Terms of Use

1.   Website Terms of Use

1.1. These Terms of Use apply to the access and use of http://massageme.com.au (Website) and the products and services available through this Website (Services), owned and operated by Massage Me.

1.2. You accept these Terms of Use through your access and use of this Website, including the use of the Services available through this Website.

2.   Amendments to Terms of Use

2.1. Massage Me reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon publication on this Website. Your continued access and use of this Website after any changes to these Terms of Use will mean you accept those changes.

3.   Privacy Policy

3.1. Massage Me is bound by the Australian Privacy Principles (APPs) outlined in the Privacy Act 1988 (Cth) which regulates how entities may collect, use, disclose, and hold personal information. This collection statement and Massage Me’s Privacy Policy (http://massageme.com.au/privacy-policy/) set out what we will do with any personal information we collect. In summary:

       a. Collections and Use: Your personal information may be collected by Massage Me to allow you to register as a member, subscribe for marketing and, if using the online shop, to allow for the administration of the shop and processing of payments.

       b. Disclosure: Your personal information may be disclosed where authorised or required by law and will be provided to Massage Me staff and contractors to Massage Me to assist in the provision or administration of this Website.

       c. Storage: Personal information obtained will be held in accordance with our obligations under the Privacy Act 1988 (Cth).

3.2. You acknowledge that personal information you provide in these circumstances will be handled by Massage Me in accordance with this statement and Massage Me’s Privacy Policy (http://massageme.com.au/privacy-policy/).

3.3. To the extent of any inconsistency between this Website’s Terms of Use and Massage Me’s Privacy Policy, the Terms of Use prevail.

3.4. Massage Me’s Privacy Policy outlines how to access and/or correct your personal information or make a privacy-related complaint. You can send all privacy-related enquiries to Glenda_young1@yahoo.com.

4.   Access

4.1. Massage Me reserves the right to withdraw, suspend, or amend the Services without notice.

4.2. Massage Me reserves the right to modify, discontinue, or restrict access to this Website (or any part), with or without notice, temporarily, or permanently without liability to you or any third party.

4.3. Massage Me does not guarantee that access to this Website will be uninterrupted or that this Website is free from viruses or anything else which may damage any computer which accesses this Website or any data on such a computer.

5.   Website Content

5.1. While Massage Me endeavours to take reasonable care in preparing and maintaining the information on this Website originated from Massage Me, we do not warrant the accuracy, reliability, adequacy, or completeness of any of the website content originated from Massage Me or users submitted, posted, or otherwise transmitted on this Website (Website Content).

5.2. You acknowledge and accept that the Website Content may include technical inaccuracies and typographical errors.

5.3. The Website Content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

5.4. Massage Me may remove any Website Content, including but not limited to Linked Websites, at any time without giving any explanation or justification for removing the Website Content.

5.5. To the extent permitted by law:

       a. this Website is made available to you ‘as is’ and without any warranties from Massage Me that this Website is suitable for any particular purpose or will meet your particular requirements; and

       b. Massage Me disclaims all liability for losses directly or indirectly arising from your use of or reliance on this Website and the Website Content.

6.   Linked Sites

6.1. This Website may contain links to other websites (Linked Websites) which are not managed by Massage Me.

6.2. Massage Me has no control over the Linked Websites and accepts no responsibility for or for any loss or damage that may arise from your use of them.

6.3. Your use of the Linked Websites will be subject to the terms of use contained within each site. Linked Websites are provided for your information and convenience only.

7.   Prohibitions

7.1. In using this Website and Services you will not:

       a. commit or encourage a criminal offence;

       b. impersonate or falsely claim to represent a person or organisation;

       c. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

       d. hack into any aspect of this Website; corrupt data; cause annoyance to other users;

       e. infringe upon the rights of any other person’s proprietary rights;

       f. send any unsolicited advertising or promotional material, commonly referred to as “spam”;

       g. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

7.2. If any of the activities listed in clause 7.1 constitute a criminal offence, Massage Me will report any such activity to the relevant law enforcement authorities and disclose your identity to them.

Massage Me will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, or other technologically harmful material that may infect your device, IT programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Websites.

8.   Registration

8.1. You may be required to register for one or more accounts in order to participate in this Website (User Account).

8.2. In registering for a User Account, you acknowledge and accept that you will accurately complete each of the mandatory fields and provide the necessary up-to-date information specified on the relevant registration page (including your full name, email, profession, and address).

8.3. You must keep secure, and must not share, any login details for your User Account. You are solely responsible for all activities and transactions that occur through the use of your User Account.

8.4. If you become aware of any unauthorised access or use of your User Account, you must notify Massage Me immediately. If your negligent acts or omissions result in unauthorised access to your User Account, you are solely responsible for all transactions conducted through your User Account during the unauthorised access.

8.5. You are responsible for ensuring that your registration information is current and correct.

8.6. You can update, edit, or terminate your User Account at any time, but you cannot transfer your account.

   Individual registration

8.7. By registering for a User Account for this Website, you represent that you are at least 18 years old, and if you are younger than 18 years old, you are using this Website with the knowledge and consent of your parent or legal guardian.

Organisation registration

8.8. By registering for a User Account for this Website on behalf of your organisation, you represent that you hold the requisite authority, express or implied, of your organisation to do so.

9.   Account Termination

9.1. Massage Me may, without notice to you, in its sole discretion, terminate your User Account or access to this Website (or any part) and remove and discard any Website Content associated with your User Account within this Website for any reason.

9.2. If your User Account or access to this Website is terminated for any reason, you must immediately cease using this Website.

9.3. Termination does not affect any of Massage Me’s accrued rights or liabilities under the Terms of Use.

10.   Uploading Information

10.1. By uploading or submitting any Website Content to this Website, you automatically grant (or warrant that the owner of such materials expressly grants) Massage Me a world-wide, perpetual, royalty-free, transferable, and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform, and distribute the Website Content. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, you agree that the Website Content may be used by Massage Me for purposes including (without limitation) marketing, research, and development of goods and services.

10.2. To the extent that you have any moral rights in any Website Content, you hereby irrevocably and unconditionally consent, for the benefit of Massage Me, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation, and communication of the Website Content or any part of it in any medium, and without attribution of you as an author of, or contributor to, that Website Content, and adaptation or alteration of the Website Content in any way including addition to, and subtraction from, the Website Content, whether such acts or omissions occur before or after the date on which that consent is given.

10.3. You warrant that any Website Content contributed by you will not infringe the intellectual property rights of any third party, breach any obligations of confidence, or any other law or regulation relating to the Website Content.

10.4. Massage Me reserves the right to block or immediately remove communications or Website Content that it considers are or may be in its sole discretion: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of a copyright, trademark, or other intellectual property right of another; (iv) in violation of any law or regulation; or (v) offensive or otherwise unacceptable to Massage Me.

11.   Intellectual Property

11.1. Subject to clause 11.2 below, all intellectual property rights in all software and content (including photographic images) made available to you on, or through, this Website, remain the property of Massage Me or its licensors and are protected by copyright laws, including but not limited to the Copyright Act 1968 (Cth). The Website may also contain third party material that is protected by law.

11.2. You may store, print, and display the Website Content supplied solely for your own personal use.

Except as expressly provided in these Terms of Use, you are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any Website Content or copies of the Website Content supplied to you which appear on this Website, nor may you use any such Website Content in connection with any business or commercial enterprise.

12.   Ownership of Trademarks, Images of Personalities, and Third-Party Copyright

12.1. Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services, and/or locations featured on this Website are in no way associated, linked or affiliated with Massage Me and you should not rely on the existence of such a connection or affiliation.

12.2. Any trademarks/names featured on this Website are owned by the respective trademark owners.

Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Massage Me.

13.   Limitation of Liability

13.1. To the maximum extent permitted by law, Massage Me (and all of our subsidiaries, officers, employees, contractors, and agents) excludes all liability for any loss or damage of any kind (including, without limitation, special, indirect or consequential loss, loss of business profits, or loss of data) however caused (including negligence) arising out of or in connection with this Website (including, without limitation, your access and use of this Website or your User Account), except to the extent that the loss or damage is caused by Massage Me’s fraud or wilful misconduct.

14.   Indemnity

14.1 You agree to indemnify and hold harmless Massage Me (and all of our subsidiaries, officers, employees, contractors, and agents) (each an Indemnified Party) from and against all loss, actions, proceedings, costs and expenses (including legal fees), claims, and damages that any Indemnified Party may suffer arising directly or indirectly out of or in connection with:

       a. your access or use of this Website (including, without limitation, your content);

       b. your access or use of the Services available through this Website; and

       c. any breach by you of these Terms of Use.

15.   Consent to Receiving Commercial Electronic Messages

15.1 If you express interest in products and services through your use of this Website, you consent to our sending commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us.

16.   Severability

16.1 Each provision of these Terms of Use is severable from the others and no severance of a provision will affect any other provision. Where a provision or part of a provision is held to be void or unenforceable, such provision or part shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms of Use and so that the remaining Terms of Use remain in full force and effect.

17.   Applicable Laws

17.1 These Terms of Use are governed by the laws in force in the Australian Capital Territory, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Terms of Use or the Website.

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