TERMS OF SERVICE
You can contact us with any queries you may have in respect of DWL, or these Terms, or the use of your personal information via email at email@example.com.
a) These Terms are a legal agreement (the “Agreement“) between you (“you” and “your“) and DWL (ABN 53 655 324 477) DAILY WITH LUKE (ABN 53 655 324 477) (“DAILY WITH LUKE” "DWL" “we” or “us”) which applies to your use of DWL website (the “Website“) and goods and services (“Products“), including physical products purchased by you via the Website.
b) Your access to the Website, registration as a member, submission of an email subscription form, or submission of an order to purchase any Product/s, shall constitute your acceptance of these Terms and the Agreement.
2) PAYMENT & REGISTRATION TERMS
a) We use a secure online payment system. In order to purchase any of our Products or Services (including access to DWL Website and Program) you will be required to complete our registration form, where you will provide us with your credit card information and other requested personal information.
b) By purchasing any Products or Services through DWL, you agree that we may charge you the price listed on the registration or checkout page at the time of your purchase, including GST and any applicable delivery charges, irrespective of any previous advertised price. We reserve the right to obtain validation of your payment details before processing your order and we must receive successful payment of your order prior to your receiving of any purchased Products or Services (including access to DWL).
c) You warrant that the payment details you provide as well as any related personal details are correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Programs and/or any Products. We reserve the right to decline delivery of your order or registration if your payment fails or is incomplete. We accept no liability in the event you provide incorrect payment or personal details.
d) Unless otherwise stipulated on the Website, all charges are in Australian Dollars.
e) We may offer various "Specials" from time to time. These Specials will be subject to strict terms, including timeframes and other requirements, as stated by us within the advertising material related to a particular Special. A Special will only apply, and can only be redeemed if you meet the requirements of the Special and within the timeframe or promotional period as stated within the related Special's advertising material. For example, if a Special applies only to new members who register in the month of March, new members who register before or after the month of March will not be eligible to receive that Special.
f) The DWL Programs shall be paid for via accepted credit or debit cards, or by any other method specified by us from time to time, either:
i) via an immediate and ongoing annual payments of $118.95 per 12 month period until cancelled, or
ii) via an immediate and ongoing monthly payments of $19.95 per month until cancelled.
iii) via an immediate and ongoing payments of the amount and frequency as stated at the time of registration.
g) The first instalment of your chosen subscription (annual or monthly) will be made at the time of your registration. You acknowledge that it is your responsibility to ensure your payment details are up to date and that you have adequate funds in your account for the successful processing of any immediate and ongoing payments until your subscription is cancelled.
h) All Programs and/or Products that require a recurring billing period, usually monthly or annually, state the required recurring billing period and amounts clearly on their relevant registration or checkout pages. A direct link to these Terms is also clearly available on all Program registrations pages.
i) If a payment is declined for any reason, we may or may not notify you. The Program will automatically continue to reattempt any outstanding payments until they are collected, or until your subscription is terminated, either by us or by you. If your outstanding payments are successfully collected via the processing of automatic reattempts, your access will resume as normal. In the event of unsuccessful payments, your account will be temporarily suspended, or terminated until the outstanding payments are successfully processed. Once you have informed us that a working payment method has been provided, we will deduct the total payment amount outstanding. Only once all outstanding payments are successfully collected may your access to the Programs be resumed. You acknowledge that despite any temporary suspension of your Program access due to any failed payment issues, the Programs will not be extended to compensate for any temporary suspension incurred as a result of insufficient funds or incorrect payment details. If your Program is suspended as a result of outstanding payments, and no outstanding payments are collected for a period of 28 days after the due date of your earliest outstanding payment, we may terminate your Program, and your subscription to the Program with or without notice, at which point you will not be able to access the Program again without making a new registration and purchasing the Program as a new member. If your Program is cancelled at any time for any reason, we will not offer to reactivate any cancelled programs and you cannot access any previously accessible content or position within the Program once a program has been cancelled.
j) We will not be held liable for any loss you incur arising from your use of any particular payment method unless caused by our fraud or the fraud of our employees.
k) We shall not be obliged to supply the Programs and/or any Products or Services to you until we have accepted your order.
l) Until such time as we accept your order, we reserve the right to refuse to process your order.
m) We may in our absolute discretion refuse to accept an order from you for any reason (including due to timing of placement of an order or availability of supplies) or we may offer you alternative Programs (in which case we may require you to re-submit your order).
n) If you discover that you have made a mistake with your order after you have submitted it to the Website, please contact firstname.lastname@example.org immediately, however, we cannot guarantee that we will be able to amend your order in accordance with your instructions, particularly where orders have been submitted via third party websites.
n) You authorise us to charge your registered payment method All fees are non-refundable, except as otherwise expressly provided in these Terms.
3) PROGRAM TERMS
a) Access to all Programs is available to active members via the DWL Website.
b) You will become an 'active member' and receive access to your selected Program/s immediately following clearance of the relevant funds as per your chosen subscription as stated under clause 2(f).
c) All Programs provide access to an equivalent of 7 weeks of meal plans, consisting of:
3 x Previous Weeks;
1 x Current Week;
3 x Future Weeks.
d) Once your Program has commenced you cannot pause, postpone or restart the Program for any reason as it operate on a real time calendar, however you will have the ability to revisit until 3 previous weeks’ meal plans.
e) You will become an 'inactive member' at the completion of your initial 15 access weeks, unless you choose to continue via the DWL Graduates Program option (or in the event that we choose to terminate your access)). Once you have become an inactive member, you will no longer have access to your program or any information held within the Program.
f) You agree to interact with the Program and its associated platforms, including Facebook, email servers and others, appropriately and respectfully and you acknowledge that any behaviour or interaction deemed offensive or inappropriate will result in the immediate termination of your access to the Program and all other associated platforms and you accept that no compensation will be offered to you in such an event.
g) Whilst we work hard to ensure that the DWL program is always available to active members, we cannot foresee unexpected conditions that may cause the Program to be temporarily unavailable.
h) We reserve the right to terminate your access to the Program at any time and for any reason if we feel it is necessary and reasonable to do so.
4) FREE GIFTS
a) From time to time, DWL may offer free, complimentary or discounted Products or Services as part of new or returning registrations. We reserve the right to adjust, amend, discontinue or reinstate any such offer, including changing or removing the offered Products or Services at any time.
b) The complimentary or discounted Products or Services offered may be exhausted at any time, such as when stock or supplies are limited. In this case, the complimentary or discounted Products or Services will be provided on a first-come-fist-served baiss. We cannot guarantee that the complimentary or discounted Products or Services will always be available at your time of registration. Where you register at a time when complimentary or discounted Products or Services are offered and we are unable to provide the offered complimentary or discounted Products or Services, we may offer similar or other complimentary or discounted Products or Services.
c) Complimentary Products or Services are limited to one (1) per person within a 12-month period irrespective of the number of registrations you may make within any 12-month period, except where expressly stated or offered by us under our discretion.
5) SUPPORT & COMPLAINTS
a) email@example.com is a publicly available support email dedicated to assisting Program members, as well as members of the public with matters relating to, or (where possible) similar to, the DWL Program.
b) We have a dedicated team who will always endeavour to respond to and assist with Program related enquires as soon as reasonably possible, usually within 24 hours, however depending on the nature of the enquiry and other factors it may take longer than 24 hours to receive a response.
c) Billings (payment/subscription) related enquires are usually responded to within 48 hours.
d) Whilst we aim to assist as much as possible, we cannot legally provide specific advice or diagnosis of physical or medical conditions and therefore we always advise connecting with a qualified medical professional in the event you have questions regarding specific, specialised or particular health conditions.
e) We cannot guarantee replies on Public Holidays or on some weekends.
f) Complaints can and should only be submitted to firstname.lastname@example.org where we will be able to respond and assist appropriately. Complaints expressed anywhere other than to email@example.com will be deemed as inappropriate and may result in a member’s immediate removal from the Program and its associated platforms, including Facebook.
a) The DWL Facebook group page is a free, safe community environment available to active Program members only. It is a place for member-to-member support, open and positive health and progress related discussion, however it is not an avenue to seek technical or billings related Program support
b) In order to protect all members, as well as the Program and its team, the Program Facebook group page has a strict policy regarding the interaction and discussion allowed within the group. It is not an avenue to express complaints and any discussion that is deemed inappropriate, offensive, derogatory or that contravenes other members, the DWL Program or team will be immediately removed and the member responsible may be immediately removed from the group without warning and their program may be cancelled. Other members who may have contributed to the discussion in a way that supports or agrees with the inappropriate remarks made by the initial complaining member may also be immediately removed from the group without notice and their programs may also be cancelled. In the even an inappropriate discussion is reported to or found by the Program Facebook group page admin team, evidence of the discussion will usually be taken.
a) When you sign up for the Program, the Program content will be delivered to you via the DWL Website. The email address and password you supply will be required to log into and access the program, unless otherwise specified by us.
b) The Program will send certain emails from time to time, including registration confirmations and other occasional informative and promotions emails, which will be delivered to the email address that you provided upon registration. If you supply an incorrect email address upon payment or registration and therefore do not receive the Programs emails, it is your responsibility to inform us so that we can update your details and ensure that you receive all emails from that point onwards.
b) Whenever products are purchased, the final price quoted on the payments page on the Website is the price of the order including delivery to the stated destination.
c) Delivery of the Products shall be made to the address stipulated by you in the order and you shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
d) Delivery of the Programs and/or any Products to a third party nominated by you is deemed to be delivery to you for the purposes of this Agreement.
e) Any delivery date specified in the order is made in good faith as an estimate only and DWL shall incur no liability whatsoever if such date is not met, nor will we be liable for any loss or damage whatever due to our failure to deliver the Programs and/or any Products (or any of them) promptly or at all.
f) To the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery or failure to deliver provided that the failure of DWL to deliver shall not entitle either party to treat this Agreement as repudiated.
g) To the extent necessary, you grant us an ‘authority to leave’ when delivering any Products to you, and understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the orders delivered and left unattended, and that this responsibility and liability transfers to you on delivery.
h) Unless otherwise specified, all risk in the Programs and/or any Products shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under this Agreement, risk shall pass at the date when delivery would have occurred but for your breach and from the time when risk passes to you, we will not be liable for loss or destruction of the Programs and/or any Products.
i) If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver any Products to you) accept delivery or collect any Products from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
i) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
ii) no longer make any Products available for delivery or collection and notify you that we are immediately cancelling the Agreement with you, in which case we may refund to you or your credit or debit card company as applicable any money already paid to us under the Agreement, less our reasonable administration charges (including for attempting to deliver and then returning any Products, and any storage fees as provided above.
j) If you do not receive the Programs and/or any Products ordered within 30 days of the date on which you ordered them, DWL shall bear no liability to you unless you notify us by either email or telephone within 30 days of the date on which you ordered the Programs and/or any Products.
8) FORCE MAJEURE
a) DWL shall have no liability to you for any failure to deliver the Programs and/or any Products you have ordered or any delay in doing so or for any damage of defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
9) DAMAGE OR DEFECTS
a) You shall inspect the Programs and/or any Products on delivery and shall within seven (7) days of delivery notify us of any alleged defect, shortage in quantity, damage or failure in performance and/or to comply with the description or order.
b) You shall provide us an opportunity to review or inspect the Programs and/or any Products within a reasonable time following delivery if you believe the Programs and/or any Products is defective in any way.
c) If you fail to comply with these provisions, the Programs and/or any Products shall be conclusively presumed to be in accordance with these Terms and free from any defect or damage.
d) For defective Programs and/or any Products, DWL’s liability is limited in our absolute discretion to either crediting the costs of the faulty Programs and/or any Products, replacing the Programs and/or any Products, or repairing the Programs and/or any Products, provided that:
i) you have complied with the provisions of this Term;
ii) the Programs and/or any Products are returned to us at your cost within seven (7) days of the delivery date;
iii) the Programs and/or any Products are returned in the condition in which they were delivered.
e) Your failure to diligently record the receipt of damaged goods, or inability to provide the relevant documentation may entitle us to refuse any refund, replacement or repairs in our absolute discretion.
f) To the extent permitted by law, our total liability in respect of all claims in connection with this Agreement for any cause will be the total sum of all fees paid or payable by you under this Agreement up until and including the date the cause of action accrued.
g) Nothing in these Terms affects statutory rights you might have as a consumer under applicable local law that may not be excluded.
10) RIGHTS TO CANCELLATION OF THE PROGRAMS AND/OR PRODUCTS
a) You can cancel your Program at any time.
b) There are two (2) cancellation methods available:
i) Self-cancel via your members dashboard (processed immediately); or,
ii) Submit a cancellation request to firstname.lastname@example.org
c) If choosing to submit an email or online cancellation request (meaning not self-cancelling via your member dashboard) cancellation requests can only be submitted to email@example.com. A cancellation request sent anywhere other than to firstname.lastname@example.org cannot be accepted as we will not receive it.
d) Self-cancellations made via your member’s dashboard will be accepted immediately, and your access will usually cease at the end of your most recently paid week.
e) Cancellation requests submitted via emailing email@example.com will be actioned as soon as reasonably possible, however we must receive a minimum of 3 days’ notice in order to avoid the processing of your next payment.
f) Whilst you may cancel or request to cancel at any time, no refunds will be offered for any 'unused' period if cancelled prior to the end of your current paid period.
g) Upon self-cancelling, or submitting a cancellation request, you acknowledge that your access to the Programs and/or Products, including any associated platforms such as Facebook groups and pages, may cease immediately from the time of your cancellation request.
11) PURCHASER'S DISCLAIMER
a) It is your responsibility to ensure that the Programs and/or any Products are sufficient and suitable for your purposes and meet your individual requirements.
b) We do not warrant that the Programs and/or any Products will meet your individual requirements.
c) Notwithstanding the fact that you may be able to tailor some aspects of the Programs and/or any Products to your needs, you expressly acknowledge that the Programs and/or any Products are standard and not made bespoke to fit any particular requirements that you may have.
d) You acknowledge that participation in the Programs assumes that the participant does not suffer from any health conditions.
e) If you suffer from a health condition, you must consult a health care or medical professional before commencing the Programs and/or using any Products, and must conduct the remainder of the Programs and/or any further usage of the Products under the guidance of a qualified health care or medical professional. If you register for, purchase and or use or commence the Programs and/or the Products prior to consultation with a health care or medical professional you do so at your own risk and therefore take sole responsibility for the outcomes or effects of doing so.
f) No information contained in the Website is to be used as medical advice and the Website and/or the Programs and/or any Products are not intended to be used to diagnose, treat, cure, or prevent any medical condition.
g) DWL gives no warranty that the Programs and the nutritional and exercise information contained therein (whether from third party sources or otherwise) is free from error, suitable for your purposes, or will deliver any particular result including, but not limited to, any weight management expectations you may have.
h) Before relying on any information or recommendations on the Website or within the Programs and/or before using any Products, including but not limited to the introduction of any fermented foods into your diet, you should carefully evaluate the accuracy, completeness and relevance of this information to you and your circumstances (including any pre-existing medical conditions and your state of health), and obtain appropriate advice from healthcare professionals wherever necessary.
i) You acknowledge that you are solely responsible for following, or not following, the Programs and/or any advice or health or eating Programs and/or use any Products or regime that we provide via the Website or as part of the Programs and/or any Products, and that DWL is not responsible for any injuries that you may suffer as a result of use of the Website or the Programs and/or any Products.
j) To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010)(Cth) or any other civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death.
k) Following this, you acknowledge that you voluntarily assume all risks associated with your participation in any recreational services and activities that we may provide.
l) To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for death; physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); the contraction, aggravation or acceleration of a disease; and the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community..
m) To the extent permitted by law, we do not make any representations or warranties that any information of any form provided or made available by us is reliable, accurate or complete, and we make no guarantees of any specific result from use of the Website or the Programs and/or any Products or the information or services provided therein and we disclaim any and all liability in whatsoever from arising from any action taken or reliance by you on any information available on the Website or the Programs and/or any Products.
n) You hereby disclaim any right to rescind, or cancel the Agreement or to sue for damages or to claim restitution arising out of any misrepresentation made to you by DWL or any servant or agent of DWL and you acknowledge that you use the Website and/or purchase the Programs and/or any Products relying solely upon your own skill and judgement and (if applicable) that DWL shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the manufacturer of the Programs and/or any Products (where applicable) which warranty shall be personal to you and shall not be transferable to any subsequent purchaser.
12) RIGHTS TO REFUND FOR THE PROGRAMS AND/OR PRODUCTS
a) Notwithstanding your right to cancel this Agreement in accordance with clause 2(l), you will not be entitled to a refund as a result of any such cancellation.
b) In the case of duplicate registrations, meaning a double payment for a single registration, we will refund the second charge in full.
c) If you believe you should be granted a refund, you can write to us at firstname.lastname@example.org with an explanation of your circumstances for our review.
d) If a refund is made you will no longer have access to DWL, the Programs and/or any Products.
13) INCLUSIONS IN THE PROGRAM AND/OR ANY PRODUCTS
a) You acknowledge that the Programs and/or any Products may require use of kitchen appliances and other equipment, and accept that this shall not be provided by us and all or any kitchen appliances and other equipment is sold separately.
b) If you do not agree to these Terms you should cease using the Website immediately.
a) Upon registration, you will be provided with a username, password and account.
b) Your account is personal to you, and you must not disclose your password to any other person, nor allow any other person to use your account and password.
c) You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account (including any purchases made through your account) is deemed to be access or use by you, and that you shall be liable for the consequences of any such use.
a) DWL is committed to protecting your privacy.
c) Throughout the registration process you may be required to give us certain sensitive personal information, including (but not limited to) information about your health, age, height and weight.
4) USE OF THE WEBSITE
a) As a user of the Website, you are specifically prohibited from:
i) downloading, copying, distributing or re-transmitting any part of the Website or any content on the Website (“Site Content“) without the written license or agreement of DWL;
ii) bypassing (or attempt to bypass) any security mechanisms imposed by the Website;
iii) using any data mining, robots or similar data gathering or extraction methods on any part of the Website or the Site Content;
iv) altering, adapting, modifying or manipulating any part of the Website or the Site Content, or manipulating or otherwise displaying the Website or the Site Content by using framing or similar navigational technology;
v) posting or transmitting or permitting the posting or transmission of any material which contains a computer virus or other harmful data, code or material;
vi) exploiting the Website, the Programs and/or any Products or Site Content for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person, including:
(1) the posting of advertisements, solicitations, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests;
(2) sale of access to the Programs and/or any Products or Website or its related services on another website;
(3) any use of the Website or its related services that we find, in our sole discretion, to use our resources or Site Content with the effect of competing with or displacing the market for DWL or Site Content;
vii) providing access or links to any material from the Website to individuals other than yourself;
viii) providing access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person;
ix) deleting or altering or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website, the Programs and/or any Products or Site Content;
x) harvesting or collecting email addresses, photographs or personal information of other users;
xi) impersonating any person or entity, or posting or transmitting false or misleading material or make any form of misleading or deceptive representation;
xii) posting any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years; or
xiii) posting or transmitting any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind, or any material in contempt of any court or parliament, or encouraging any other person to do so.
b) You hereby represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, trademark, copyright and intellectual property laws, the laws of privacy and publicity, applicable communications regulations and statutes those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.
5) USER GENERATED CONTENT
a) We may from time to time allow you to upload materials or post information, photos, content, and other user submissions to the Website (“User Content“) and may also allow you to see User Content submitted by other persons.
b) The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your User Content (“Privacy Controls”).
c) Whilst we will use our best endeavours to ensure that the Website properly implements the Privacy Controls that you select, we do not warrant or guarantee that the implementation is error free.
d) To the extent permitted by law, we disclaim all liability for any loss or damage arising as a result of or in connection with any malfunction in the Privacy Controls selected by you resulting in the unintentional disclosure of your User Content.
e) You acknowledge and agree that in posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website:
i) you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website;
ii) you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to DWL to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine;
iii) you warrant that your User Content (and the licence granted pursuant to this Term) do not infringe the rights of any person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this clause; and
iv) to the full extent permitted by law, you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content, and waive any moral rights you may have.
f) We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason.
g) We accept no responsibility or liability for any User Content.
h) You acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content and you are solely responsible for verifying the veracity of any claims or statements made in any User Content.
i) You acknowledge that your User Content will be displayed on the Website, and other users may use, view and download your User Content.
j) We are not responsible for how other users will use your User Content.
k) You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.
l) Some User Content may refer to events or activities that are organised by other users of the Website.
m) We are not responsible for organising these events and activities, and do not authorise or endorse them and you are solely responsible for determining whether to participate in these events and activities, at your own risk.
6) INTELLECTUAL PROPERTY RIGHTS
a) Unless otherwise indicated and except for any functionalities provided by external websites, all Site Content and all other material included on the Website and the Programs and/or any Products (such as, but not limited to content, materials, recipes, exercise and eating programs, text, graphics, logos, icons, images, audio and video clips, sound recordings, digital downloads, data compilations, software and advertisements) are either the property of DWL or its content suppliers and are protected by international laws of copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
b) All names, logos and trademarks on this Website are the property of their respective owners.
c) Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
d) We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website, the Programs and/or any Products and their content solely for your personal, non-commercial purposes and only for those purposes.
e) The term of the licence granted under 6(d) is for the life of your active user account to access the Programs on the Website and will automatically expire upon termination or cancellation of either the Programs and/or your user account.
f) Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without the prior written consent of DWL.
g) If you believe that any material on the Website infringes upon any copyright or any other intellectual property right that you own or control, you may file a notification of such infringement with us at email@example.com.
7) TERMINATION POLICY
a) DWL reserves the right, in its sole discretion to restrict, suspend, or terminate your access to all or any part of the Website and/or Site Content at any time, for any or no reason, with or without prior notice, and without liability. We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms.
b) Inappropriate Facebook We may terminate your
i) The Website may contain links to other websites.
ii) DWL is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy, completeness or for compliance with any laws, regulations or codes of conduct by DWL.
iii) Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by DWL.
iv) By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
b) Third Party Sites:
i) When you access these third-party sites, you do so at your own risk.
ii) DWL takes no responsibility for third party advertisements which are posted on this Website or through DWL services, nor does it take any responsibility for the goods or services provided by its advertisers.
c) Technical Issues:
i) DWL is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Programs and/or any of DWL services or combination thereof, including any injury or damage to your or any other person’s computer related to or resulting from participation or downloading materials in connection with the Website or the Programs and/or any Products .
ii) We disclaim all liability for any of The Programs and/or any Products that cannot be delivered due to technological malfunctions beyond our reasonable control.
i) The Website is controlled and offered by DWL from its facilities in Australia.
ii) Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9) LIMITATION ON LIABILITY & INDEMNITY
a) In no event shall DWL be liable to you or any third party for any loss, damage or claim in connection with their use of the Website, even if DWL has been advised of the possibility of such.
b) In the event of any breach of this Agreement by DWL the remedies to you shall be limited to damages.
c) Under no circumstances shall the liability of DWL exceed the price of the relevant Programs and/or any Products paid by you.
d) You agree to indemnify and hold DWL, its subsidiaries, and affiliates, and their respective officers, agents, advisers, representatives, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our services and/or the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
e) DWL shall be under no liability whatever to you for any indirect loss and/or expense (including loss of profit) suffered by you arising out of a breach of this Agreement.
a) You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
b) By accessing the Website and/or ordering the Programs and/or any Product, the parent/guardian of users under the age of 18 (“Minors“) agrees that they have read and consent to these Terms.
c) Parents/guardians may be required by DWL to enter into a further agreement as evidence of consent to the Minor entering this Agreement.
d) Both the Minor and his or her parent/guardian acknowledge and confirm that the Minor understands the nature of his or her rights and obligations under this Agreement, that the Minor’s commitment to this Agreement is for his or her benefit, and that these Terms shall be binding as a result.
a) These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DWL without restriction.
b) This Agreement constitutes the entire agreement between you and DWL regarding the use of the Website and our services and the Programs and/or any Products.
c) The failure of DWL to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
d) If any provision of this Agreement shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
e) DWL takes no responsibility for changes in the law which affect the Programs and/or any Products supplied.
f) DWL reserves the right to amend these Terms from time to time and your continued use of the Website, access to your account, or subsequent purchase of the Programs and/or any Products following the posting of any changes to these Terms constitutes acceptance of those changes.
g) You agree that any cause of action must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
h) This Agreement and all transactions undertaken through the Website are governed by the laws of NSW Australia and any legal actions arising out of such transactions shall be under the jurisdiction of the courts of NSW Australia.