Terms and Conditions
Your access to and/or use of the Functional For Life (FFL) website and associated webpages www.functionalforlife.com.au, is conditional on your acceptance of the following terms and conditions. By accessing or otherwise using this Website, you accept and agree to these terms and conditions. If you do not agree to these terms and conditions, you must refrain from accessing or using the Website.
These terms and conditions apply to the use of this website, including the use of the information services offered on this website.
In these terms and conditions, the expression “we”, “us” and “our” are a reference to the Functional For Life Brand.
All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from action taken nor reliance made by you on any information or material posted by us. You should make your own inquires and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service.
We do not accept responsibility for any loss or damage, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of the condition or warranty to one or more of the following:
if the breach relates to goods,
the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
if the breach relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
Exception to disclaimer
The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
You acknowledge that we are a distributor of any content on this website attributed to a third party. Our editorial control in relation to content attributed to a third party is limited to the selection of materials to make available. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.
Where the information made available over this service contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this services and it remains your responsibly to evaluate the accuracy, completeness and usefulness of any such information.
Responsibility for the content of advertisements (if any) appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Copyright in this website (including text, graphics, logos, icons, sound recording and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
commercialise any information, products or services obtained from any part of this website;
without our written permission or, in the case of third party material, from the owner of the copyright in that material.
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered or proprietary trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us.
You must not use any of our trade marks:
in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products or services (including this website); or
without our written permission.
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
This website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with Linked Websites.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
FFL collects personal information about you primarily to:
provide you with the goods, services and information that you request from us; and
provide you with information about FFL products or services, including to invite you to seminars, functions or events hosted by FFL.
If it is reasonable to expect that we would do so we may use or disclose your personal information for purposes which are related to the primary purposes set out above. This may include us using or disclosing that personal information to:
send newsletters to you;
inform you of products that can be purchased from FFL;
inform you of developments at FFL and other services that we can provide; and
assist you with enquiries or complaints.
If possible, we will provide you with a choice to opt-out of any of the above and any of our marketing activities. We will respect your request to decline to receive marketing communications if such a request is made of us by you.
In some cases we will be required or authorised by Australian law, or the order of a court or tribunal to collect personal information about you.
If you do not provide the necessary personal information we may not be able to provide the service, product or information you have requested from us.
How personal information is collected
Unless it is unreasonable and impracticable to do so, we will collect your personal information from you directly.
In some cases however, we may collect information about you from a third party, such as your employer or firm, or from other third parties.
Naturally we collect and hold a broad range of personal information gathered during the course of providing our products or services. However we strive to ensure that we collect and hold only that personal information which is relevant and necessary to the product, service or information you have requested from us.
We will take reasonable steps to let you know when we have collected your personal information, unless it is obvious from the circumstances that you would know or would expect us to have the information.
Disclosure of personal information
We may disclose your personal information to the following third parties:
external providers of services that we may use to operate our business and manage our business systems (for example, this may include market research analysts, file storage service providers, database and mailing service providers, couriers and/or freight service providers, printers, call centers, providers of payment processing and identity verification services and IT technicians who may need access when providing on-site support (although it is our practice for them to work under supervision).
Those companies will be permitted to access only the personal information they need to deliver the service to you. FFL takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
We may also disclose your Personal Information to other FFL members through our Directory of Members.
We are not likely to disclose information to overseas recipients unless it is with your consent, or the disclosure is required or authorised by law.
Our contact details in respect of any issues in relation to privacy are:
Security of information
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer and other terms which are capable of survival will nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
Amendment of Terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.