Terms

The following are the rules or terms and conditions (“Terms”) that govern the use of the http://www.balancebydeborahhutton.com.au website (“Site”). By using or visiting the Site, you expressly agree to be bound by these Terms (as varied from time to time) and to abide by these Terms and all applicable laws and regulations governing the Site.

Omni-Channel Media Group owns and operates the Balance by Deborah Hutton site and reserves the right to vary these terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. If you violate these Terms, Omni-Channel Media Group may terminate your use of this Site, cancel your registration and/or program participation and/or take appropriate legal action against you.

Commenting and Forum Participation Policy

Balance by Deborah Hutton has been created by the Omni-Channel Media Group with the charter of creating an online forum and discussion where you can;

  • Share goals and dreams with like-minded people.
  • Join with like-minded people in a safe, accessible environment.
  • Seek out guidance and advice to help achieve your goals.

To participate in the forums and comment on articles, you are required to be a registered user of the site and commentators are expected to be respectful in their comments and behaviour online.

Balance by Deborah Hutton is an inclusive site and there are no restrictions on who can register to use the site, however, in the interest of creating and maintaining a safe environment for all, users found to be deliberately misleading, rude, disrespectful or hateful will have their comments removed and/or access revoked. (refer also to inaccurate or deceptive information)

No personal advice

This Web Site, its Content (including any information provided by users) is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. In addition to the “Disclaimer/Limitation on Liability” paragraph below, the Company Entities and Individuals make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Web Site. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

Advertisement Purchase Policy

Please review the Purchase Policy which will govern your purchase of advertising space through this Site.

Paid Programs

When participating in a paid program run through the Balance by Deborah Hutton website you will be bound by the terms and conditions of that program. Registration to the Balance by Deborah Hutton website is free, Omni-Channel Media Group will provide a separate registration process for paid content.

Modification or Closure of the Site

Omni-Channel Media Group reserves the right in its sole and absolute discretion to change the design and content of any part of the Site from time to time without notice. Where any changes made by Omni-Channel Media Group are unacceptable to you, you may register your complaint at social@bbdh.com.au and/or terminate your registration at Balance By Deborah Hutton at any time.

Omni-Channel Media Group may, at its sole discretion and without any liability to you, close down the Site, and if Omni-Channel Media Group chooses to do so, thirty (30) days notice to you will be given. In the event that the Site is closed down, you agree that you will not sue or make any claim as against Omni-Channel Media Group, its officers, employees or agents whatsoever, and that Omni-Channel Media Group will not be liable to you for any reason.

Privacy Policy

Omni-Channel Media Group believes that the privacy of all users of the Site is important and these Terms are subject to Omni-Channel Media Group’s Privacy Policy, click here for details. Information that is posted to this Site shall not be the subject of the Privacy Policy and may be publicly displayed and disclosed and otherwise used by Omni-Channel Media Group or any third party in any way. By uploading photos or commenting on the Balance by Deborah Hutton website, you authorise us to use or allow others to distribute, reproduce or otherwise use such information.

Links for Third Party Sites

This Site may contain links to websites operated by parties other than Omni-Channel Media Group. Omni-Channel Media Group accepts no responsibility for the content of any site linked to or from the Site. If Omni-Channel Media Group provides links on the Site to other websites, such links are provided for your reference only and Omni-Channel Media Group does not control such websites, and is not responsible for their content. The inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with the operators by Omni-Channel Media Group. Any use by you of any third party hyperlink found on this Site is entirely at your own risk.

No Unlawful or Prohibited Use

As a condition of your use of this Site, you warrant to Omni-Channel Media Group that you will not use this Site for any purpose that is unlawful or prohibited by these Terms.

Any illegal or unauthorised use of the Site shall constitute a violation of these Terms. You do not have the permission to access the Site in any way that violates, or in the course of using this Site, violates these Terms. Omni-Channel Media Group accepts no responsibility, and will not be liable for, any damage to, or virus that may infect, your computer equipment or other property due to your access to, or use of the Site, or due to you downloading any material, data, text, images, video or audio from the Site.

Liability Disclaimer

To the extent permitted by law, Omni-Channel Media Group disclaims all warranties with regard to the information, applications, software, products (if any) and services contained on the Site and your use of the Site, including any implied warranty of merchantability or fitness. In no event shall Omni-Channel Media Group, its contractors, agents, or employees be liable for any loss, costs, expense or damages whatsoever (including, but not limited to, special, indirect, consequential or incidental damages, damages for loss of profits, business interruption and loss of, or unauthorised access to, information) arising out of or in connection with the use or performance of the Site, the placement of the advertisement or the negligence of Omni-Channel Media Group, its officers, employees or agents, whether in contract, at common law or in equity, or on any other basis even if Omni-Channel Media Group has been advised of the possibility of such damages.

These Terms do not exclude warranties or conditions which Omni-Channel Media Group cannot by law exclude, including those warranties implied by the Trade Practices Act 1974 (Cth), the Fair Trading Act 1989 or by similar State or Territory legislation, which cannot be excluded. These Terms do not exclude any liability which any law requires Omni-Channel Media Group to accept. If Omni-Channel Media Group becomes liable for any breach of any such condition or warranty, Omni-Channel Media Group’s liability shall be limited at its option, to one or more of the following:

1. the supply of the services again; or

2. payment of the cost of having the services supplied again.

Accessibility and Disclaimer

This Site and the materials displayed on it may not be accessible from time to time due to an act of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, or lack of telecommunications equipment or facilities and failure of information technology or telecommunication equipment or facilities. You agree that you will not hold Omni-Channel Media Group liable for any such act of God or force majeure event, and you hereby release Omni-Channel Media Group from any claim, liability or responsibility arising from such an act of God or force majeure event.

Omni-Channel Media Group does not promise or warrant that the site will be error-free or uninterrupted. The Site and its contents are delivered to you on an ‘as is’ and ‘as available’ basis only. You acknowledge and accept that the information contained on this Site may include technical inaccuracies. You acknowledge and accept that the Site information is subject to change at any time and may not necessarily be up to date or accurate at the time you view it. You should enquire with us directly to ensure the accuracy and currency of the material you seek to rely upon.

Copyright and Trademark Notices

Subject to the below paragraph, the materials displayed on this Site, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are the property of Omni-Channel Media Group are protected by copyright, trademark and other intellectual property laws. Any such content may be copied and/or printed solely for your personal, non-commercial use only.

Any material, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials and names, logos and trademarks which appear on the Site that is not the property of Omni-Channel Media Group, is the property of its respective owners and Omni-Channel Media Group has obtained permission to display those items of this Site. Permission obtained does not extend to users or viewers of this Site and you are expressly denied consent to sell, transmit, circulate, display or forward to third parties, in whole or in part, any such content.

You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Omni-Channel Media Group. Unless such consent is provided, Omni-Channel Media Group does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into this Site or in the user interface of this Site.

Not to Provide Inaccurate or Deceptive Information

As a condition of the use of this Site, you agree that you will not provide inaccurate or deceptive information when completing forms and using this Site. You represent and warrant that all information you provide will be true, complete and correct and you also acknowledge that complying with laws is your responsibility, and you agree not to hold us liable for your failure to comply with any law or our failure to notify you of, or properly apply, any law. We will comply with law enforcement agencies and may provide them with all information you submit to us to assist in any investigation or prosecution that they may conduct. By entering this Site, you agree to indemnify and hold harmless Omni-Channel Media Group for any damage, loss, costs or expenses that Omni-Channel Media Group may suffer if any of your information supplied is incorrect or untrue.

Login and Password

A password or login (if any) issued by Omni-Channel Media Group to you for use on the Site shall be your responsibility and must be kept confidential at all times. You agree to immediately notify Omni-Channel Media Group should your login or password be used without your authorisation. You agree that Omni-Channel Media Group is not responsible and shall not be held liable for any loss, damage or inconvenience caused by your failure to keep your password and login confidential. Omni-Channel Media Group is entitled to assume, and you fully indemnify Omni-Channel Media Group for any such assumption, that information provided to Omni-Channel Media Group using your password and login is accurate.

Governing Law

These Terms are governed by and construed in accordance with the law of the State of Queensland, Australia. By accessing and using this Site, you expressly submit to the exclusive jurisdiction of the Courts of the State of Queensland. If any one of these Terms is found to be invalid or unenforceable by a Court, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and have full effect.

Violation of these Terms

Any violation of these Terms, including any unauthorised or unlawful use of this Site, may be investigated, reported to law enforcement authorities and appropriate legal action may be taken against you by Omni-Channel Media Group. This legal action includes, without limitation, any civil, criminal or injunctive remedy available to Omni-Channel Media Group.

Indemnity

You agree to indemnify and hold harmless Omni-Channel Media Group and its officers, agents, employees, contractors and principals, from or in respect of any loss, liability, cost (including legal costs on a “solicitor and client”/indemnity basis), expense, damages (including pure economic loss), cause of action, claim or demand suffered or made (as the case may be) by any person at any time connected with or arising out of any breach of these Terms or your use of the Site, including also your use of the Site to upload content or other information to the Site or your access to a third party site from the Site.

All Rights Reserved

Any rights not expressly granted within these Terms are reserved by Omni-Channel Media Group.