Terms and Conditions

ONLINE TERMS (SUBSCRIPTIONS)

PART 1 – INTERPRETATION, DEFINTIONS AND GENERAL

1. DEFINITIONS
   1. In these Terms, unless the subject matter or context otherwise requires:

Agreement means the agreement formed between us and you in accordance with these Terms, whereby you have a subscription with us to The Holistic Health Hive through our Website in accordance with these Terms and includes the Privacy Policy.

APP’s means the Australian Privacy Principals under the Privacy Act. 

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).

Corporations Act means the Corporations Act 2001 (Cth).

Costs includes 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.

Fee means the fee you must pay to us for your subscription to The Holistic Health Hive having regard to the Subscription Period and as contained on our Website under the heading ‘Pricing’.

GST means the goods and services tax as provided for by the GST Law.

GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law or Laws means a statute, ordinance, code, regulation, by-law, local law, official directive, order, instrument, undertaking, obligation or applicable judicial administrative or regulatory decree judgement or order and includes the conditions and standards, authorisations, licences, permits, consents, assurances, bonds or similar requirement including all applicable standards and obligations under the common law and at any time means the Laws at that time.

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.

The Holistic Health Hive means the Website owned by us, which 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:

• 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;
• the Website database provides information about different wellness services and their benefits;
• people can search the database on the Website based on the benefits they might be seeking;
• 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.

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

Subscription Period means the period of time in which you subscribe to The Holistic Health Hive through our Website and that we accept in terms of clause 4 of these Terms.

Terms means 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.

1. In these Terms:
2. “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.
3. “you” or “your” means the customer who completes an online subscription to The Holistic Health Hive through our Website; and
4. “your representative” means the person who completes the online subscription to The Holistic Health Hive through our Website on your behalf.
5. INTERPRETATION
   1. In these Terms:
6. words denoting the singular include the plural and vice versa; words denoting individuals or persons include bodies corporate and vice versa; references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
7. party means a party to the Agreement and parties means more than one party;
8. grammatical forms of defined words or phrases have corresponding meanings;
9. references to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
10. reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
11. Related Entity, Subsidiary, Related Body Corporate and Associated Entity as the same meaning as the Corporations Act 2001 (Cth);
12. if the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;
13. references to a party are intended to bind their executors, administrators and permitted transferees;
14. month means a calendar month and year means a calendar year;
15. including and includes are not words of limitation; and
16. obligations under this Agreement affecting more than one party bind them jointly and each of them severally.

PART 2 – formation of agreement  

• Your SUBSCRIPTION with us
  • After you complete the online subscription to The Holistic Health Hive through our Website, we will review your application and provide you with notice in writing as to whether we accept or deny your request for a subscription, which may be decided by us in our absolute discretion.
  • If we deny your request for a subscription to The Holistic Health Hive then you will not be liable to pay us any Fees. There will be no contractual arrangements or agreements between us. If deny your request for a subscription to The Holistic Health Hive then you will have no right or Claim against us whatsoever and howsoever arising.
  • If you complete the online subscription with us for The Holistic Health Hive and we accept your subscription, then an agreement shall be deemed to have been formed between us and you and you acknowledge, agree and warrant that:
• these Terms contain all the terms and conditions governing this Agreement and your subscription;
• you have read and understood these Terms;
• you agree to be bound by these Terms in their entirety;
• you must pay us the Fees in terms of this Agreement; and
• you may only use the Website in good faith and for its intended purpose.
  • Upon having a subscription with us, your business will be shown on our Website in the relevant section having regard to your business and the level of subscription you have with us.
• authority of person WHO completes the SUBSCRIPTION on your behalf 
  • You warrant to us that your representative who completed the online subscription on your behalf is not a minor and has all necessary and delegated power and authority to complete the subscription to The Holistic Health Hive through our Website, to enter into this Agreement on your behalf and bind you to these Terms.
  • You also acknowledge, agree and warrant to us that you will at all times remain liable for all actions of your employees, staff and workers

PART 3 – terms and conditions 

• your SUBSCRIPTION
  • We offer various subscription packages. These are outlined on our Website.
  • All Fees are disclosed to you at on the Website at the time you complete your subscription with us.
  • The subscription packages are subject to change from time to time, together with any Fees associated with those subscription packages. This will be shown at the time you complete your subscription with us, and you will need to accept those fees to complete your subscription with us.
  • Your business will not be shown on the website unless all Fees are paid to us.
  • Your subscription will be for the Subscription Period.
• contract term
  • The Agreement shall end at midnight on the last day of the Subscription Period, unless earlier terminated in accordance with these Terms.
  • If we permit your business to be displayed on our Website after the midnight on the last day of the Subscription Period then this does not prevent us from removing your business from our Website at any time thereafter.
  • Nothing in this clause prevents or restricts you from renewing our subscription with us, which may be in person with us or through our Website (“Renewed Subscription Period”), in which case this Agreement shall continue to apply in all respects for the Renewed Subscription Period.
• our ability to end this contract earlier than your SUBSCRIPTION period
  • We may terminate your subscription with us at any time. If we terminate this Agreement under this clause, the Fees paid by you shall be proportionately refunded to you having regard to the Subscription Period and in the manner reasonably determined by us.  You will have no further right or Claim against us whatsoever and howsoever arising.
• PASSWORD AND ACCOUNT
  • You will be required to establish a user login and password to use the Website.
  • You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
  • 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 outside of your organisation.
  • We do not store your password.
  • If you suspect the confidentiality of your password has been compromised, you must change it immediately via the reset password mechanisms on the Website.
  • 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.
• YOUR DEVICE
  • It is your responsibility to ensure that:
• your Device has adequate security to protect us against all unauthorised use; and
• 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.
• risk and defects
  • You use our Website and The Holistic Health Hive at your sole risk.
  • We make no warranty or representations that:
• the Website and The Holistic Health Hive will be free of all defects or errors; or
• 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.
• payment of fees
  • The Fees must be paid to us at the time of your subscription with us and paid through our Website. If payment is not completed through our Website for any reason, then the Fees will be payable within seven (7) days of us accepting your subscription with us.
  • If for any reason whatsoever the Fees are not paid at the time you complete your subscription for The Holistic Health Hive through the Website (which include as a direct result of any free trial period or a waiver of fees by us for a fixed period of time), then you must pay the Fees to us within seven (7) days after request by us to you.
• goods and services tax
  • If GST is imposed on any supply by us pursuant to this Agreement, then you shall on demand pay to us in addition to any consideration for the supply (“GST-exclusive consideration”), an additional amount calculated by multiplying the prevailing GST rate by the GST-exclusive consideration.
• information data and information accuracy
  • We are not primary data collectors or collators.
  • We are not selling you any data and do not sell any data. We are selling you a subscription which is a facilitation process to enable potential customers of your business to connect with you.
  • Whilst all care and diligence has been exercised in the preparation of data 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 your business information and services contained on our Website for your business is accurate from time to time.
• our intellectual property
  • 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.
• intellectual property of others
  • The Holistic Health Hive website 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.
• force majeure
  • If the displaying of your business information on our website (or other relevant information or documents) is prevented, restricted or interfered with by any reason outside of our reasonable control (which may include due to epidemic, pandemic, infrastructure failure, natural disaster, acts of God, or any law, order, proclamation, decree or requirement of any government or any authority):
• we will be excused from displaying such information or documents on our Website to the extent of such prevention, restriction or interference; and
• we will resume displaying such information or documents on our Website as soon as is practicably possible when such causes are removed.
  • If such suspension continues for longer than two (2) weeks, we will reimburse you the Fees paid by you to us proportionately having regard to the period of force majeure and the Subscription Period and in the manner reasonably determined by us. 
• WARRANTIES EXCLUDED AND indemnity
  • Our Liability to you under this Agreement is, to the full extent permitted at Law, limited to the amount of the Fees which you have paid to us.
  • To the full extent permitted at Law, we shall not be liable to you for any Loss or Liability howsoever occurred or arising, and all implied warranties are excluded. Your sole and exclusive remedy is to terminate this Agreement.
  • You will indemnify us and keep us indemnified from and against any Claim or other proceedings whatsoever bought against or incurred by us (including legal costs on an indemnity basis) and any fines arising out of or in connection with any failure by you to perform or comply with any of the terms and conditions of these Terms, any matters relating to you or any customer of the Website who connects with you, or a breach of a warranty under these Terms by you.
• our website and links to other websites
  • 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.
  • Any links to other websites from our Website are included for convenience only and do not constitute endorsement of the content or its accuracy.
• MODIFICATION OF THE WEBSITE
  • We reserve the right to suspend, discontinue, enhance, update or modify the Website at any time and without any requirement to provide you with notice in this regard.
• assignment
  • You are not entitled to transfer any of your rights, benefits or obligations under this Agreement in any way without our prior written consent in writing, which may be approved or denied at our sole discretion.
  • We are entitled to transfer our interest in this Agreement as we see fit.
• TRUSTEE PROVISIONS
  • If you subscribe to The Holistic Health Hive through our Website and the Agreement is formed with you acting as trustee then you will be bound to these Terms and the Agreement both as trustee and in your personal capacity. You also warrant to us that you are bound by these Terms and enter into the Agreement as part of the due and proper administration of the trust.
• governing law
  • These Terms and the Agreement is governed by and construed in accordance with the laws of Queensland. 
  • Any disputes concerning these Terms, the Agreement or The Holistic Health Hive are to be resolved by the courts having jurisdiction in Queensland.
• GENERAL
  • 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.
  • 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.
  • 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.
• RELATIONSHIP BETWEEN US AND YOU
  • In executing and implementing the Agreement and performing their respective obligations hereunder, the parties intend and agree that nothing in these Terms or as part of this Agreement is intended to or shall create a partnership, joint venture, agency or any other legal entity or employment relationship between them.
  • Neither party is or is intended to be the agent, legal representative, partner, subsidiary, joint venturer or employee of the other.
  • Neither party has the authority to bind or commit the other party to any contract or obligation whatsoever, and neither party shall represent or hold itself out as having any right or authority to do so.
  • This Agreement does not reflect or create a fiduciary relationship or a relationship of special trust or confidence.
• CHANGES TO THESE TERMS
  • We reserve the right to change these Terms at any time, which includes the Privacy Policy.
  • Any updated, varied or amended version of these Terms will be shown on our Website.

PART 4 – PRIVACY POLICY

• GENERAL
  • 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.
  • This privacy policy describes how we collect, use, disclose and safeguard your privacy.
• AUSTRALIAN PRIVACY PRINCIPLES
  • The APP’s are the cornerstone of the privacy protection framework in the Privacy Act and we will comply with these APP’s at all times. This includes in relation to:
• the collection, use and disclosure of Personal Information and Sensitive Information;
• an organisation or agency’s governance and accountability
• integrity and correction of Personal Information and Sensitive Information; and
• the rights of individuals to access their Personal Information
  • In short, the APPs aim to ensure that organisations that hold Personal Information about people, handle that information responsibly.  
• COLLECTING YOUR INFORMATION 
  • You must provide identifying and Personal Information when subscribing to The Holistic Health Hive through our Website. You may need to provide Sensitive Information, although this is not likely or anticipated.
  • 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.
• USE OF YOUR PRIVACY INFORMATION 
  • 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. 
  • 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 at the contacted details contained in Part 5 of these Terms.
  • We only collect Personal Information by lawful and fair means and not in an unreasonable or intrusive way.
  • You are able, at any time, to contact us and gain access to your Personal Information.
  • 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.
  • We do not share information about you (including Personal Information) without your permission unless it is:
• necessary to provide you with the services under this Agreement;
• required or authorised by Law;
• to one of our professional advisors;
• authorised or permitted under these Terms;
• pursuant to a Court order;
• required or authorised by an enforcement body; or
• will prevent or lessen a serious and imminent threat to an individual’s life, health or safety, or to public health or public safety.
• CHANGE OF YOUR PERSONAL INFORMATION
  • If at any time you believe that information we hold about you or your region is incorrect, incomplete or inaccurate, then you may request amendment of it and we will either amend the information or make a record of your request, as we deem appropriate.
• PERSONAL INFORMATION SECURITY
  • We take reasonable steps to protect your Personal Information as you transmit such information from your Device to our Website and to protect such information from loss, misuse, and unauthorised access, use, modification, disclosure, alteration, or destruction.
  • We implement administrative, physical and technical safeguards to protect the confidentiality and integrity of your Personal Information and data which may be transmitted via the internet.  
  • We may 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. 
  • However, 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.
  • 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.

• GOOGLE ANALYTICS
  • 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.
• PUSH NOTIFICATIONS AND EMAILS
  • If your Device is a mobile device then you may from time to time be asked if you would like to receive “Push Notifications”, which may include alerts, badges, banners and sounds. If you choose to allow Push Notifications then the Application will generate Push Notifications on your mobile device and you acknowledge and consent to receipt of these Push Notifications. You may choose to stop receiving Push Notifications at any time.
  • You agree to us sending to you communications by email (“Email Notifications”).  You acknowledge and agree that receipt of Email Notifications is dependent on the operation of your Service Provider.  You may opt out of receiving Email Notifications at any time.
• further INFORMATION or questions
  • If you would like more information about the way we manage Personal Information we hold about you, or you have concerns regarding our handling of your Personal Information, please contact us by the avenues outlined in Part 5 of these Terms.
  • Some information we collect is not Personal Information because it will not reveal your identity and such information is not Personal Information for the purposes of this Part 4 of these Terms.
• Uploading Images
  • 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.

PART 5 – CONTACT US

• Would you like to speak to us?
  • 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’.

Thank you for buying a listing product from the Holistic Health Hive.

We want to ensure that you have a positive experience. Our refund policy outlines the guidelines for requesting refunds through our website. Please read the following instructions carefully:

Eligibility for Refunds

When requesting a refund from the Holistic Health Hive, the following criteria must be met:

• Purchase must have been within the last 30 days
• Payment must have been successfully received for this purchase
• You must be able to provide evidence connecting you to the listing and transaction in question (such as bank statements and confirmation emails)

Initiating a Refund Request

To initiate a refund, simply email info@theholistichealthhive.com with as much detail as possible, as well as everything needed to meet the eligibility criteria detailed above.

Refund Approval Process

Once your refund request has been received, one of the team will be in touch to discuss it further (if required) or to confirm your refund is being processed.

Changes to the Refund Policy

Our refund policy is subject to change without prior notice, and direct customers should check the policy periodically for updates.