CLEAN HEALTH PRODUCT, SERVICE & WEBSITE

TERMS & CONDITIONS 

 Last Updated 28th October 2022 

These Terms and Conditions (Terms) govern your use of our Website (CH, us) via our company or associated partner websites, primarily located at: 

1. www.cleanhealth.edu.au 

2. www.cleanhealth.com.au 

3. www.inutritionpro.com

When visiting our Website, you form a binding contractual agreement between you, the user of the Website and us, Clean Health IP Holdings Pty Ltd (ACN: 609 260 568) trading as Clean Health (CH), the owner of the Website. 

For that reason, these Terms are important, and you should ensure that you read them carefully and contact us with any questions before you use the Website and purchase any digital products from us. You can contact us via the contact us section of our Website for further information should you require it. 

By using the Website, you acknowledge and agree that you have had sufficient chance to read and understand these Terms, and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website. 

These Terms of Use may be modified ongoing, and you should regularly review them, acknowledging that your continued use of the Website constitutes your Agreement to any modified Terms. 

1. LICENCE TO USE WEBSITE 

   • We grant you a non-exclusive, worldwide, non-transferable licence to use the Website per the terms and conditions in this Agreement. 

   • You may generally access and use the Website (including any incidental copying that occurs as part of that use). 

   • You must not add any content to the Website: 

   • Unless you hold all necessary rights, licences, and consents. 

   • That would cause you or us to breach any law, regulation, rule, code, or other legal obligation. 

   • That is or could reasonably be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or breach of privacy. 

   • That would bring us, or the Website, into disrepute; or 

   • infringe any person’s intellectual property or other rights. 

   • The Website may, from time to time, contain links to other websites as well as content added by people other than us. We provide these links for your convenience to provide further information. We do not endorse, sponsor, or approve any such user-generated content available on any linked website. Further, we have no responsibility for the content of the links to other websites. 

   • You acknowledge and agree that: 

   • We retain complete editorial control over the Website and may alter, amend, or cease the operation of the Website at any time in our sole discretion.  

   • The Website will not operate continuously and may be unavailable from time to time (including for maintenance purposes). 

   • The content on this Websites page is for your general information and use only and is subject to change without notice.

2. INTELLECTUAL PROPERTY RIGHTS 

   • Nothing in these Terms constitutes a transfer of any intellectual property rights.  

   • You acknowledge and agree that, as between you and us, we own (or have the right to use licensed to us) all intellectual property rights on the Website. This intellectual property includes, but is not limited to, all digital products advertised throughout this Website, our company logo and registered trademarks, the design, layout, look, appearance, and graphics along with the written content on the Website, all proprietary videos, HTML/CSS, JavaScript, pictures, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included on the Website, excluding only the materials you provide (Web Content). Reproduction of any of the above is prohibited other than by the copyright notice, which forms part of these Terms.  

   • No Web Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded unless we expressly grant written permission. Modifying or using the Web Content for any other purpose violates our copyright and other proprietary rights, as well as other authors who created the Web Content. It may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the Web Content, including all software, tools, graphics and sound files, for public or commercial purposes without our express written permission. 

   • By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing. 

   • You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If you add any content in which any third party has moral rights, you must also ensure that the third-party consents similarly. 

   • The licence in clause 2(d) will survive any termination of these Terms. 

   • You represent and warrant that you have all necessary rights to grant the licences and consents in clauses 2(d) and 2(e). 

   • The information, text, materials, graphics, logos, button icons, images, biographical information of people used on the Website, video and audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel of the Website is protected by copyright and other intellectual property laws and are either our property or used with permission by us. 

   • Unauthorised use of this Website or any of the Web Content may give rise to a claim for damages against you and be a criminal offence by Australian and international laws

3. WARRANTIES 

   • You represent and warrant that you have the legal capacity to enter these Terms. 

   • The Website is provided by us on an “as is” basis without express or implied warranty. 

   • We do not warrant or guarantee: 

   • That access to or use of the Website will be uninterrupted or error-free or that the Website or any material on or accessible through the Website is free from errors or viruses, Trojan horses, or other harmful components, and 

   • Anything about the reliability, ownership, accuracy, completeness, timeliness, quality, performance, physical state or suitability for a particular purpose of any information or materials found on, offered or accessible through the Website. 

4. LIABILITY

   • To the full extent permitted by law, we exclude all liability concerning data loss, business interruption, or consequential or incidental damages. 

   • To the full extent permitted by law, we make no warranties or guarantees about the website’s content, the completeness of search results, safety, suitability, quality, safety or legality of any information or material on the Website. We exclude all representations, warranties, or terms (express or implied) other than those expressly set out in these Terms. By viewing this Website, you acknowledge that such information and materials may contain inaccuracies or errors. We expressly exclude liability for any such inaccuracies or errors fully permitted by Australian and international law. 

   • These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction, or modification of implied warranties, conditions, or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option: 

   • In the case of products, live events and online services: 

   • the supply of the products, live events, and services again; or 

   • the payment of the cost of having the products, live events and services resupplied. 

   • You accept all risks and responsibility for all loss, damages, costs, and other consequences resulting from using the Website, all digital products and all material accessible throughout the Website. Your use of any information or materials on the Website is at your own risk. If you are using them, you acknowledge that we are not held liable under any circumstances. You are responsible for ensuring that any products, services, or information available through the Website meet your specific requirements.

5. TERMINATION

   • These Terms terminate automatically if, for any reason, we cease to operate the Website. 

   • We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

6. INDEMNITY

    You agree to indemnify, defend, and hold us harmless from all claims, liability, damages, costs, and expenses in connection with your use of the Website, failure to comply with these Terms, or your violation of any applicable law.

7. GENERAL

   • You must not assign, sublicense, or otherwise deal in any other way with any of your rights under these Terms.

   • Suppose a provision of these Terms is invalid or unenforceable. In that case, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

   • Each party must, at its own expense, do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

   • This Agreement is governed by the laws of the State of New South Wales in Australia, and each party submits to the jurisdiction of the courts of New South Wales.

8. PAYMENT TERMS

   1. You shall pay us the fees in the amount and for the duration that you have entered and agreed to under the relevant service, live event or product you have purchased on this Website, whether upfront or as a subscription payment over the set term.

   2. The Subscription Fee for the period of the term of this Agreement shall be paid on the Effective Date. The Subscription Fee for all subsequent Subscription Periods of this Agreement shall be paid to CH on the first day of each following Subscription Period, under subsection 8.4, below.

   3. The amount of the Subscription Fee does include all applicable taxes.

   4. You shall provide a valid credit card for automatic bill paying or another acceptable payment method to CH. You shall take all necessary steps to authorise automatic payment of the Subscription Fee as per the terms outlined on the relevant product page.

   5. By agreeing to this Agreement, you now authorise CH to automatically charge said method of payment for all Subscription Periods during the term of this Agreement.

   6. If for any reason, automatic payment shall be denied, CH will make three more attempts within the next seven days. If payment is still unresolved, access to the product, live event or service will be withheld by CH.

   7. The Client must manually complete the payment to regain full access to the product before being given access to the product, live event or service. Suppose your outstanding amount is not resolved within one (1) month. In that case, your account will be closed, and you will not have access to the relevant product, live event or service. We reserve the right to refer the outstanding amount to a debt collection agency or similar service to recover funds owed to CH.

   8. Specifically, before any live events, all payments must be made in full; otherwise, you will be refused access to the relevant event.

   9. Any additional payment terms between CH and you shall be agreed to in writing and outlined in an invoice, billing agreement, or other written document.

   10. The Term of this Agreement shall commence on the date of purchase of the digital product and shall continue until the digital product payment amount is fulfilled. In the case of SaaS products, a notice period of one (1) month is required post-trial to cancel your Agreement with CH.

   11. Upon termination of this Agreement for any reason, all rights and subscriptions granted to you shall immediately terminate. You shall cease using the product or service or attending the live event and prohibit Authorized Users from using any of them. 

9. REFUND POLICY

   1. Product, Live Event or Service Fees  Product, live event or service fees may vary depending on the country, state, territory, and the subsequent exchange rate when the product, live event or service is purchased. Please get in touch with our customer support team for more information, or you can visit the individual product, live event or service pages in the shop section of our Website. 

   2. Outstanding Fees  We reserve the right to withhold certificates, access to products, live events or services and any other records of results where any course or administration fees remain outstanding. 

   3. Refund Policy on Products or Services

       All CH Products, Live Events or Service purchases are strictly final, and no refunds will be given under any circumstances.

      However, suppose, for some reason, you are unable to complete or utilise a product, live event or service which you have purchased; in that case, we may refund or credit by the following company guidelines: 

      1. If we cancel the product, live event or service, full credit will be granted to use towards any CH product, live event or service created within 12 months of the purchase date.

      2. Suppose you cancel the product or service within seven days of the purchase date. In that case, a full credit of the product, live event or service fee will be granted to use towards any product, live event or service created by CH within 12 months of the purchase date, provided you have notified us in writing with at least five days’ notice post-purchase.

      3. Cancellation of any product or service after purchase will result in no credit being given, nor will a refund be considered.

         In closing, by ticking that you have read and understood our Terms before purchasing one of our products, live events or service, you are waiving any rights, claims or justification for a refund under any circumstances.

   4. Course Enrolment Administration Fees

      All course fees include a non-refundable administration fee of AUD$200. If you cancel your course and request a refund, we may refund fees by the refund policy. That part of the fees that represent the enrolment administration fee will not be refunded at any time or under any circumstance.

   5. Changes to Product, Live Event or Service Advertising

      We reserve the right to change the details of the products, live events or services we promote without breaching our refund policy due to unforeseen circumstances, such as changing host venue, dates or presenters to live events, services or virtual summits.

      In closing, by ticking that you have read and understood our Terms before purchasing one of our products or services, you are waiving any rights, claims or justification for a refund under any circumstances. 

10. ARBITRATION OF DISPUTES
    Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, where you are situated outside of Australia will be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force.

     The appointing authority shall be the Australian Centre for International Commercial Arbitration. The number of arbitrators shall be one (1). The place of arbitration shall be Sydney, Australia. The language to be used in the arbitral proceedings will be English.