(1) This document is an offer by us to you on the precondition that you are a natural person (i.e. not a company or some other legal entity) and you are at least 18 years old:
(a) joining of your own account; or
(b) a parent or guardian joining on behalf of a child who is at least 13 years old and under your direct supervision.

(2) The offer is capable of acceptance by you upon completion of the Registration steps set out on our Website. There is no other method of acceptance and an agreement is formed at that time.

This agreement commences when it is formed under clause 1(2) and continues day to day from that date subject to your continued compliance with your obligations, and our willingness to run the facility.

In consideration of you agreeing to abide by these terms and conditions, we will grant you a Healthy Comparisons Website Licence.

You are licensed to use the Healthy Comparisons Website on a non exclusive, non transferable, limited basis on the following conditions:
(1) your Healthy Comparisons Website licence is for an indefinite term and is revocable at any time by us in our discretion;
(2) this Healthy Comparisons Website licence is non exclusive and strictly limited for use in accordance with this agreement and for no other purpose.

(1) This licence gives you the opportunity to transmit Postings to us using the internet;
(2) We may in our discretion upload your Postings to our Website where they will be displayed in the public domain;
(3) We may edit and/or refuse to publish and/or remove Postings from our Website at any time.

(1) Children’s Postings must be supervised by an adult and in any case the child must be at least 13 years old.
(2) Postings include your username. Your username must comply with clause 7. We may refer to our records to identify you and you may be held legally responsible for what you submit to the Website.
(3) You must not cause or allow to be submitted any material that:
(a) is defamatory, or is otherwise unlawful, violates laws regarding harassment, discrimination, privacy or contempt;
(b) is intentionally false or misleading;
(c) infringes someone’s Intellectual Property (do not copy and paste from other websites);
(d) is vexatious, abusive, offensive, obscene, blasphemous or constituting racial vilification;
(e) compromises the privacy of yourself or others, discloses a person’s full name, or otherwise contains information that may lead to personal identification;
(f) discloses your past or current health care profession in any way as this site is based on peer support only;
(g) is made on behalf of a suspended member;
(h) is clearly outside of the stated topic;
(i) suggests that a reader go to internet searches, forums, chatrooms, message boards, websites, webpages, blogs or any other kind of commercial business of internet contact, whether or not you personally benefit; or
(j) repeatedly promotes products or services (multiple similar messages are deemed to be advertising).
(4) You hereby indemnify us for any claim against us that results from your breaching this clause.

(1) You must only register once as one person and must not share your registration.
(2) Your username will be displayed on your Postings and must be anonymous. It must not include any part of a name or an address that might allow the reader to identify a person’s residence or any words that are scandalous or offensive.

You acknowledge that we may send you newsletters by email unless you “opt out” of that mailing list.

(1) You must not attempt to:
(a) use the Healthy Comparisons Website and for any other purpose;
(b) copy, reproduce, translate, adapt, vary, merge, modify or create any derivative work based on the Healthy Comparisons Website;
(c) revise, engineer or otherwise improperly deal with or discover computer Source Code used in the Website;
(d) sell, market, transfer, license, lend or otherwise dispose of, distribute or deal with any interest in this agreement.
(2) You acknowledge and agree that we own or licence all Intellectual Property forming part of or utilized in the Healthy Comparisons Website whether in original form or as modified from time to time by any person.
(3) Each time you submit a Posting you wholly and irrevocably assign to us all Intellectual Property (for example copyright) in that Posting and waive all Moral Rights (for example the right to have the Posting attributed to you as author by reference to your legal name).
(4) You acknowledge and agree that:
(a) your Postings will be your original work; and
(b) you will not include in a Posting anyone else’s Intellectual Property.
(5) You hereby indemnify us for any claim against us that results from you breaching this clause.

(1) Our sole obligation under this agreement is to grant you the licence and to make the Website and Postings facility available to you on a best efforts basis for the duration of the licence under the terms of this agreement.
(2) We do not act as agent, representative, partner or fiduciary of or for you, or for advertisers on our Website or other members.
(3) You agree that your obligations under this agreement are for the benefit of us.

(1) You warrant that you have investigated and understood the functionality provided by the Healthy Comparisons Website and you have entered into this agreement on that basis.
(2) You acknowledge that we do not provide a professional advice forum. All material on the Healthy Comparison Website is of the nature of general discussion and is no substitute for the advice of a qualified health care practitioner.
(3) You will obtain proper medical advice and will not rely on the Website. We will not be held liable for your health.
(4) We do not warrant that:
(a) using the Healthy Comparisons Website will produce any particular, expected or projected benefit and in particular increased health;
(b) the Healthy Comparisons Website will be error free, uninterrupted or available at a particular time;
(c) the Healthy Comparisons Website will work on all computer platforms or configurations;
(d) communication via the Healthy Comparisons Website will be error free or uninterrupted;
(e) any transmission to you will be free from errors, corrupt data, virus or other harmful program or component. You must protect your computer system against such risks; and
(f) you acknowledge that the Healthy Comparisons Website operates only over the Internet on a best efforts basis and we are not liable for any loss or damages caused by any unavailability of the Healthy Comparisons Website.
(5) You acknowledge that we vet Postings and other content of the Website on a best efforts basis only. We do not warrant that there is nothing hurtful displayed on the Website. You will contact us in the first instance immediately by email to info@healthycomparisons.com.au if you find anything on the Website that causes you concern.
(6) You agree to indemnify us against any claims, actions, loss, damage, costs or similar which we are subject to or liable for arising out of your entry into this agreement, your use of the Healthy Comparisons Website, actions by you, your associates or related entities, or by a third party.
(7) Nothing in this agreement limits or excludes rights, obligations or warranties implied by Statute.

We will store and use your personal information in accordance with the Privacy Policy published on our website as updated from time to time.

(1) We may suspend operation of this agreement, the licence rights under it, and access to the Healthy Comparisons Website at any time.
(2) We may shut down the Healthy Comparisons Website and/or terminate this agreement at any time without notice.
(3) In particular we may terminate your membership if you discontinue use of the Healthy Comparisons Website for a period of time in excess of sixty (60) consecutive days.
(4) Any suspension of rights or termination of this agreement will not affect our accrued rights or your liabilities nor will it affect any provision of this agreement which is expressly or by implication intended to continue in force after such suspension or termination.
(5) If your rights are suspended, we may reinstate them in our sole discretion.

No failure, delay, relaxation or indulgence by a party in exercising any power or right under this agreement will operate as a waiver of that right nor will the exercise of that power or right on one occasion preclude it or any other power or right from being exercised on any other occasion.

If a party is required or entitled to make a determination or decision of any nature, unless the context otherwise requires, it may do so in its absolute discretion.

If any provision of this agreement is held by a Court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation:
(1) that provision is to be read down, if possible, so as to be valid and enforceable; and
(2) if that provision is not capable of being read down in accordance with subclause (1) above, it may be severed from this agreement and the validity and enforceability of the remaining provisions will not be affected.

You must not assign, in whole or in part, the benefit of this agreement without our written consent.  We may assign, in whole or in part, the benefit of this agreement upon written notice to you within a reasonable time after such assignment.

(1) Form and Service
(a) A notice, consent, approval or other communication under this agreement must be addressed to the party to whom it is to be given and may be:
(i) sent through the communication facility in the Healthy Comparisons Website; or
(ii) sent to the last known email address of a party by electronic mail.
(2) Time of Service
1) A notice is deemed to be given and received on the day of dispatch, provided that it was sent no later than 5:00p.m. on a business day and provided notice of non-delivery is not received within that time by the transmitting party.  If it is subsequently delivered, the notice is deemed to be given and received at the time of delivery;
2) any notice sent later than 5:00p.m. on a business day, or on a day that is not a business day, is deemed to be given and received on the following business day;
3) all references to time and day in this clause are to the time and day in the State of Queensland, Australia.

This agreement must be governed by and construed in accordance with the law in force in the State of Queensland, Australia and the Courts of that State will have non exclusive jurisdiction.

(1) Definitions
In addition to any terms defined elsewhere in this document, the following terms will, where the context allows, have the following meanings:
(a) “Healthy Comparisons Website” means the website accessible over the internet at http//www.healthycomparisons.com;
(b) “Intellectual Property” means the rights to any and all intellectual, commercial and industrial property throughout the world, whether registered or not, including but not limited to:
(i) copyright in works;
(ii) inventions (including patents);
(iii) trade marks and service marks;
(iv) designs and circuit layouts;
(v) future rights and rights in the nature of or analogous to items (i) and (iv);
(vi) the right to apply for protection of or take action relating to any of the above rights;
(c) “Posting” means data submitted for upload to the Healthy Comparisons Website via your login;
(d) ”Registration” means the process of following the steps set out on our website and entering the information requested by which you are issued a login;
(e) “You” means the person applying for Registration under this agreement;
(f) “We, our, us” means CROSBY SERVICES PTY LTD ACN 125 786 272 trading as HEALTHY COMPARISONS.
(2) Interpretation
(a) In this agreement unless the context otherwise requires:
(i) reference to “we” and “you” includes all corresponding parts of speech;
(ii) the singular includes the plural and vice versa;
(iii) a reference to a person includes a corporation, partnership, joint venture and any other entity, association or body, whether having a separate legal existence or not;
(iv) a reference to a statute includes amendments, consolidation or replacements and any subordinate legislation issued under that statute;
(v) an expression denoting a gender includes all genders;
(vi) a recital, schedule, annexure, appendix or exhibit forms part of this agreement;
(vii) reference to a recital, clause, schedule, annexure, appendix or exhibit is to the relevant part of this agreement;
(viii) reference to any document includes any of its provisions as amended, novated, supplemented or replaced from time to time;
(ix) reference to a party includes employees, contractors, consultants, agents, fiduciaries, executors, administrators, substitutes, successors and permitted assigns of that party;
(x) reference to a government includes a Federal, State or Local Government or statutory authority.
(b) Headings in this agreement are for ease of reference only and do not affect its construction or interpretation.

This agreement supersedes all previous conditions, representations, agreements, warranties or understandings about the Healthy Comparisons Website and embodies the entire terms of the agreement between us.