Terms Of Use

1. About the Website

(a) Welcome to Sensible Health (the ‘Website’). The Website www.sensiblehealth.net.au (the ‘Services ‘).

(b) The Website is operated by Sensible Health (ACN 657 041 453). Access to and use of the Website, or any of its associated Products or Services, is provided by Sensible Health. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c) Sensible Health reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Sensible Health updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. 

2. Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Sensible Health in the user interface.

3. Registration to use the Services

(a) In order to access some services on our website, you may have to first register for an account through the Website (the ‘Account’).

(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address

(ii) Preferred username

(iii) Mailing address

(iv) Telephone number

(v) Password

(c) You warrant that any information you give to Sensible Health in the course of completing the registration process will always be accurate, correct and up to date.

(d) Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms.

(e) You may not use the Services and may not accept the Terms if:

(i) You are not of legal age to form a binding contract with Sensible Health; or

Obligations as a Member

(a) As a Member, you agree to comply with the following:

(i) You will use the Services only for purposes that are permitted by:

(ii) You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(iii) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Sensible Health of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(iv) Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Sensible Health providing the Services;

(v) You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Sensible Health;

(vi) You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Sensible Health for any illegal or unauthorised use of the Website; and

5. Payment

(a) Where the option is given to you, you may make payment for the Services Fee by way of:

(i) Electronic funds transfer (‘EFT ‘) into our nominated bank account

(ii) Credit Card Payment 

(iii) PayPal

(iv) Stripe

(b) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

(d) You agree and acknowledge that Sensible Health can vary the Services Fee at any time.

6. Refund Policy

Sensible Health will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Sensible Health makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).

7. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Sensible Health are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Sensible Health or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Sensible Health, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(i) Copy and store the Website and the material contained in the Website in your device’s cache memory; and

(ii) Print pages from the Website for your own personal and non-commercial use. Sensible Health does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Sensible Health.

(c) Sensible Health retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) Business name, Trading name, Domain name, Trademark, Patent, Registered Design or copyright.

(d) You may not, without the prior written permission of Sensible Health and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8. Privacy

(a) Sensible Health takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Sensible Health’s Privacy Policy, which is available on the Website.

9. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(i) Sensible Health will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you ‘as is’ and ‘as available’ without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Sensible Health make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Sensible Health) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or another harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii) Costs incurred as a result of you using the Website, the Services or any of the products of Sensible Health; and

(iv) The Services or operation in respect to links which are provided for your convenience.

10. Limitation of liability

(a) Sensible Health’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of

the Services to you.

(b) You expressly understand and agree that Sensible Health, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Sensible Health as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) providing Sensible Health with 14 working day’s notice of your intention to terminate; and

(ii) Closing your accounts for all of the services which you use, where Sensible Health has made this option available to you. Your notice should be sent, in writing, to Sensible Health via the ‘Contact Us’ link on our homepage.

(c) Sensible Health may at any time, terminate the Terms with you if:

(i) You have breached any provision of the Terms or intend to breach any provision;

(ii) Sensible Health is required to do so by law;

(iii) The provision of the Services to you by Sensible Health is, in the opinion of Sensible Health, no longer commercially viable.

(d) Subject to local applicable laws, Sensible Health reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Sensible Health’s name or reputation or violates the rights of those of another party.