Terms of Use
Use of this website, and information distributed in conjunction with this website is offered to you on your acceptance of these Terms of Use, our Privacy & Customer Data Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy & Customer Data Policy and other notices posted on this website.
If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our information, services, or website. We suggest you print a copy of each of these documents for your records.
Head Above Water Australia Ltd shall have the right, at her sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this website. The most recent version of these Terms of Use may always be found at headabovewater.com.au
You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on 6 December 2023.
Disclaimer
This website is for informational purposes only and is not intended to provide specific professional advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.
Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any information on this website, or otherwise distributed from Head Above Water Australia Ltd for such personal, non-commercial use, provided it is done pursuant to the User Conduct and Obligations set forth herein.
Head Above Water Australia Ltd has used best efforts to obtain accurate and timely information. We do not guarantee the accuracy, timeliness, reliability or completeness of any of the information contained on, downloaded or accessed from this website.
The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an “as is” basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. Head Above Water Australia Ltd shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person’s computer as a result of using this website.
Head Above Water Australia Ltd reserves the right, at her sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you.
As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Head Above Water Australia Ltd nor any data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if Head Above Water Australia Ltd or such provider has been advised of the possibility of such damages.
Privacy & Customer Data
You have read and agree to all of the terms and conditions of our Privacy & Customer Data Policy, which is located at headabovewater.com.au
Confidentiality and Transmissions over the Internet
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take all reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy & Customer Data Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.
Links
This website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Head Above Water Australia Ltd of the content on such third party websites. Head Above Water Australia Ltd is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites.
If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party sites. Head Above Water Australia Ltd generally welcomes the hyper-linking to this website from other appropriate websites provided such links are to the website’s homepage (and no deeper within the website) and provided we give our consent to the establishment of such links. Notwithstanding the foregoing, we reserve the absolute right to refuse to consent to such links without giving reasons. Any links to the website from another website must be presented in such a manner that the viewing of the website is not impaired by framing or similar techniques that may impair the visitor’s user experience.
User Conduct and Obligations
You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:
upload, post or otherwise transmit through or to this website any content that:
is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any personal data or e-mail addresses;
sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by Head Above Water Australia Ltd;
redistribute any content provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
intentionally alter the format in which content is provided by us or otherwise circumvent our regular interfaces to such data; and
embed or import any content provided by us into any information services (whether or not web-based), data files or application software, including without limitation electronic bulletin boards, blog services or e-publications, except as specifically permitted in writing by Head Above Water Australia Ltd.
By uploading, posting or otherwise transmitting through or to the Head Above Water Australia Ltd website/s any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy & Customer Data Policy.
Indemnification by User
You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
Proprietary Rights
Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the website and the material displayed thereon. However, no right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
All materials incorporated in or accessible through the website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the website), are protected by Australian and international copyright laws, and are owned, controlled or licensed by Head Above Water Australia Ltd, or by the original creators of such materials or their permitted licensors.
The content on this website may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.
Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
Notice of Copyright Infringement
Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
The address, telephone number or e-mail address of the complaining party.
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, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be addressed to: Head Above Water Australia Ltd at admin@headabovewater.com.au
IMPORTANT: Head Above Water Australia Ltd is based in Australia and all correspondence must be in the English language only.
General Terms
These Terms of Use (including our Privacy & Customer Data Policy) constitute the entire agreement between Head Above Water Australia Ltd and you with respect to your access to and use of the website and any third-party site accessed through the website. If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.
You agree that these Terms of Use, our Privacy & Customer Data Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.
These Terms of Use shall be governed by and construed in accordance with the laws of NSW, Australia, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of NSW, Australia.
Contact
If you have any questions or concerns about our website or these Terms of Use, please feel free to contact us at: admin@headabovewater.com.au