Terms and Conditions of Use
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01 November 2024
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These Terms and Conditions ("Terms") govern the use of the website connectabilityhub.com.au and the CAH smartphone application (the "App") operated by Connect Ability Hub Pty Ltd ("Connect Ability Hub", "the Company", "we", "us", "our"). By accessing and using the website, downloading or using the App, or creating an account with Connect Ability Hub, you ("User", "you", "your") agree to be bound by these Terms. If you do not agree to these Terms, please do not use the website, the App, or create an account with Connect Ability Hub.
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1. Acceptance of Terms
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1.1 By accessing or using the website, the App, or any services provided by Connect Ability Hub, you acknowledge and agree to be bound by these Terms, as well as the Privacy Policy, which is incorporated by reference.
1.2 Connect Ability Hub reserves the right to modify or update these Terms at any time. Changes will be posted on the website or communicated to users via email or in the App. By continuing to use the services after such changes, you accept and agree to the modified Terms.
2. User Registration
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2.1 In order to access certain features of the website and the App, you may be required to create an account by providing certain personal information, including but not limited to your name, email address, date of birth, and other relevant details as outlined in the Privacy Policy.
2.2 You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate and complete. Connect Ability Hub is not responsible for any issues arising from the inaccuracy of the information you provide.
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2.3 You are responsible for maintaining the confidentiality of your account and login information, and for all activities that occur under your account. You agree to immediately notify Connect Ability Hub of any unauthorized access to your account.
3. Use of Services
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3.1 Connect Ability Hub provides the website and App as tools to connect users with various services, including but not limited to healthcare providers, personal trainers, and other professional services ("Services").
3.2 You agree to use the website, the App, and any Services provided solely for lawful purposes. You shall not:
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Use the website or the App in any manner that could damage, disable, overburden, or impair the functionality of the website or App, or interfere with any other user’s use and enjoyment of the services;
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Attempt to gain unauthorized access to any services, accounts, or systems through hacking, password mining, or any other means;
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Use the website or the App to transmit any harmful or illegal content, including malware, viruses, or other malicious code.
3.3 Connect Ability Hub reserves the right to suspend or terminate access to the website, App, or services if a user violates these Terms.
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4. Privacy and Data Collection
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4.1 Connect Ability Hub values the privacy of its users. The collection, use, and disclosure of your personal information is governed by the Privacy Policy, which is incorporated into these Terms.
4.2 By using the website, the App, or creating an account, you consent to the collection and processing of your personal data as outlined in the Privacy Policy.
5. Intellectual Property
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5.1 The website, the App, and all content, features, and functionality therein (including but not limited to text, graphics, logos, images, software, and trademarks) are the property of Connect Ability Hub or its licensors and are protected by copyright, trademark, and other intellectual property laws.
5.2 You are granted a limited, non-exclusive, non-transferable license to access and use the website and App solely for personal, non-commercial purposes in accordance with these Terms. You may not modify, distribute, or reproduce any content without prior written consent from Connect Ability Hub.
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6. Third-Party Services
6.1 The website and App may contain links to third-party websites or services that are not owned or controlled by Connect Ability Hub. The Company is not responsible for the content, privacy policies, or practices of any third-party websites or services.
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6.2 You acknowledge and agree that Connect Ability Hub is not liable for any loss or damage caused by your use of any third-party websites or services.
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7. Limitation of Liability
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7.1 To the fullest extent permitted by applicable law, Connect Ability Hub will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the website, the App, or the Services, including but not limited to loss of data, profits, or business opportunities.
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7.2 Connect Ability Hub’s total liability, whether in contract, tort, or otherwise, shall be limited to the amount paid by you for the specific service or product that gave rise to the liability.
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8. Indemnification
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8.1 You agree to indemnify, defend, and hold harmless Connect Ability Hub, its directors, employees, agents, and affiliates from and against any claims, actions, demands, damages, liabilities, and expenses (including legal fees) arising out of your violation of these Terms, use of the website or App, or any third-party claims related to your use of the Services.
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9. Termination
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9.1 Connect Ability Hub reserves the right to suspend or terminate your account and access to the website or App at its sole discretion, without notice, if you violate any provision of these Terms or for any other reason deemed appropriate by the Company.
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9.2 Upon termination, all rights granted to you under these Terms will immediately cease, and you must stop using the website, App, and Services.
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10. Governing Law and Dispute Resolution
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10.1 These Terms shall be governed by and construed in accordance with the laws of the State of Queensland, Australia.
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10.2 Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA), unless the parties agree to alternative dispute resolution methods.
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11. Severability
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11.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall continue in full force and effect.
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12. Miscellaneous
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12.1 These Terms, together with the Privacy Policy, constitute the entire agreement between you and Connect Ability Hub with respect to the website, the App, and the Services, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
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12.2 Any failure by Connect Ability Hub to enforce any provision of these Terms shall not be deemed a waiver of that provision.
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