Disclaimer

ONLINE TERMS AND DISCLAIMER FOR ALL USERS

1. OUR WEBSITE AND GENERAL
   1. The Holistic Health Hive Website is intended to make it easier for people to find something that will enable them to be healthy physically, mentally, emotionally, socially and spiritually, and in this regard:
2. the Website is designed to connect people to different things in the wellness space that they might not be aware of because there is nothing that connects all these things together and allows people to easily access information about them;
3. the Website database provides information about different wellness services and their benefits;
4. people can search the database on the Website based on the benefits they might be seeking;
5. for each type of wellness, there are also different businesses or practitioners that people can access to assist them on their journey to good health.
   1. You can read about us further under the heading “About” on this Website.
   2. In these Terms:
6. “us” or “we” or “our” means the Owner and includes its successors and assigns or any person acting on behalf of and with its authority; and
7. “you” or “your” means the customer who completes an online subscription to The Holistic Health Hive through our Website.
8. no cost to you
   1. You may use our Website free of cost to you.
9. use of our website
   1. You agree that your use of our Website is strictly in accordance with these Terms.
10. YOUR DEVICE
    1. It is your responsibility to ensure that:
11. your Device has adequate security to protect us against all unauthorised use; and
12. the process you employ to obtain access to the Website and The Holistic Health Hive does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Device or otherwise cause you or any person Loss, damage or corruption.
13. risk and defects
    1. You use our Website and The Holistic Health Hive at your sole risk.
    2. We make no warranty or representations that:
14. the Website and The Holistic Health Hive will be free of all defects or errors;
15. the information you save in the registration process (including saved searches) will be at all times available; or
16. the Website will be free from viruses or other conditions that could damage or interfere with data, hardware or software owned by you or on your Device.
17. information data and information accuracy
    1. We are not primary data collectors or collators. We are not selling you any data and do not sell any data.
    2. We are also not medical experts or qualified in any medical fields.
    3. We offer a facilitation process to enable potential customers of to seek information (including medical information) from business. We “connect” people to assist them be healthy physically, mentally, emotionally and spiritually.
    4. We have taken proper care and precautions to ensure that the information we provide on our Website is accurate.  However, we cannot guarantee, nor do we accept any liability arising from or connected to, the accuracy, reliability, currency, or completeness of anything contained on our Website or on any linked site.
    5. Any information or links to other websites from our Website are included for convenience only and do not constitute endorsement of the content or its accuracy.
    6. Whilst all care and diligence has been exercised in the preparation of data and information for the Website, we (and our associated parties and employees) do not warrant the accuracy of the information and we accept no liability for any Loss, Claim or damage that may be suffered by you or anyone else as a result of reliance of the information or documents on the Website. It is your responsibility to ensure that you obtain professional advice from an appropriately qualified person. The information, data and listings of business information and services contained on our Website for your ease of reference and convenience only. It does not constitute any form of advice and we make no representations or warranties to you in relation to its accuracy.
18. RISK, WARRANTIES EXCLUDED and indemnity
    1. You use our Website at your sole risk.
    2. To the full extent permitted at Law, we shall not be liable to you for any Claim, Loss or Liability howsoever occurred or arising, and all implied warranties are excluded to the full extended permit at law.
    3. You will indemnify us and keep us indemnified from and against any Claim or other proceedings whatsoever bought against or incurred by us arising out of or in connection with your use of our Website.
19. MODIFICATION OF THE WEBSITE
    1. We reserve the right to suspend, discontinue, enhance, update or modify the Website at any time and without any requirement to provide notice to anyone.
20. intellectual property
    1. The Holistic Health Hive website, the information and documents on our Website form part of our intellectual property (“Intellectual Property”). We do not give you any right, title or interest in the Intellectual Property or any part of it. You must not do anything, or cause anything to be done, which interferes with or breaches any Laws or the Intellectual Property rights owned by us.
    2. The Website also utilises third party data (being other business owners information and data).  Any third-party data displayed on The Holistic Health Hive remains the property of that third party and you must not use any third party data under any circumstances. It is your responsibility to read and understand the privacy policies of these organisations before you use and/or reproduce their materials.
21. ONLINE REGISTRATION
    1. You may, but are not required to, complete an online registration on our Website under the heading “Register”.
    2. If you register on our Website then can be part of our newsletter subscription, you can add favourites and you can save your searches completed on our Website.  
    3. We may cancel your registration with us at any time and without being required to provide a reason to you.
    4. We provide no warranty to you in relation to
22. PASSWORD AND ACCOUNT (ONLINE REGISTRATION ONLY)
    1. To register an account with us you will be required to establish a user login and password.
    2. You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
    3. You must not reveal your password in any way and to any person outside of your organisation and must take all reasonable steps to ensure that your password is keep confidential and secure. You warrant that you will not under any circumstance cause (or permit) the login details to be provided to anyone else.
    4. We do not store your password.
    5. If you suspect the confidentiality of your password has been compromised, you must change it immediately via the reset password mechanisms on the Website.
    6. We are not under any circumstances liable to you for any Claim, Loss or Liability you sustain or incur as a result of the misuse of your user login or password, or due to the activities of any third party.
23. governing law
    1. These Terms is governed by and construed in accordance with the laws of Queensland. 
24. GENERAL
    1. If any term clause or provision of these Terms shall be or shall be deemed to be judged invalid for any reason whatsoever, such invalidity shall not affect the validity or operation of any other term clause or provision of these Terms except only so far as may be necessary to give effect to such invalidity.
    2. No waiver by any party or a right or a default hereunder shall be deemed a waiver by such party of any subsequent right or default whether of a like nature or otherwise.
    3. The parties acknowledge and agree that they have consented to all communication and information being sent and received by facsimile or other electronic methods of communication pursuant to the provisions of the Electronic Transactions (Queensland) Act 2001.
25. Would you like to speak to us?
    1. If you would like to discuss these Terms with us, then you may contact us on the details included on our Website under the heading ‘Contact’.
26. PRIVACY POLICY (applies if personal information is collected with a registration)
    1. We recognise the importance of your privacy and understand concerns about the security of your Personal Information and Sensitive Information. We are strongly committed to protecting your privacy and the Personal Information and Sensitive Information that you may provide to us.
    2. You must provide identifying and Personal Information when registering to The Holistic Health Hive through our Website. You may need to provide Sensitive Information, although this is not likely or anticipated.
    3. Personal Information is, generally speaking, information that can be used to identify you. Sensitive Information includes information about someone’s race, ethnic original, political association, regions beliefs, philosophical beliefs or other matters of this sort.
    4. We will only use your Personal Information for the purposes for which you gave it to us and for permitted marketing under these Terms. We will never rent or sell your Personal Information, including your email address. 
    5. We may also use your Personal Information for marketing purposes. If you don’t want to receive newsletters, marketing promotions and offers, you can opt out by contacting us.
    6. We only collect Personal Information by lawful and fair means and not in an unreasonable or intrusive way.
    7. You are able, at any time, to contact us and gain access to your Personal Information.
    8. We may occasionally engage other people or companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or otherwise. Those people or companies will be permitted to obtain only the Personal Information they need to deliver that service to us and/or to you on our behalf. We will take reasonable steps to ensure that these people or organisations are bound by confidentiality and privacy obligations in relation to the protection of your Personal Information.
    9. We do not share information about you (including Personal Information) without your permission unless it is:
27. necessary to provide you with the services under this Agreement;
28. required or authorised by Law;
29. to one of our professional advisors;
30. authorised or permitted under these Terms;
31. pursuant to a Court order;
32. required or authorised by an enforcement body; or
33. will prevent or lessen a serious and imminent threat to an individual’s life, health or safety, or to public health or public safety.
    1. We use ‘cookies’ to store information provided by your browser when you visit our Website.  This includes the date and time of your visit, the pages accessed and any documents downloaded. This enables us to keep track of Services you use so that, unless you have opted out, we can send you news about those Services. We also use cookies to measure demographic usage patterns to determine which areas of our Website have been visited and to improve our Services
    2. Whilst we take reasonable precautionary steps, you should keep in mind that the transmission of any information over the internet is not completely secure or error-free and we are unable to make any guarantee to you in relation to the secure transmission of information by over the internet including via our Website
    3. We may use Google Analytics to collect information about how people use our Website. Google Analytics collects information including but not limited to browser type, version and language, operating system, pages viewed while browsing the Website, page access times and referring website address. This collected information is used solely internally for the purpose of gauging Website traffic, traffic sources, sales, trends and delivering personalised content to you while you are at the Website. By agreeing to these Terms, you consent to the collection of information by Google Analytics.
    4. If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
    5. Articles on our Website may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
34. DEFINITIONS
    1. In these Terms, unless the subject matter or context otherwise requires:

Claim includes any complaint, demand, loss, action, suit, cause of action, proceedings, arbitration, debt due, accounts, costs and expense (including any legal costs and expense), claim, demand, verdict or judgement arising under the provisions of any statute, award, common law, order or determination (whether or not known) at the date in which you subscribe to The Holistic Health Hive and includes but without limitation incurred by, or to be made or recovered by, or against the person, in respect of any Loss, Liability or Costs of every description whether ascertained or unascertained or immediate, future or contingent and whether arising under any Laws, or whether occurring out of negligence or otherwise (including without limitation, any claim brought by way of subrogation, whether in the name of the claimant or the subrogated party).

Costs include all costs, disbursements, charges, fees and expenses, including solicitors’ costs on an indemnity basis.

Device means your device platform, which may include a PC, Smartphone or other mobile communications device.

Holistic Health Hive means The Holistic Health Hive described in clause 1.1 herein.

Liability includes any liability for any loss which arises directly or indirectly out of, or in connection with, any threatened or actual Claims.

Loss means any loss, injury, damage, cost, charge, expense, compensation, fine, penalty, and/or compulsory payment, and includes any direct, indirect, economic, consequential or special loss.

Owner means Trudy Heins.

Personal Information has the meaning defined under the Privacy Act.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Policy means the Privacy Policy contained on the website, which acts in addition to any privacy terms contained in these Terms and to the extent of any inconsistency, these Terms prevail.

Sensitive Information has the same meaning given by the Privacy Act.

Terms mean these The Holistic Health Hive terms and conditions.

Website means The Holistic Health Hive website, being www.theholistichealthhive.com, and includes all associate web pages (if any) and any underlying website code.