Note: You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.YOUR PRIVACY
“Confidential Information: means any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain and may include health, financial, business structures, methods, procedures and personal information.
“Content” means any and all material, links, words, images including but not limited to any goods and services on the website.
“Materials” includes recipes, newsletters, reports, audio, literature, DVDs, written documents, questionnaires, videos, or other material which may be provided to assist and enable the Services to be performed.
“Member” means a member to the Services on this website.
“Services” means access to online courses and programs on general health management, wellness, and includes diet and food information, study techniques, general preparation for course testing, exams and other educational materials to help with the management of general health and well-being.
“the website” means nostudentdown.com.au
“We”, “our” and “us” means No Student Down, nostudentdown.com.au and includes all officers, directors, employees, contractors and affiliates.
“You” means a Member, or any user of our Services and by doing so, agree to these Terms.
MEMBERSHIPS FOR PROGRAMS
You need to first fill in your registration details and pay the membership fee in advance in order to sign up to our website to receive our courses, newsletters, information and any associated services.
There are 3 types of Membership options:
AGREEMENT FOR MEMBERSHIP SERVICES
When you join our programs and use our Services, you acknowledge and agree to the following:
PROGRAM TERMS DISCLAIMER
In providing our Materials and Services, we are providing you with facts, information, insights and ideas only, in order to assist you to conduct a healthy lifestyle. This may include providing tips and recommendations for studying, working and general well-being life management tools. It is at no time to be construed as personal advice. It does not take into account your individual health, medical, physical or emotional situation or needs. It should not be used, relied upon or treated as a substitute for professional healthcare advice and you should, before using or acting on any of this information, consider the appropriateness of this information having regard to your own personal situation and needs. The information contained in our programs or on our website should not be used for diagnosing any health, fitness, well-being, medical or other condition and is not meant to substitute any professional dietary advice or treatment.
If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after following any regime, or change to diet or lifestyle, or you find you may have or be experiencing side effects, you should promptly contact your health care provider. Any statements regarding dietary supplements, food or stress management tools are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any illness or medical condition
Because there is always some risk involved when changing diet and lifestyles, you agree we are not responsible for any adverse effects or consequences that might result or you may experience. Please do not apply the information in our Programs, Materials or otherwise accessed on or through this website if you are not willing to assume the risk. We are in no way liable or responsible for any consequences you may suffer or incur as a result of using our Services.
We also do not guarantee that any information in our online courses and Services will change your health or well-being. We do, however, provide our experience, insights, perspectives and recommendations in order to assist you and provide you with tools and information to help you with your health and wellness needs.
REFUND AND TERMINATION
REFUND: We want you to be happy with our Services. If you are not happy with our Services and wish to request a refund, contact us in writing within 28 days of your purchase date at firstname.lastname@example.org. Please provide a reason for your request for refund so that we may understand better and try to improve our Services. We will then provide a full refund to you in the same manner you have made your initial payment.
We at all times abide by the Australian Consumer Law in relation to any guarantees for our Services.
WE MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME: We may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not required to provide any refund or part thereof to you for such termination of your membership. Any refund may be determined in our sole discretion.
OWNERSHIP OF INTELLECTUAL PROPERTY
Materials are provided to clients from time to time during and to enable provision of the Services. All Materials are provided without warranties of any kind, both express and implied. Any Materials, images, analyses, processes, discussions and other intellectual property, both tangible and intangible which is provided or may be developed and provided from time to time during the Services is and will remain the property of www.nostudentdown.org at all times. No materials may be reproduced or used for any purpose other than the personal private use of the individual client.
At no time may it be reproduced and provided to third parties without the express written permission of www.nostudentdown.org.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, program, the Services or any information contained on it, accessed or linked to it.
In using our Services, you agree you are doing so at your own risk and we cannot be held responsible for the action you may decide to take based on your decisions or actions that may result from our Services. You agree that some of our Services may involve health and wellbeing management discussions. The information and Services provided by us are not intended as nor should they replace medical services or services and discussions with other qualified professionals.
For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss, injury or death.
This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on this Service.
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Services: To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.