Website Use Terms & Conditions
Welcome to our website. It is available at www.healthyhappywonderful.com and may be available through other addresses or channels. The registered trademark and business name Healthy Happy Wonderful and this website with URL address www.healthyhappywonderful.com are owned and operated by Conscious Consulting Pty Limited (ACN: 167 459 878).
The term 'Healthy Happy Wonderful' or ‘Conscious Consulting’ or ‘us’ or ‘our’ or ‘we’ refers to Conscious Consulting Pty Limited, the owner of the website, whose registered office is Level 12, 111 Elizabeth Street, Sydney NSW 2000 AUSTRALIA. The term ‘you’ or ‘your’ refers to the website user.
Your use of this website is subject to the following terms and conditions (Terms):
A. All information provided on this website and any downloadable products is for educational and informational purposes only. Information provided on this website and in any downloadable products is not intended to diagnose, treat, cure, mitigate, or prevent any diseases or disorders.
B. The information provided on this website and any downloadable products is not a replacement for a thorough examination and consultation from a licensed health professional. Consult your own physician regarding the treatment of any medical condition or for medical advice.
C. Individuals should not try to medicate or self-treat themselves or others using any of the information provided on this website or in any downloadable products. Never disregard professional medical advice or delay in seeking professional advice because of the information contained on this website or in any downloadable products.
D. Utilisation of this website constitutes reading, and accountability for understanding, this disclaimer notification. As such, you agree to defend and indemnify and hold Conscious Consulting Pty Limited, together with any officers, directors, employees, and agents, harmless against any charges, demands, costs and expenses, including attorney‘s fees and costs, liability or loss (including loss of profits) sustained as a result of, or arising from, use of the information in this website and any downloadable products.
2. LIMITATION OF LIABILITY
A. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
B. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
C. This website is presented "as is". The content of this website is for your general information and use only. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
D. We make no representations or warranties of any kind in connection with this website, whether express or implied. You agree that we will not be liable for any loss or damage which you incur as a result of use of this website including but not limited to damage caused by computer viruses, access delays, system failure or malfunction including links to or from third party websites.
E. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
F. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
3. GENERAL TERMS
A. AMENDMENT OF TERMS. The information on this website (including these Terms) is subject to change without notice. We may in our absolute discretion at any time and without prior notice make changes to the content of this website. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments. Any information published on this website is current at the date of publication only and we accept no responsibility for, nor obligation to, update or amend any published information.
B. TRADEMARKS. The Healthy Happy Wonderful logo (apple, smiley face and heart with wings), the words "Healthy Happy Wonderful", and the composite logo comprising the logo images plus the words "Healthy Happy Wonderful", are legally registered trademarks of Conscious Consulting Pty Limited, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Conscious Consulting Pty Limited. You may not use metatags or any other "hidden text" utilising "Healthy Happy Wonderful" or any other name, trademark or product or service name of Conscious Consulting Pty Limited.
C. COPYRIGHT. The material on this website is the copyright of Conscious Consulting Pty Limited. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. The material on this website is protected by Australian and international copyright laws. With the exception of uses permitted under the Australian Copyright Act 1968 (Cth), the material on this website must not be copied, reproduced, altered, transmitted or re-used, in whole or in part, without express written permission from Conscious Consulting Pty Limited. We expressly reserve copyright and trademark in all materials on this website and downloadable products, and we reserve the right to take legal action against you for breach of our intellectual property rights.
D. EXCLUSION OF COMPETITORS. If you are in the business of providing goods or services in areas related to nutrition, wellness, health coaching, life coaching, positive psychology or workplace wellness then you are a competitor of Conscious Consulting Pty Limited. We expressly exclude and do not permit you to use or access this website, to download any information from this website, to use or adapt any information from this website, whether directly or thorough a third party, except in accordance with the terms of a written licensing agreement between you and Conscious Consulting Pty Limited. If you breach this term, then you are fully responsible for any loss which may be sustained by us.
E. LAWFUL USE. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website. Attempting to copy, duplicate, reproduce, sell, trade, resell or pass off as your own work the information or downloadable resources on this website is strictly prohibited. Using the information or downloadable resources on this website for business purposes, in the absence of a licensing agreement with Conscious Consulting Pty Limited, is strictly prohibited. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorised activities conducted by you, as detailed in these Terms, and may incur criminal or civil liability.
F. DENIAL OF ACCESS OR SERVICES. We reserve the right to exclude and deny access to our website, information, newsletter communications and downloadable products for any reason in our sole discretion.
H. EXTERNAL LINKS. This website may, on occasion, include links to other websites which are not controlled by us. We have no control over the nature, content and availability of those websites. We do not recommend or endorse the websites. We make no warranties concerning the nature, content and availability of those websites, including as to the accuracy, completeness or reliability of those sites, nor do we warrant that these websites are accurate, complete, current and free of defects including, but not limited to, viruses or other harmful elements. You acknowledge that they are used at your own risk.
G. CORRESPONDENCE. Unless specifically stated by you in writing, we shall treat any correspondence you enter into with us as non-proprietary and non-confidential.
H. WHOLE AGREEMENT. These Terms comprise the whole agreement between you and Conscious Consulting Pty Limited in relation to your use and access to our website. All implied terms are expressly excluded, except those implied by statute.
I. EXCLUSION OF UNENFORCEABLE TERMS. Where any clause of these Terms would be void, illegal or unenforceable in any State or Territory, then that clause will not apply in that State or Territory and will be deemed never to have been included in these Terms in that State or Territory. Such a clause shall continue to be part of this agreement and enforceable in all States and Territories where it is legal. The deemed exclusion of any term under this clause will not modify or effect the construction or enforceability of any other clauses in these Terms.
J. JURISDICTION. This website and these Terms are subject to the Laws of New South Wales. In the event of a dispute you agree to submit to the jurisdiction of the courts of New South Wales.