Terms And Conditions

1. Your obligations

1.1 You must not:

use this website or the services provided on this website for any activities which breach any laws or regulations or infringe any third party rights;
use this website or the services provided on this website to send any spam or unsolicited electronic mail messages to anyone;
use this website or the services provided on this website for fraud or any misleading or deceptive conduct;
use the personal information of another person in order to access or use this website;
tamper with, hinder the operation of or make unauthorized modifications to this website; or
transmit any bug, virus or other disabling feature to or through this website.

1.2 You must not post any content or information on any of your websites or any public or private forums or blogs on this website which is or is likely to be:

abusive, obscene, offensive, pornographic or indecent;
defamatory of any person;
in breach of the intellectual property rights or moral rights of any person;
in breach of any obligations of privacy or confidence;
harassing, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability;
in breach of any laws; or
false, misleading or deceptive.

1.3 You indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to your use of this website.

2. Information and content

2.1 The content and format of this website may be changed by us at any time, without notice, in our absolute discretion.

2.2 This website includes information and content provided by third parties (Third Party Information). We do not verify Third Party Information, which may not be complete, timely or accurate for your purposes. We make no representation or warranty of any kind as to the accuracy, timeliness or completeness of Third Party Information, nor do we endorse any Third Party Information.

2.3 This website includes information and content developed by us (Our Information). You acknowledge and agree that:

Our Information is intended only to provide a summary of the relevant subject matter and its brevity could lead to misinterpretation;
while we use all reasonable endeavors to ensure that Our Information is up to date, this is not always possible due to the fast moving nature of internet technology; and
Our Information may include certain errors, omissions or outdated information from time to time.

2.4 You should not rely on Our Information as your exclusive or primary source of information. You should not use Our Information to replace advice given by a qualified professional. To the extent permitted by law, we do not warrant the accuracy or timeliness of Our Information and no responsibility can be accepted for those who act on Our Information without first consulting us and obtaining specific advice.

2.5 Information posted on a forum by users of this website has not been independently verified by us. We are not liable for any incorrect, misleading, deceptive, defamatory, obscene, offensive or pornographic material which is posted on any forum, nor are we liable for any material posted on any forum which is a breach of any intellectual property rights, moral rights or privacy rights of any party or of any law.

2.6 We may from time to time moderate the information appearing on our forums and blogs. However, to report undesirable posts or to bring to our attention users who may not be following these Website Terms, please email asking.how.to@gmail.com

Please do not post your grievances on this website.

3. Security, viruses and linking

3.1 We do not guarantee the security of this website. We do not warrant that access to this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.

3.2 Should you leave this site via a third party link, you acknowledge that:

you do so at your own risk;
the content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by us; and
the link does not represent any endorsement by us of the products or services offered on the linked site.

4. Intellectual property

4.1 Except for your Content provided to any forums or blogs on this website, all intellectual property rights in this website, including any information, software and tools accessed via this website, will remain vested in us.

4.2 You may not copy, reproduce, modify, reverse engineer, disassemble, decompile, transmit or communicate to the public this website, or any information, software and tools accessed via this website.

5. Confidentiality and privacy

5.1 Any communication or material sent by you to this website by electronic mail or otherwise, including any data, questions, comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it comprises personal information as defined in the Privacy Act 1988.

5.2 We respect your privacy. Our Privacy Policy applies to any personal information collected by us from users of this website.

6. Fees and charges

6.1 Unless otherwise specified in these Website Terms, any fees and charges payable to us must be paid within 14 days of our invoice, without deduction or set off by you. We will issue invoices to you electronically.

6.2 All amounts payable to us are exclusive of any goods and services tax (GST) which shall be paid in addition to any amount specified as payable.

6.3 We may set off any amounts we owe to you against any amounts owing to us under or in connection with these Website Terms.

7. Our liability

7.1 Subject to any condition, warranty or right implied by the Trade Practices Act 1974 or any other law which cannot by law be excluded by agreement:

we give no warranties, and you have no other rights, apart from those, if any, expressly set out in these Website Terms; and
all implied conditions, warranties and rights are excluded.

7.2 Without limiting paragraph 21.1, to the extent permitted by law, we do not give any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors in, or omissions from, the information, software or tools provided on or by this website.

7.3 Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right:

in connection with the supply of goods, to any one or more of the following, as we may determine- the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and
in connection with the supply of services, to one of the following, as we may determine- the supplying of the services again or the payment of the costs of having the services supplied again.

7.4 Subject to paragraphs 7.1 and 7.3, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:

indirect or consequential loss or damage; or
loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities, customers, software or data, whether of a direct, indirect or consequential nature,

suffered by you or any other person and arising out of any breach or other act or omission in connection with these Website Terms.

7.5 Subject to this paragraph 7, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct loss or damage arising out of any breach or other act or omission in connection with these Website Terms will not exceed the total amount paid by you to us for use of the services on this website.

8. Miscellaneous

8.1 If for any reason this website is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes beyond the control of Health Guide (including war, riot, natural disaster, labor dispute or law taking effect after the date you enter into this agreement with us), which corrupt or affect the administration, security, fraud, integrity or proper conduct of this website, we reserve the right in our sole discretion to cancel, terminate, modify or suspend the website.

8.2 We may, with notice to you:

transfer our rights and obligations under these Website Terms to our nominee;
require you to novate this agreement in favor of our nominee; and/or
act with your irrecovable power of attorney to sign any necessary documents to enable any such transfer, delegation or novation.

8.3 These Website Terms record the entire agreement between you and us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of these Website Terms.

8.4 If any part of these Website Terms is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.

8.5 Any failure or delay by us to exercise or enforce these Website Terms does not waive our rights to enforce these Website Terms.

8.6 These Website Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales, Australia.

8.7 If you have any questions or feedback about this website or these Website Terms, please contact asking.how.to@gmail.com

Last updated 10 April 2009