User Terms & Conditions

The website under the domain name infradianlife.com and associated applications, functionality and services (this Website) are owned and operated by Gemma Kelly (A.B.N. 17 116 987 472). By using this Website, you agree to be bound by these terms as amended from time to time (these Terms). If you do not agree to these Terms, do not use this Website. Your use of this Website and these Terms will be governed by and construed in accordance with the laws of Australia.

User warranties

In your use of this Website, you warrant that all of the personal information and details provided to us by you are accurate.

Limitation of liability

To the fullest extent permitted by law:

· Any condition or warranty which would otherwise be implied into these Terms is excluded; and

· I do not provide any warranty either express or implied including, without limitation, warranties of merchantability or fitness for a particular purpose.

Product information

I make every effort to ensure the accuracy of the information displayed on this Website, in my emails and on my social media channels. However, as I rely on information provided by a number of third parties, I cannot guarantee the accuracy of all information, nor that this Website is free from errors or faults.

Subject to obligations under the Australian Consumer Law, I make no representation or warranty that the information provided on this Website is timely, accurate or complete, and will not be liable for any claim or loss resulting from any action taken, or reliance made on any information or material provided on this Website, or for any incorrect or misleading information provided on this Website.

Medical advice

The information and content provided to you via this Website, in my emails, on my social media channels and through my services is for informational purposes only and is not a substitute for professional psychological or medical diagnosis, advice or treatment. If you have questions regarding a medical condition always seek the advice of a physician or other qualified health provider.

You should always seek your physician’s advice before starting any new exercise or dietary program or adjusting any medication.

Never disregard or delay seeking professional medical or psychological advice because of the content you have read on this Website, in my emails, on my social media channels and through my services.

Content and links

The copyright to all content on this Website, in my emails, on my social media channels and through my services, except for material posted via embedded third party websites and links to other websites, belongs to Gemma Kelly. You may only use content on this Website for your personal, domestic use.

This Website may contain hyperlinks to other websites and services. These links are provided for information and convenience only, and I take no responsibility for the content and maintenance of, or privacy compliance by, any linked website or service.

Personal information

I may collect personal information in order to provide services. I will not provide personal information to any third parties except to the extent such disclosure is reasonably necessary to provide services or respond to an enquiry. Where personal information is disclosed to third parties, they will only be authorised to use personal information for the purpose it was supplied to them for. If those third parties are located overseas, then personal information may be transferred overseas. I reserve the right to disclose any personal information as required by law or when disclosure is reasonably necessary to protect my rights.

For more information regarding collection and storage of your personal information, please refer to the Privacy Policy.

Intellectual Property

The copyright to all content on this Website, in my emails, on my social media channels and through my services, except for material posted via embedded third party websites and links to other websites, belongs to me or I hold rights to use such contents (the Content). Your access to this Website, in my emails, on my social media channels and through my services does not grant you a licence to use any of the Content in any commercial manner without our prior consent.

Except for the Content that is stored in your computer or device’s cache or a single permanent copy of the Content for your personal use, you must not:

· Modify, copy, transmit, distribute, display, reproduce, publish or license any of the Content;

· Use or attempt to use any of the Content to create any website or publication;

· Mirror any page within this Website; or

· Use any automated process of any sort to query, access or copy any of the Content or generate or compile any document or database based on the Content.

Cookies

I may use cookies on this Website. Cookies are small date files stored on your computer when you visit a particular website that allow your web browser to remember certain information.

In using this Website, you agree to our use of cookies and this Website may issue cookies when you visit this Website. You can disable cookies in your web browser, but it may cause some of this Website’s functions to be unavailable to you.

Email communication

I may correspond with you via email. Email is not secure and may be read, copied or interfered with in transit or impaired. You agree to assume the risks associated with transmission and to release us from any claim you may have arising from transmission defects.

Indemnity

By accessing this Website, you agree to indemnify and hold me harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of this Website.

General

I do not accept any liability for any interference with or damage to your computer system, software or data occurring in connection with or relating to this Website or its use. You should take all appropriate and adequate precautions to ensure that whatever is selected from this Website is free of viruses or other contamination that may interfere with or damage your computer system, software or data.

I reserve the right to modify these Terms at any time without notifying you. If you access this Website after any modification to the Terms, you are deemed to have accepted the modified Terms. If you are not happy with the modified Terms, you should immediately discontinue your use of this Website.

If any of these Terms are determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then that term will be severed and the remaining Terms will survive and remain in full force and effect and continue to be binding and enforceable.

My rights and remedies under these Terms cannot be waived except in writing signed by me. My delay in exercising a right or a remedy does not constitute a waiver of that right or remedy, nor does a waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or any of our other rights.

I may terminate your right to access and use this Website at any time if you breach these Terms.

Any dispute that arises out of these Terms must first be referred to me for resolution by providing details of the dispute together with your name and phone number by email. I will do my best to resolve this dispute by discussion with you within 30 business days of being notified. If we are not able to resolve the dispute in that time frame, then it may be referred to a court of competent jurisdiction.

Questions

Any questions about these Terms, this Website or Gemma Kelly’s services should be directed by email at gemma@infradianlife.com.