Website Terms of Use | Heart Safe Wellness

Plain-English summary

These Website Terms of Use apply to your use of the Heart Safe Wellness website at www.heartsafewellness.au.

The website provides general information about our corporate wellness programs, workshops, breathwork, mindfulness, coaching, retreats and related services. Website content is not medical, psychological or professional advice, and using the website does not create a booking or service agreement.

If you book a service, separate Terms and Conditions of Service, booking documents and, where applicable, a Participant Waiver & Medical Declaration will apply.

By using this website, you agree to these Website Terms of Use. If you do not agree, please stop using the website.

1. About these Website Terms of Use

1.1 These Website Terms of Use govern access to and use of the website at www.heartsafewellness.au and any related website pages, forms, content, features and materials.

1.2 The website is operated by:

Heart Safe Australia Pty Ltd trading as Heart Safe Wellness
ABN: 22 642 092 993
Location: Sydney Northern Beaches, New South Wales, Australia
Phone: 1300 728 354
Email: [email protected]

1.3 In these terms, “Heart Safe Wellness”, “we”, “us” and “our” mean Heart Safe Australia Pty Ltd trading as Heart Safe Wellness.

1.4 These terms relate to use of the website only. They do not themselves create a booking, service agreement or entitlement to participate in any program.

1.5 Separate Terms and Conditions of Service apply to workshops, retreats, coaching, subscriptions and other services booked with us.

2. Acceptance of these terms

2.1 By accessing or using the website, you agree to be bound by these Website Terms of Use.

2.2 If you do not agree to these terms, you must not access or use the website.

2.3 If you access or use the website on behalf of a company, employer, partnership, association or other organisation, you confirm that you have authority to accept these terms on its behalf.

2.4 You must use the website lawfully and in accordance with these terms.

3. Other terms that also apply

3.1 Other terms may apply to your use of the website or to services you book with us, including:

a. our Terms and Conditions of Service, which apply to any workshop, retreat, coaching, subscription or other service you book;
b. our Privacy Policy, which explains how we collect, hold, use and disclose personal information;
c. our Cookie Notice, which explains our use of cookies and similar technologies;
d. our Participant Waiver & Medical Declaration, which must be completed before participating in applicable programs and applies specifically to health, safety, risk and participation matters; and
e. any written quotation, proposal or booking confirmation issued by us.

3.2 If there is a conflict between these Website Terms of Use and terms applying to a booked service:

a. a written quotation or booking confirmation will generally control specific commercial details of that booking;
b. the Terms and Conditions of Service will control the general terms of the booked service;
c. the Participant Waiver & Medical Declaration will control health, safety, risk and participation matters;
d. the Privacy Policy will control the handling of personal information; and
e. the Cookie Notice will control information about cookies and similar technologies.

3.3 The applicable service terms, waiver and booking documents do not replace these Website Terms of Use for general use of the website.

3.4 Copies of our policies and terms may be requested by contacting [email protected].

4. Eligibility

4.1 Our website and services are intended for people aged 18 years and over.

4.2 We do not knowingly permit anyone under 18 to use the website or submit an enquiry through the website.

4.3 If we become aware that we have collected personal information from a person under 18, we will take reasonable steps to delete it, subject to any legal obligation to retain it.

5. Permitted use of the website

5.1 We grant you a limited, personal, non-exclusive, non-transferable and revocable licence to access and view the website and make a genuine enquiry about our services.

5.2 You must not:

a. copy, reproduce, republish, adapt, distribute or commercially exploit any part of the website without our prior written consent;
b. scrape, data mine, harvest, frame, mirror or systematically extract content or data from the website;
c. use the website to send spam, unsolicited commercial messages or other unauthorised communications;
d. upload or transmit viruses, malware, ransomware or other harmful or disruptive code;
e. attempt to gain unauthorised access to the website, its servers, forms, systems, accounts or data;
f. interfere with the operation, security or availability of the website or another person's use of it;
g. use automated tools, bots, crawlers or scripts to harvest contact details, website content or other information;
h. use the website for an unlawful, misleading, fraudulent, abusive or deceptive purpose;
i. impersonate another person or misrepresent your identity or relationship with an organisation;
j. use website content, materials or data to train, develop or operate a competing product or service;
k. upload or submit material that is unlawful, defamatory, threatening, discriminatory, abusive, invasive of privacy or infringing of another person's rights; or
l. assist another person to do anything prohibited by these terms.

5.3 The Zoho enquiry form must only be used to submit genuine, relevant and accurate information relating to a legitimate enquiry.

5.4 You must not use the enquiry form to submit false, abusive, irrelevant, malicious or offensive information.

5.5 Submitting an enquiry form does not create a booking, contract, service agreement or obligation for us to provide a service. A booking is only formed in accordance with our Terms and Conditions of Service and written booking confirmation process.

6. Website content is general information only

6.1 Content on the website, including program descriptions, blog articles, newsletters, testimonials and information about breathwork, mindfulness, movement, nutrition or wellbeing, is provided as general information and for general interest only.

6.2 Website content is not:

a. medical, health, psychological, therapeutic, legal, financial or other professional advice;
b. a diagnosis or assessment of your health or circumstances;
c. a recommendation that you begin, stop or change a treatment, medication, exercise or breathing practice; or
d. a substitute for advice from a qualified professional who has assessed you personally.

6.3 Nothing on the website creates a doctor-patient, practitioner-client, counsellor-client or therapeutic relationship.

6.4 Breathwork and physical activity are not suitable for everyone. Before beginning or changing any breathing practice, exercise or wellbeing routine, you should consult a registered medical practitioner, particularly if you:

a. are pregnant or may be pregnant;
b. have a heart or cardiovascular condition;
c. have a respiratory or lung condition;
d. have high or low blood pressure;
e. have epilepsy, seizures or a history of fainting;
f. have a metabolic condition, including diabetes;
g. have a mental health condition; or
h. have any other concern about your suitability to participate.

6.5 You should seek immediate medical attention in an emergency. In Australia, call 000.

6.6 Individual experiences and results vary. Nothing on the website promises or guarantees a particular health, wellbeing, personal or business outcome.

7. No reliance and accuracy of information

7.1 We aim to keep the website accurate and current, but we do not warrant that its content is complete, accurate, current or error-free.

7.2 Program descriptions, facilitators, venues, inclusions, locations, availability and dates may change without notice.

7.3 Prices are not generally published on the website because each engagement is quoted individually based on matters including:

a. the number of participants or employees;
b. the location;
c. the services selected;
d. the program duration; and
e. the particular requirements of the client.

7.4 Any pricing indication shown on the website is indicative only and is not an offer or binding quotation.

7.5 You should not rely on website content instead of a written quotation, booking confirmation or our Terms and Conditions of Service.

7.6 Any offer, quotation or contract is only made or formed in writing by us in accordance with our booking process.

8. Intellectual property

8.1 Unless stated otherwise, all content on the website is owned by or licensed to Heart Safe Australia Pty Ltd.

8.2 Website content includes:

a. text and written materials;
b. program names and descriptions;
c. worksheets, exercises and other materials;
d. logos and branding;
e. photographs, video and other audiovisual content;
f. graphics, illustrations and images;
g. layout and design; and
h. website code and functionality.

8.3 Website content is protected by copyright, trade mark, confidential information and other intellectual property laws.

8.4 Except for a temporary copy made incidentally while browsing or a single copy printed for personal, non-commercial use, you must not copy, reproduce, adapt, publish, distribute, transmit, sell or commercially use website content without our prior written consent.

8.5 Some names, logos, marks and materials appearing on the website may belong to third parties, including qualification providers, partners, venues or other service providers. Those rights remain with their respective owners.

8.6 Nothing on the website grants you a licence or right in our intellectual property beyond the limited permission in clause 5.

8.7 “Heart Safe Wellness” and other branding, names and taglines may be unregistered trade marks. The absence of a ®, ™ or other registration symbol does not mean that a mark is free for others to use.

9. Third-party content, links, platforms and hosting

9.1 The website is hosted for us by a third-party provider and uses third-party platforms and services, including:

a. Zoho Forms for the website enquiry form; and
b. Zoho Campaigns for communications.

9.2 The website may contain links to third-party websites, resources, venue partners, booking providers or other external services.

9.3 Third-party links and platforms are provided for convenience only. We do not control and are not responsible for their:

a. content or accuracy;
b. availability or reliability;
c. security;
d. privacy practices;
e. terms of use; or
f. products or services.

9.4 Accessing a third-party website or platform is at your own risk and is subject to that third party's own terms and privacy policy.

9.5 Any website feature that connects to or embeds an external platform may be governed by the external platform's terms in addition to these terms.

10. User submissions, reviews, testimonials and images

10.1 You may submit an enquiry, comment, review, testimonial, photograph, video or other material to us through the website or in connection with our services.

10.2 By submitting material, you confirm that:

a. the information is accurate to the best of your knowledge;
b. you own the material or have permission to provide it to us;
c. the material does not infringe another person's copyright, trade mark, privacy, publicity or other rights;
d. the material is not unlawful, defamatory, threatening, abusive, discriminatory or misleading;
e. anyone identifiable in a photograph or video has provided appropriate consent; and
f. providing the material does not breach a confidentiality obligation or agreement.

10.3 Subject to any specific consent terms we provide, you grant Heart Safe Wellness a non-exclusive, royalty-free, worldwide and perpetual licence to use, reproduce, publish, adapt and display submitted material on our website and in our marketing.

10.4 We may edit, decline, moderate or remove any submission at our discretion. We are not required to publish or retain any submission.

10.5 We do not provide medical, psychological or health advice in response to website comments, reviews or submissions.

10.6 You may withdraw consent to the use of an identifiable testimonial, image or video by emailing [email protected]. We will take reasonable steps to remove it from future use, but withdrawal may not remove material already printed, distributed, archived, cached or shared by third parties.

10.7 Consent to photography, video and testimonials may also be governed by a separate consent form or the Participant Waiver & Medical Declaration.

11. Availability, changes and suspension

11.1 We do not guarantee that the website will always be:

a. available or uninterrupted;
b. secure;
c. free from errors, defects or harmful code; or
d. compatible with every device, browser or operating system.

11.2 We may change, update, suspend, restrict or withdraw any part of the website at any time, including content, features and enquiry forms.

11.3 We may do so without notice where reasonably necessary for maintenance, security, technical, legal or operational reasons.

11.4 Content on the website is not a commitment that any service, program, location, facilitator or date will be offered.

12. Cookies

12.1 We use cookies and similar technologies on the website.

12.2 Cookies may be used for essential website functions, preferences, security, analytics and other website purposes.

12.3 Some cookies may be set by third-party providers.

12.4 Further information is available in our Cookie Notice.

12.5 You can manage or refuse some cookies through your browser settings. Refusing essential cookies may affect website functionality.

13. Privacy

13.1 We handle personal information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth) and the Australian Privacy Principles, where applicable.

13.2 Information submitted through the website enquiry form is used to respond to the enquiry, prepare a quotation and provide information about services relevant to the enquiry.

13.3 You should not submit sensitive health information through the website enquiry form.

13.4 Health information is collected separately through the Participant Waiver & Medical Declaration process where it is necessary for safe participation and risk management.

13.5 For information about how we collect, use, store and disclose personal information, please refer to our Privacy Policy or contact [email protected].

14. Security and disclaimer of warranties

14.1 To the fullest extent permitted by law, the website is provided “as is” and “as available”.

14.2 To the fullest extent permitted by law, we make no warranty or representation that:

a. the website will meet your requirements;
b. the website will always be available or uninterrupted;
c. website content will always be accurate, complete or current;
d. the website will be secure or free from viruses or other harmful code; or
e. errors or defects will be corrected.

14.3 We take reasonable steps to help keep the website and our systems secure. However, no website, online service or transmission over the internet can be guaranteed to be completely secure.

14.4 You are responsible for:

a. the security of your own device, internet connection and accounts;
b. using appropriate security software; and
c. ensuring that information you submit is accurate and appropriate for submission through the website.

14.5 Nothing in this clause excludes, restricts or modifies a right or remedy that cannot lawfully be excluded, restricted or modified.

15. Limitation of liability

15.1 To the fullest extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, opportunity, data or goodwill arising from or connected with:

a. your use of, or inability to use, the website;
b. your reliance on website content;
c. third-party websites, links, platforms or services;
d. the website being unavailable, interrupted or withdrawn;
e. a security incident or compromise that was not caused by our failure to take reasonable care; or
f. information submitted by you or another person.

15.2 To the fullest extent permitted by law, our total liability arising from or connected with the website is limited to the greater of:

a. $100; or
b. the amount you paid to us for the relevant service.

15.3 If you have not paid us any amount for a relevant service, our liability is limited to $100.

15.4 Nothing in these terms excludes, restricts or modifies any guarantee, warranty, condition, right or remedy you have under the Australian Consumer Law, including Schedule 2 to the Competition and Consumer Act 2010 (Cth), or any other law that cannot lawfully be excluded or limited.

15.5 This includes the consumer guarantees relating to services under sections 60, 61 and 62 of the Australian Consumer Law, where those guarantees apply.

15.6 Where a guarantee cannot be excluded but our liability can lawfully be limited, our liability is limited to resupplying the relevant service or paying the cost of having the relevant service resupplied.

15.7 If you acquire services as a business and are not a consumer for the purposes of the Australian Consumer Law, the Australian Consumer Law will not apply to the extent permitted by law. This clause does not exclude any protection that cannot lawfully be excluded.

16. Indemnity

16.1 To the extent permitted by law, you indemnify Heart Safe Australia Pty Ltd and its directors, officers, employees and contractors against loss, damage, liability, cost or expense, including reasonable legal costs, arising from:

a. your breach of these terms;
b. your misuse of the website;
c. material you submit that is unlawful or infringes a third party's rights; or
d. your breach of any applicable law.

16.2 This indemnity does not apply to the extent that the loss, damage, liability, cost or expense was caused by our negligence, wilful misconduct or breach of these terms.

17. Reporting problems and complaints

17.1 Please report a website problem, broken form, suspected security issue, infringing content or other concern to [email protected].

17.2 Please provide enough information for us to investigate, including:

a. the relevant page or URL;
b. a description of the problem;
c. the date and time you noticed it; and
d. any relevant screenshots or supporting information.

17.3 We aim to acknowledge website complaints and reports within two business days and respond or provide an update within a reasonable time, depending on the complexity of the issue.

17.4 Privacy complaints may be made to us at [email protected]. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au or on 1300 363 992.

18. Governing law and jurisdiction

18.1 These terms are governed by the laws of New South Wales, Australia.

18.2 You and we submit to the exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them.

18.3 Nothing in this clause limits any consumer rights or remedies that cannot lawfully be limited.

19. Changes to these Website Terms of Use

19.1 We may update these terms from time to time.

19.2 We will publish the revised version on the website and update the “Last updated” date.

19.3 Your continued use of the website after revised terms are published constitutes acceptance of the updated terms.

19.4 Changes will not retrospectively alter rights or obligations under a service agreement already formed, unless permitted by that agreement or required by law.

20. Contact us

For questions about these Website Terms of Use, please contact: