Website Terms

Equilibria Collective Pty Limited (ACN 695 621 160)

These Website Terms set out the terms on which Equilibria makes its website and other online content available to users. By accessing or using the website or other online content, the user agrees to be bound by these Terms.

The site details below identify the website to which these Terms apply on each occasion they are published. The body of these Terms applies in the same form across each website and social media channel operated by Equilibria from time to time.

Operator: Equilibria Collective Pty Limited (ACN 695 621 160) and its related and associated entities, partnerships and business names from time to time

Website address: www.equilibriacollective.com.au

Contact email: support@equilibriacollective.com.au

Website Terms

These Website Terms (Terms) apply to your access to and use of the website identified above (Site) and any social media account, page, channel, group or other online platform operated by Equilibria in connection with that Site (together, the Online Content).

By accessing or using the Site or the Online Content, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site or the Online Content.

1. DEFINITIONS

The following expressions used in these Terms have the following meaning, unless the context clearly requires otherwise:

(a) Applicable Law means any applicable statute, regulation, by-law, ordinance, policy or subordinate legislation in force from time to time in Australia.

(b) Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

(c) Booking Request means any booking, reservation, enquiry or expression of interest submitted through the Site or Online Content.

(d) Claim means any claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action or claim for compensation, however arising.

(e) Consequential Loss means any incidental, indirect, consequential, punitive or special damages, including lost business, lost opportunity, lost revenue or lost profits.

(f) Equilibria or we or us or our means Equilibria Collective Pty Limited (ACN 695 621 160), trading under the name set out at the top of these Terms, together with any of its related or associated entities, partnerships or business names from time to time.

(g) Intellectual Property Rights or IP means all intellectual and industrial property rights, including copyright, patents, trade marks, designs, business names, trade secrets, know-how, methodologies, frameworks, systems, templates, content, images, video, audio, written material and all other rights resulting from intellectual activity.

(h) Online Content means the Site and any social media account, page, channel, group, profile, podcast, email newsletter or other online platform operated by Equilibria in connection with the Site, and all text, images, video, audio, posts, downloads, articles, captions, comments, responses and other content published or made available by Equilibria through any of those channels.

(i) Personal Information has the meaning given in the Privacy Act 1988 (Cth).

(j) Services means the services offered by Equilibria from time to time, including (without limitation) workplace health, safety and people consultancy services, health and wellness coaching services, breath work, nutrition coaching, programs, packages, events and any other services offered through the Online Content.

(k) Service Agreement means the written agreement entered into between Equilibria and a user setting out the terms on which Equilibria will provide Services to that user, including any Master Services Agreement, Statement of Work, Service Agreement, Coaching Agreement or other engagement document.

(l) Site means the website identified at the top of these Terms.

(m) User or you or your means any person who accesses or uses the Site or the Online Content.

(n) User Content means any content, comment, post, review, testimonial, image, video, message or other material submitted, uploaded, posted, transmitted or otherwise made available by a User through the Site or the Online Content.

2. ACCEPTANCE AND APPLICATION

(a) By accessing or using the Site or any other Online Content, the User agrees to be bound by these Terms in respect of that access and use.

(b) These Terms apply to all access to and use of the Online Content, including access via desktop, mobile, app, social media platform, email or any other means.

(c) Equilibria may amend these Terms from time to time by updating the version published on the Site. The current version of the Terms is the version applicable to the User's access and use at any given time.

3. GENERAL INFORMATION ONLY

(a) All content published by Equilibria on the Site or any other Online Content is provided for general information and educational purposes only. It is not, and is not intended to be, advice tailored to the User's individual circumstances.

(b) Without limiting clause 3(a), nothing on the Online Content constitutes:

(i) legal advice;

(ii) financial, accounting, investment or tax advice;

(iii) medical, dietetic, psychological or other regulated health advice;

(iv) workplace health, safety or industrial relations advice tailored to a specific business, workforce, role, premises or incident;

(v) a substitute for professional consultation with a qualified practitioner; or

(vi) an offer, recommendation or solicitation to act in any particular way.

(i) the User is solely responsible for determining whether any information, content or material on the Online Content is suitable, appropriate or fit for the User's purposes, having regard to the User's individual circumstances;

(ii) Equilibria has no way of knowing the User's individual circumstances and the Online Content is not designed for, and may not be suitable for, any particular User;

(iii) the User must obtain independent professional advice from a suitably qualified practitioner before acting or refraining from acting on the basis of anything published on the Online Content; and

(iv) Equilibria is not responsible for any decision the User makes, or any action the User takes or refrains from taking, in reliance on anything published on the Online Content.

(d) Where Equilibria provides Services to the User, those Services are governed by a separate Service Agreement entered into between Equilibria and the User. Nothing on the Online Content forms part of, replaces or modifies the terms of any Service Agreement.

4. NO WARRANTY AS TO FITNESS FOR PURPOSE

(a) To the maximum extent permitted by law, Equilibria makes no representation or warranty that:

(i) any content, information, material, post, video, audio, download or other content on the Online Content is accurate, complete, current, reliable, suitable, appropriate or fit for the User's purposes;

(ii) the Online Content will be available without interruption, error or omission;

(iii) the Online Content will be free from viruses, malware, defects or other harmful components; or

(iv) any particular result, outcome or benefit will be achieved by the User as a result of accessing or using the Online Content.

(b) The Online Content is provided on an 'as is' and 'as available' basis. The User accesses and uses the Online Content at the User's own risk.

(c) Nothing in this clause limits or excludes any guarantee, warranty, right or remedy implied or imposed by Applicable Law (including the Australian Consumer Law) which cannot be lawfully excluded, restricted or modified.

5. PERMITTED USE

(a) The User may access and use the Online Content for the User's own personal, non-commercial use, and otherwise as expressly permitted in these Terms.

(b) The User must not, and must not attempt to:

(i) copy, reproduce, distribute, modify, adapt, translate, publish, transmit, sell, license, rent, lease, sublicense or otherwise commercially exploit any part of the Online Content;

(ii) frame, mirror, scrape, harvest, data-mine or use any automated means to access or copy the Online Content;

(iii) reverse engineer, decompile or disassemble any part of the Online Content;

(iv) introduce any virus, malware, trojan, worm or other harmful code to the Online Content;

(v) interfere with, disrupt or attempt to gain unauthorised access to the Online Content, any server or system on which it is hosted, or any user account;

(vi) use the Online Content for any unlawful, fraudulent, harmful, defamatory, obscene, offensive, harassing or discriminatory purpose;

(vii)impersonate Equilibria or any other person, or misrepresent the User's affiliation with any person or entity;

(viii) remove, obscure or alter any copyright, trade mark or other proprietary notice on the Online Content; or

(ix) use the Online Content in any manner that breaches Applicable Law, any third party's rights or these Terms.

(c) Equilibria may, at any time and without notice, suspend, restrict, terminate or revoke any User's access to the Online Content where Equilibria considers (in its sole discretion) that the User has breached these Terms or engaged in conduct inconsistent with the proper use of the Online Content.

6. INTELLECTUAL PROPERTY

(a) All Intellectual Property Rights in the Online Content, including the design, layout, structure, text, images, video, audio, downloads, methodologies, frameworks, brand names, logos, trade marks and any other content, are owned by or licensed to Equilibria.

(b) Nothing in these Terms transfers any Intellectual Property Rights to the User. The User is granted only a limited, non-exclusive, non-transferable, revocable licence to view the Online Content for the User's own personal non-commercial use, in accordance with these Terms.

(c) The User must not represent any of Equilibria's content, frameworks, methodologies or materials as the User's own, or use any of Equilibria's brand names, logos or trade marks without Equilibria's prior written consent.

(d) Where the User wishes to share or reproduce any part of the Online Content (including for media, commentary or educational purposes), the User must obtain Equilibria's prior written consent and must attribute the content to Equilibria.

7. USER CONTENT

(a) Where the Online Content allows Users to submit comments, posts, reviews, testimonials, messages or other content, the User retains ownership of the Intellectual Property Rights in any User Content the User submits.

(b) By submitting User Content to the Online Content, the User grants Equilibria a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable licence to use, reproduce, modify, adapt, publish, distribute, display and create derivative works from the User Content for any purpose connected with Equilibria's business, including for marketing, promotion and educational purposes.

(i) the User owns or has the necessary rights to submit the User Content;

(ii) the User Content does not infringe any third party's Intellectual Property Rights, privacy or other rights;

(iii) the User Content is not unlawful, defamatory, obscene, offensive, harassing, discriminatory, misleading or deceptive; and

(iv) the User Content does not contain any virus, malware or other harmful code.

(d) Equilibria may, in its sole discretion and without notice, remove, edit or refuse to publish any User Content.

(e) The User indemnifies Equilibria from and against any Claim arising from or in connection with any User Content submitted by the User.

8. BOOKINGS, RESERVATIONS AND ENQUIRIES

(a) The Online Content may allow Users to submit Booking Requests in respect of Services offered by Equilibria from time to time.

(b) A Booking Request submitted through the Online Content is an enquiry only and does not constitute:

(i) an offer or commitment by Equilibria to provide any Services;

(ii) an acceptance by Equilibria of the User's enquiry; or

(iii) a binding agreement between Equilibria and the User.

(c) Equilibria is not obliged to accept any Booking Request and may, in its sole discretion, decline to proceed with any Booking Request for any reason.

(d) Where Equilibria elects to proceed with a Booking Request, the provision of any Services is conditional on:

(i) Equilibria providing the User with written confirmation that it accepts the Booking Request;

(ii) the parties entering into a separate Service Agreement setting out the scope, fees, payment terms and other terms of the engagement; and

(iii) the User satisfying any conditions specified by Equilibria (including, where applicable, completion of any health questionnaire, payment of any deposit or provision of any other information reasonably required by Equilibria).

(e) No binding agreement to provide Services arises between Equilibria and the User unless and until the conditions in clause 8(d) have been satisfied. Until that time, the User is not entitled to assume that Services will be provided and Equilibria has no obligation to provide any Services to the User.

(f) Where the User has made any payment in respect of a Booking Request that does not result in a Service Agreement being entered into, Equilibria will refund that payment to the User, less any reasonable administrative or processing costs incurred by Equilibria.

9. THIRD PARTY LINKS AND CONTENT

(a) The Online Content may contain links to or refer to third party websites, social media accounts, products, services, content or resources (Third Party Content).

(b) Third Party Content is provided for the User's convenience and information only. Equilibria does not endorse, recommend, control or assume responsibility for any Third Party Content.

(c) The User accesses and uses Third Party Content at the User's own risk and subject to the terms and conditions and privacy policies of the relevant third party. Equilibria is not liable for any loss or damage arising from the User's access to or use of Third Party Content.

10. PRIVACY AND COOKIES

(a) Equilibria collects, uses and discloses Personal Information about Users in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

(b) Equilibria's collection, use, disclosure and handling of Personal Information is also governed by Equilibria's Privacy Policy, which is published on the Site and forms part of these Terms by reference.

(c) The Site may use cookies and similar tracking technologies to enhance the User's experience, analyse Site usage and improve the Site's functionality. By using the Site, the User consents to Equilibria's use of cookies in accordance with the Privacy Policy.

(d) The User may disable cookies in the User's browser settings but doing so may affect the User's ability to use certain features of the Site.

11. EMAIL, MARKETING AND COMMUNICATIONS

(a) Where the User provides Equilibria with the User's email address, mobile number or other contact details (including through a Booking Request, subscription form, lead magnet, opt-in or similar), the User consents to Equilibria contacting the User by those means in connection with Equilibria's Services, Online Content and related offerings.

(b) The User may unsubscribe from marketing communications at any time using the unsubscribe link in any marketing email or by contacting Equilibria at the email address set out at the top of these Terms.

(c) Even where the User unsubscribes from marketing communications, Equilibria may still contact the User in respect of any Booking Request, Service Agreement or other matter directly relevant to the User's relationship with Equilibria.

12. USE OF ARTIFICIAL INTELLIGENCE

(a) Equilibria may use Artificial Intelligence (AI) and generative AI tools in the preparation, creation, editing, scheduling and delivery of Online Content.

(b) Where AI is used to assist with the creation of Online Content, the content is reviewed by Equilibria before publication. Equilibria does not use AI in a way that is misleading or that misrepresents the source or accuracy of the content.

13. TESTIMONIALS AND CASE STUDIES

(a) Any testimonials, reviews, case studies or examples published on the Online Content represent the experience of the individual or business who provided them and are not a guarantee, representation or warranty of any particular result, outcome or experience for any other person.

(b) The User acknowledges that the User's experience may differ from any testimonial, review, case study or example published on the Online Content.

14. LIMITATION OF LIABILITY

(a) To the maximum extent permitted by law, Equilibria's total aggregate liability to the User in connection with the Online Content (whether arising in contract, tort (including negligence), under statute or otherwise) is limited to AUD $100.

(b) In no event will Equilibria be liable to the User for any Consequential Loss arising out of or in connection with the User's access to or use of the Online Content, even if advised of the possibility of such loss.

(c) Without limiting clauses 14(a) or 14(b), Equilibria is not liable for any loss or damage arising from or in connection with:

(i) any reliance by the User on any content, information or material published on the Online Content;

(ii) any decision made or action taken by the User in reliance on the Online Content;

(iii) any interruption, delay, error, omission or unavailability of the Online Content;

(iv) any virus, malware or other harmful code transmitted through the Online Content;

(v) any unauthorised access to or alteration of the User's information; or

(vi) any Third Party Content.

(d) Nothing in these Terms limits or excludes any guarantee, warranty, right or remedy implied or imposed by Applicable Law (including the Australian Consumer Law) which cannot be lawfully excluded, restricted or modified. Where Applicable Law implies any such guarantee, warranty, right or remedy, Equilibria's liability is, to the maximum extent permitted, limited to (at Equilibria's election) the resupply of the relevant service or the cost of resupplying the relevant service.

(e) The User indemnifies Equilibria from and against any Claim arising from or in connection with:

(i) the User's access to or use of the Online Content;

(ii) the User's breach of these Terms;

(iii) any User Content submitted by the User; or

(iv) the User's negligent or unlawful act or omission,

(v) except to the extent caused by Equilibria's negligence or wilful misconduct.

(f) This clause survives termination of the User's access to the Online Content.

15. SUSPENSION AND TERMINATION

(a) Equilibria may, at any time and in its sole discretion, without notice:

(i) modify, suspend, withdraw or discontinue all or any part of the Online Content;

(ii) restrict or terminate any User's access to the Online Content; or

(iii) remove or refuse to publish any User Content.

(b) Equilibria is not liable to the User or any other person for any loss or damage arising from any modification, suspension, withdrawal, discontinuance, restriction or termination under clause 15(a).

(c) Termination of the User's access to the Online Content does not affect any rights or obligations that have accrued before termination, or any clauses of these Terms that by their nature are intended to survive termination.

16. GOVERNING LAW AND JURISDICTION

(a) These Terms are governed by the laws of New South Wales, Australia.

(b) The User and Equilibria submit to the exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals from those courts.

17. MISCELLANEOUS

(a) If any provision of these Terms is held to be invalid, unenforceable or illegal, that provision will be read down to the minimum extent necessary, and if it cannot be read down, will be severed. The remaining provisions of these Terms continue in full force and effect.

(b) A waiver of any right or remedy under these Terms is only effective if given in writing. A failure or delay by Equilibria in exercising any right or remedy does not constitute a waiver of that or any other right or remedy.

(c) These Terms constitute the entire agreement between Equilibria and the User in respect of the User's access to and use of the Online Content, and supersede all prior negotiations, representations, warranties and understandings.

(d) The User may not assign or transfer the User's rights or obligations under these Terms. Equilibria may assign or transfer its rights and obligations under these Terms without notice to the User.

(e) All notices to Equilibria must be sent to the contact email set out at the top of these Terms.

18. CONTACT

For any questions or concerns about these Terms or the Online Content, please contact Equilibria at the email address set out at the top of these Terms.