Terms of Use

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1. Preliminaries

1. By Using the Service and browsing this Website, You agree to comply with and be bound by these terms of Use (Terms). If You do not agree to be bound by these Terms, You must stop using the Services immediately. 
2. Together with Our Privacy Policy, these Terms govern Our relationship with You. 
3. For the purposes of these Terms, User, Users, Client, Clients or You includes anyone who is registered by Us to accesses the Services for any reason. Us, Our and We refer to Hydro. 

2. Definitions 

1. Client Information means any information provided to Us by You during the provision of the Services, including but not limited to any Personal or Sensitive Information.
2. Hydro means Hydro Functional Pty Ltd ACN 634 450 558, the organisation providing the Services to You. 
3. Personal Information means includes information or an opinion about an individual that is reasonably identifiable. For example, your name, gender, postcode, contact details, bank/credit details, gender, occupation and internet protocol (IP) address of the computer you are using. 

4. Sensitive Information includes any information about an individual’s racial or ethnic origin, political opinions, memberships of a political organisation, religious belief or affiliation, philosophical belief, membership of a professional or trade association, membership of a trade union, sexual preference or practices, criminal record or health information. 

5. Services means the services provided to You by Us comprising:

1. online aquatic consulting and teaching exercise education programs of videos and telehealth over the phone or by video appointments;
2. attending at a public pool, private pool or pool in an apartment building to provide advice and exercise programs; and
3. consulting with Clients and teaching aquatic exercise in Australia.

3. Services

1.    Clients may access the Services by registering as a User through making contact and then completing the registration required.

2. On registration You will be provided with next steps to access the service. 

3. Clients must ensure that their registration details are true and correct at all times and they can change their registration details at any time by advising Us in writing via email. 

 4. Clients may cancel their registration by notifying us or unsubscribing to any communications.

4. Client responsibilities

1.       By Using Our Services You acknowledge and agree that:

1. Your Client Information does not infringe on the rights of third parties, including their intellectual property rights;
2. You will Use the Services for lawful purposes only;
3. You will pay for the Services in accordance with our Schedule of Fees which you can access prior to accessing our Services. 
4. We may suspend or terminate your registration if You breach any of the Terms;
5. Termination of your registration does not affect:

1.   warranties and indemnities provided under these Terms; and
2.     any obligations of confidentiality under our Privacy Policy which you can access on Our Website;

   6. You agree that You are not a competitor and will not Use or access the Services for the purpose of providing like Services or for any other competitive purposes.

2. For the purposes of clause 4.1.6 above: 

4.2.1    if You offer a similar service to the Services described in these Terms, whether for a fee or not, You are considered a competitor of Hydro (Competitor) and your service is considered a Competitive Service; and 

4.2.2 except with our prior written consent, we expressly exclude and do not permit Competitors to download any documents or information from Our Website or obtain any such documents or information through a third party. 

3. We reserve the right to deny any Competitor access to Our Website or the Services at Our discretion.

5.         Use of Information on the Website

5.1       This Website contains information about Our Services, resources and activities and is of a general nature only. It is only to be used for information purposes. This website is not a substitute for professional medical or health advice. If you have an injury or medical condition or any questions or concerns about your health, consult your local healthcare professional, medical practitioner, physiotherapist or specialist. Users access the Website, and rely on the Information, at their own risk. This Website and information may include features that promote exercise programs or other physical activity.  Users acknowledge that there are risks involved with engaging in physical activity and agree to consult with a healthcare professional before engaging in any exercise programs or other physical activity promoted through the Website.   Users should not engage in any exercise program or other physical activity if their healthcare professional advises against it.

5.2 Information is subject to change and therefore you cannot rely on the information on the Website as being the most current or accurate information. 

6.          Amendment of Terms

1.     We reserve the right to change, modify, add to or remove these Terms at any time. 

1.          Your Use of the Services will be governed by the most recent Terms available  On Our  

       Website and We encourage You to review them periodically. 

7.  Limitation of liability

1. To the maximum extent permitted by law, in no event shall Hydro be liable for any direct or indirect loss, damage or expense, irrespective of the manner in which it occurs, whether in negligence or otherwise.  This includes any loss or damage which may be suffered due to Your use of the Services, the information or materials contained on Our Website and/or their inaccessibility. 
2. We do warrant the following: 

1. that any documents acquired by You as a result of your Use of the Services will be free of errors;

    2. that any defects will be corrected; or 

    3. that Our Website is or its server is free of viruses or any other harmful components. 

3. To the maximum extent permitted by law, Hydro’s liability for breach of any implied warranty or condition relating to the Services shall, at Hydro’s discretion, be limited to the supply of the Services again or the payment of the cost of having the Services supplied again. 

8. Indemnity

1. To the maximum extent permitted by law, You indemnify and hold Us, Our directors, officers, managers, employees, independent contractors, consultants, donors, agents, and licensors, harmless from and against all losses, expenses, damages and costs. This includes any legal fees incurred by Us, or any other person, as a result of your breach of these Terms. 
2. We reserve the right to take over the exclusive defence of any claim for which We are entitled to indemnification under these Terms. In such circumstances, You will execute such documents and shall provide Us with such cooperation as is reasonable requested by Us. 

9. Third Party Resources

1. We may publish links to websites, advertisements, and other services maintained by third  parties while providing Our Services to You (Third Party Resources).
2. This is for your convenience only and does not necessarily imply sponsorship, endorsement, approval or arrangement between Us and any owners of Third Party Resources. 
3. We are not responsible for Third Party Resources or the content appearing on or within them. This includes any information or advice provided to You by Third Party Resources.
4. Trade marks displayed in conjunction with Third Party Resources are the property of their respective owners, and We do not purport to be the owner of those trade marks. 

10.  Your privacy

1. We are committed to protecting your privacy. We adhere to the Australian Privacy Principles and only use Client Information that We collect about You to maximise the Services We provide to You. Please read Our separate Privacy Policy on Our Website carefully.
2.  We do not and will not sell or deal in Client Information. 
3. We may however use, in a general sense and without reference to your name, your  Client Information (de-identified data) for education, research purposes, service improvement including the development of programs and resources, or for the collection of health statistics. When this information is collated, it will be will be presented in such a way that you cannot be identified  unless we have your express consent to include identifying information.

11. Intellectual property

1. All intellectual property rights in the content, layout, software, domain names and systems owned by or licensed to Us, including logos, text, photographs, images, names, graphics, animations, video clips, audio clips, products, services, designs, trademarks, copyright and any other features of Our brand are reserved to Us and Our licensors unless otherwise referenced to another source.
2.  You are not permitted to:

1. remove, obscure or alter any copyright notices or trademarks You access; or
2. reproduce and/or redistribute any documents, materials or information from Our Website for commercial Use by a third party; or
3. re-upload content from Hydro on any other Website or electronic retrieval system.

1. All original materials incorporated in or accessible through the Service including any third party content) are protected by Australian and international copyright laws.

12. Entire agreement

1. Except where otherwise provided, these Terms represent the entire agreement between You and Hydro concerning your Use and access to Our Website and the information contained therein and supersede any prior agreement between the parties.
2. No other term is to be included in this agreement except where it is required by any legislation of the Commonwealth or any State or Territory. 
3. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

13. Severability

1. If any provision of these Terms is deemed unenforceable, illegal or void by a court of competent jurisdiction, that provision is severed and the rest of these Terms remain in force. 

14. Governing law

1. These Terms and the Services are governed by and construed in accordance with the laws of the State of Victoria, Australia. If a dispute arises from these Terms, You agree to submit to the exclusive jurisdiction of the courts and tribunals of Victoria or any competent Federal court exercising jurisdiction in Victoria.
2. The Services may be accessed in Australia and overseas. We make no representations that the Services comply with the laws (including intellectual property laws) of any country outside Australia. If You access the Services from outside Australia, You do so at your own risk and are responsible for complying with the laws in the place where You access the Services. 

15. Dispute resolution 

1. Prior to commencing court proceedings, the parties must:

1. engage in good faith negotiations to settle any dispute arising out of or relating to this Agreement, including with regard to its existence, validity or termination by giving written notice to the other party setting out the nature of the dispute, how the dispute arose and the solution it seeks to the dispute; and
2. where an agreement is not reached within 7 days following notice of the dispute (or such longer period as agreed by the parties), the parties will pursue mediation administered by the Australian Disputes Centre (ADC).

1. Mediation will be conducted in accordance with the ADC’s Guidelines for Commercial Mediation operating at the time the matter is referred to the ADC (the Guidelines).
2. The terms of the Guidelines are hereby deemed incorporated into this Agreement.
3. The costs of mediation will be borne equally between the parties.
4. This clause will survive termination of this Agreement.

Date: June 10 2020