Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY
(Last updated on 24 July 2018) This is the Terms of Service Agreement (“Agreement”) for HuntingtonsWA Incorporated (WA), and hereinafter referred to as (“HuntingtonsWA”).This Agreement describes the terms of service (“Terms”) applicable to your use of the ImpactHD website and any content or information published on the ImpactHD website, and any sub-domains of ImpactHD (collectively, “the ImpactHD website”, and the service being provided by the ImpactHD website being “the Service”). Your registration as a registered user (“User”) confirms your agreement to these Terms.
- 1. Continuing Acceptance of Terms
1.1 When using the Service (including completion of the registration process to become a User), you must agree to these Terms, which HuntingtonsWA at its discretion may change from time to time. Any changes will be immediately effective upon posting to our website. It is your responsibility to ensure you are familiar with the latest Terms and your continued use of the Service will signify your acceptance of the changed Terms. You must stop using the Service if you do not accept the changed Terms.
1.2 Unless explicitly stated otherwise, any new features that augment or enhance the Service shall form part of the Service and be subject to this Agreement.
1.3 The information provided on the Impact HD website is general information only and should not be relied upon as professional or medical advice. Professional or medical advice should be sought for particular health concerns.
1.4 Subject to any applicable laws, HuntingtonsWA may, in its sole discretion, refuse the Service to anyone at any time and without reason.
- Registration Obligations
2.1 If you register as a User on the ImpactHD website, you agree :
(i) to provide true, accurate, current and complete information about yourself as prompted by the User registration form on the ImpactHD website, and
(ii) to maintain and promptly update the User information to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, HuntingtonsWA has the right to suspend or terminate your registration and/or refuse any and all current or future use of the Service (or any portion of it).
- Fees and payment
3.1 ImpactHD is a free service. As a free service, HuntingtonsWA is under no obligation to provide technical support, help desk support, data retrieval or support or other assistance services to Users.
4.. E-mail Password and Security
4.1 You are solely responsible for maintaining the confidentiality of your username and password and you are fully responsible for ensuring your details remain confidential to you.
4.2 You agree that you will be wholly responsible for all actions taken and any losses, costs or claims whatsoever incurred as a result of your use of the Service.
4.3 You agree to immediately notify HuntingtonsWA of any unauthorised use of your password or username.
4.4 HuntingtonsWA will not be liable for any loss or damage arising from your failure to comply with this term.
5.1 HuntingtonsWA may collect information about you (including personal information) from your use of the Service.
5.3 You should only provide HuntingtonsWA with personal information about another person if you reasonably believe that person would be comfortable with you providing their personal information to HuntingtonsWA.
- Proprietary rights, licences and limitations
6.1 HuntingtonsWA (and any licensors to ImpactHD) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is either hosted on HuntingtonsWA’s servers or deployed by you or a third party to enable creation and management of your account (the “Software”), and all intellectual property rights therein (whether registered or not and wherever existing in the world).
6.2 You acknowledge and agree that the rights in the Service, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms.
6.3 Except for the limited licence rights specifically granted to you in these Terms, HuntingtonsWA and its suppliers own and shall retain all rights, title and interests, including, without limitation, intellectual property rights, in and to the Service and all Software utilised therein (and all copies thereof and related materials that are delivered or made available to you with the Service).
6.4Without limiting the generality of the foregoing, you agree not to access, use, copy, reverse engineer, create derivative works from, share or assist any third party to use the Service or any component thereof to design, create, program, market or promote any product, software or service in competition with ImpactHD (including but not limited to independent or internal networks) that would be inconsistent with HuntingtonsWA’s proprietary rights.
6.5 By submitting to HuntingtonsWA any feedback, comments, ideas, suggestions, documents and/or proposals (collectively, “Contributions”), you acknowledge and agree that:
(i) your Contributions do not contain confidential or proprietary information;
(ii) HuntingtonsWA is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(iii) HuntingtonsWA shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(iv) HuntingtonsWA already may possess or have received or considered something the same as or similar to the Contributions;
(v) your Contributions automatically become the property of HuntingtonsWA without any obligation of HuntingtonsWA to you; and
(vi) you are not entitled to any accounting, compensation or reimbursement of any kind from HuntingtonsWA for Contributions.
- Provision of services; modifications
7.1 HuntingtonsWA may engage certain affiliates, subcontractors or other third parties to provide all or part of the Service to you, and you hereby acknowledge and agree that such third party involvement is acceptable.
7.2 In performing the required technical steps to provide the Service to our users, HuntingtonsWA may make such changes to the Service as are necessary to conform and adapt the Service to the technical requirements of connecting networks, devices, services or media.
7.3 We reserve the right at any time and in our sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including content), with or without notice.
7.4 We may take any measures we deem necessary or appropriate in connection with operation of the Service, including for maintenance or security reasons, which may affect availability of the Service. You agree we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
7.5 HuntingtonsWA may create updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit us to deliver these to you (and you to receive them) as part of your use of the Service.
- Restriction on Use
8.1 You agree that you will not use the ImpactHD website to:
(i) impersonate any person or entity or misrepresent your or anyone else’s affiliation with you or anyone else;
(ii) upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, or promotional material;
(iii) upload, post, email or otherwise transmit any data file containing software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) act in a manner that negatively affects the ability of any user, procuring party, non-registering user or HuntingtonsWA itself to engage in reasonable usage of the ImpactHD website;
(v) interfere with or disrupt the Service;
(vi) transgress any applicable regulations, rules or statutory provisions of local laws or any other relevant jurisdiction or any order or rule of any court of competent jurisdiction; or
(vii) create or communicate offensive, defamatory, illegal or otherwise inappropriate content.
8.2 If HuntingtonsWA, in its sole discretion, determines that any of the above restrictions on use have been breached, HuntingtonsWA may pursue any of its legal remedies, including but not limited to immediate cancellation of your Service.
8.3 HuntingtonsWA reserves the right (in its sole discretion) to take any actions that it believes prudent or necessary to minimise or eliminate its potential liability, including but not limited to the release of your information to law enforcement agencies.
9.1 You agree that HuntingtonsWA, in its sole discretion, may cancel your registration and terminate your use of the Services, and remove and discard any information you provide to us if HuntingtonsWA believes you have breached these Terms.
9.2 HuntingtonsWA may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice.
9.3 You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that HuntingtonsWA may immediately deactivate or delete your account and related information and files in your account and/or bar any further access to such files or the Service.
9.4 Further, you agree that HuntingtonsWA shall not be liable to you or any third party for any termination of your access to the Service.
- Disclaimer of warranties
You expressly understand and agree that:
10.1 Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, HuntingtonsWA expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
10.2. HuntingtonsWA does not warrant that
(i) the service will meet all of your requirements;
(ii) the service will be uninterrupted, timely, or error-free; or
(iii) errors in the service will be corrected.
10.3. No advice or information, whether oral or written, obtained by you from HuntingtonsWA or through or from the service shall create any warranty not expressly stated in these terms.
- Limitation of liability
11.1 You expressly understand and agree that HuntingtonsWA, its subsidiaries, affiliates and licensors, and our and their respective officers, employees, agents, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, cover or other intangible losses (even if HuntingtonsWA or any affiliate of ours has been advised of the possibility of such damages) resulting from:
(i) your use or the inability to use the Service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or service purchased or obtained or messages received or transactions entered into through or from the Service;
(iii) unauthorized access to or the loss, corruption or alteration of your transmissions or data;
(iv) statements or conduct of any third party on or using the Service;
(v) actions or omissions by HuntingtonsWA or its affiliates based on your account information or any changes thereto or notices received therefrom;
(vi) your failure to protect the confidentiality of any passwords or access rights to your account information;
(vii) the acts or omissions of any third party using the Service; or
(viii) the termination of your account in accordance with these Terms.
- Any other matter relating to the service.
12.1 Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those limitations above which are lawful in your jurisdiction (if any) will apply to you and our liability will be limited to the maximum extent permitted by law. HuntingtonsWA does not underwrite the identity of any user of the ImpactHD website and will not be held liable for any losses, costs or claims whatsoever arising out of any fraudulent or mistaken identity assumed by any person using the ImpactHD website. In cases of any losses not otherwise excluded by these terms, HuntingtonsWA’s total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with these Terms, or based on any claim for indemnity or contribution will not exceed AUD$100.
13.1 You agree to indemnify and hold HuntingtonsWA and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including legal expenses and the expenses of other professionals) made by a third party owing to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
- Compliance with Laws
14.1 You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service in the country in which you reside or other relevant jurisdiction.
- No Agency
15.1 You and HuntingtonsWA are each independent contractors, and no agency, partnership, joint venture employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
16.1 We may include the use of third party resources and/or links to third party websites as part of the Service. We have no control over such sites and resources and, accordingly, you acknowledge and agree that:
(i) we are not responsible for the availability of such external sites or resources;
(ii) we do not endorse and are not responsible or liable for any content or other materials available from such sites or resources; and
(iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or materials available on or through any such site or resource.
18.1 Except as explicitly stated otherwise, any notices from you shall be given by email to HuntingtonsWA, and any notices from HuntingtonsWA may be given by email to the email address you provide to HuntingtonsWA or may be displayed when you next log in to the Service.
- Force Majeure
18.1 HuntingtonsWA shall not be liable to you for delays and failures in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of god, labour disputes, disturbances, material shortages, or rationing, riots, acts of war, government regulations, communication or utility failures, or casualties.
19.1 HuntingtonsWA may assign this Agreement without your consent.
20.1 These Terms constitutes the entire Agreement between you and HuntingtonsWA and governs your use of the Service, superseding any prior written or oral agreements between you and HuntingtonsWA.
20.2 These Terms shall be governed by the laws of Western Australia, Australia, and the parties submit to the non-exclusive jurisdiction of the courts in Western Australia.
20.3 If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
20.4 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
20.5 Headings are for convenience only and in no way define, limit, construe or describe the scope or extent of such section.
20.6 References to the singular shall include the plural and vice versa.
20.7 The meaning of general words is not limited by specific examples introduced by words such as “including” or “for example” or similar expressions.
20.8 If a word or phrase is defined, its other grammatical forms have a corresponding meaning.
20.9 A reference to an agreement or document (including, a reference to these Terms) is to the agreement or document as amended, varied, supplemented, novated or replaced, except to the extent prohibited by these Terms or the other agreement or document.
20.10 A reference to a party to these Terms or another agreement or document includes the party’s successors and permitted assigns.