Sprout & Thrive
WEBSITE TERMS AND CONDITIONS OF USE
About the Website
Welcome to www.sproutandthrive.com.au (Website). The Website is operated by GA Services Pty Ltd t/as Sprout & Thrive (ABN: 56 677 209 460).
The Website provides you with an opportunity to browse the site and Sprout & Thrive‘s services (Services).
Access to and use of the Website, or any of its associated Services, is provided by Sprout & Thrive. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
Sprout & Thrive reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take effect 14 days from the date of their publication, and Sprout & Thrive will take reasonable steps to notify you of any material changes. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by accessing, using, browsing or transacting on the Website.
Information Disclaimer
Any information, advice, content or documentation provided on the Website, through the social media accounts, or on any other related platform does not constitute professional or other advice and is provided for general information and guidance purposes only.
All care is taken in the preparation of the information and published materials on the Website, social media accounts, podcast, or on any other related platform. Sprout & Thrive does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
To the extent permissible by law, Sprout & Thrive will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, social media accounts or on any other related platform.
Registration for Services
If you choose to register for Services provided by Sprout & Thrive, or make an appointment for Services, where this option is made available to you, you acknowledge and agree that all information you provide will be true and accurate.
All appointments booked via the Website are subject to availability and confirmation by Sprout & Thrive. You acknowledge that Sprout & Thrive may cancel or reschedule a booked appointment at its discretion, and if this occurs you will be notified by email with as much notice as is reasonably practicable.
You acknowledge and understand that using the Website to make a booking, register for Services or general use of the Website does not establish a physiotherapist and patient relationship, and such relationship will only be established upon the provision of professional Services.
Copyright and Intellectual Property
The Website is subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the material on the Website and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes and are reserved by Sprout & Thrive or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Sprout & Thrive, which grants you a worldwide, non-exclusive, royalty-free, revocable license to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c)print pages from the Website for your own personal and non-commercial use.
Sprout & Thrive does not grant you any other rights whatsoever in relation to the Website or the material on the Website. All other rights are expressly reserved by Sprout & Thrive.
Sprout & Thrive retains all rights, title and interest in and to the Website. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c)a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of Sprout & Thrive and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the material on the Website for any purpose, unless otherwise provided by these Terms.
Privacy
Sprout & Thrive takes your privacy seriously, and any information provided through your use of the Website is subject to Sprout & Thrive's Privacy Policy, which is available on the Website.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
Use of the Website is at your own risk. Everything on the Website is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Sprout & Thrive make any express or implied representation or warranty about the material on the Website.
Limitation of liability
Sprout & Thrive's total liability arising out of or in connection with the Website or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the material on the Website to you.
You expressly understand and agree that Sprout & Thrive, its affiliates, employees, agents, contributors and licensors will not be liable to you for any indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Mailing List Registration
You may be given the option to register for the Sprout & Thrive Mailing List (Mailing List).
As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including your name and email address.
If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Sprout & Thrive.
Indemnity
You agree to indemnify Sprout & Thrive, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content, materials or information you submit to or post on the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c)any breach of the Terms.
Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Queensland, Australia.
Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of Queensland, Australia.
Independent Legal Advice
You acknowledge that you have had the opportunity to obtain independent legal advice before accepting these Terms.
Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.