Fountainhead Organic Health Retreat Website Terms & Conditions
CURRENT AS AT: 12/01/16
This Site, the Programs and the Retreat are owned and operated by FOUNTAINHEAD AUSTRALIA PTY LIMITED ACN 165 649 463 (“Fountainhead”). Your access to and use of the Site and Programs is subject to these Terms & Conditions. Use of the Site and indicates your acceptance of these Terms & Conditions. Please read them carefully before using the Site or Programs.
Booking, in respect of a Client, means a booking to use or participate in a Program and/or attend at the
Business means the business operated by Fountainhead and includes the Site, Programs, Retreat and
- Client means the person or entity that uses or participates in the Site and/or a Program and/or the Retreat;
- Fountainhead means Fountainhead Australia Pty Limited ACN 165 649 463;
- Intellectual Property means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, software, business and domain names, inventions and other results of intellectual activity related to or connected with the Business throughout the world including without limitation:
i. the treatment and educational method known as ‘The Fountainhead Method’;
ii. all names, whether registered or not, related to or connected with the Business including without
limitation the names ‘The Fountainhead Method’, ‘Fountainhead’, ‘Fountainhead Retreat’ and
‘Fountainhead Organic Health Retreat’;
iii. technical information, including trade secrets, drawings, plans and method descriptions relating to or
connected with Business;
iv. all domain names related to or connected with the Business;
v. all material and software related to or connected with the Business including without limitation all
engineering results, calculations and tests;
vi. user information or manuals related to or connected with the Business;
vii. licences, certificates and authorisations related to or connected with the Business;
viii. books and records relating to or connected with the Business;
ix. advices relating to or connected with the Business;
x. marketing information relating to or connected with the Business;
xi. the information, names, text materials, graphics, logos, button icons, images, video and audio clips,
trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface,
look and feel, and control features of the Business;
(a) Programs means the programs of treatment and educational methods developed and taught by Fountainhead and its duly authorised representatives and includes the Intellectual Property and Program means one of them;
(b) Retreat means the retreat known as Fountainhead Organic Health Retreat located at 67 McCarthy Rd Maleny, Queensland, Australia;
(c) Site means the website located at the domain “www.fountainhead.com.au”.
In these Terms & Conditions, unless inconsistent with the context or subject matter:
- a reference to a person includes any other legal entity;
- a reference to a legal entity includes a person;
- words importing the singular number include the plural number;
- words importing the plural number include the singular number;
- the masculine gender must be read as also importing the feminine or neuter gender;
- a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
- headings are for reference purposes only and must not be used in interpretation;
- where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
- a reference to a statute includes all regulations and subordinate legislation and amendments;
- references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;
- a reference to a monetary amount is a reference to an Australian currency amount;
- an obligation of two or more parties binds them jointly and each of them severally;
- an obligation incurred in favour of two or more parties is enforceable by them severally;
- references to time are to local time in Queensland;
- where time is to be reckoned from a day or event, the day or the day of the event must be excluded;
- a reference to a business day means any day on which trading banks are open for business in Queensland;
- if any time period specified in these Terms & Conditions expires on a day which is not a business day, the period shall expire at the end of the next business day;
- a reference to a month means a calendar month.
(s) Fountainhead grants to the Client a non-exclusive, non-assignable licence to use the Site for the Client’s personal use only strictly in accordance with these Terms & Conditions.
(t) The Client acknowledges and agrees with Fountainhead that the Client will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation intellectual property rights) in the Site, of the Business, other than the non-exclusive, non-assignable rights granted in accordance with these Terms & Conditions.
(u) The Client acknowledges and agrees that these Terms & Conditions apply to updates, supplements, add on components, or other internet based services or components of the Programs and Site.
3.1 In order to use the Site, the Client requires the equipment and connections necessary to access the World Wide Web. Without limitation, the Client is responsible for:
(a) the provision of any such connection or access to the World Wide Web;
(b) the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
(c) the provision of all equipment necessary for the Client to make any such connection to the World Wide Web, including a computer and a modem.
4. System Integrity & User Conduct
4.1 The Client must not use the Site or to the extent applicable, the Programs or the Retreat to:
(a) do or omit to do anything which is a breach of or inconsistent with these Terms & Conditions and any applicable laws;
(b) impersonate or otherwise misrepresent the Client’s identity or affiliation with any other person or entity;
(c) input, upload, post, disclose or transmit any material that is defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening, harassing or misleading or deceptive;
(d) input, upload, post, disclose or transmit any material which is subject to intellectual property rights of Fountainhead or any third party or breaches any duty of confidence or contractual obligation owed to Fountainhead or any third party;
(e) input, upload, post, disclose or transmit any material that is unlawful or violates any law;
(f) send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 to any person or company;
(g) download and store electronically, reproduce, transmit, display, copy, distribute or use the Site or any material contained in it;
(h) upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage the operation of the Site or another’s computer or property of another;
(i) sub-license, rent, lease, transfer or attempt to assign the rights in the Site to any other person and any dealing in contravention of this sub-clause shall be ineffective;
(j) falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;
(k) conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
(l) interfere with or disrupt the Site or servers or networks connected to the Site or Programs or Retreat, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or Programs or Retreat;
(m) attempt to gain unauthorised access to the Site or Programs or Retreat or computer systems or networks connected to the Site or Programs or Retreat through any means;
(n) commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
(o) collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation email addresses; or
(p) breach the Privacy Act 1988 as amended, or the Australian Privacy Principles;
(q) contravene or breach any applicable state, Commonwealth or international law, convention or regulation.
4.2 The Client acknowledges and agrees that the Client must not:
(a) use the Site for any purpose other than the purpose for which it was designed and intended;
(b) remove or alter the security or use restriction mechanisms implemented in the Site;
(c) attempt to gain unauthorised access to any materials other than those to which the Client has given express permission to access or to the hosting computer system;
(d) commit or permit any act which may interfere with the use of the Site by any other user;
(e) tamper with, hinder the operation of or make unauthorised modifications to the Site or any part thereof;
(f) damage or modify the Site or any part thereof;
(g) reverse engineer, decompile or disassemble the Site or any part thereof;
(h) copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Site or any content within the Site or any part thereof; or
(i) modify, alter, adapt, disassemble, reverse engineer, decompile or amend the Site or any content within the Site or any part thereof in any way.
4.3 Fountainhead reserves the full and exclusive right to remove any offending or inappropriate material or persons from the Site without notice.
4.4 Without limiting any other clause, the Client will indemnify Fountainhead against any loss, damage or liability arising from or connected to the unauthorised use of the Site by the Client or any breach by the Client or of any of the matters set out in this clause.
5. Links & Advertising
5.1 This Site may contain links to third party websites. Those websites are not under the control of Fountainhead and Fountainhead is not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites.
5.2 Neither Fountainhead nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party websites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from the Site. The Client acknowledges that it enters any third party websites at its own risk.
5.3 The Site may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Fountainhead nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If the Client chooses to order a product or service advertised by a third party on the Site, it does so at its own risk.
5.4 The Client must not link the Site from any other website or facility not owned or operated by Fountainhead.
6. General Maintenance and Technical Support
6.1 The rights granted to the Client do not entitle the Client to receive from Fountainhead any technical support, telephone assistance, or enhancements or updates to the Site, however this does not prevent Fountainhead from offering such services at its sole discretion.
6.2 Fountainhead will endeavour to carry out any non-urgent support services, upgrades, updates, supplements, add on components, or other internet based services or components of the Site outside of usual business hours.
7. Enquiries and Bookings
7.1 All enquiries and Bookings must be made directly through Fountainhead.
7.2 The Client must be legally able to form binding contracts to make a Booking. This means the Client must not enquire about or make or attempt to make a Booking or use or participate in a Program or the Retreat if the Client is under 18 years of age (in which case the Booking must be made by the Client’s parent or guardian), lacking in capacity (in which case the Booking must be made by the Client’s power of attorney or guardian) an undischarged bankrupt, or under any type of insolvency, administration or other insolvency event. The Client must also be in a stable psychological state in order to attend at the Retreat.
8.1 Fountainhead does not warrant that:
(a) The Site will provide any function for which it is not specifically designed;
(b) The Site will provide any minimum level of performance;
(c) The Site will be virus free or free of performance anomalies or be operational without interruption;
(d) The Programs and Retreat will assist or cure any particular Client or issue.
8.2 The Client warrants to Fountainhead that at the time of entering the Site, the Client was not relying on any representation made by Fountainhead.
8.3 Except as expressly provided to the contrary, and to the extent permitted by law, Fountainhead makes no representations or warranties of any kind, express or implied as to the operation of the Client’s access to or the results of the Client’s access to the Site or the Programs (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or products included on the Site or the Programs.
9.1 The Client acknowledges that:
(a) To the extent permitted by law, the Site is provided by Fountainhead on an “as is” basis without any express or implied warranty of any kind;
(b) The Site may contain inaccuracies or typographical errors;
(c) The Client is responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Site;
(d) The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, the Client acknowledges and accepts the risk that any communication to or from the Site may be intercepted, used or modified by third parties;
(e) Fountainhead may change any of the material in the Site at any time without notice;
(f) Fountainhead makes no commitment to update any material on the Site;
(g) The Client accepts all risks and responsibility for all loss, damage, costs and other consequences resulting from the Client’s use of the Site or the material on or accessible through the Site.
10. Limitation of Liability
10.1 Where the law implies into these Terms & Conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms & Conditions provided that the liability of Fountainhead, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which the Client may sustain shall be limited, at the option of Fountainhead, to:
(a) in the case of services, the supply of the services again, or the payment of having the services resupplied; or
(b) in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.
10.2 The Client releases Fountainhead and its officers, directors, employees, agents or related bodies corporate from its liability for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use or reliance on the material or information available on or accessible through the Site, even if Fountainhead has been advised of the likelihood of such damages and whether or not caused by any negligent act or omission.
10.3 Without limiting Clause 10.2, the Client releases Fountainhead from any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Site or any part of it, whether or not caused by any negligent act or omission including but not limited to:
(a) loss of use, data or profits on any theory of liability arising out of or in connection with the use of or the inability to use the Business or any part of it;
(b) the Client’s reliance on the Site or any part of it;
(c) any information that is sent or received or not sent or received;
(d) any delay or interruption of the Site or any part of it;
(e) any loss or damages in relation to the supply of services on or in relation to Site or any part of it.
11.1 The Client agrees to indemnify and hold harmless Fountainhead, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all losses, damages, expenses and costs (including solicitor client costs on a full indemnity basis) and all third-party claims, liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified in relation to or in connection with the Client’s use of the Site or the Client’s failure to comply with these Terms & Conditions or from the Client’s violation of any applicable law.
12. Ownership of intellectual property
12.1 The Client acknowledges and agrees that Fountainhead owns the Intellectual Property and that no right, title or interest in any of the Intellectual Property is transferred or granted to the Client other than the rights granted expressly by these Terms & Conditions.
12.2 The Client must not at any time assert any right to or over such Intellectual Property or take, appropriate, or represent any or all such Intellectual Property as its own.
12.3 The Client undertakes not to take or permit or omit any action which would or might:
(a) invalidate or put in dispute Fountainhead’s title in the Intellectual Property or any part of it;
(b) oppose any application for registration or invalidate any registration of the Intellectual Property or any part of it;
(c) support any application to remove or undo Fountainhead’s title in the Intellectual Property or any part of it; or
(d) assist, by act or omission, any other person directly or indirectly in any of the above.
(a) Fountainhead is committed to maintaining the privacy and confidentiality of personal information and believes that the responsible use of personal information collected is critical to its business objectives and reputation.
14.1 Without limiting the generality of any other provision in these Terms & Conditions, Fountainhead may terminate these Terms & Conditions and/or a Client’s use of or access to the Site immediately if the Client breaches any provision of these Terms & Conditions and seven (7) days has lapsed since the Client was served with a written notice that states how the breach can be remedied and the breach has not been remedied.
14.2 Notwithstanding subclause 14.1, Fountainhead may, by written notice to the Client, immediately terminate these Terms & Conditions:
(a) in the event of the other party’s insolvency, receivership, or bankruptcy, assignment for the benefit of creditors, or where any substantial part of its property is, or becomes, subject to any lien, levy, seizure assignment of sale for or by any creditor to governmental agency without being released or satisfied within ten days; or
(b) if the other party ceases or threatens to cease conducting itself in an acceptable manner as determined by Fountainhead in its absolute discretion.
14.3 In addition to the rights set out above, these Terms & Conditions may be terminated by written agreement of both parties.
14.4 The rights and remedies of each party contained in this clause are in addition to any other rights and remedies by law or under these Terms & Conditions.
15. Effect of expiry or Termination
(a) On termination:
(i) Fountainhead will cease to provide access to and use of the Site; and
(ii) the Client shall have no further rights to use the Site.
(b) Any rights which may have accrued to either party shall be unaffected.
(c) All rights contained in these Terms & Conditions which are capable of doing so shall survive the expiration or termination of these Terms & Conditions.
16. General Provisions
16.1 Publication of electronic addresses on this Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
16.2 Fountainhead may from time to time amend, update, or change the Programs or the Site, including these Terms & Conditions, without prior notice.
16.3 These Terms & Conditions constitute the entire agreement between the Client and Fountainhead with respect to this Site, and the Terms & Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
16.4 No oral explanation or information provided by a party to another affects the meaning or interpretation of these Terms & Conditions or constitutes any collateral agreement, warranty or understanding.
16.5 If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms & Conditions shall remain in full force and effect.
16.6 The failure by Fountainhead to insist upon or enforce strict performance of any of these Terms & Conditions will not be construed as a waiver of any right or remedy of Fountainhead in respect of any existing or subsequent breach of these Terms & Conditions.
16.7 No waiver by a party of a provision of these Terms & Conditions is binding unless made in writing.
16.8 The law of Queensland, Australia govern these Terms & Conditions. The Client hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of the State of Queensland and the Commonwealth of Australia for any cause of action relating to or arising under these Terms & Conditions.
16.9 Fountainhead operates the Site and Programs in Australia. Information contained on the Site or Programs may not be appropriate or available for use in other locations. If the Client accesses the Site or Programs from other locations, the Client do so at the Client’s own initiative and the Client are solely responsible for compliance with local laws.
16.10 These Terms & Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
16.11 The rights and remedies of a party to these Terms & Conditions are in addition to the rights or remedies conferred on the party at law or in equity.
16.12 The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
16.13 Any notice or demand in writing required to be given by Fountainhead to the Client shall be sufficiently served if served personally or by pre-paid mail to the Client’s address, sent in electronic form by email to the Client’s email address or published by notice on the Site. The Client consents to receipt of notices by electronic means.