Terms & Conditions

Please read the following terms of use carefully. These terms relate to your use of this site and all sites listed below under our brand. By using these sites, you agree to these terms of use. We reserve the right to modify these terms at any time, so please check this page periodically for changes. By using these sites after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept the terms of use, please unsubscribe and do not use this site or any of our sites.

Restrictions

The contents of our Sites are protected by copyright and trademark laws, and are the property of their owners. “Living Calm” is trademarked of Health By The Bay Pty Ltd, and all information on the Sites is copyrighted by Health By The Bay Pty Ltd. Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use only. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the Sites. You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. By using the Sites, you agree to abide by all copyright notices or other posted restrictions.

Links

These terms of use apply only to our Sites, and not to the Sites of any other companies or organisations, including those we link to. We do not maintain, create, endorse, or take any responsibility for the content, advertising, products or other materials made available through any other site, including those we link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other site. Other Sites may link to our Sites by permission only. To seek our permission, you may contact us at the information above. We reserve the right to rescind any permission granted to you or any organisation in which we approve linking to our Sites, and to require termination of any such link to any of the Sites, at our discretion at any time.

Submissions

We welcome your comments about any of the Sites. However, we will not review or consider any unsolicited creative submissions or suggestions for topics at our seminars or within our newsletters or products. We hope you understand this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any idea, suggestion or material (“Submission”), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.

Forums

A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libellous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, non-exclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.

Registration

We may, at our discretion, suspend or terminate the registration of any forum user or general user who violates any of these terms of use of use, any of the forum member guidelines or for any other behaviour that we in our discretion believe is inappropriate.

Disclaimers

The information, services, products, claims, seminar topics, and materials on our Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our products or to our participants at our events. The only exception is the guarantees of satisfaction and graduation that are clearly labeled guarantees within our Sites. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on the Sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

Limitation of Liability

Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker on our Sites or at one of our events. We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.

No Professional Advice

The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

Parental Permission

The Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Mature Content

On our Sites we will occasionally discuss mature topics and language relating to personal and professional growth. Users who are uncomfortable with such topics or language should not use our Sites.

Confidentiality and Non-Compete

Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, so users agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorised use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights. [membership_headline]Privacy Policy[/membership_headline] This statement sets out our policies relating to the privacy of your personal information: Very briefly, this web site is operated in compliance with the Australian Government’s Information Privacy Principles which are outlined at http://www.privacy.gov.au, and we try to comply with these principles at all times.

  1. Our web site collects the following information from our online visitors: a record of each visit that logs a visitor’s IP address, the date and time of their visit, the pages accessed and/or documents downloaded, their country of origin and the type of browser used (ie this is the same type of information routinely collected by all web servers around the world). No attempt is or will be made to identify individual users or their browsing activities except in the unlikely event of an investigation where a law enforcement agency exercises a warrant to inspect our service provider’s logs. We analyse the information collected by our web server at the end of each month purely to determine our web site’s overall usage statistics.
  2. We retain the e-mail addresses of people who send emails to us through this web site for the simple purpose of sending them a response. These email addresses are stored in a secure area of our office network (ie not on the website) and are not used for any other purpose. Nor will they be disclosed to any third party without the consent of the person who originally emailed us.
  3. People who submit email addresses, web sites or other information for linking on this web site are agreeing to have them published on our web site by doing so. We will, however, remove or modify any submitted email address, web site URL or other supplied information on request.

Visitors should also note that this web site contains links to a number of other web sites that are included on the basis of containing content related to our own site’s operations and/or as a service to our online visitors. When you click on a link to go to another site, you leave our own web site and are no longer protected by our Privacy Policy. This privacy statement is periodically reviewed in line with the ongoing development of our web site and/or changes to Australian privacy laws.

Anti-Spam Policy

This statement sets out our policies relating to spam (ie unsolicited commercial email): Our web site is operated in compliance with the Australian Spam Act 2003, which may be viewed online at a variety of locations (just search Google for the Act’s name). In a nutshell, we don’t send out any spam emails. Nor do we do business with any individual or company who does. And we encourage all our visitors to do likewise. We also use anti-spam filtering on our emails and we report any Australian who spams us to the proper authorities on receipt of their spam. Again, we encourage our visitors to do likewise in countries which have equivalent legislation to Australia. Or to request their legislators enact similar laws in countries which don’t yet have anti-spam laws; or toughen existing laws up to Australian standards where existing laws are weak. If you subscribe to any newsletter or similar online update service through our website, you may unsubscribe from that service at any time and your email address will be erased from our files the moment you do. In addition, the email addresses of subscribers to any of our online updating services will not be shared with anyone else (in accordance with our Privacy Policy – see further above).

Disclaimer

The information presented on our web site is the result of personal, original effort by us and we retain the copyright on all information and graphical materials shown here (except those which are licensed and/or used with the permission of the copyright owner). You can only reproduce materials shown on this website if you receive our written permission to do so.

Please note: this site is not a substitute for independent professional advice . No information contained in this site is intended as medical advice. It should not to be used to diagnose, treat, cure or prevent any disease, nor should it be used for therapeutic purposes or as a substitute for your own health professional’s advice. Living Calm does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information. Health data and information, particularly statistics and preventive and clinical guidelines, are subject to change. While the information provided on the website is considered to be true and correct at the date of publication, new information may become available at any time after publication. Living Calm is not in any way liable for changes to information that occur after publication, nor for the accuracy of any information printed and stored, or in any way interpreted and used by a user. Information on the website may be adapted without notice to reflect subsequent changes to health data and information. We try to keep our web site current at all times but there may be occasions when some part of it is out of date because real life circumstances change faster than our web site can accurately reflect them. Even so, we appreciate that our visitors rely on our web site to be 100% accurate at all times.

So we’ll happily remedy any inaccurate information as soon as we’re made aware of it. If you believe you’ve discovered an error we should correct or update, please contact us about it.