THE FINE PRINT -TERMS AND CONDITIONS OF THIS WEBSITE
Please read these Terms of Use, and our Privacy Policy, (the "Privacy Policy") carefully before using our website www.completemen.org ("our Site" or the "Site"). By using our Site, you accept these Terms of Use and our Privacy Policy, and you agree to abide by them. If you do not agree to all of these Terms of Use, do not use this Site. We reserve the right, at our sole discretion, to revise and update these Terms of Use at any time. We will endeavour to notify you by posting a notice on our Site and sending an email to our database of users. We will also post the last date of any change to these Terms at the bottom of this page. Your continued usage of the Site after such changes will mean you accept those changes. "You", "your", "User" and "User of this Site" shall mean any person who accesses or uses this Site for any purpose. These Terms of Use apply only to the use of our Site and the content made available through our Site (which may include online materials related to events or programs that you have registered for); except with respect to any program or event materials made available through our Site, these Terms of Use do not apply to any program or event that you register for or participate in, even if you register and pay for it through this Site. Terms applicable to the course as set forth in our separate Transfer and Cancellation Policy are found at https://completemen.org.au/cancellation-policy
INFORMATION ABOUT US - https://completemen.org.au is a website operated by Complete Men. References to "Complete Men", "we", "us" or "our" are references to: The Complete Men Foundation, a Health Promotion Charity of PO Box 5412, Q SuperCentre QLD 4218, Australia.
ACCESSING OUR SITE - Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. From time to time, we may restrict access to some parts of our Site to people using the Site who have registered for a program or event with us. You must treat all passwords as confidential and must not disclose them to any third party. We have the right to disable any user identification code or password at any time if, in our opinion, you have failed to comply with any of the provisions of these Terms of Use.
THIRD PARTY CONTENT - Our Site is a venue for content supplied by Complete Men, third parties and visitors to its Site. Accordingly, Complete Men has no specific prior review process or editorial control over such content. Any opinions, advice, statements, services, offers, representations, or other information or content expressed or made available by third parties, including information providers, or any other User of this Site, are those of the respective parties and not necessarily those of Complete Men. Neither Complete Men nor any third-party provider of information makes any guarantees to you about the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose.
LINKS TO AND FROM THIRD PARTY SITES - There may be links established between this Site and other sites on the World Wide Web or Internet which are not under the control of, or maintained by, Complete Men. These links do not necessarily constitute an endorsement by Complete Men of those sites. Complete Men undertakes no obligation to monitor such sites, and you agree that Complete Men is not responsible for the content of such sites, or any technical or other problems associated with any such third-party site, links, or usage. You further agree that in the event that you establish a link from any other site to our Site, you will immediately discontinue such link upon receiving written notice from Complete Men of its objection to any such link.
TERMINATION - Your access to the Site will be subject to Complete Men's authorisation. Complete Men reserves the right to terminate your access to the Site at any time without notice, for any reason (including, but not limited to, if you violate these Terms) or for no reason. While Complete Men's preferred course of action is to advise you of your inappropriate behaviour and recommend any necessary corrective action, Complete Men does not represent that it will, nor is it required to, either actively monitor such behaviour or to provide such notice to you. Complete Men's right to terminate your access is in addition to all other legal or equitable remedies available to Complete Men hereunder, which rights are fully and expressly reserved by Complete Men. Upon termination of this Agreement for any reason, you shall cease to use or further access this Site and shall be liable for any unauthorized attempts to do so via any means.
PROPRIETARY MATERIALS AGREEMENT - You understand that all concepts, information and materials on this Site (including without limitation trademarks, logos, graphics and images) (the "Materials") are the proprietary property of Complete Men and are protected by copyright, trade secret, and other applicable laws. Any content (whether images, text, video, audio or other information or materials) that any User of the Site provides to Complete Men (the "Submissions") are not considered part of the Materials, but are subject to the restrictions set forth below. You acknowledge that the Materials constitute commercially valuable, proprietary, confidential property of Complete Men, the design and development of which required the investment of substantial effort, time, and money and reflect, in part, the credibility and "good will" of Complete Men.
You have the limited right to display the Materials only on your personal browser, and to copy and download the Materials provided that: (1) any copyright and trademark notices appearing on such Materials are also displayed, copied or downloaded as part of the Materials, and are not removed, moved, or obscured, and (2) such display, copy, or download is solely for your personal informational use. This limited right to access, display, and use the Site terminates automatically, without notice to you, if you breach any of these Terms.
You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. The Materials may not be distributed, transmitted, or broadcast in any manner, or for any purpose, unless expressly authorized to do so by Complete Men, in advance, and in writing.
You agree not to use the Materials in any way that would compromise the proprietary nature of the Materials. Without limiting all of the foregoing, you agree not to deliver the Materials themselves, either reproduced or modified, or anything derived from the Materials, either orally or in writing, as part of any seminar, training program, workshop, consulting, or similar business activity which you make available to your clients or to others, except with the prior written permission of Complete Men. You also agree that the Materials and the Site itself will not be used for any commercial purpose whatsoever without written authorization from Complete Men.
Unless expressly indicated otherwise herein by Complete Men, even if you have previously obtained Complete Men's written permission to use any Materials or Submissions, you must obtain such written consent each time before again using any Materials or Submissions from this Site.
Except as expressly stated herein, you acknowledge that you have no right, title, or interest of any kind on any legal basis in or to the Materials or the Submissions of any party.
Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials that you may have in your possession or control.
INTELLECTUAL PROPERTY INFRINGEMENT- If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may file a copyright infringement notification with us. To do so, you will need to send a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
UPLOADING SUBMISSIONS TO OUR SITE - Whenever you make use of any feature that allows you to upload Submissions to our Site you warrant that such Submission is not offensive, defamatory or illegal and you indemnify us for any breach of that warranty. You further warrant that you are the copyright holder of such Submission, or you have permission of the copyright holder to publish any copyrighted content in such Submission.
Any Submission that you upload to our Site will be considered non-confidential and non-proprietary. We have the right to use, copy, distribute and disclose to third parties any such Submission for any purpose, and you hereby waive any moral rights and rights of integrity associated with such Submission. We also have the right to disclose your identity to any third party who is claiming that any Submission posted or uploaded to our Site constitutes a violation of their intellectual property rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of our Site. We have the right to remove any Submission you make on our Site in our sole discretion.
NOTICES TO USERS WHO HAVE REGISTERED FOR AN EVENT OR PROGRAM - If you have registered and paid for a course with Complete Men, Complete Men shall provide notice to you via the email provided on your registration form. You can provide notice to Complete Men via our website at https://completemen.org.au/contact
ENTIRE AGREEMENT; SEVERABILITY; NO UNINTENTIONAL WAIVER - These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and Complete Men regarding the use of this Site and supersede any prior agreements or understandings between you and Complete Men. If any part of these Terms of Use is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms of Use and the remaining parts of the Terms of Use will continue to be enforceable.
NO THIRD PARTY BENEFICIARIES - You acknowledge and agree that these Terms of Use shall in no event be construed as a third party beneficiary contract, and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.
ASSIGNMENT - Complete Men may assign any or all of its rights and obligations hereunder to any party without the prior consent of or notice to you.
JURISDICTION, DISPUTE RESOLUTION AND CHOICE-OF-LAW – This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that country.
DISCLAIMER OF WARRANTIES - You, as a User of the Site, acknowledge and agree that Complete Men has no liability for any errors or omissions in the Site, including in the Materials and Submissions, whether provided by Complete Men or third parties. You further acknowledge and agree that Complete Men makes no warranty or representation of any kind as to the availability of the Site or any portion thereof, that the Site or portions thereof may be inaccessible for various time periods (whether due to Internet service provider problems or otherwise), and that Complete Men shall have no liability for any unavailability of or inaccuracy in the Site or the Materials.
User will bear all risk associated with any content that you access. User accessing any content made available by or through Complete Men and third parties is subject to your agreement to this provision and these Terms of Use.
We do not exclude or limit our liability for fraudulent misrepresentation by us or our employees or agents or death or personal injury caused by our negligence or that of our employees and agents.
LIMITS ON LIABILITY - As a User of the Site you acknowledge that, to the extent permitted by law, Complete Men makes no warranty or representation of any kind as to the availability of the Site or any portion thereof, that the Site or portions thereof may be inaccessible for various time periods (whether due to Internet service provider problems or otherwise), and that Complete Men shall have no liability for any unavailability of the Site or the Materials.
User accessing of any content made available by or through Complete Men and third parties is subject to your agreement to this provision and these Terms of Use.
COMPLETE MEN DOES NOT PURPORT TO OFFER ANY MEDICAL, PSYCHOLOGICAL, THERAPEUTIC, RELIGIOUS, OR OTHER PROFESSIONAL ADVICE TO USERS. PLEASE SEEK THE ADVICE OF COUNSELLING PROFESSIONALS (PHYSICIANS, THERAPISTS, CLERGY, QUALIFIED BUSINESS ADVISORS, LAWYERS, FINANCIAL ACCOUNTANTS, ETC.), AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINIONS, ADVICE, OR OTHER CONTENT.
THIS SITE AND ALL SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS". TO THE EXTENT PERMITTED BY LAW, COMPLETE MEN DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE.
YOU UNDERSTAND AND AGREE THAT, SUBJECT TO ANY STATUTORY GUARANTEES WHICH CANNOT BE EXCLUDED, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
OUR GOODS MAY COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND FOR COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.
INDEMNITIES - By using this Site, you agree to indemnify and defend Complete Men and its parents, subsidiaries, affiliates, Directors, Managers, Officers, consultants, employees and agents, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of this Site.
These Terms of Use are effective as of November 12th, 2022