Terms and conditions: Agreement for LiveLighter Service use

The terms and conditions of the LiveLighter Website Agreement (‘the Agreement’) apply to the use of the LiveLighter website and mobile site (www.livelighter.com.au), and associated applications, services or information (the LiveLighter Service) made available by us.

In this Agreement, ‘you’ and ‘your(s)’ refers to the person or organisation accessing and using the LiveLighter Service. ‘We’, ‘us’ and ‘our’ refer to The National Heart Foundation (Western Australian Division) ABN 99 863 968 377. The LiveLighter Service is primarily created and maintained for people who live in Western Australia, Victoria, Australian Capital Territory and Northern Territory.

By using or attempting to use the LiveLighter Service you signify that you accept the terms and conditions of this Agreement. Please check this page regularly, as you will be legally bound by updated or additional terms that may be included in this Agreement from time to time.

Ownership

This website is owned and operated by the National Heart Foundation of Australian (Western Australian Division) ABN 99 863 968 377.

Privacy Notice

We respect and uphold your right to privacy. For further information regarding how we deal with your personal information please see our Privacy Notice.

Visiting our website

The LiveLighter website may use cookies to track site visits and navigation within the LiveLighter website. If you are concerned about the use of cookies, your browser can be configured to notify you when you received a cookie, and provide you with the opportunity to accept or reject it. You may refuse all cookies from the LiveLighter website however some functions may be unavailable.

Information quality

Although we have exercised due care in ensuring the accuracy of the information provided by the LiveLighter Service, it is provided for general education and information only. We make no warranty that the content is accurate, current or complete, and we take no responsibility for any error or omission in the content.

LiveLighter Service availability

We may change or discontinue the LiveLighter Service without notice and we make no warranty that you will be able to access or use the LiveLighter website at times or locations of your choosing.

We do not warrant that the LiveLighter Service is free from anything which may damage any device used to access the LiveLighter Service, or that the Service is free from defects, works in a particular way or will not be subject to interruption or delay. We are not responsible for the deletion or failure to store any content you may have generated in connection with your use of the LiveLighter Service.

Indemnity, Disclaimers and Limitation of Liability:

General:

While due care has been taken in the preparation of the content of this website we make no representations regarding the accuracy, currency or reliability of the information provided, and note there may be errors, omissions and typographical errors contained in the material provided.

The LiveLighter Service and the material it contains are provided on an as-is basis, and to the fullest extent permitted by law we disclaim all warranties. In addition we do not warrant that this website is error free or that the website and/or the servers it is hosted on are free of viruses, Trojans or other malicious software.

Your use of the LiveLighter Service is at your own risk. To the extent permitted by law, we and all our employees, directors, officers, committee members, honouraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators are excluded from liability (including from liability by reason of negligence) for any loss, damage, cost or expense, whether direct, indirect, consequential or specific, caused by use of or reliance on the LiveLighter Service or any linked third party website.

Health and medical:

We make no guarantees that by using the LiveLighter Service you will achieve your desired weight.

Information provided by the LiveLighter Service is made available for the benefit of the public and is not intended to replace medical advice from a health professional. We encourage you to seek advice from a qualified health care professional before you make changes to your diet, eating or exercise habits. We do not accept liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying upon any information provided by this Service.

Links to external services and third party websites

This Service may provide links to external services and third party websites. This may include, but is not limited to, hyperlinks to third party websites, paid advertisements and mention of program sponsors. None of these things is to be taken as an endorsement, recommendation or approval of the third party, advertiser or sponsor or their products or services.

We do not warrant that any external service or content on third party website is accurate, authentic, suitable or complete and we are not liable in relation to external services or third party websites, nor do we warrant that third party websites are free of viruses, Trojans or malicious software. Any use or reliance on such services or content is at your own risk and we do not accept liability of any loss, damage, costs or expenses arising as a result of use or reliance.

We do not control, and are not responsible for, the content or privacy practices of the external services or third party websites we provide links to: please check the Privacy Policies on other websites before your provide your personal information to them.

The provision of a link to an external service or third party website does not authorise you to reproduce, adapt, or modify the material provided by that service or website.

The inclusion of any electronic contact mechanism, including but not limited to any email address, Facebook page or Twitter account, on this Service does not represent consent by us to receiving unsolicited commercial electronic messages or SPAM.

Providing a link to this website from another site

We grant you permission to link to the LiveLighter Service subject to the following terms and conditions:

  1. No responsibility or liability lies with us (or any employee, agent or servant) for any errors or omissions resulting from use of the LiveLighter Service.
  2. Under no circumstances should your site use the link to the Livelighter Service to provide specific product or service endorsement or promotion. Nor should the link be placed to imply product or service endorsement or be associated with commercial interests.
  3. The function of the LiveLighter Service includes the promotion of healthy eating and physical activity to the people of Western Australia and links to its website shall not imply directly or indirectly that cigarettes, junk food, drugs or alcohol are related to the LiveLighter Service.
  4. When applicable, the following wording is to be used to describe the LiveLighter Service: "The LiveLighter website includes information, tips, advice and recipes as well as a free app to help people maintain a healthy weight through healthy eating and physical activity."

We reserve the right to withdraw permission to link to this website at any time and you agree to remove any link to this website on receiving such notice from us.

Downloadable material

We make downloadable documents, software and other materials available under the following conditions:

  1. Downloadable material on this Service is provided on the basis that you will conduct any necessary virus scanning and other checks so as to protect your data, device and software systems and those of any other person;
  2. You agree that we will not be under any liability to you for any loss, injury or damage however caused (including by negligence) that arises in any way from the use of the downloaded material;
  3. If you provide the downloaded material to another party you should bring the other party’s attention to these conditions.

Intellectual Property

All content related to the LiveLighter Service including logos, brand names, text, photographs, information, images and other material is protected by copyright, trademark and intellectual property laws in Australia. The LiveLighter Service is managed by the Heart Foundation and Cancer Council WA under contract with the Department of Health. The copyright for LiveLighter rests with the Department of Health Western Australia.

Apart from the uses permitted under the Copyright Act 1968 (Cth) and any uses specifically authorised by this Agreement, you may not in any form or by any means amend, edit, adapt, transform, create derivative works or otherwise deal with copyright material related to the LiveLighter Service in a manner that modifies it in any way without prior written permission from the Department of Health, or the Heart Foundation as a delegated authority. We reserve the right to grant or refuse permission or to impose any conditions on any permission that is granted.

You may reproduce, store, print, share or distribute a reasonable amount of copyright material related to the LiveLighter Service for non-commercial purposes only. Where reproduction is permitted we assert our rights to be recognised as the authors.

Your use and responsibilities

You may only use the LiveLighter Service for personal, non-commercial purposes and in accordance with this Agreement and any policy posted on the LiveLighter website.

You may only use the LiveLighter Service for lawful purposes and in accordance with this Agreement and any policy posted on the LiveLighter website only. You may not engage in any conduct in relation to the LiveLighter Service that:

  1. Could damage or impair our servers or networks;
  2. Gains or attempts to gain unauthorised access to the LiveLighter service, user accounts, computer systems of networks;
  3. Interferes with any other party’s use of the LiveLighter Service;
  4. Constitutes a criminal offence or gives rise to civil liability, or encourages such conduct;
  5. Promotes the sale of any item; or
  6. Is offensive, threatening, defamatory or deceptive;
  7. Brings the Heart Foundation WA, Cancer Council WA or Department of Health into disrepute.

You may not use the LiveLighter Service to transmit unsolicited bulk communications, or harvest information about users of the LiveLighter Service for the purpose of sending unsolicited bulk communications.

Termination

We may cancel or suspend use of the LiveLighter Service at any time, without cause and without notice.

If you opt in to the LiveLighter interactive services and you wish to terminate your relationship with the LiveLighter Service you may click the ‘Unsubscribe’ link that will appear at the bottom of all communications from the LiveLighter Service.

Notices

You agree that we may send you in electronic form any notices or communications (Notices) relating to the LiveLighter Service. Any Notice shall be deemed effective the day we send it.

Third parties

You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.

Governing law

This Agreement is governed by the laws of Western Australia.

Entire agreement

This Agreement, together with other documents referred to in it, constitutes to entire agreement between you and us relating to the LiveLighter Service.

Severability

The invalidity or unenforceability of any provision of this Agreement shall not affect the rest of the provisions in this Agreement, which will continue in full force and effect.

No waiver

If you or we fail to exercise any right to remedy under this Agreement, that failure will not operate as a waiver of that right to remedy, or prevent it from being exercised subsequently.

Contact Details

Should you have any queries or concerns regarding this Agreement please contact the LiveLighter Service administrator by emailing: livelighter@heartfoundation.org.au