In This User Agreement:
“Account” means your account on this website corporate, business or personal.
“Customer” means a User of The Collective Elite Services.
“The Collective Elite”, “we”, “our”, or “us” means ABN 16 625 620 887.
“Intellectual Property Rights” refers to all intellectual rights including but not limited to: (a) copyright, patents, registered designs, trademarks, and any right to have confidential information kept confidential; and (b), whether or not such privileges are listed or capable of being listed and whether current under any laws.
“The Collective Elite Services” means services delivered by The Collective Elite.
“User”, “you” or “your” means any entity who uses the website
“User Contract” means :
- this User Agreement;
“Website” refers to the websites operated by The Collective Elite and any connected The Collective Elite services, implements or applications.
By purchasing on and using the Website, you acknowledge and agree to the subsequent terms with The Collective Elite.
We might change User Agreement along with any related material as required by posting amended terms on the Website.
The Services are provided by The Collective Elite. (“The Collective Elite”), located at VIC 3192.
The Website is an online place where Users utilise The Collective Elite Services.
As you start utilising The Collective Elite Website, read the whole User Agreement, relevant terms and all related information.
You will refrain from using The Collective Elite Website if you:
- barred form legally binding contracts; or
- are below the age of 18; or
- a person forbidden from receiving services under the rules of Australia or other appropriate jurisdiction; or
- are banned from using The Collective Elite Website.
Subject to your native rules, an individual over 16 but under 18 can use the website with consent of a guardian (account owner). Though, the account owner is accountable for entirety performed with that account.
4. Using The Collective Elite
While using The Collective Elite Website, you will not:
- infringe any laws, third party rights or our policies;
- work with false, inaccurate, misleading, defamatory or offensive content;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm The Collective Elite, the Website, or the interests or property of The Collective Elite users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with The Collective Elite Website;
- copy, modify or distribute rights or content from The Collective Elite Website or The Collective Elite‘s copyrights and trademarks; or
- harvest or otherwise collect information about Users, including email addresses, without their consent.
You represent and warrant that your content:
- will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
- will not violate any law or regulation;
- will not be defamatory or trade libellous;
- will not be obscene or contain child pornography;
- will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
- will not contain material linked to terrorist activities
- will not include incomplete, false or inaccurate information about User or any other individual; and
- will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.
6. Account Terms
You are responsible for your account credentials and security and maintaining the security of these. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content added to The Collective Elite and activity that occurs within your account;
- You may not use The Collective Elite for any illegal purpose or to violate any laws (including but not limited to copyright laws);
- You are responsible for properly managing users of your account, all activity performed by your users;
- You are responsible for assigning appropriate permissions and responsibilities to your users, managing these and any actions performed by your delegates.
7. Right To Review
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.
8. Right To Refuse Service
We might chose to close your account, at our sole description, including but not limited to the reasons outlined below:
- if we conclude that you are in breach of our terms and conditions, or are not acting on terms of this agreement;
- if you breached a law;
- if you breached someone’s Intellectual Property Rights;
- if you engage in fraudulent or deceptive activities;
- we are required to do so by law;
- you might result in risk to us;
- you result in loss to us;
- you are offending or a risk to another user;
- for other similar reasons.
If we decide to close your account due to this agreement you will become liable to pay all your outstanding fees and settle your account in full
You will protect us (and our directors, officers, agents, and employees) against any entitlement or request, including permissible costs and fees arising out of or due to your acting in contradiction to this Agreement, or your breach of any laws in the course of using The Collective Elite Website and The Collective Elite Services.
We’re keen to safeguard all the information you supply to us, striving to keep it secure and that you’re responsible for who can access it. Ensuring your privacy is protected and your material is a top priority at The Collective Elite. We have taken vigilant procedures to safeguard your information. We’re constantly analysing, reviewing and improve the security of our site. We work continually to guarantee that The Collective Elite’s authentication and safekeeping processes are amongst the best in the industry.
You must instantaneously inform us upon becoming alert of any unauthorised use or any other safety breach to the Website or The Collective Elite Services and do all that is possible to diminish the security breach or unauthorised access (together with conserving evidence and informing suitable authorities). You are exclusively accountable for safeguarding your password. We will not be accountable for any damage or harm arising from unauthorised access consequential to your inability to protect your password.
11. The Body Guide and The Body Handbook Use Terms
All material in The Body Guide and The Body Handbook is provided for customers’ information only and may not be construed as medical advice or instruction. No action or inaction should be taken based solely on the contents of the information; instead, customers should consult appropriate health professionals on any matter relating to their health and well-being. The information provided within The Body Guide and The Body Handbook is for general informational purposes only. The Body Guide and The Body Handbook is not intended to be a substitute for the medical advice. The customer should consult with their doctor in any matters relating to their health. The information and opinions expressed in The Body Guide and The Body Handbook are believed to be accurate, based on the best judgement available to the authors, and customers who fail to consult with appropriate health authorities assume the risk of any injuries.
By reading The Body Guide and The Body Handbook, to the fullest extent under the applicable law, the customer agrees to hold writers, authors, publishers, The Collective Elite, its owners, agents, and employees harmless from any and all liability for all claims for damages due to injuries, including but not limited to attorney fees and costs, physical, psychological, emotional and financial costs, incurred by the customer or caused to third parties by customer, arising out of the information discussed in this book and associated products. The customer should seek the services of a competent professional before utilising the knowledge provided in this book.
No part of The Body Guide or The Body Handbook may be reproduced or transmitted by any person or entity, including internet search engines or retailers, in any form or by any means, electronic or mechanical, including photocopying, recording, scanning or by any information storage and retrieval system without the prior written permission of the copyright owner.
12. Limitation Of Liability
Under no circumstances shall we be liable for:
- any unintended, consequential, distinctive or related damages that might arise;
- any damage to business, income, or profits (whether indirect or direct) that might be experienced by you;
- any damage, claim, or loss which might be sustained by you as a consequence of any of your dealings concerning the Website.
The limits on our accountability to you will be effective if we or not, staff, our affiliates, our related entities or anyone else connected with us have been counselled of the likelihood of such damages or costs arising.
Nothing in scope of this User Agreement is envisioned to exclude or limit any liability where and to the degree that appropriate law disallows such rejection or restraint as well as those in the Competition and Consumer Act 2010 (Cth) and applicable state policies and laws.
13. Our Warranties and Disclaimers
Other than as expressly set out in these terms or additional terms, neither The Collective Elite nor its suppliers or distributors make any specific promises about the services. For example, we don’t make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. We provide the services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
14. Liability for our Services
When permitted by law, The Collective Elite, and The Collective Elite’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of The Collective Elite, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again).
In all cases, The Collective Elite, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
15. Jurisdiction Limitations
In case any law or jurisdiction prohibits limitations outlined in this agreement or sets limits to these limitations, we reserve the right to request limitations to the maximum extend No Class Actions
You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.
16. Law And Forum For Legal Disputes
This Agreement will be governed in all respects by the laws of Victoria, Australia. If a dispute cannot be resolved then you and The Collective Elite irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
The inaccuracy of any part of this agreement will not and shall not be thought to affect the legitimacy of any other part. In the event that any provision of this agreement is held to be invalid, the parties agree that the left over provisions shall be considered to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision
Titles are for reference purposes only and in no way limit, define, describe or construe the range or degree of such section.
19. No Waiver
Our inability to action with regards to an expected or actual breach by others or you does not relinquish our right to act with regards to following or comparable breaches. No meaning in this section is intended to restrict your accountability due to any fraud or deceitful misrepresentation.
You agree to accept announcements and material from us in regard to the Website by electronic message.
This Agreement covers all the terms, obligations and responsibilities between you and The Collective Elite. In case of termination of this agreement following sections will remain: Anything with respect to fees owed for our services, Release, Disputes With Us, Content, Bar To Action, No Warranty As To Content, Indemnity, Limitation Of Liability and No Class Actions.