SP HEALTH CO | TERMS AND CONDITIONS OF USE

Last Update June 2015

  1. Agreement
    1. This website is provided by SP Health Co Pty Ltd ABN 73 123 248 046 (SPH).
    2. These terms and conditions (T&Cs) apply in relation to your use of this website.
    3. Your use of this website is also governed by SPH’s Privacy Policy. SPH’s Privacy Policy sets out how SPH may collect, store and disclose your personal information.
    4. By accepting these T&Cs, you agree that:
      1. these T&Cs form a binding agreement between you and SPH; and
      2. you consent to the terms of SPH’s Privacy Policy.
  2. Use of this website
    1. You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access and use this website.
    2. You must not engage in any activity through use of this website to:
      1. advertise, transmit or solicit any commercial messages;
      2. engage in any illegal, unethical or immoral conduct;
      3. mine or collect information or data from this website;
      4. manipulate, damage, interfere with or impair the functionality any of this website;
      5. breach any applicable law or any third party’s rights (including, without limitation, intellectual property rights);
      6. disrupt, overburden or assist in such disruption or overburdening of any computer server or network;
      7. harass, abuse, harm, threaten any person or group of persons or incites or is likely to incite any such activity; and/or
      8. mislead or deceive any person.
  3. Intellectual Property
    1. All intellectual property rights in and to this website (including all virtual items, software, files, concepts and content) and the services provided through it vest in SPH or its licensors.
    2. You acknowledge that you have no right title or interest in or to any aspect of this website or the services provided through it.
    3. Nothing in these T&Cs assigns to SPH any intellectual property rights in or to any content you provide to SPH through the website (Your Content).
    4. You hereby grant to SPH a worldwide, non-exclusive, royalty and licence fee free licence (including the right to sublicense) to access, use and exploit Your Content for the purposes of the conduct by SPH of its business.
    5. You hereby indemnify and release SPH from and against all actions, suits, claims, demands, losses, liabilities, damages, costs and expenses which may be made or brought against or suffered or incurred by SPH as a result of the exercise by SPH rights granted by you under paragraph (d) above.
  4. Advertising
    You acknowledge that:
    1. this website may contain advertising and links to third party products and services;
    2. you are entirely responsible for any fees or obligations you incur with respect to such third parties;
    3. except as expressly set out on this website, SPH makes no warranties or representations in respect of, and do not sponsor or endorse, such third parties or their products and services; and
    4. third party websites are not necessarily under SPH’s control and your use of them will be subject to the terms and conditions and privacy policy of the relevant third party.
  5. Events outside SPH’s Control
    You acknowledge that there are many situations that may affect your enjoyment of this website. Accordingly, to the maximum extent permitted by applicable law SPH has no liability to you whatsoever in relation to any claim arising from:
    1. the actions or omissions of third parties who may provide products and services to you in connection this website; and/or
    2. unforeseen events beyond SPH’s reasonable control (including, without limitation, fire, flood, acts of war or terrorism, acts of God, acts of government, telecommunication failures, civil unrest and accidents).
  6. LIMITATION OF LIABILITY AND IDEMNITY
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
      1. SPH MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER TO YOU;
      2. SPH HEREBY EXCLUDES ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WHETHER EXPRESS OR IMPLIED (AND INCLUDING WITHOUT LIMITATION, THOSE IMPLIED BY STATUTE, CUSTOM, LAW OR OTHERWISE);
      3. SPH’s CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS MADE BY YOU UNDER OR IN RELATION TO THESE T&CS, THE PRIVACY POLICY, YOUR PURCHASES OR YOUR USE OF THIS WEBSITE WILL NOT EXCEED IN AGGREGATE THE $A500;
      4. SPH WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY CLAIM FOR ANY LOSS OF PROFIT, DATA, GOODWILL OR BUSINESS, FOR INTERRUPTION TO BUSINESS, FOR ANY FAILURE TO REALISE ANTICIPATED SAVINGS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL PUNITIVE OR INCIDENTAL DAMAGES.
    2. CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE T&CS AND THE PRIVACY POLICY MUST BE READ SUBJECT TO THOSE STATUTORY PROVISIONS. IF THOSE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH SPH IS ENTITLED TO DO SO, SPH LIMITS SPH’S LIABILITY IN RESPECT OF ANY CLAIM TO, AT SPH’S OPTION:
      1. IN RELATION TO SERVICES:
        1. THE SUPPLY OF THE SERVICES AGAIN;
        2. THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN; AND
      2. IN RELATION TO GOODS:
        1. THE REPLACEMENT OF THE GOODS OR THE SUPPLY OR EQUIVALENT GOODS;
        2. THE REPAIR OF THE GOODS;
        3. THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS; OR
        4. THE PAYMENT OF HAVING THE GOODS REPAIRED.
  7. General
    1. SPH may assign the benefit of these T&Cs and Privacy Policy to any person without your consent. You may only assign the T&Cs and Privacy Policy or a right under them with SPH’s prior written consent that may be withheld or granted in SPH’s absolute discretion.
    2. The T&Cs and Privacy Policy constitute the entire agreement between the parties in connection with their subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.
    3. If the whole or any part of a provision of the T&Cs and Privacy Policy is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If however, the whole or any part of a provision of the T&Cs and Privacy Policy is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of the T&Cs and Privacy Policy or affecting the validity or enforceability of that provision in any other jurisdiction.
    4. A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise by a party of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
    5. These T&Cs and Privacy Policy do not create a relationship of employment, trust, agency or partnership between the parties.
    6. YOU IRREVOCABLY WAIVE YOUR RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF TO RESTRAIN THE OPERATION OF ANY ELEMENT OF THE SERVICES AND YOU AGREE TO LIMIT YOUR CLAIMS AGAINST SPH TO CLAIMS FOR MONETARY DAMAGES.
    7. These T&Cs and the Privacy Policy will be governed by and construed in accordance with the law for the time being in force in New South Wales, Australia and the parties, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that State.