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That Sugar Movement

Terms of use

Terms of Service

  1. your acceptance of the terms

    1. Agreement

These Terms of Service are a legal agreement between you and TSM.  They apply to TSM’s provision and your use of TSM’s content platforms, sites, applications and Services. Your access to the Services is permitted by TSM on the basis that you have accepted these Terms, and in consideration for that acceptance. If you do not agree to the terms, you are not permitted to access the Services in any manner. If you do access the Services (whether you make use of them or not), you are deemed to have agreed to these Terms in their entirety. Your agreement with TSM includes any specific additional terms and policies that apply to any specific Services you use.

      1. Minors

If registering, gaining access to, or obtaining the Services on behalf of a minor, you warrant that you are at least 18 years of age (or the age of majority within the jurisdiction you reside), and that you are the minor’s parent or legal guardian.

TSM strongly advises that no user under 16 years of age should access the Services and any parent or guardian that considers doing so on behalf of a minor, seek advice from an independent health care professional and consider the Terms herein carefully.

    1. DEFINITION

Automated Access” means use of a process, script, webcrawler, software or other methodology that:

        1. permits a user that is not a human user to access the Services as a user; or
        2. monitors any activity in connection with the Services; and
        3. regardless of whether TSM is aware of the nature of such access.

“Claim” means any and all claims, suits, causes of action, liability (including taxation liability), loss (including consequential loss), damages, demand, allegation, debt, costs and expenses (including legal fees on an indemnity basis and other professionals’ and experts’ fees, and court and arbitration costs), proceeding or demand of any nature how soever arising, whether present or future, fixed or uncertain, actual or contingent, known or unknown or whether at law (including breach of contract and tort of negligence) , in equity, common law, under statue, or otherwise.

“Content” means material that is posted by TSM or Users when they are using the Services, and when it is posted by you, it is your Content.

Intellectual Property Rights” means intellectual property rights conferred on a party or recognised at Law in any territory throughout the world including any rights associated with copyright, trademark, business name, patent, innovation concept, semiconductor, formula, trade secret, method, circuit layout, invention and any other results of intellectual activity in any field of industry or endeavour and includes any right to use an Intellectual Property Right owned by a third party where the terms of that right of use or licence permit a use of that Intellectual Property Right as contemplated under these Terms.

Law” means, with reference to any applicable jurisdiction, any statute, regulation, or a provision of a statute, regulation, and includes, without limitation, any statutory rule, or ruling by a statutory body, and the “Consumer Guarantees” pursuant to Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Services” means the online, web-based applications, platforms, programs, articles, products, information, content, video, film, audio files, podcasts, or websites provided by TSM from time to time via [Insert full details of TSM’s website, application or platform here], other designated platforms or websites that are described to you from time to time, any services that are arranged by you direct with TSM and any associated offline components, but excluding:

        1. Third Party Services; and
        2. components that are open source software components that are freely available to the public under licence terms that are different to the licence terms in this document.

Terms” means this agreement.

“TSM” means That Susgar Pty Ltd  ACN 607037641 a company registered in Australia  of Level 5, 22 William Street, Melbourne, Victoria .

Third Party Services” means online, web-based applications and offline software products that are:

        1. provided by third parties;
        2. interoperate with the Services; and
        3. may be either separate or con-joined with the Services,

whether or not they are identified to you by TSM as applications that are provided by third parties.

Users” means any users of the Services other than you.

you” means any party who accesses the Services, regardless of the nature of that access or if that party is or is not identified to TSM.

your User Account” means your online account provided by TSM for your operation and experience of the Services that is accessed using your personal preferences and containing personal information provided by you.

    1. HOW TO READ THESE TERMS
      1. References – People and Parties

In this document a reference to:

        1. one gender includes the others;
        2. the singular includes the plural and the plural includes the singular;
        3. a person includes a body corporate;
        4. a party includes the party’s executors, administrators, successors and permitted assigns.
      1. References – Statutes and currency

In this document a reference to a Law includes:

        1. that Law as amended or re-enacted from time to time;
        2. a statute, regulation or provision enacted in replacement of that Law; and
        3. another regulation or other statutory instrument made or issued under that Law; and
        4. money is to [Insert jurisdiction and currency], unless otherwise stated.
      1. Interpretation – General

In this document:

        1. “including” and similar expressions are not words of limitation;
        2. a reference to a clause or schedule is a reference to a clause of or a schedule to the Terms;
        3. a reference to an agreement or document (including, without limitation, a reference to the Terms) is to the agreement or document as amended, novated or replaced;
        4. where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
        5. headings are for convenience only and do not form part of this document or affect its interpretation;
        6. a provision of the Terms must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms; and
        7. all references to time are to Australia, Victoria, Eastern Standard Time.
      1. Interpretation – Priority

If there is any inconsistency between any provision in the Privacy Policy and any provision in the Terms, these Terms will prevail to the extent of that inconsistency.

    1. your personal health (warning)
      1. Site Information

By accessing the Services or by agreeing to these Terms, you understand and agree that all information provided as part of the Services are for informational and educational purposes.  The provision of Services is based on the knowledge of Australian qualified nutritionists and dieticians engaged by TSM. TSM also obtains information from sources that TSM believes to be reliable and accurate but it may not always be the most current information and has not been evaluated by any authorities outside of TSM research and contracted dietary and nutritional advisers. The information TSM provides may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time.  The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a variety of factors.  Some data used to provide the Services may be borrowed from domestic or overseas food composition tables, supplied by the food industry, taken from food labels, obtained from organisations such as but not limited to the George Institute, imputed from similar foods, or calculated using a recipe approach. 

      1. No Representation or Warranty

1. You understand and agree that TSM does not warrant:

        1. that the Services TSM provides is free from error;
        2. that the Services are based on or consider your personal circumstances and health;
        3. that the Services are medical advice or information or a supplement to medical advice or information nor that Services are suitable for your individual health and well-being.

2. TSM makes no guarantees that any specific or beneficial result from the use of the Services will occur.

      1. Medical Advice Obtained

You warrant that you have received independent advice from a health care professional as to whether the Services are suitable for your personal health and well-being at the time of agreeing to the Terms.

      1. Testimonials

Any testimonials displayed on the website about the Services may not reflect the results that you may achieve.  Results may vary and your experience may not be similar to the experience of the user testimonials.

      1. Risk

You understand that when commencing a health or fitness program that you are responsible to make you own inquiries and seek independent advice from suitable health care professionals prior to acting on or refraining from acting, due to the Services provided. You agree and acknowledge that:

        1. you engage in our Services voluntarily;
        2. there are risks to your health for receiving, accepting and engaging in the Services;
        3. there are risks to your health that may be caused by your own acts, omission, interpretation of the Services, information or actions provided by other Users of the Services;
        4. the Services are not meant to diagnose, treat, alleviate or relieve any health symptoms, conditions, medical illnesses, or other health conditions;
        5. in delivering the Services, TSM has not considered your personal circumstances or individual physical or mental health or state;
        6. you will not use the Services or rely on any of the Services without the consultation and approval of your own independent health care professional as to the suitability of the Services to your personal health circumstances;
        7. you will promptly contact your independent health care professional if you have, develop or suspect you have or are developing a medical problem or experiences symptoms of detriment upon accessing the Services;
        8. you will not delay, cease to, or avoid contacting your independent personal health care professional due to information you have received as part of the Services;
        9. you will frequently assess yourself to gauge your adaptation and maintain good health and physical fitness at all times while using the Services;
        10. if you notice any adverse, detrimental, negative, or concerning changes to your physical, mental or emotional health upon accessing the Services, you will seek the attention of your independent health care professional immediately; and
        11. that this is a risk warning pursuant to the Australian consumer Law. 
    1. THE SERVICES
      1. Content

You acknowledge that the Services consist of online website content and applications that allow users to search, display, follow, post and view Content.

      1. Use

You are responsible for your own access and use of the Services and accept the following terms:

        1. after you have created an account with TSM, you may use the Services to search, follow, view Content and interact with the material available through the Services;
        2. TSM has the right to make any changes to the Services at any time including any action to modify, amend, suspend or discontinue all of or any part of the Services within TSM’s discretion and without notice;
        3. usage of the Services is for personal use only and is not to be used for a commercial purpose or to provide medical, dietary, health or nutritional information to third parties;
        4. you are responsible to ensure the safety and compatibility of the Services provided by TSM with any device utilised to access the Services;
        5. you acknowledge that your User Account is not a secure data storage facility for primary information that you wish to retain. TSM reserves the right to delete Content stored using the Services at any time without notice, and this may directly affect your Content. If you want to secure your Content, you should take other measures to ensure safe and secure storage of your Content.
      1. Site Availability

TSM does not guarantee that the Services will always be available, work, or be accessible at any particular time. Further, only users who are eligible to use our Services may do so and TSM reserves the right to limit access to or terminate the Services of anyone without limitation.

    1. product and program purchases
      1. Purchase

You may be required to purchase products and programs as part of the Services.  When selecting to purchase, you will be required to provide TSM with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors such as Stripe. By ordering an TSM product or service, you agree that TSM may charge you the price listed at the checkout screen on our wbesite. If you have any issues with payment do not hesitate to contact TSM at [email protected].

      1. Price

The prices for services provided under the Terms will be as set out on the website at the time you apply for the services.  TSM reserves the right to alter, update, and/or change the prices for the Services at any time.  TSM may conduct such modifications to our pricing due to changes in the exchange rate values applicable at the time. All prices are in Australian dollars unless otherwise stated and are inclusive of GST.

      1. GST

Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”) have the same meaning given to them in that Act. Unless otherwise stated, any amount specified in the Terms or the website as the consideration payable for any taxable supply includes any GST payable in respect of that supply. Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with the Terms.

      1. Refunds and Cancellations

Books and Ebooks Refunds

TSM wants you to be satisfied with our products. For this reason, you may return any print books or Ebooks purchased through our website and Services within 14 days of the purchase date for a no questions asked refund. If you wish to have a refund processed for a book or Ebook, please contact TSM at [email protected]. Please be aware that separate shipping and processing charges may be deducted for any physical returns where applicable.

Program Cancellations

If you are unable to complete the Program, you must email [email protected] within 48 hours of purchasing the program for a full refund. If you are unable or unwilling to undertake the program, TSM is unable to transfer the program to another user of our website and Service. Once a refund is completed, you will no longer have access to the Program or purchased Services. Any request for a refund post 48 hours of purchase will not be accepted.

      1. Product Availability

Due to product demands, TSM products and Services may not be available at all times. If no products or Services are available, TSM will contact you and inform you of our product availability and projected delivery times. Although our product may be delayed or momentarily unavailable, you agree that we may still charge your credit card and deliver TSM products and Services when they become available.

      1. Delivery and Access

eBooks

eBooks shall be delivered immediately via email. Once you have submitted and TSM have processed your payment information you will be sent a link to the email address you provided to TSM upon registration or purchase of the Services to download your eBook. If you have any issues with downloading your eBook, please contact TSM at [email protected]

30 Day Kickstart Program

After processing your payment successfully, you will be granted access to our 30-Day Kickstart Program. This access date is the commencement of the program. Additional information about the 30-Day Kickstart Program can be found within the TSM website. You will continue to have access to the 30-Day Kickstart Program for 30 days following the final program date. You will receive an electronic notification 28 days following the Program end date to advise that your access is due to expire. You will then have 48 hours to download and print any information of interest.

If at any stage during the 30 Day Kickstart Program you request your service to be discontinued your access to the 30-Day Kickstart Program will be revoked immediately.

      1. Taxes

You agree that TSM may charge you taxes such as GST for any purchases through our website and Services. If TSM fail to charge you GST you agree to pay any applicable GST or other taxes as required by your local laws and ordinances. You agree that TSM is not responsible for providing you with advice in regards to your tax liabilities.

      1. Modification of Services

TSM reserves the right to alter, update, or remove our Services at any time. TSM may conduct such modifications to our Services for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and TSM are not required to explain such modifications. For example, TSM may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how TSM might exercise our rights under this section, and nothing in this section obligates TSM to take measures to update the Services for security, legal or other purposes.

    1. YOUR USER ACCOUNT WITH TSM
      1. Your Responsibilities

You must operate your User Account in accordance with TSM’s directions and in particular, you agree to the following:

        1. upon registration to the Services, you will nominate an email and password for the use for the duration of the Terms and Services and each time you access the Services (including your web browser being directed and landing on a TSM website) you affirm your acceptance of the Terms;
        2. you are responsible for the accuracy, quality and legal integrity of your data and the means by which you acquire your data;
        3. that you may be required to have and maintain an internet or data connection in order to access the Services;
        4. TSM has no obligation to investigate the source of any access to verify the use of the Services.  Each time the password or identification selected by you at registration is utilised to access the Services, it is deemed to be accessed by you or authorised by you, including (without limitation) all communications and transmissions and all obligations (including but not limited to financial obligations) incurred through such access or use of the Services.
        5. you have permission to use and operate your User Account, but the extent of that use and operation is at TSM’s sole discretion. TSM may maintain your User Account differently to the accounts of other Users.
        6. subject to clause 1.2, your User Account must only be operated by you on your own behalf. You must not operate your User Account on behalf of anyone else, including but not limited to an organisation that is not a natural person (Organisation). However, if TSM permits you to open a User Account on behalf of an Organisation, then —
          1. the word “you” in these Terms includes both you and the Organisation;
          2. you represent that you are authorised to represent the Organisation and that you have the authority to bind the Organisation to the Terms.
        7. if you connect the Services with a Third Party Service with which you have a user account, you authorise TSM to use information about you available from the Third Party Service and to store your user login information for that Third Party Service;
        8. you take full responsibility for everything done through your User Account and in particular —
          1. you agree not to share the login credentials for your User Account with any other person, or permit any automated use of your User Account without TSM’s consent;
          2. you agree to use a password for your User Account that is not easily identifiable or ascertainable and likely to remain secure (incorporating upper and lower case letters, numbers and symbols);
          3. you agree to notify TSM straight away if you suspect another party has access to your login credentials or if you suspect that another party is conducting activity through your User Account.
          4. you agree to use commercially reasonable efforts to prevent unauthorised access to or use of the Services;
          5. not seek to circumvent TSM’s methods intended to control access to the Services;
        9. you must only give TSM accurate and complete information about you when you create your User Account. If your details are changed after creating your User Account, you must update the relevant information.
        10. you agree that TSM may send you email or other electronic messages concerning your User Account, TSM and its commercial partners from time to time. You will have the right to opt out of some of the information sent.
    1. CONTENT
      1. Your Responsibility for Content

You are responsible for any Content you introduce to the Services. You should be careful about what Content you choose to introduce, because you may not be able to delete Content after you have introduced it. You acknowledge that introducing Content on the Services does not constitute an act of registering that Content for copyright in any jurisdiction. You should ensure that Content you introduce does not enable other Users to locate or identify you. You are also responsible for ensuring that the Content you introduce does not breach the Intellectual Property Rights of any third party.

      1. Prohibited Content

As a general principle, TSM supports freedom of expression. You acknowledge that TSM considers freedom of expression as a balancing exercise and as a result, TSM reserves its discretion to prohibit certain types of Content. You agree that you will not introduce Content that:

        1. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
        2. is violent or threatening or promotes self-harm;
        3. promotes harmful activities or substances in breach of any Law,
        4. is not your original work, infringes a third party’s intellectual property rights, or violates a third party’s rights of publicity or privacy;
        5. breaches any Law or would result in civil liability;
        6. includes and image or personal information of another person unless you have their consent;
        7. contains large amounts of untargeted, unwanted or repetitive content;
        8. contains financial, legal, medical or other professional advice;
        9. you know or should reasonably know or suspect is fraudulent, false, misleading or deceptive;
        10. is racist, defamatory, pornographic, indecent, offensive or vulgar; or
        11. is intended in any way to cause harm or an unacceptable level of detriment to another User.
    1. PROHIBITED ACTIONS
      1. What’s not permitted?

TSM prohibits the use of the Services and any of its functionalities, features and content in any manner other than as expressly allowed by TSM in the Terms. You agree that you will not do any of the acts specified below in this clause 9.1 and without limiting any other rights TSM may have, you agree that TSM may suspend, ban or delete your User Account if:

        1. you lie or mislead TSM (and, in some circumstances, other Users) about your details, your Content, or any other User’s Content (including, but not limited to instances where you present a gloss on Content that is misleading, such as writing a false or misleading review);
        2. you commence the process of opening a new account after TSM has banned you from the Services or otherwise restricted or terminated your User Account;
        3. you switch your User Account to another user;
        4. you act in a manner that results in detriment to TSM, other Users, or if you act in a manner that TSM considers to be unacceptable in view of generally accepted online etiquette or behavioural standards and policies;
        5. you copy, distribute or disclose any part of the Services in any medium;
        6. you are involved in any activity that constitutes scraping or replicating Content from the Services for the benefit of other platforms, engines or applications not connected to or approved by TSM, unless the purpose of that activity is for the purposes of assisting search engines or platforms containing public web navigation indexes;
        7. you attempt to hack into, interfere with, compromise the system integrity or security, decipher any transmissions to or from the servers running the Services, or cause damage to any facet of the Services, or you attempt to access information held by TSM that TSM does not intend to divulge to you;
        8. you attempt to sabotage the operation of the Services by overloading them with data;
        9. you impersonate any person or entity;
        10. you attempt to and/or exploit the Services for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person including posting of advertisements, solicitations, promotional materials, spam, or any other materials that are contrary to our commercial or lawful interests;
        11. you stalk, harass, threaten, defame, abuse, racially or sexually vilify, bully or harm another individual who uses the Services;
        12. you post or transmit any Prohibited Content as specified in clause 8.2 of the Terms;
        13. you attempt to compile, decompile, disassemble, replicate, licence or distribute any aspect of the Services in a manner not expressly approved by TSM;
        14. you do not comply with something that TSM lawfully requires you to do;
        15. you operate or develop patches, software or applied programming interfaces that are intended to augment or alter the Licensed Services in a manner that is not intended or not authorised by TSM;
        16. you sell, resell, rent or lease access to the Services;
        17. you use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third party privacy rights;
        18. you use the Licensed Services to store or transmit harmful code;
        19. you interfere with or disrupt the integrity or performance of the Licensed Services or any Third Party Applications; or
        20. you attempt to gain unauthorised access to the Services or TSM’s related systems or networks. You may not access the Licensed Services to monitor their availability, performance or functionality unless the reason for your doing so is to assess the Licensed Services for your own reference in circumstances where the details of your assessment are not to be published or provided to a third party.
      1. Rights to Deal with Content Reserved

TSM reserves the right to modify, remove, repost, or delete any material uploaded, posted, transmitted, or otherwise made available on the Services by any User without prior notice.

    1. Intellectual property rights
      1. Provision of Licensed Services

You acknowledge that the Terms do not constitute a sale of any aspect of the Services and your usage is subject to the licensing conditions within the Terms.  You agree that your use of the Services is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by TSM regarding future functionality or features. You may access the Services on any device that has the relevant capabilities however, you acknowledge that TSM does not warrant that any of the Services will be available by way of access from any particular device.

      1. Access to Programs via Purchase

In some instances, the Services (or various components of the Services) are only available to you by payment to TSM. 

      1. License

You acknowledge that:

        1. TSM grants to you a personal, non-assignable, limited and non-exclusive license to use the Services in accordance with the Terms and for the Terms duration.  This license is granted for the sole purpose of enabling you to enjoy the features of the Services in the manner contemplated by the Terms and is not capable of sublicense without the TMS’s prior written consent;
        2. by transmitting, posting or otherwise making available any material via the Services and any TSM associated social media platforms, including providing TSM with any comments, feedback, ideas or suggestions, you grant TSM a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).
      1. Use of Trade Marks and Material

While the Services are dedicated to the generation and appreciation of Content, you acknowledge that the majority of Content that is introduced using the Services may be subject to Intellectual Property Rights. You acknowledge that when viewing, using, modifying or re-posting Content in connection with the Services, your use of that Content must be in accordance with the relevant Owner’s directions (if any) that are issued by the Owner from time to time in writing. In addition, you acknowledge that TSM does not warrant or represent that your use of the materials contained on the Services will not infringe the Intellectual Property Rights of third parties. You further acknowledge that you may not use TSM’s trademarks, logos, domain names or brands to promote you, your Network or services (or in juxtaposition to them) except:

        1. in accordance with any license granted under the Terms; or
        2. in any instance where TSM has otherwise authorised you to do so;
        3. any instance where TSM’s trademarks, logos, domain names or brands are to be used in association with functions that permit the Services to interoperate with other services.
      1. Usage Limitations

The Services may be subject to usage limitations, such as (but not limited to) for example, limits:

        1. on storage space;
        2. on the number of calls you are permitted to make against the TSM’s application programming interfaces; and
        3. for any Services that enable you to provide websites, on the number of page views by visitors to those websites.  You must comply with any usage limitations imposed by TSM.
      1. Automated Access

All Automated Access is also subject to the Terms. No automated software or process may legally access the Services until the person who is responsible for the Automated Access has accepted the Terms. As such, any attempt to obtain Automated Access will be bound by the Terms. If you are responsible for any Automated Access, you must also comply with any directives TSM may make in respect of the Services using a Robots Exclusion Protocol, robots.txt file, Robots Exclusion Standard or any other directive concerning Automated Access prepared by TSM from time to time.

      1. Software Versions and Licensed Services

You acknowledge that:

        1. there are multiple instances of software supporting and underpinning the Services;
        2. TSM will make that software available to you from time to time to assist your use of the Services;
        3. TSM will update from time to time. As a condition of your use of the Services, you must use the latest versions of any of the TMS’s software made available to you for that use. You also consent to TSM updating the Services automatically without notifying you.
      1. Reservation of Rights

Subject to the rights granted to you in the Terms, TSM reserves all other rights, title and interest in TSM material and to the Services, including all Intellectual Property Rights. You acknowledge no Intellectual Property Rights are granted to you in the Terms other than the usage rights for the Services that are expressly described in the terms.

      1. Restrictions

You must not:

        1. permit any third party to access the Services except as permitted in the Terms;
        2. copy, modify, create derivate works of, reverse engineer, decompile or otherwise attempt to extract the source code of the software in respect of the Services;
        3. copy, frame or mirror any part or content of the Services, other than copying or framing for your own personal reference;
        4. access the Services in order to build a competitive product or service; or
        5. copy any features, functions or graphics of the Services; or

act in a manner that is otherwise inconsistent with the Intellectual Property Rights of TSM.

      1. Other Intellectual Property Rights

During your use of the Services, you must not utilise content in a way that infringes the Intellectual Property Rights of third parties.  You must obtain the consent of the owner of the relevant Intellectual Property Rights in respect of the content you intend to use.  You acknowledge that TSM is not liable to you or to any third party for your use of content in breach of this clause 10.

      1. Suggestions

You grant to TSM a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Services.

    1. THIRD PARTY PROVIDERS
      1. Acquisition of Third Party Products and Services

You acknowledge that:

        1. if you, or if any part of your network utilises any other products or services produced by other parties, including but not limited to third party applications, including implementation, customisation and other consulting services, and any exchange of data between you and any third party provider, is solely between you and the applicable third party provider; and
        2. TSM does not warrant or support any third party applications or any other product or service that are not a part of the Services, whether or not they are designated by you as “certified” or otherwise.
      1. Third Party Applications and your Data

If you install or enable third party applications for use with the Services, you acknowledge that TSM may allow providers of those third party applications to access your data as required for the interoperation of those third party applications with the Services.   TSM is not responsible for any disclosure, modification or deletion of your Data resulting from this type of access by third party application providers.

    1. LINKING and third party content
      1. You agree that:
        1. you must not frame, reformat, replicate or mirror any part of the website, or use any data mining robots or other extraction tools in relation to the website, without our prior written authorisation;
        2. any linking of the Services will be entirely at your own risk and expense.  By linking, you must not alter any of the Services, its content including any intellectual property notices.  You will immediately remove any link to our Services at our request.
        3. the Services may contain links to or display the content of third parties including links to websites operated by other organisations and individuals third party content or websites are not under our control. We do not endorse, approve or make any warranty or claim regarding third party content, third party websites or the products, services or information available on any third party website, or in respect of the owner or operator of a third party website or their conduct, including privacy compliance. If you use or rely upon third party content or third party websites, you do so solely at your own risk.
    2. TERMINATION
      1. TSM’s Termination Rights

TSM can terminate these Terms at any time or for any reason without notice and prevent you from accessing the Services. Upon termination you must immediately pay to TSM any and all outstanding amounts owed.  TSM may retain your user information, Content you have introduced, or other information personal to you for the purposes of maintaining data integrity and retrieval. Other Users may also continue to interact with your Content.  If the Terms are terminated by TSM, all of your obligations in these Terms that are intended to continue to remain binding on you do so, including but without limitation,  Intellectual Property Rights provisions, warranty disclaimers, indemnity and limitations of liability.

      1. Your Termination Rights

You can terminate these Terms at any time for any reason. If you do so, you must notify TSM first, then cease to use the Services in any way. If you resume use of the Services at any stage after you have notified TSM of your termination, you indicate that you have re-accepted these Terms, and they will bind you and TSM accordingly.

    1. PRIVACY

TSM is committed to ensuring that you can enjoy the Services while safeguarding your private information. You must review TSM’s privacy policy (attached to these Terms and headed “TSM Privacy Policy”)  to ensure you know how you can make the best use of the Services without compromising your privacy.

    1. Disclaimer
      1. To the fullest extent permissible by the Law, TSM hereby disclaims all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and Services provided or purchased on or through this web site;
      2. TSM hereby expressly disclaim all liability for our Services, for product defects or failures, claims that are made due to your use of our Services or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by the Law.;
      3. By accessing the Services, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any third party content or third party website.
      4. To the extent permitted by the Law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with the TSM website and Services are hereby excluded.
    2. LIABILITY AND INDEMNITY
      1. LIABILITY
        1. To the extent permitted by the Law, TSM or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, or any party involved in the creation, production or transmission of the Services is not liable to you or anyone else for any Claim by reason of:
          1. you or anyone else entering into this agreement;
          2. TSM’s provision of the Services to you or anyone else;
          3. You or anyone else accessing the Services.
        2. To the extent permitted by the law, you agree that our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited at our option, to any one or more of the following:
          1. In the case of goods, to –
            1. The replacement of the goods or the supply of equivalent goods;
            2. The repair of goods;
            3. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
            4. The payment of the cost of having the goods repaired.
          2. In the case of supplying services; to –
            1. The supplying of the services again;
            2. The payment of the cost of having the services supplied again.
      2. Indemnity

You hereby agree to indemnify TSM and their officers, employees agents, contractors, suppliers and licensors in respect of any Claims suffered or incurred by them arising in whole or in part out of or as a result of your breach of these Terms including the terms specified in clause 9 of these Terms or due to any unlawful conduct committed by you including your breach of Intellectual Property Rights of third parties.  

      1. Services not error-free

You acknowledge that the Services are being improved on a consistent basis, and as such are not error-free.

    1. GENERAL
      1. Amendments to Terms

TSM reserves the right to amend these Terms and its policies whenever TSM considers it necessary to do so within TSM’s reasonable discretion.  If you wish to modify these Terms, you must obtain TSM’s agreement to vary the Terms in writing.

      1. Incorporation of Policies

In accepting these Terms, you also agree:

        1. to comply with all of TSM’s policies concerning the Services that are made available for all Users via the Services from time to time; and
        2. that a breach of these policies by you constitutes a breach of these Terms.
      1. Assignment

You cannot assign your rights or obligations under these Terms without TSM’s prior written consent. TSM can novate or assign its rights or obligations under these Terms without restriction.

      1. Automated Access

All Automated Access is also subject to these Terms. No automated software may access the site until the person responsible for the Automated Access has accepted these Terms. As such, any attempt to obtain Automated Access will be bound by these Terms.

      1. Severability

If anything in these Terms is unenforceable, illegal, invalid or void then the provision must be read down so as to give it as much effect as possible.  If it is not possible to give the provision any effect at all, it is severed and the rest of these Terms remain in force, unless the severance would change the underlying principal commercial purpose or effect of these Terms.

      1. Relationship of the Parties

You and TSM are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship.

      1. Third-Party Beneficiaries

You acknowledge that there may be third-party beneficiaries to these Terms in circumstances where TSM is bound to enforce them in favour of its own licensors, Users or other parties contracting with TSM.

      1. Waiver and Cumulative Remedies

No failure or delay by either party in exercising any right under the Terms will constitute a waiver of that right. Other than as expressly stated in the Terms, the remedies provided in the Terms are in addition to, and not exclusive of, any other remedies of a party under Laws.

      1. Governing Law and Disputes

You agree that the Terms are governed by the Laws of the State of Victoria, Australia and that the offer and acceptance of the Terms is deemed to have occurred in Victoria, Australia.  You also agree that disputes must be resolved in the courts of that jurisdiction. You agree that you will not be involved in an action as a class member in a class action and that all disputes must be pursued in your own name only. You and TSM each waive respective rights to seek or be involved in any class action under these Terms or concerning any aspect of the Services. You further agree that any proceeding taken by you other than in accordance with this clause 17.9 may result in TSM filing to have the proceeding dismissed and that you will be responsible for all reasonable legal costs, court fees and disbursements in doing so.

      1. Electronic Communications

The communications between you and TSM use electronic means, whether you visit the Site or Services or send TSM e-mails, or whether TSM posts notices on the website or Services or communications with you via e-mail. You hereby consent to receive communications from TSM in an electronic form and agree that all terms, conditions, agreements, notices, disclosures, and other communications that TSM provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

      1. Entire Agreement

The Terms and any of TSM’s policies concerning the Services, together with any of the other documents specifically referred to or incorporated in these Terms by specific reference constitute the entire agreement between the parties and supersede all prior understandings and agreements concerning its subject matter. If the Terms, or TSM’s policies are amended by TSM, the newer version of those documents will then supersede the prior version.

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