2.5 If applicable, any Goods ordered by You from the wellness program are at Your own risk from the moment they are picked up by a Carrier to be delivered to You. For the avoidance of any doubt, this means that You assume all costs and risks of loss and/or damage to the Goods from the point in time when the Goods are loaded onto the mode of delivery of the Carrier and up until the point in time when the Goods are delivered to You and are in Your possession. the wellness program will retain title of the Goods until it has received payment in full for the Goods.
2.6 All clerical errors are subject to correction and will not bind the wellness program.
2.7 Upon registration as a member, or purchase through the Website, you will be provided with a password and account. You must not disclose this information to any third party or allow any third party to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to, or use of your account by means of the password associated with that account is deemed to be access or use by You. This includes any purchases made through your account.
3.5 You represent and warrant that if You are purchasing something from the wellness program that:(i) Any credit card information You supply is true, correct and complete(ii) You have express authority from the card holder to use this credit card(iii) Charges incurred by You will be honoured by Your credit card company(iv) You will pay the charges incurred by You at the posted prices, including any delivery fees and applicable taxes.
3.6 When purchasing from the wellness program, Your financial details are passed through a secure server using the latest industry standard SSL (secure sockets layer) encryption technology. If You have any questions regarding our security policy, please contact the wellness program using the contact page on our Website.
9.4 If the Goods ordered are not available to be delivered all at once, the wellness program may, at its discretion and on its selected terms and conditions, deliver the Goods ordered in instalments.
9.5 Deliveries do not require a signature on receipt. Where possible Delivery should be to an address where someone is available to receive the Goods during business hours. In the event no one is available to receive delivery, the goods will be left on premises in the safest location available at the address you have stipulated on your order. the wellness program shall assume no responsibility for any lost or missing deliveries in this situation.
You are permitted to load the software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the software.
You are not permitted to:•Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things•Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose•Allow any third party to use the Software on behalf of or for the benefit of any third party•Use the Software in any way which breaches any applicable local, national or international law•use the Software for any purpose that The Wellness Program considers is a breach of this agreement Intellectual Property and Ownership
The Wellness Program shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of The Wellness Program.
The Wellness Program reserves the right to grant licences to use the Software to third parties.
ConfidentialityDuring the term of this Agreement, each party may have access to certain confidential and proprietary information of the other party, (“Confidential Information”).
a)Confidential Information shall include, but is not limited to:
(i) the Software, Documentation, Client Data; (ii) customer lists, prospect lists, existing agreements with vendors and business partners of either party, pricing proposals; (iii) marketing, sales, financial and other business information, data and plans; (iv) research and development information; (v) formulas, methods, know-how, processes, designs, new products, performance tests, proprietary computer software, bug fixes, reported problems with the Service; (vi) information concerning the service providers of either party; and (vii) any other information identified in writing as confidential or information that the receiving party knew or reasonably should have known was confidential. b)Confidential Information shall be used solely for each party’s performance under this Agreement and the exercise of its rights hereunder and shall not be disclosed to any third party. The Wellness Program may, subject to the terms of this Agreement, disclose Client’s Confidential Information to any entity controlling, controlled by or under common control with the provider or a third-party consultant or contractor assisting the provider with the Software or any of the provider’s other obligations under this Agreement. Each party shall take reasonable precautions, at least as great as the precautions it takes to protect its own confidential information, to maintain the Confidential Information in strict confidence. c)Confidential Information shall not include any information that the receiving party can establish: (i) is or subsequently becomes publicly available through no act or omission of the receiving party; (ii) was in the receiving party’s lawful possession prior to the disclosure of such information; (iii) is subsequently disclosed to receiving party by a third party who is not in breach of an obligation of confidentiality; or (iv) is independently developed by the receiving party without the use or benefit of the Confidential Information.IndemnificationThe user agrees to indemnify and hold The Wellness Program harmless against all claims, demands, suits, liabilities, losses, damages or injuries (collectively “Liabilities”) that arise out of the user’s use of the software, except to the extent such Liabilities result from the negligence or wrongdoing of The Wellness Program. The user agrees to indemnify and hold Client harmless against all claims, demands, suits, liabilities, losses, damages or injuries that arise out of Provider’s performance of this Agreement, except to the extent such Liabilities result from the negligence or wrongdoing of Client.
Termination This Agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to The Wellness Program. It will also terminate immediately if you fail to comply with any term of this agreement. Upon such termination, the licenses granted by this agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this agreement. Governing LawThis agreement and any dispute arising out of or in connection with this agreement shall be governed by and construed in accordance with the laws of Queensland, Australia. Amendments to this Agreement The Wellness Program reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Contact Information If you have any questions about this Agreement, please contact The Wellness Program via email at firstname.lastname@example.org