Hidden Disabilities Sunflower - Australia & New Zealand Service Terms
We are Bayley House ACN 617 500 633 trading as Hidden Disabilities Sunflower - Australia & New Zealand ('Company', 'we', 'us', or 'our'), the sole distributor of the Hidden Disabilities Sunflower in Australia and New Zealand. Bayley House is a company registered in Australia at 52 Middle Cresent Brighton 3186, Victoria, Australia.
You can contact us by phone at 0425 554 004, email at [email protected], or by mail at 928 Nepean Hwy, Hampton East, Victoria 3184, Australia.
We operate the website https://hdsunflower.com.au/ (the 'Website') and supply products and services, including videos containing our content that are informational, raise awareness, provide training or similar (the 'Services').
At all times, the purchaser and supply of any of our Services are subject to these legal terms (the 'Service Terms'), and you agree that these Service Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you') and us. You agree that by purchasing or accessing any of the Services, you have read, understood, and agreed to be bound by all of these Service Terms. IF YOU DO NOT AGREE WITH ALL OF THESE SERVICE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Website or attached to the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Service Terms at any time and for any reason. We will alert you about any changes by updating the 'Last updated' date of these Service Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Service Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Service Terms by your continued use of any of Services after the date such revised Service Terms are posted.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use any of the Services. If you are a minor, you must have your parent or guardian read and agree to these Service Terms prior to you using the Website or the Services.
We recommend that you print a copy of these Service Terms for your records.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Intellectual Property Rights
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties here in Australia, in the United States and around the world.
The Content and Marks are provided in or through the Services on an 'AS IS' basis for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Service Terms in full, including the 'PROHIBITED ACTIVITIES' clause below, and you first making all payments required for the use of the Services, we grant you a non-exclusive, non-transferable, revocable license to:
- access and use the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in these Service Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in our Service Terms, please address your request to: [email protected]. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, it can only be to the extent we grant such permission in writing and you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Service Terms and your right to use our Services will terminate immediately.
Please review this clause and the 'PROHIBITED ACTIVITIES' clause carefully prior to using our Services to understand the: (a) rights you give us; and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, content, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
- confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission is original to you or that you have the necessary rights and licenses to submit such Submissions to us for our use (on unlimited, perpetual and irrevocable basis) and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential information, breach an obligation of confidentiality or an infringement of another person's intellectual property right.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this clause 2, (b) any third party’s intellectual property rights, or (c) applicable law.
By purchasing or using the Services, you represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you have the legal capacity and you agree to comply with these Service Terms; (d) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (e) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (f) you will not use the Services for any illegal or unauthorised purpose; (f) your use of the Services will not violate any applicable law or regulation; and (g) you will not sub-license, commercially exploit, misuse or make public any of the Services or content supplied via the Services.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to register to acquire or use the Services. You agree to keep your login details and password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products we supply via the Services are subject to availability (as we may discontinue or update certain products from time to time), and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
Purchases and Payment
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All prices are "ex GST" and GST will be added to the price of purchases as required. We may change prices at any time however once you have secured your order, you have secured the price for that order. All payments shall be in Australian Dollars.
You agree to pay all charges at the prices then in effect for your purchases, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order and on renewal of subscriptions. If your order is subject to recurring charges (such as a subscription), then you acknowledge that if you do not consent to our charging your payment method on a recurring basis, your access will be suspended or terminated without requiring your prior consent. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. [charging of subscriptions for discussion]
We reserve the right to refuse any order you place. We may, in our sole discretion, limit or cancel quantities purchased per person, per organisation or business, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Please review our Return Policy posted on the Services prior to making any purchases.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to do any of the following:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein;
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
- Use any information obtained from the Services in order to harass, abuse, or harm another person;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Use the Services in a manner inconsistent with any applicable laws or regulations;
- Engage in unauthorised framing, syndication, distribution, replication, or copying of or linking to any portion of the Services;
- Upload or transmit (or attempt to upload or to transmit) viruses, malware, ransomware, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
- Engage in any automated use of the system or flooding, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content;
- Attempt to impersonate another user or person or use the username of another user or catfish or sock puppet in any way;
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms');
- Interfere with, disrupt, flood or create an undue burden on the Services or the networks or services connected to the Services (in such instances may reduce or throttle down your use);
- Harass, annoy, intimidate, or threaten any of our personnel, employees or agents engaged in providing any portion of the Services to you or any other users of the Services;
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software or materials comprising or in any way making up a part of the Services;
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software;
- Use a buying agent or purchasing agent to make purchases on the Services;
- Make any unauthorised use of the Services, including harvesting content, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, creating user accounts by automated means or under false pretenses, or for re-use or resale;
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise;
- Use the Services to advertise or offer to sell goods and services;
- use or copy any of the Services from us onto other websites, applications (including mobile apps);
- sub-licence, develop, modify or adapt any of our Services or Content, any software in such or any of our documentation in any way;
- sell, share, distribute or otherwise transfer your profile, username or password (and those of your users) in any way;
- rent, lease, lend, charge, resell, redistribute, sub-licence, develop, modify or adapt any of the Services or Content, software or software updates in any way; or
- make the Services or Content (or any software in such) available over a network or embed online where it could be used by others, unless otherwise agreed in writing by us.
The Services does not offer users to submit or post content.
- By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We reserve the right but not the obligation to: (a) monitor the Services for violations of these Service Terms; (b) take appropriate action (including suspending, reducing or terminating access, or even legal action) against anyone who, in our sole discretion, violates the law or these Service Terms, including without limitation, reporting such user to law enforcement authorities; (c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (d) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (e) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services. We are not responsible or liable for the acts or omissions of third parties (including other users).
Term and Termination
These Service Terms shall remain in full force and effect at all times, even during any suspension of the Services and after you finish using the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE SERVICE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, REDUCE OR THROTTLE DOWN ACCESS, SUSPEND OR DENY ACCESS, OR TERMINATE ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY OBLIGATION, CONDITION, REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE SERVICE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION IF YOU BREACH ANY OBLIGATION, CONDITION, REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE SERVICE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
If your account, subscription or right to access or use any of the Services or Content is:
- suspended, you will not have access or use any of the Services or Content during the period of suspension (or allow any others any such access or use);
- terminated, you will not have any further access or use of the Services or Content on and from the time of termination, and you must return all Content and materials in your possession.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times (we give no uptime guarantee). We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Service Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Service Terms shall be governed by and defined following the laws of Victoria, Australia, and the courts in that state shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Service Terms.
- Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Service Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least one hundred twenty (120) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
TO THE FULL EXTENT PERMITTED AT LAW, THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (B) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
TO THE FULL EXTENT PERMITTED AT LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FOR ANY OTHER LIABILITY WE MAY HAVE TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
WHERE WE CANNOT EXCLUDE THE APPLICATION OF THE AUSTRALIAN CONSUMER LAW, YOUR REMEDY UNDER SUCH LAWS IS LIMITED TO THE LIMITATIONS IN THIS CLAUSE OR US REPAIRING THE SERVICES AND RESUPPLYING AGAIN, OR SOURCING ANOTHER SUPPLIER TO RESUPPLY THE AFFECTED SERVICE.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) use of the Services; (b) any breach of your representations and warranties set forth in these Service Terms; (c) your violation of the rights of a third party, including but not limited to intellectual property rights; or (d) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Service Terms and any policies or operating rules posted by us on the Services or with respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Service Terms shall not operate as a waiver of such right or provision. These Service Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Service Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Service Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Service Terms or use of the Services. You agree that these Service Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Service Terms and the lack of signing by the parties hereto to execute these Service Terms.
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:
Hidden Disabilities Sunflower - Australia & New Zealand
928 Nepean Hwy
Hampton East, Victoria 3184
Phone: 0425 554 004