Exercise Right is committed to protecting your privacy online.
This Privacy Policy describes the personal information we collect through this website at exerciseright.com.au (the “Site”), and how we collect and use that information.
Use of this Site, including all materials presented on the Site and all Digital Products and Services provided by Exercise Right is subject to the following Policy. By using the Site or Service and/or ordering a product from the Site, you agree to this Privacy Policy.
1. Overview
1.1 Thank you for visiting the Exercise Right website.
1.2 Exercise Right is a public awareness campaign powered by Exercise and Sports Science Australia Pty Ltd ABN 14 053 849 460 (ESSA, we, us). This website, available at exerciseright.com.au, is intended to be used as an informational tool, for users to read articles, enter competitions, download resources, find relevant industry professionals, and be informed about the benefits of exercise.
1.3 The following terms and conditions (Terms) form a legally binding agreement between you and ESSA and govern your access and use of this website. By accessing or using this website, you acknowledge that you have read and understood these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you must not access or use our website, or subscribe to our mailing list.
1.4 You should check this page regularly to note any changes we may have made to the Terms. Your continued use of our website after the effective date of the change constitutes your agreement to the updated Terms.
2. Your warranties and obligations
1.5 By accessing or using this website you warrant that:
(a) you have capacity to enter into these Terms;
(b) you will only use our website for lawful purposes; and
(c) you will use our website in good faith, in accordance with these Terms.
3. Intellectual property
3.1 All material on this website, including the text, information, articles, resources, graphics, logos and other content (Content) is owned by or licensed to ESSA. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or copies of the Content supplied to you for any purpose, without our prior written consent.
4. Website access
4.1 Access to this website is permitted on a temporary basis, and we reserve the right to amend or take down this website at any time without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our website.
5. Important disclaimers
5.1 We are not a healthcare provider and cannot provide you with medical advice, diagnosis, or treatment. You acknowledge that all information and content provided by us on our website:
(a) is general in nature;
(b) does not contain all available information;
(c) does not constitute medical advice, diagnosis, or treatment; and
(d) must not be relied upon as a substitute for medical advice, diagnosis, or treatment.
5.2 We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us.
5.3 By accessing our website, you acknowledge and agree:
(a) any data or information downloaded or otherwise viewed, obtained or acquired through the use of the website is at your sole risk and, to the extent permitted by law, ESSA will not be liable or responsible for any damage you suffer or incur in connection with such data and information; and
(b) to the extent permitted by law:
(i) the website is provided “as is” and “as available”; and
(ii) ESSA disclaims all conditions, representations, warranties and guarantees, expressed or implied, including title, non-infringement, availability, uninterrupted or error-free operation, currency, merchantability or fitness for a particular purpose.
6. Advertisements and third-party links
6.1 This site may contain some affiliate links. We receive a small commission from affiliate links on the site, but we only ever recommend and use affiliate links for products we believe may be of interest to you.
6.2 By using our website you acknowledge and agree that:
(a) our website and marketing emails might include ads and links to third-party websites that are not controlled by us;
(b) you have sole responsibility for determining the suitability, appropriateness, and relevance of any advertised products or services; and
(c) we may use your personal information, such as information about your activity and interests, to show you ads that are more relevant to you.
7. Your conduct when using this website
7.1 You agree to use the website solely for purposes contemplated by these Terms and must refrain from using this website for any other purpose (Prohibited Conduct). Prohibited Conduct includes:
(a) harvesting information for purposes outside these Terms, or allowing or facilitating anyone else to do so;
(b) using or disclosing personal information obtained from this website for direct marketing;
(c) reselling, redistributing or commercially exploiting any part of this website or its functionality without ESSA’s prior written consent;
(d) intentionally submitting inaccurate or misleading information to this website;
(e) harassing, inconveniencing or sending unsolicited messages to others;
(f) generating activity or traffic with this website of such speed or volume that may lead to malfunctions or degradation of performance of this website;
(g) attempting to circumvent the security of this website or distributing malware;
(h) copying, decompiling, or reverse-engineering any part of this website; and
(i) adapting, modifying, or creating derivative works of this website.
8. Violations
8.1 We take reports of copyright infringement seriously. If you find any content on our website that is incorrect or offensive, or suspect that the content infringes your intellectual property rights, please notify us by contacting us using the details below.
9. Privacy Policy
9.1 Our privacy policy is incorporated into these Terms. By using our website, or otherwise providing us with any of your personal information, you agree to ESSA handling your personal information in accordance with our privacy policy, the current version of which may be viewed at https://exerciseright.com.au/privacy-policy/.
10. Governing law and jurisdiction
10.1 These Terms are governed by the laws of Queensland, Australia, and the parties submit exclusively to the courts of that jurisdiction.
11. Severability
11.1 If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part-provision of this agreement.
12. Liability and the Australian Consumer Law
12.1 Nothing in these Terms excludes any right or guarantee you may have under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) and any equivalent state or territory legislation or other rights in relation to the supply of goods or services that cannot lawfully be excluded.
12.2 If the Australian Consumer Law applies to any of the goods or services we provide to you under these Terms, our Liability to you for loss that you suffer or incur relating to our failure to comply with any consumer guarantee set out in the Australian Consumer Law is limited to (at our election):
(a) in the case of the services, the re-supply of the services or the payment of the cost of having the services supplied again; and
(b) in the case of the goods, replacing those goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or acquiring equivalent goods, or paying the cost of having the goods repaired.
12.3 Subject to clause 12.1 and clause 12.2, neither party shall be liable to the other for Consequential Loss howsoever arising (including negligence).
13. Definitions and Interpretation
13.1 In these Terms the following capitalised terms have the following meanings:
(a) Consequential Loss means:
(i) loss or corruption of data, loss of opportunity, loss of revenue, loss of profits, loss of contract, loss of business, loss of production and loss of goodwill; and
(ii) any punitive, exemplary, indirect or consequential loss.
(b) Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.
13.2 The following rules of interpretation apply unless the context requires otherwise:
(a) a reference to a person includes a firm, a body corporate, an unincorporated association or an authority and vice versa;
(b) headings and italicised, highlighted or bold type do not affect the interpretation of these Terms;
(c) the singular includes the plural and the plural includes the singular;
(d) other parts of speech and grammatical forms of a word or phrase defined in this these Terms have a corresponding meaning;
(e) a reference to these Terms or another document includes any variation, novation, replacement or supplement to any of them from time to time;
(f) a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing; and
(g) specifying anything in these Terms after the words including, includes or for example or similar expressions does not limit what else might be included unless there is express wording to the contrary.
14. Contact
14.1 If you have any queries regarding these Terms, please contact us by email at marketing@essa.org.au.
These Terms were last updated on: 20 January 2023