Balance2life Terms of Use

Before accessing and using the Services, please read this Agreement carefully because it is a legal agreement between Balance2life and you.

Balance2life Group (“Balance2life ” or “we”, “us”, “our”), provides access to our Online Platform located at balance2life.com.au (the “Online Platform”), subject to your acceptance of these Terms of Use (“Terms”). These Terms apply to you when you access and use our Online Platform.

By using and browsing the balance2life website (the Online Platform) you agree to the terms and conditions as set out below together with the terms of the balance2life privacy policy as set out in the balance2life Privacy Statement on this website.

If you do not agree to any term of this Agreement, please do not access the Balance2life member website.

Privacy 

Your privacy is extremely important to us. Our privacy policy explains what personal data we collect from you and how we use it.

Acceptance of Terms of Online Platform Use

balance2life does not warrant that your access to the Online Platform will be uninterrupted and free of infection, viruses or other items that might damage or interfere with your computer, data or personal information. You may not do anything that interferes with the operation of the Online Platform, such as hacking or spamming.

Please note: Balance2life does not provide medical advice, diagnosis or treatment, and does not provide legal or financial advice or engage in any conduct that requires a professional license. Balance2life is intended to be a general information resource only and is not a substitute for professional advice or treatment from appropriate medical, legal, accounting, financial or other professional advisers.

User Information and Email Communications

To access the Online Platform, you may be required to register by providing basic information (such as name and email address) which will be dealt with in accordance with the Privacy Policy. 

In connection with your registration to use the Online Platform, you are agreeing that balance2life can periodically send you emails, newsletters and other communications regarding its services and membership benefits. Should you prefer not to receive any email, newsletter or other communication from balance2life, you may “opt-out” by changing your communications settings within your member profile or clicking on the unsubscribe button located within the correspondence. 

You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. 

SMS and MMS

From time to time we will distribute information via SMS and MMS. We will not distribute information using these means if requested not to. Members are able to ‘unsubscribe’ from such forms of communication and clear instructions regarding how to do so are detailed in all such communications.

Feedback

Support and feedback mechanisms are provided to improve the quality of the Online Platform and the effectiveness of our service. By using these mechanisms, you agree that all content, suggestions and feedback become the sole property of balance2life without compensation or the need for attribution.

Acceptable and Lawful Use of the Online Platform

You agree to comply with all applicable laws regarding use of the Online Platform.

You agree to notify balance2life immediately of any unauthorised use of your account or password, or any other breach of security. You may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account and password. While using the Online Platform or any related services, you agree not to:

• restrict or inhibit any other user from using and enjoying the Online Platform,
• upload or transmit any content which is unlawful, fraudulent, harmful or obscene,
• breach copyright or impinge other intellectual property rights,
• upload or transmit any form of unauthorised solicitation (including spam),
• upload or transmit any malicious content or disruptive component (including viruses and worms),
• probe, scan or test the vulnerability of the Online Platform or any network connected to the Online Platform,
• interfere with or disrupt the Online Platform infrastructure (including denial of service attacks),
• upload or transmit content that you do not have a legal right to transmit,
• forge headers or manipulate identifiers in order to disguise the origin of a transmission,
• intentionally violate any applicable law,
• attempt to sell or illegally profit from the Online Platform, including disassembling or accessing underlying code,
• share, copy or misuse information with any unauthorised person,
• collect or store personal data about another user of the Online Platform, or
• impersonate another user of the Online Platform or gain access by impersonating another person or entity

No Warranties

To the full extent permitted by law all content appearing on the Online Platform (including text, graphics, photos, logos, icons, images, software, video and audio clips) (the Content) is provided “as is” and balance2life disclaims, to the full extent permitted by law, all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.

You assume total responsibility for your use of the Online Platform and any linked websites or services. Your sole remedy against balance2life for dissatisfaction with the Online Platform or any content is to stop using the Online Platform or any such content. 

Limitation of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Online Platform, copying, distributing, or downloading Content from the Online Platform.

To the extent permitted by law, balance2Life is not liable for any indirect, consequential or reasonably foreseeable loss or expense suffered by you or any other person or entity, howsoever caused, (regardless of whether we have been notified that such loss may occur) including but not limited to loss of turnover, profits, business or goodwill or any liability to any other person or entity, except to the extent of any liability imposed by the ACL.

Indemnification

You agree to indemnify and hold harmless Balance2life from any and all loss, damage, liabilities, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and lawyer’s fees resulting from your use of the Site) whether based in contract or tort (including strict liability) and regardless of the form of action.

Links to Other Web Online Platforms

The Online Platform contains links to independent third-party websites. Those linked websites are provided for convenience only and whilst carefully chosen, are not under the ownership or control of balance2life. We do not endorse or make any representations about these sites. You must make your own independent judgment regarding your interaction with these linked websites. Balance2life has no responsibility for the content of third-party linked websites and if you decide to access any of these, you do so entirely at your own risk.

Products and Services

You assume all risk in association with the goods and or services that you purchase through the Online Platform. Any complaints or issues regarding any such goods or services must be directed to the seller or provider of the good or service, and not to Balance2life. Discounts may be updated or removed by Balance2life or the discount vendor at any time, without notice.

Intellectual Property – Copyright, Trademark and Disclaimer Notices

Unless otherwise indicated, all intellectual property rights (including the various rights conferred by Law and in relation to copyright, patents, trademarks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) (whether registered or unregistered) in:
a) the content of the Online Platform and Services;
b) the Online Platform; 
c) any database operated by balance2life; and
d) the Online Platform design, programs, text, graphics, logos, icons, sound recordings, video, software, photos, music, layout, format, arrangement, all software compilations and underlying source code are owned by or licensed to balance2life.

Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved. 

Balance2life grants employees of participating companies with a current membership a personal, limited, revocable, non-exclusive and non-transferable license to access, view, listen to, use and print the Online Platform. Otherwise, to the extent allowed by law, no part of the Online Platform may be reproduced, redistributed, retransmitted, published, broadcast, displayed, posted or transmitted in any form, sold, rented or sub-licensed and used to create derivative works without our prior express written permission.

The following are examples of conduct that are not authorised by these terms:
a) sharing content from the Online Platform or your account with other persons who do not have direct access to the Online Platform. 
b) publishing or posting any of the content (such as recipes, articles or programs) on any other website, including on social media pages or third party websites;
c) using the logo or trademarks of Balance2life to describe, market, endorse or promote any goods or services;
d) registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with or endorsement by Balance2life.
Any ideas, notes, drawings, concepts, plans, invention, systems, database information, products, or processes developed or created in whole by Balance2life during the term of this Agreement, shall be the sole and exclusive property of Balance2life. 

The contents of the Online Platform are protected by copyright and is subject to the Copyright Act 1968 (Cth) together with all other laws which may be applicable to the use of the content and intellectual property in relation to the Online Platform and to enable Balance2life to conduct its business You may access the materials located within the Online Platform only for non-commercial, personal use. When you download copyrighted material you do not obtain any ownership rights in that material. Any other use of materials on the Online Platform, including reproduction for purposes other than those noted above, modification, distribution, or re-publication, without the prior written permission of balance2life, is strictly prohibited.

Termination

Your right to access the Online Platform will terminate if you are no longer eligible to access balance2life services. You are eligible only if your employer has a current active membership for its employees. Should your employment terminate then your balance2life membership will also terminate. It is a breach of the Terms of Use to continue the use of the balance2life services under these circumstances. You understand that balance2life may in its sole discretion terminate your ability to use the Online Platform if you breach the Terms of Use.

Entire Agreement, Updates and Modifications

As we add new features these Terms of Use may change. We will provide you with notice of any changes to the Terms and Conditions via the online platform or email. You are advised to review these terms periodically for any changes.

We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Online Platform. If you access the Online Platform at any time after such a change is posted, then you are deemed to have accepted and agreed to all of the revisions.

If you have any questions about these Terms, contact us at info@balance2life.com.au

Last updated 16 May 2019