General Terms

Viva! Health at Work (ABN 52 117 058 321, subsidiary of L’Amour Yoga Institute Pty Ltd) provides human-centred design consultancy and training services. Our primary website links also to third party training or financial collections and transactions sites. We use education and marketing or customer relationship management third party sites also. We do not take responsibility for third party websites. We operate our site: www.vivahealthgroup.com.au

Terms and conditions associated with the engagement of our services or products mean that you acknowledge and accept that your use of an online site indicates your acceptance with these terms, policies, and procedures. Please be aware that certain parts of our main site may function as social media, including discussion forums in third party websites, in which case material you submit may be visible to others or data collected for marketing and promotion or research purposes. Online sites may include product advertising, services, information, text, graphics, materials, social media forums, applications, functions, and promotions. In addition to these online terms, other terms of use or conditions may apply to your use of any of our online sites (or parts thereof) or to any products or services offered via our online sites and affiliated third party sites. As part of your use of any of these sites, you may need to agree to specific terms or conditions of a website or application. We are not responsible or liable for the content of third-party sites. Any links provided are done so for your convenience only, and do not indicate sponsorship, endorsement, or recommendation by us.

To access some sites, payment may be required (such as to access online training material). Third-party payment transaction sites may be used (such as PayPal) and Viva! Health at Work does not guarantee any product or service, or information technology provided through a third-party site. Viva! Health at Work reserves the right to restrict access to material requiring payment until payment has been received in full and transferred to accounts owned and accessible by Viva! Health at Work.

Terms and conditions apply to all products and services provided by Viva! Health at Work (such as limited-term access to online materials). Fees and charges may apply to products and services and may be varied at any time without notice prior unless and except where notice is required by law or code. Government charges, cancellation penalty fees, taxes, or duties may apply.

Viva! Health at Work reserves the right to cancel access to products or services if terms and conditions are not met, or change service dates if delivery quotas are not met (such as attendance quotas for training), and for other reasons deemed of merit by Viva! Health at Work.

Content that you submit to media sites may be retained and used as per the policies and procedures outlined in our Privacy Policy. While reasonable steps have been undertaken to ensure that information and access to the website and online material is free from error, to the extent permitted by law, we do not warrant the functionality, accuracy, adequacy, or completeness of site content. All information is subject to change without notice. We do not guarantee that any online or third-party site will be free from viruses or access and function will occur as intended or be uninterrupted, free from error – as such, we recommend that users employ their own virus-protection mechanisms on their devices. All terms implied by law, except those that cannot be lawfully excluded, are excluded.

Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, we, and our directors, employees, agents, contractors and related bodies corporate, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any site or user content, third-party site content, third-party services, or access (or lack of access) to an online site (or website operated Viva! Health at Work) by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

Indemnity

You indemnify us (and our related bodies corporate) in respect of any liability incurred by us (and any of our related bodies corporate) for any loss, cost, damage or expense, howsoever caused, suffered by us (and any of our related bodies corporate) as a result of your breach of these online terms or your use of any of our online sites.

No advice

Unless specifically provided, no online-site purports to provide you with product or service advice of any kind, including the determination of the correct and appropriate application of tools, resources, or methods (e.g. exercise prescription or work design approach and tool for a custom situation). The information available via an online site is general advice only and does not take account of your personal health, work, or financial objectives, situation or needs. You should consider obtaining independent advice before making a decision about any product or service available through an online site.

We suggest that you seek independent advice before acting upon any Site Content or any information found on a Third Party Site.

Availability of an online site

Since electronic services are subject to interruption or breakdown, access to an online site is offered on an "as is" and "as available" basis only.

We may impose limits or restrictions on the use you may make of an online site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these online terms, we may vary or withdraw an online site (or part thereof, including the products and services described) at any time and without notice to you.

Any cost associated with accessing an online site is your responsibility and is dependent on the internet or telecommunications service provider used.

Restrictions on use of an online site

Site Content is provided solely for bona fide personal or commercial customers, or their legitimate representatives. You agree that you will not, (either yourself or through any third-party):

(a) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process ("Automated Process") to process, monitor, copy or extract any web pages on any of our Online sites, or any of the information, content or data contained within or accessible through any of our Online sites, without our prior written permission;

(b) use any automated process to aggregate or combine information, content or data contained within or accessible through any of our Online sites with information, content or data accessible via or sourced from any third party;

(c) use any information on or accessed through any of our Online sites for any commercial purpose (including but not limited to market research, the provision of pricing estimates or 'shadow shopping') or otherwise (either directly or indirectly) for profit or gain;

(d) use any device, software, process or routine to interfere or attempt to interfere with the proper working of any of our Online sites or any transaction or process being conducted on or through it;

(e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to any of our online sites;

(f) reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with any of our Online sites; or

(g) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from any of our Online sites without our prior written permission.

Third-party providers

Parts of our online sites, or the provision of payment processing or other services offered via our online sites, may be outsourced to third-party providers. These online terms apply to any outsourced services unless you are otherwise notified of any alternate terms of use.

Copyright and trademarks

Site content is owned or licensed by us and is protected by copyright laws in Australia and overseas.

Except where necessary for and incidental to viewing or using the site content via your web-enabled browser (whether on a personal computer or on a portable electronic device), or as permitted under the Copyright Act 1968 or other applicable laws, no site content may be reproduced, published, stored (for any period of time) in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without our specific written consent.

The online sites may include trademarks which are protected by law. We and our related bodies corporate reserve all copyright and other legal rights with respect to our respective trademarks, whether registered or otherwise.

Termination

Termination of these Online Terms

Unless otherwise stated in these terms, these online terms and/or your access to our online site(s) may be terminated at any time by us. You may terminate your use of our Online sites at any time. However, all restrictions, licenses granted by you, and all disclaimers and exclusions of and limitations on our liability, will survive any termination.

Prohibition on access post-termination:

Upon termination of these Online Terms and your right to access to our online site(s), you must not directly or indirectly access or use any part of our Online site(s) or any Site Content.

Changes to these online terms

These are the current online terms. We reserve the right at any time to vary these Online Terms for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of an Online site, by publishing the varied Online Terms on the Online sites. We do not have to indicate on an Online site that these Online Terms have changed, nor are we under any obligation to specifically contact or notify you of any variation to these Online Terms. You accept that we provide you with enough notice of any variation by making available the current version of the Online Terms on the Online site you use. By your use of an Online site after any variation, you are taken to have accepted the new Online Terms.

Our complaints resolution process

If you are dissatisfied with your dealings with us in relation to your use of an online site please let us know by contacting us at [email protected]

We will review your complaint and contact you with a reply or to ask you for further information, if it is required. If you make a complaint and it is about an insurance policy or insurance claim, you may have additional rights of appeal, such as under our formal dispute resolution process. We will tell you if that is the case. Our dispute resolution administration can be contacted via [email protected]

General

An Online site may be viewed and interacted with by anyone in the world, however age limits may apply to certain site content (including the sale or issue of any product), promotions or offers.

Should any term or part of these online terms be found to be void, unenforceable or invalid, then it is severed from these online terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of the online terms.

You may not rely on our words or conduct as a waiver of any right unless the waiver is in writing. In this term "conduct" includes delay in the exercise of any right. "Right" means any of our rights arising under or in connection with these Online Terms or otherwise and includes the right to rely on this term. "Waiver" includes an election between rights and remedies and conduct which might otherwise give rise to an estoppel.