My Health Story in any way that would cause the appearance or presentation of My Health Story to be different from what would be seen by a user who accessed My Health Story by typing the URL into a standard browser;
  • download any part of My Health Story, without our express written consent;
  • collect or use any service listings, descriptions, or prices;
  • collect or use any information obtained from or about My Health Story or the Content except as intended by this agreement;
  • aggregate, copy or duplicate in any manner any of the Content or information available from My Health Story, other than as permitted by this agreement or as is reasonably necessary for your use of the Services.
• Despite the above terms, we now grant a licence to you to:
  • create a hyperlink to My Health Story for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
  • you may copy the text of any page for your personal use in connection with the purpose of My Health Story or a Service we provide.

14.       Interruption to our Service

• If it is necessary for us to interrupt our Service, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
• You acknowledge that our Service may also be interrupted for many reasons beyond our control.
• You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to our Service.

15.       Intellectual Property

• We will defend our Intellectual Property rights in all countries.
• Except as set out below, you may not copy, modify, publish, transmit, or sell, create derivative works from, distribute, perform, display, or in any way exploit any of our Intellectual Property or that owned by any third party and accessible to you via My Health Story.
• You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.

You agree that at all times you will:

• not cause or permit anything which may damage or endanger our title to any of our Intellectual Property;
• notify us of any suspected infringement of the Intellectual Property;
• indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
• on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by the Company in writing;
• not use any name or mark similar to or capable of being confused with any name or mark of ours;
• so far as concerns a software Service provided or made accessible by us to you, you will not:
  • copy, or make any change to any part of its code;
  • use it in any way not anticipated by this agreement;
  • give access to it to any other person than you, the licensee in this agreement;
  • in any way provide any information about it to any other person or generally.

16.       Disclaimers and limitation of liability

• The law differs from one country to another. This paragraph applies so far as the applicable law allows.
• All implied conditions, warranties and terms are excluded from this agreement.
• We or our suppliers may make improvements or changes to Our Website, the Content, or to any Service, at any time and without advance notice.
• You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
• My Health Story contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
• We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from My Health Story.
• We accept no responsibility for:
  • malfunction in any hardware of yours;
  • malfunction in any Service provided by us unless you can prove that it was defective when you received it from us;
  • the provision or failure to provide any firewall;
• We shall not be liable to you for any loss or expense which is:
  • indirect or consequential loss; or
  • economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
• You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Service concerned.
• Our total liability under this Agreement, shall not exceed the sum of one year’s subscription.
• This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
• Nothing in this agreement excludes liability for a party’s fraud.

17.       You indemnify us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

• your failure to comply with the law of any country;
• your breach of this agreement;
• any act, neglect or default by any agent, employee, licensee or customer of yours;
• a contractual claim arising from your use of a Service;

and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $ 100.00 per hour without further proof.

18.       Miscellaneous matters

• You undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
• The schedules, if any, to this agreement are part of the agreement and have the same force and effect.
• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
• If you are in breach of any term of this agreement, we may:
  • publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
  • terminate your account and refuse access to My Health Story;
  • issue a claim in any court.
• Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
• Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

• In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
• So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
• Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
• In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
• The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria and you agree that any dispute arising from it shall be litigated only in that State.

Affiliates

Affiliate terms and conditions of My Health Train at myhealthstory.com.au

We are: My Health Train Pty Ltd, company registered in Australia, ACN number 613511363
Our address is: PO Box 320 Queenscliff Vic 3225
Our Website is at: myhealthstory.com.au

You are:

any person who signs up to be an Affiliate; or
any person with whom we make an arrangement to pay for sales introduced by you.

These terms and conditions regulate the business relationship between you and us. If you sign up as an Affiliate, you agree to be bound by them.

These are the agreed terms

Definitions

Interpretation

In this agreement unless the context otherwise requires:

• a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
• any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
• except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
• in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
• the headings to the paragraphs to this agreement do not affect the interpretation.
• a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
• in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated AUD$100 per hour.
• this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

Entire agreement

• This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
• Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

Relationship of parties

• This agreement does not create a partnership or agency or the relationship of employer and employee, or other relationship between any of the parties, other than the contractual relationship expressly provided for.
• Neither party shall have, nor represent that it has, any authority to make any commitment on the other party’s behalf.

Applicable values

• The Commission rate is 30% flat rate (AUD$14.70) on full subscription, for example:
  • AUD$49 (including tax) for subscribers; and
• The Commission Period is a one-off payment for every 12 month subscription paid in full.
• Pay Day is within 30 days after our choice of:
  • full payment of subscription; or
  • the 30 day trial period; and/or
  • 30 day guarantee period.

Our contract

• We will pay you Commission on each subscription paid from myhealthstory.com.au from a Paid Subscriber.
• We will pay you Commission on each subscription paid from myhealthstory.com.au by a Paid Subscriber who registers with your unique affiliate link.
• You register as an Affiliate by purchasing an Affiliate Subscription. By confirming your registration on that form you agree to be bound by all the terms and conditions set out in this agreement.
• This agreement covers only our Affiliate programme. When viewing or using Our Website you are bound by the same terms and conditions as any other Visitor.

Commission calculation and payment

• Commission is calculated at a flat rate on either Australian or international subscription price.
• Commission is calculated and paid in Australian dollars. The rate of exchange is taken at the date of payment to you.
• No deduction from Commission is made by us in respect of currency exchange costs.
• Commission is inclusive of any tax payable by you to any authority. If we become liable at law to deduct tax before payment to you, we shall do so, paying the net amount to you.
• Commission will be paid by Internet transfer to the account designated by you.

Merchant tracking and reports

• We undertake to set up our Affiliate programme so as to:
  • record all sales made to Paid Subscribers within the Commission Period;
  • record the cumulative amount of Commission due to you for any time period you choose;
  • record the history of payments of Commission made to you;
  • provide the Reports.

Changes to this agreement

• We reserve the right to change this agreement at any time and in any way. A change will take effect when we Post it on Our Website. If you continue to send Visitors to Our Website, that will be taken as acceptance of the new terms. However, we do undertake to give you notice of any proposed change in the Commission rates.
• We reserve the right to change the contract to prospective subscribers / Affiliates at any time and without notice to you, even if this affects your earnings. This includes change to prices, operating procedures Our Website’s layout and organisation.

Removal of offensive content

• For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
• We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
• If you are offended by any Content, the following procedure applies:
  • Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
  • after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
  • we may choose ― solely at our discretion ― what to do about the relevant content.
• In respect of any complaint made by you or any person on your behalf, whether using our form or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
• You agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

Security of our website

If you violate Our Website, we shall take legal action against you.

You agree that you will not, and will not allow any other person to:

• modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
• link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
• download any part of Our Website, without our express written consent;
• collect or use any listings, descriptions, or prices;
• collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
• aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
• share with a third party any login credentials to Our Website;
• Despite the above terms, we now grant a licence to you to create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

We control visitor data

• We shall be solely responsible for subscriptions / payment processing, renewal payment processing, cancellations and refund processing, and related subscriber
• All personal information about Visitors/ Paid Subscribers collected by us is owned solely and exclusively by us.

Duration and termination

This agreement shall continue until terminated:

• by one week’s notice in writing by either of us to the other; or
• immediately by either of us if the other commits any material breach of any term of this agreement and which in the case of a breach capable of being remedied is not remedied within 30 days of a written request to remedy it.

At and after termination

When this agreement terminates:

• All rights and licences granted to you in this agreement shall immediately terminate.
• You will not be entitled to Commission for subscriptions after the date of termination.
• If we continue to receive payments from Paid Subscriber after termination of this agreement, this will not constitute a continuation or renewal of this agreement or a waiver of termination.
• You will immediately return to us all copies of all Confidential Information in your possession and will cease to use the Intellectual Property.
• We may withhold from you the final payment of Commission for a reasonable time to ensure that the correct amount is paid.
• All claims or actions that one party has against the other shall remain intact despite termination.

Intellectual property

You agree that at all times you will:

• not cause or permit anything which may damage or endanger our title to the Intellectual Property.
• not during the currency of this agreement or within five years of its expiry, instruct for, create or write software to perform any of the purposes for which the Services are used.
• notify us of any suspected infringement of the Intellectual Property;
• indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
• on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by the Company in writing;
• not use any name or mark similar to or capable of being confused with any name or mark of ours;
• not use the Intellectual Property except directly in our interest.

Confidential information

• You now agree that you will:
  • keep all records of the Confidential Information in all media separate from other records;
  • use your best endeavours to keep confidential (and to make sure that your employees and agents shall keep confidential) any Confidential Information which you or they may acquire.
  • not store, copy, or use the Confidential Information in any place or in any electronic form which may be accessible to any other person.
  • not use or disclose Confidential Information except with our consent.
  • from today until the expiry of five years from the termination of this agreement, keep the Confidential Information secret and not divulge or make it known to anyone nor use it for the benefit of yourself or any other person.
• This paragraph does not apply to disclosure:
  • made with the consent of the proper officers of the company or under the authority of the board or by order of the court.
  • of information or knowledge which comes into the public domain otherwise than by reason of our default.
  • as may be minimally necessary to give effect to the purposes of this agreement whilst ever the agreement is operational.
• The obligations set out in this paragraph shall continue to be fully effective indefinitely even if you have destroyed or returned the Confidential Information.
• We hereby grant to you a non-exclusive, non-transferable licence, during the term of this agreement, to use the Intellectual Property solely to promote My Health Train.
• This licence cannot be sub-licensed, assigned or otherwise transferred by you.
• The provisions of this paragraph shall survive for a period of 5 years after termination of this agreement.

You indemnify us

You agree to indemnify us against all costs claims and expense arising directly or indirectly from:

• any claim representation or warranty made by you in connection with us; or
• your failure to comply with the law of any country; or
• any use of Your Website for a purpose forbidden by this agreement;
• legal or other fees we incur in defending a claim or the imposition of a fine or penalty.

Interruption to the Service

• If we believe in our absolute discretion that it is necessary for us to interrupt the Services we may do so without notice to you.
• You acknowledge that the Services may also be interrupted for reasons beyond our control.
• You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.

Disclaimers and limitation of liability

• The law differs from one country to another. This paragraph applies so far as the applicable law allows.
• All implied conditions, warranties and terms are excluded from this agreement.
• Our Website may include Content Posted by third parties. We are not responsible for any such Posting.
• You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.
• Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
• The https://myhealthstory.com.au Website and My Health Train Services are provided “as is”. We make no representation or warranty that the online resource/affiliate system will be:
  • useful to you;
  • of satisfactory quality;
  • fit for a particular purpose;
  • available or accessible, without interruption, or without error.
• We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
• We accept no responsibility for:
  • delivery of Content, material or any message;
  • privacy of any transmission;
  • third party advertisements which are posted on Our Website or through the Services;
  • the conduct, whether online or offline, of any user of Our Website or the Services;
  • failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services.
  • loss or damage resulting from your attendance at an event organised through Our Website or the Services;
• You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
• Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of $2,000.
• We shall not be liable to you for any loss or expense which is:
  • indirect or consequential loss; or
  • economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
• This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
• Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.

Miscellaneous matters

• Our privacy policy complies fully with the current privacy law which is at https://myhealthstory.com.au/privacy.
• So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
  • if delivered by hand: on the day of delivery;
  • if sent by post to the correct address: within 72 hours of posting;
  • If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
• In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
• So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
• In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
• The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria and you agree that any dispute arising from it shall be litigated only in that State.