Terms and Conditions

BEHAVE YOURSELF PTY LTD

 1.  Introduction

Welcome to Behave Yourself Pty Ltd’s (“Behave Yourself”) website, available at www.behaveyourself.com.au (Site). By using or browsing this Site, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this Site. You must be over 18 years of age to use this Site and to use any of our Services.

2.  Amendment of terms

We reserve the right to change, modify, add or remove portions of these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of this Site from the date of publication of the new Terms and Conditions on this Site. Please check these Terms and Conditions regularly prior to using our Site to ensure you are aware of any changes. Your continued use of the Site following our posting of any amendment to these Terms and Conditions will be deemed acceptance of that amendment.

3.  Use of the Site

When using the Site, you are permitted to view, print and download material for personal, non-commercial use only. You may not distribute, sell, transmit, reproduce or publish by electronic or any other means any part of the data or content on the Site, or make any commercial use of the Site, without the prior written permission of Behave Yourself.

 4.  Intellectual Property in Content on the Site

All intellectual property in the Site and in content on the Site is property of Behave Yourself or third party licensors. You must not sell, rent, modify, adapt, edit, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, republish, sublicense, commercialise, or otherwise transfer or deal with the content in any way except as expressly permitted under these Terms and Conditions.

You acknowledge that you have no right, title or interest in or to any aspect of the Site.

Behave Yourself does not warrant or guarantee and accepts no responsibility for the accuracy or completeness of any content for any purpose. Subject to any statutory provisions which may not be excluded by law, Behave Yourself will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any content or its publication, including any action for copyright infringement, trade mark infringement, or defamation.

5.  Trade Marks

You must not use any Behave Yourself trade marks without the prior written approval of Behave Yourself.

6. Prohibited Activity

Prohibited uses of the Site include, but are not limited to:

(a) violating these Terms and Conditions or any policy posted on the Site;

(b) using the Site in a manner inconsistent with applicable policies, laws, statutes, and regulations;

(c) criminal or tortious activity or the infringement of intellectual property rights;

(d) circumventing or modifying or attempting to circumvent or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any security technology or software that is part of the Site;

(e) deleting, circumventing or altering any legal notices, rights management information or technological protection measures;

(f) activity that involves the use of viruses, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or a computer network;

(g) interfering with the use of the Site by others, including but not limited to interfering with the computer systems which support the Site, overloading a service, engaging in a denial-of-service attack, or attempting to disable a host; or

(h) impersonating or falsely representing your association with any person or organisation.

Behave Yourself may take action (including legal action) against any person who, in Behave Yourself’s determination, engages in any prohibited activity on or through the Site. Behave Yourself reserves the right to cooperate fully with any law enforcement authority in any jurisdiction and comply with the law or legal process.

7. Third Party Websites

The Site may contain links or references to internet sites operated by third parties. These third party sites are not under the control of Behave Yourself and Behave Yourself is not responsible for the content of these sites. Behave Yourself makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from these sites. Inclusion of any linked website on a Behave Yourself Site does not imply approval or endorsement of the linked website by Behave Yourself. When you access such third party sites you do so at your own risk.

8. Termination

These Terms and Conditions are effective until terminated by Behave Yourself and Behave Yourself may terminate these Terms and Conditions without prior notice to you.

9. Limitation of Liability

Behave Yourself does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified. However Behave Yourself does exclude all other rights, remedies, conditions, and warranties in respect of goods, services and the Site which may be excluded under law, custom or statute.

To the maximum extent permitted by law, Behave Yourself’s liability in respect of any goods or services purchased from or through the Site or otherwise from Behave Yourself which cannot be excluded or restricted is limited to the lesser of: (i) the replacement of any good or service purchased; and (ii) a refund of the purchase price paid by you to Behave Yourself for that good or service.

Behave Yourself will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access the Site, even if Behave Yourself has been advised of the possibility of such damages or losses.

10. Disclaimer

The Site are provided as-is and as available. Subject to paragraph 9, Behave Yourself makes no warranties of any kind, express or implied, about the Site, or the goods and services provided through the Site, including but not limited to any warranties:

(a) about the accuracy and reliability of the material posted on the Site;

(b) that your access to the Site or the material on the Site will be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.

Behave Yourself is not liable to you or any other person in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of the Site.

Behave Yourself assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of, any user communication. Behave Yourself is not responsible for any technical problems or malfunction of any telephone network or lines, online systems, servers, providers, hardware, software, due to technical problems or traffic congestion on the internet or on the Site. Behave Yourself also expressly disclaims any warranty of fitness for a particular purpose.

Behave Yourself reserves the right to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site and to interrupt the operation of the Site or any portion of the Site as necessary to perform maintenance at any time, for any reason and without notice.

11. Indemnity

You indemnify Behave Yourself, its related bodies corporate, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with:

(a) any breach or alleged breach by you of these Terms and Conditions;

(b) your use of the Site; and

(c) any violation of any law or the rights of any third party.

12. Waiver

Behave Yourself’s failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of its rights.

13. Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Behave Yourself regarding your use of the Site, superseding any prior agreements between you and Behave Yourself relating to your use of the Site.

14. Severability

If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms and Conditions will not be affected and these Terms and Conditions will be read as if the part had been deleted in that jurisdiction only.

15. Rights and Remedies Cumulative

Behave Yourself’s rights and remedies are cumulative and none of them limits any other remedy or right of Behave Yourself. Your undertakings and obligations are cumulative and none of them limits any other of your undertakings or obligations.

16. Assignment

Behave Yourself may assign its rights under these Terms and Conditions in whole or in part to any other person in Behave Yourself’s absolute discretion.

17. Governing Law

These Terms and Conditions will be governed and interpreted in accordance with the laws of the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction in that State.