Terms and Conditions
Part One
General Statement
1.1 The Lifestyle Medicine Institute and Vitality Works jointly own and operate the website and the content located at chiphealthhra.com.au (Website).
1.2 These terms and conditions (Terms and Conditions) govern the relationship between us and (you or your) who use and access the Wellbeing360™.
1.3 By visiting the Wellbeing360™ Website and using the Website Features (including by accessing any linked pages or information owned by the Lifestyle Medicine Institute and you agree to be bound by and abide by these Terms and Conditions and any other applicable terms and conditions that we require you to agree to. If you do not accept these Terms and Conditions, or any other applicable terms and conditions, you must refrain from using the Wellbeing360™ Website and its Website Features.
2 This Website does not provide medical advice
2.1 The information contained on the Website and provided as part of the Website Features:
2.2 Content contained in the Website and provided through the Website Features is not intended to be used to diagnose, treat, cure or prevent any disease or condition, or intended to be relied on for therapeutic purposes. No person should act in reliance on any statement contained in the content provided on the Website and the Website Features (except to consult a registered medical professional when recommended).
2.3 If, after using any of the Website Features, you have any questions concerning the suitability or appropriateness of any of the information provided to you, you should consult your registered medical practitioner or healthcare professional.
2.4 You should not delay or disregard seeking medical advice, or cease or commence pursuing a particular course or form of treatment on the basis of any information provided to you on the Website, or conveyed to you as part of any of the Website Features. Your registered medical practitioner or healthcare professional is responsible for diagnosing you and advising you of the appropriateness or suitability of treatment options for you.
3 Using the Website
3.1 Your use of the Website and participation in the Website Features is voluntary and any information, personal or otherwise, contributed to the Website is provided voluntarily by you. You may discontinue your use of, and your participation in, the Website or any Website Feature at any time.
3.2 Unless we agree otherwise in writing, you are provided with access to the Website and Website Features only for your personal use. You are authorised to print a copy of any information contained on the Website. You must not otherwise modify, copy, reproduce, republish, frame, upload, post, transmit, distribute or provide a link to the contents of the Website in any way, except as expressly permitted by the Website, or with the written authorisation of the Lifestyle Medicine Institute.
3.3 Access to the Website, including to your Account, may be terminated at any time by us without notice. These Terms and Conditions and any other applicable terms and conditions will survive any such termination.
3.4 You agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions, or by laws, which apply to you. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website. You may not obtain or attempt to obtain any materials or information through any means not made available or provided to you through the Website.
3.5 The Lifestyle Medicine Institute will deal with your personal and sensitive information that you provide to us as part of establishing and maintaining an Account in accordance with our Privacy Policy on our website.
4 Sharing of information
Individuals are given access to the Wellbeing360™ via the Complete Health Improvement Program (CHIP). Organisations use the Wellbeing360™ as a way of measuring and planning health and wellbeing initiatives. All individual results of the Wellbeing360™ remain confidential. No individual health information will be passed onto any third party. However aggregate scores and health trends may be passed onto authorized organizations to assist in the development of health and wellbeing initiatives. More information on this is contained in the privacy policy.
5 Intellectual property
5.1 Unless otherwise specified, all intellectual property, including copyright, in the content of the Website and the Website Features (including text, graphics, logos, icons, sound recordings and software associated or used in connection with the Website and the Website Features) is owned or used under license by the Lifestyle Medicine Institute. 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 jurisdiction, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:
5.2 If you believe that any content on the Website infringes your copyright, you should contact us in accordance with clause 10 of these Terms and Conditions with the particulars of the alleged infringement, including the work you believe has been infringed, how and where the alleged infringement has taken place and your contact details.
6 Linked websites
6.1 The Website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not be accurate, current or maintained.
6.2 We are not responsible for the content or privacy practices associated with linked websites.
6.3 If a link to a Linked Website is not functioning, please notify us immediately of the details provided at clause 18 of these Terms and Conditions.
6.4 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 content, information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary. We do however, develop, document, and follow specific policies and procedures for evaluating and choosing sites with which to link. Linked Websites are reviewed for appropriateness at least annually.
7 Privacy
The Lifestyle Medicine Institute considers your privacy to be of the utmost importance. We have developed a Privacy Policy to inform you of how we manage your personal information and maintain its integrity and security. 'Personal information' generally means any kind of information in any form about a person that identifies that person and includes sensitive information such as health information. We undertake to comply with the terms of our Privacy Policy in respect of any information you provide to us through the Website or as part of the Website Features, including your personal information and sensitive information. Our Privacy Policy can be accessed on our website.
8 Governing law
These Terms and Conditions are governed by and construed in accordance with Australian law – depending on where you originated your information – without regard to conflict of laws principles. By visiting and using this Website and its Website Features, you irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Australia – depending on where you originated your information – and the courts that hear appeals from those Courts (to the exclusion of the courts or tribunals of any other jurisdiction) in connection with any dispute or claim arising from these Terms and Conditions, the Website or the Website Features of the Website.
9 General
9.1 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be notified on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the amended Terms and Conditions.
9.2 If any provision of these Terms and Conditions is found to be unenforceable for any reason, then that provision shall be deemed deleted from these Terms and Conditions and all other provisions shall remain in full force and effect.
9.3 No waiver by us of any breach of these Terms and Conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by us, our related entities, employees or agents (which but for this clause ought or might amount to a waiver of our rights in respect of any such breach or default) does not operate as a waiver in any way of our rights and powers in respect of such breach or default.
9.4 We are not liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay or failure is due to circumstances beyond our reasonable control, which results in us being unable to observe or perform on time an obligation under these Terms and Conditions, including, without limitation, acts of God, acts of government or acts of third parties (including war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, Internet failure, equipment failure or strike or lockout).
9.5 These Terms and Conditions and any warranties implied by law, which are not capable of being excluded or modified, embody the whole agreement between you and the Lifestyle Medicine Institute and supersede any prior arrangement, understanding or representation between us.
10 More information about
You can access more information about the Lifestyle Medicine Institute at the Website at chiphealth.org.au
11 Communications, complaints and notices
11.1 To contact us, give us feedback, make a complaint or give notices to the Lifestyle Medicine Institute you can contact us by email at info@chiphealth.org.au
Terms and Conditions
Part Two
CHIP Participation Agreement
1. LICENSE GRANT.
Conditioned on your continued compliance with the terms and conditions of this Agreement, this Agreement provides to each end user (referenced herein as “You” or with “your”) a personal (use only), revocable, limited, non-exclusive, and nontransferable license to access materials for and use or participate in the CHIP Health Program in the form or format made available by LifeStyle Medicine Institute LLC (“LMI”), program facilitators, area developers, sponsors or any person or entity that assists with providing the CHIP Health program (collectively, the “Program Providers”). All rights not expressly granted to You herein are hereby expressly reserved to LMI. Accordingly, without LMI’s separate written permission, the contents of the CHIP Health Program may not, in whole or in part, be reproduced, copied, disseminated, entered into a computer database, used as part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means inconsistent with this Agreement. In addition, You may not remove or alter any proprietary notice on the CHIP Health Program.
2. PARTICIPATION REQUIREMENTS.
In order to participate in the CHIP Health Program, LMI requires that You provide certain information and complete the registration and submission procedures fully in order to create a CHIPHealth account. Although You will be solely responsible for the information displayed or included within your own account listing, LMI will have the exclusive right to determine whether your account listing and its related information meets the requirements of this Agreement and any other requirements for the CHIP Health Program identified by LMI on CHIP Health websites. Program Providers reserve the right to modify your account information as they deem necessary to correct information. Upon completing any registration forms provided by Program Providers, LMI will provide a confirmatory e-mail notifying You of whether or not your registration has been approved. LMI, in its sole discretion, may deny you use of the CHIP Health Program and its related services if your registration, expressions of consent, or submitted information do not meet LMI's requirements or violates the terms and conditions of this Agreement. By installing, downloading, accessing, and/or using the CHIP Health Program, You represent that You have the right, power, and authority to create a binding agreement with LMI and fulfill your obligations under this Agreement and that You agree to abide by all applicable local, state, national laws and regulations with respect to your use of the CHIP Health Program. You further represent and agree that you will act in a manner that does not cause disruption at any ChipHeath Program event or in a manner that interferes with any other individual’s use of or participation in the CHIP Health Program.
3. DELIVERY OF INFORMATION.
By downloading, accessing, or using the CHIP Health Program in order to view its content or submit information of any kind, You represent that You will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the CHIP Health Program, including, without limitation, when You provide information via a CHIP Health Program registration or submission form. By participating in the CHIP Health Program, you give CHIP Health facilitators and essential staff (as designated by LMI) permission to access and view the information you provide to the CHIP Health Program which may include personally identifiable information. Moreover, You acknowledge that Program Providers do not endorse or edit any information provided by You, except to make necessary corrections that Program Providers determine to make in their sole discretion. Nevertheless, LMI reserves the right to delete information or take other action that LMI believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to LMI or its products, services, and goodwill. In connection with delivering and providing to Program Providers any information for the CHIP Health Program, including any name or other personally identifiable information, You hereby and automatically grant to LMI and Your Program Providers a non-exclusive, worldwide, royalty-free, sublicenseable right and license to copy, distribute, display, reformat, transmit, and otherwise use any such information as necessary in connection with the CHIP Health Program and LMI’s related service obligations including, but not limited to, for purposes of conducting research studies and publishing articles concerning such studies and the CHIP Health Program. With respect to any such information, You must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide LMI with reasonable proof thereof (if requested)) required for Program Providers to use such information in connection with LMI’s services and the CHIP Health Program. You also acknowledge that with respect to any information submitted to the CHIP Health Program, LMI has no control over the extent to which any information may be further used by any third party or person once it's posted or displayed by You. Therefore, LMI assumes no responsibility for the display or use of such information by third parties or other persons.
4. FEE.
If You purchase any products or services from Program Providers in connection with your CHIP Health Program, You or Your purchase may be subject to additional terms, including but not limited to any available refund or return policy, or delivery terms.
5. PROPRIETARY RIGHTS.
The CHIP Health Program is owned, controlled, and licensed by LMI or its licensors. Except as expressly provided herein, LMI does not grant any express or implied right to You or any other person or entity. This CHIP Health Program is Copyright © 2013-14 LifeStyle Medicine Institute LLC. All rights reserved. CHIPHEALTH, LIFESTYLE MEDICINE INSTITUTE, the CHIP Health logo, and all other names, logos, and icons identifying LMI and its programs, products, and services are proprietary trademarks of LMI, and any use of such marks, including, without limitation, as account identifiers or as domain names, without the express written permission of LMI is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
6. CONFIDENTIALITY & NONDISCLOSURE.
You understand that as part of your participation in the CHIP Health Program You may be provided with confidential information relating to LMI, the CHIP Health Program, participants in the CHIP Health Program, or other materials related to the CHIP Health Program (collectively, the “Confidential Information”). Such Confidential Information shall include, without limitation, any and all confidential or nonpublic data and information which relate to the CHIP Health Program and/or LMI, and any and all confidential or nonpublic commercial, technical, and design documentation provided to You by or on behalf of LMI in connection with your participation in the CHIP Health Program. In consideration of disclosure of the above-described Confidential Information to You, You hereby agree to safeguard and keep confidential the Confidential Information and not to disclose such Confidential Information to any third party. You further agree to use such Confidential Information only in furtherance of the purposes of this Agreement and the uses expressly permitted by LMI and not for the benefit of any third party. You further agree that all documents, samples and other information in tangible form relating to the Confidential Information will be returned to LMI upon request. Except as expressly provided by this Agreement, this Agreement shall not be construed as granting or promising to grant any further license under the Confidential Information to You or to any other party.
Sessions conducted as part of the CHIP Health Program also constitute Confidential Information. You hereby agree to not record any sessions conducted as part of the CHIP Health Program. You acknowledge that LMI is to be held harmless for any and all liability that may arise directly and indirectly in connection with any unauthorized dissemination of CHIP Health Program materials.
7. MEDICAL WAIVER AND RELEASE.
You understand that LMI and its authorized employees, representatives, and/or contractors do not provide medical treatment, and any information or advice you receive from LMI and its authorized employees, representatives, and/or contractors should not be viewed as a substitute for medical services. You acknowledge that you are hereby advised by LMI that You should not participate in the CHIP Health Program without first consulting with your physician. You further acknowledge that LMI and its authorized representatives and/or contractors are not responsible for your medical care in any way. In addition, You represent to LMI that You are physically able to participate in the CHIP Health Program and that You accept full responsibility for determining your ability to participate in the CHIP Health Program. In consideration of the opportunity to participate in the CHIP Health Program, You hereby agree to release, discharge and hold harmless LMI and its officers, directors, subsidiaries, members, agents, employees, contractors, volunteer staff, successors and assigns from any and all liability that may arise directly or indirectly, now or in the future, by reason of any injury, damage, loss, or expense incurred in connection with your participation in the CHIP Health Program, including any costs incurred as a result of obtaining medical treatment for yourself. You also waive any and all claims or causes of action which You may now or hereafter have against LMI or your Program Providers that may arise as a result your participation in the CHIP Health Program including, without limitation, any claims or causes of action that may arise as a result of any pre-existing health conditions that You may have, regardless of whether LMI or Your Program Providers were aware of such pre-existing health conditions at the time of your participation in the CHIP Health Program. You understand that You may participate in certain in-person activities as part of the CHIP Health Program, and that the remote possibility of injury, accident, or illness always exists. Therefore, in the event that You become incapacitated, You hereby authorize and appoint LMI or its employees/contractors as your agent to act for You (in your name) to contact available emergency medical personnel and secure emergency medical transport for You. Despite this authorization, You acknowledge and understand that LMI does not assume any obligation to provide financial or other assistance for You, including, without limitation, medical, health, or disability insurance, or any costs related to medical treatment or transport.
8. DRIED BLOOD SPOT TESTING.
Dried Blood Spot testing performed as part of the CHIP Health Program is conducted by Bay Shore Laboratory and Areomed. By providing your blood sample, you grant permission to Bay Shore Laboratory and Areomed to perform testing on the sample. You understand that LMI is not responsible for the validity of the test results. You hereby hold harmless LMI for any and all liability that may arise directly or indirectly in connection with the receipt of your blood test results.
9. DISCLAIMER.
Aside from using commercially reasonable efforts to ensure that the CHIP Health Program can be used by Participants in accordance with this Agreement, LMI makes no other representations or warranties about the suitability, completeness, timeliness, reliability, legality, or accuracy of the chip health program for any purpose. the chip health program is otherwise provided “as is” and “as available” without warranty of any kind, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement as well as any warranty related to the use, or the results of the use, of the CHIP health program.
10. LIMITATION OF LIABILITY.
You agree that in no event shall LMI be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with participation in or the use of the CHIP health program by you or anyone else, whether based in contract, tort, strict liability, or otherwise, even if LMI has been advised of the possibility of such damages. You also acknowledge and agree that LMI shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to provide or obtain the necessary rights clearance for any information you submit to the CHIP Health program in a timely or accurate manner. Moreover, Lmi assumes no responsibility for the deletion of or failure to store any content or information. Without limitation of the foregoing, the total liability of LMI for any reason whatsoever related to participation or use of the CHIP health program or for any claims relating to this agreement shall not exceed $1,000 (USD).
11. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless LMI and all of its affiliates, employees, agents, directors, officers, employees, shareholders, attorneys, successors, and assigns, from and against any and all third party claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your breach of your respective express obligations, representations, or warranties in the Agreement.
12. GOVERNING LAW.
This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the State of California.
13. TERM AND TERMINATION.
This Agreement and your right to use the CHIP Health Program will take effect at the moment You click 'I ACCEPT' or You install, download, access, or use the CHIP Health Program or any of its materials, whichever occurs first, and is effective until terminated as set forth below. This Agreement will terminate automatically if You click 'I DO NOT ACCEPT' or if You fail to comply with any of the terms and conditions described herein. Termination or expiration of this Agreement will be effective without notice. You may also terminate at any time by ceasing to use the CHIP Health Program, but all applicable provisions of this Agreement will survive termination, as outlined below. Upon termination or expiration, any right to use the CHIP Health Program will immediately cease and You must return, destroy, or delete from your system all copies of the CHIP Health Program (and any associated materials and data) in your possession or control. The miscellaneous provisions as well as the provisions concerning LMI’s proprietary rights, confidentiality, Participant representations, disclaimers of warranty, limitation of liability, termination, and governing law, however, will survive the termination or expiration of this Agreement for any reason.
14. MISCELLANEOUS.
This Agreement, along with the Terms of Use and Privacy Policy made available to You on the CHIP Health Program website, represents the entire agreement between You and LMI with respect to use of the CHIP Health Program, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and LMI with respect to the CHIP Health Program. Additional notices, terms, and conditions may apply to subscription or use of other CHIP products or receipt of services, participation in a particular event, or online registration with a CHIP Health program. LMI’s obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Agreement should be construed to alter such terms, conditions, notices, and agreements. Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of that or any subsequent default or failure of performance. No joint venture, partnership, employment, alliance, or agency relationship exists between You and LMI as result of this Agreement or your utilization of the CHIP Health Program. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect. This Agreement and any rights granted by LMI may not be assigned or transferred by You without the prior express written consent of LMI. This Agreement shall inure to the benefit of LMI and its respective legal representatives, successors, and assigns.