Activ8.live Terms and Conditions
1. User agreement
This Agreement is between you and Activ8.live (referred to in this Agreement as “we”, “us” or “our”).
“Website Service” means all services provided by us via the Website including information services, content and transaction capabilities.
3. Registration and user requirements
(a) In order to access some of the features of the Website, you may need to register. The registration process requires you to provide us with personal information including:
(i) your name;and
(ii) your valid email address.
To ensure the provision of the Website Service, you must ensure this information is accurate and current.
(a) By using the Website and its associated functionality, you give us your consent to send you direct communications to the email address you provide. You may unsubscribe from these direct communications at any time. By using the Website, you give implied consent to receive certain communications.
(b) You may opt-out of the Website and Website Service at any time.
4. Access and use of the Website
(a) You must only use the Website (whether via desktop, mobile app or tablet app) in accordance with these terms and any applicable law.
(b) You must not and must not attempt to:
(i) interfere or disrupt the Website;
(ii) use data gathering or extraction tools on the Website;
(iii) interfere with security-related or other features of the Website; or
(iv) use, copy or distribute the Website or any material on the Website without our express permission.
(c) We may refer any fraudulent or abusive or illegal activity to the relevant authorities.
(d) You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
(e) If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must take immediate steps to re-secure your account (including by changing your password).
(f) You must not use another member’s account without our, and/or the other user’s, express permission.
5. No guarantees as to the Website availability
(a) We will make every effort to ensure that the website and other services are available continuously, but we reserve the right to change, suspend or discontinue all or any part at any time with or without notice. We cannot guarantee uninterrupted access to the website and we do not guarantee its operation or availability.
(b) We do not give any warranties in relation to the content of any other website linked to or from our Website.
(c) We provide no warranty to you that the services generally available through our Website will be uninterrupted or error-free or that defects in the service will be corrected.
(d) You also understand that we cannot and do not guarantee or warrant to you that files available for downloading through the Website or delivered via electronic mail through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
6. Information on the Website
(a) Please be aware that our site may provide access to other web sites by linking to them. We are not responsible for the data policies (including data protection and cookies), content or security of these linked web sites. Inclusion of a link to another website does not imply endorsement of its contents or opinions.Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us by third parties.
(b) Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors found in any articles or blog posts featured.
(c) You agree that information contained on this Website is for personal use only and may not be sold, redistributed or used for any commercial purpose.
(d) You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Website including code and software. You must not use the Website for any purpose that is unlawful or prohibited by this Agreement.
(e) You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Website on your own website or in any other publication), except with our prior written consent.
7. Disclaimer and liability
(a) All warranties which are not guaranteed by Australian Consumer Law or the Competition and Consumer legislation are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
(b) We exclude all liability to you or any third party in relation to the description or quality of products or services displayed and/or advertised on the Website.
(c) We exclude all liability to you or any third party for loss or damage of any kind or nature relating in any way to the Website to the maximum extent permitted by law. This limitation includes, but is not limited to, any loss or damage you might suffer as a result of:
(i) errors, mistakes or inaccuracies on the Website;
(ii) your action or inaction in relation to any information contained on or referred to on the Website and/or any linked website;
(iii) personal injury or property damage of any nature resulting from your access to or use of the Website;
(iv) any unauthorised access to or use of our secure servers, including any personal or financial information stored on those servers;
(v) any interruption or cessation of transmission to or from the Website;
(vi) any bugs, harmful code or communications which may be transmitted to or through our Website by any third party.
(d) Where any law provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
(e) In no event shall we, our affiliates, related entities or suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence), except as required by law. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
9. Intellectual property
(a) We own all intellectual property rights, including but not limited to, copyright in material and/or Website Services provided by us. You must not use our marketing material, business names, trademarks, logos, domain names or other distinctive brand features without our express written consent.
(b) Copyright in the material and trade marks on this Website are owned by us. You must not infringe any intellectual property rights owned by us.
(c) Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
(d) You may not:
(i) modify or copy the layout or appearance of the Website nor any code contained in the Website; nor
(ii) attempt to discover or access any source code related to the Website.
10. Information does not represent professional advice
(a) You acknowledge and agree that information published by us is intended to provide general information in summary form on legal and/or other issues.
(b) It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, products, services, and other information provided through the Website.
(c) In no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Website.
11. Transfer and assignment
We may assign or novate the rights under this Agreement to its subsidiary or business successors without your consent.
12. Privacy and personal information
(a) The price of products, services and/or memberships advertised on the Website are in Australian dollars and are current at the time of display, but may be subject to change.
(b) In connection with any purchase facilitated by the Website, buyers will be asked to provide billing information such as name, billing address and credit card information either to us or our third-party payment processor(s), and/or may be required to connect their PayPal account to the Website.
(c) We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
(d) This Agreement will be governed by and interpreted in accordance with the laws of the state of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of the state of New South Wales, Australia.
(e) If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
(f) Any election by us not to exercise or enforce any right or provision under this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
(g) You agree to be bound by any changes to this Agreement by your continued use of the Website.
(h) Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.
By accessing and using this website, you accept and agree to be bound by the terms and provisions of the agreement. Any participation in this site constitutes acceptance of this agreement. If you do not agree to abide by the above, please do not use this site.
This content of this site is for informational purposes only. This site is not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and is not responsible or liable for any errors or omissions in that information.