Terms & Conditions
Important Legal Notice
This page sets out the terms and conditions (Terms) on which we, WIRL Co Pty Ltd (ABN 63 654 446 045) (we, us or WIRL), provide our services through our website through which you access our Services.
Please read these Terms carefully before using the site, tracker or any other services we offer (together ‘Services’), as your use of the Services is subject to these Terms.
We reserve the right to change these Terms from time to time.
1. Definition of terms
1.1. ‘Services’ means any current or future version of the website, WIRL App, diet, yoga, exercise, fitness, mind health and meditation services provided by WIRL through the Website, app, Private Facebook community, or other mediums as may be available from time to time.
1.2. WIRL: WIRL Co Pty Ltd (ABN 63 654 446 045) (also referred to as we or us in these Terms).
1.3. Content: means any post, submission, photo, video or other content uploaded or otherwise made available through the Service by you.
2. Service Access and Terms
2.2. User name and Password: If you choose to create an account, you will need to do so with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. You must not share, give or sell your username or password to any person or company.
2.3. Acceptance of terms: By accessing any part of the website or app, you indicate that you accept these Terms and accept that we may revise these Terms from time to time (which will apply to you from the time they are changed and placed on our website). If you do not accept these Terms, you should not use any part of the Services.
Access & Fee
3.1. You acknowledge and agree that:
3.1.1. your access will be for a period of 90 days from the date of purchase (Access Period); and
3.1.2 you must pay the Company the fee stated at the time of Registration (inclusive of any taxes as may be relevant from time to time) (Fee)
3.2. Your access to the Service is conditional on you paying the Registration Fee (Fee).
Processing and Payment.
3.3. All prices are in Australian Dollars (AUD).
3.4. Payment of the Fee may be processed by us or by third parties on our behalf. Your payment details must be verified before your Registration can be activated. If your initial payment authorisation is revoked, your Registration will be terminated.
3.5. Payment of the Registration Fee will be direct debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date.
4.1. Terms of permitted use: You are permitted to use the Services for your own personal non-commercial use on the following basis:
4.1.1. You must not misuse the Services (including by hacking or engaging in cyber-bullying).
4.1.2. Unless otherwise stated and except to the extent owned by third parties or their licensors, the copyright and other intellectual property rights in the Services and in material utilised in the Services (including without limitation photographs and graphical images) are owned by us or our licensors.
These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Services other than in accordance with these Terms and Conditions are strictly prohibited.
4.1.3. You are not allowed to use, disseminate or reproduce any of the materials within the Services for commercial purposes without obtaining a licence from us to do so.
4.2. Limitation on use: Except as stated in paragraph 6.1, the Services may not be used, and no part of the Services may be reproduced or stored in any other way or included in any public or private electronic retrieval system or service, without our prior written permission from us.
4.3. Reservation of rights: To the extent allowed by law, any rights not expressly granted in these Terms are reserved.
5. Service access
5.1. Availability of Services: While we try to ensure the Services are normally available twenty four (24) hours a day, we can not guarantee the availability of the Services due to the nature of the internet.
5.2 Our liability to you for any material downtime experienced by our servers hosts will be limited in aggregate to extending the term of your access by the downtime advised by our third party server hosts.
5.3. Suspension of access: Access to the Services may be suspended temporarily at any time and without notice. We will take all reasonable steps to inform you of such temporary suspension as soon as reasonably possible.
5.3. Information security: The transmission of information via any application or website like those you use to access the Services are not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the website; any transmission is at your own risk.
6. Links to and from other websites or applications
6.1. Third party Applications: Links to third party applications or websites through which the Services are provided or linked to are solely for your convenience. If you use these links, you leave the Services provided by Us. We have not reviewed and do not control any of these third-party applications or websites (and are not responsible for these applications or websites or their content or availability). We do not endorse or make any representation about these applications or websites, their content, or the results from using such applications or websites. If you decide to access any of the third-party applications or websites linked to the Services, you do so entirely at your own risk.
6.2. Linking permission: You may link to the Services, provided that:
6.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
6.2.2. you do not establish a link from an application, website or other medium that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
6.2.3. any Services from which you link must comply with the content standards set out in these Terms;
6.2.4. we have the right to withdraw linking permission at any time and for any reason.
7. Intellectual Property
7.1. The Services, including, without limitation, all design, text, images, photographs, illustrations, artwork, graphic material, code, content, protocols, software, and documentation (IP) provided to you by us, are our property or the property of our licensors and are protected by copyright, trademarks and other proprietary rights and laws relating to intellectual property. Nothing contained in the Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use the IP without our express prior written consent.
7.2. You represent and warrant to Us that, with regard to and content you provide while using the Services:
7.2.1. you own or have the necessary licences, rights, consents and permissions to use, and authorize Us to use, all patent, trademark, trade secret, copyright and other proprietary rights in and to any and all of content you provide while using the Services; and
7.3. You agree that content you provide will not:
7.3.1. include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from the proper owner to post the material and to grant us all of the rights granted in these Terms;
7.3.2. publish falsehoods or misrepresentations that could damage us or any third party;
7.3.3. include material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or which encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or which is otherwise inappropriate; or
7.3.4. post advertisements or solicitations of business.
7.6. You indemnify us, and will keep us indemnified, against any breach of this Section 7 and against any claim or action by a third party, and any liability, cost, expense or charge of any kind whatsoever in connection with any such claim or action, that the third party’s intellectual property rights have been breached in any way whatsoever.
7.7. You have rights if you believe your copyright is being infringed. If you are a copyright owner and believe that any of Services infringes your copyright, please contact us at email: firstname.lastname@example.org
8. Disclaimers – Medical
8.1. The Services include information and instructions relating to diet, yoga, exercise, fitness, mind health and meditation, and some of the products and services available through the Services relate to such topics. You acknowledge and agree that the disclaimers in this clause 8 apply to all such information, instructions, products and services.
8.2. Before participating in any of the Services, we strongly recommend that you consult with a medical practitioner or other healthcare provider.
8.3. WIRL and the Services are not substitutes for medical advice from your doctor or healthcare provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the Services.
8.4. Health advice is often subject to updating and refining due to medical research and developments. We are committed to bringing you the most up to date information, however We give no guarantee or assurance whatsoever that the information or content that are part of the Services is the most recent on any particular subject.
8.5. You should never disregard medical advice or delay seeking it because of a statement you have read or heard from us and/or in any of the Services. WIRL and the Services should not be used in lieu of advice given by qualified medical professionals, such as your doctor or registered dietitian. It is important that the Services are used only in conjunction with qualified medical guidance. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition before starting exercise or fitness program or making changes to your diet in order to determine whether the Services are appropriate for you.
8.6. We take reasonable precautions to ensure that the Services are safe. However, you acknowledge and agree that, when participating in any fitness program there is the possibility of physical injury and death. Given the disclosures and disclaimers by Us, you assume the risk and responsibility for any such results or outcomes.
8.7. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes or have any other physical or medical condition, it is imperative that you seek the advice of a medical practitioner before using the Services. If you experience any discomfort, pain or other unexpected side effect during your use of the Services, you must immediately cease the activity and seek the assistance of a physician.
9. Disclaimers – General
9.1. Website, App and Services information: We may make changes to the material that form part of the Services, at any time without notice.
9.2. Viruses and Malware: We do not represent or warrant that the Services or any other material accessible from the Services are free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems. You should protect your software, devices and systems by installing and implementing your own security and system checks.
9.3. Exclusion of terms: We provide you with access to the Services on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Services (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Services, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).
9.4. We are not responsible for and do not necessarily hold the opinions expressed by any content contributors. Opinions and other statements expressed by users of the Services and third parties (e.g. bloggers) are theirs alone, not our opinions. Content created by third parties is the sole responsibility of the third party and we do not endorse, warrant or guarantee its accuracy and/or completeness.
10.1. General: Nothing in these Terms excludes or limits our liability for any liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Terms affects your statutory rights, including rights relating to the consumer guarantees applicable to the supply of services under these Terms.
10.2. Exclusion of liability: Subject to your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Services (including the use, inability to use or the results of use of the Services) for resulting from any violation by you of these terms or any breach by you of your responsibilities, representations and warranties.
10.3. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Services, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
10.4. Indemnity: You agree to indemnify and us and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms, your use of the Services or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
11. Ending access and removing content
11.1. We reserve the right to, without notice and for any reason deemed appropriate by us in the circumstances, terminate, remove, prevent, intercept, alter or remove your or any other group of users access to the Services or content stored on the Services.
11.2. Exercise of these rights will not prejudice or affect our accrued rights, claims or liabilities under this policy. The provisions of this policy dealing with intellectual property, privacy and consequences of termination survive the exercise of these rights and may be enforced at any time.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. Through your use of the Services, you accept that communication with us will be mainly electronic. We will contact you by email or by other electronic means. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Additional terms
13.1. Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13.2. Entire agreement: These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
13.3. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
13.4. Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
13.5. Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.
14. Governing law & jurisdiction
These Terms are governed by the laws of Victoria. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Victoria.
Notwithstanding that any provision, or part of a provision, of these Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason, those provisions, or part of a provision, are deemed omitted without affecting the legality of the remaining provisions which shall continue in full force and effect.