TERMS & CONDITIONS

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1.  WEBSITE AND APP TERMS AND CONDITIONS OF USE

1. ABOUT THE WEBSITE AND APP

1.1. Welcome to www.climatizestudio.com.au (the ‘Website’ or the ‘Site’). The Website (the ‘Services’). Climatize App (the ‘App’).

1.2. The Website and App is operated by Climatize Studio PTY LTD.  Access to and use of the Website, App, or any of its associated Products or Services, is provided by Climatize Studio. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, App, or using our Services, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3. Climatize Studio reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Climatize Studio updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

2. ACCEPTANCE OF THE TERMS

You accept the Terms by remaining on the Website or App. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Climatize Studio in the user interface.

3. COPYRIGHT AND INTELLECTUAL PROPERTY

3.1. The Website or App, the content and all of the related products of Climatize Studio are subject to copyright. The material on the Website or App is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website or App (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes and are reserved by Climatize Studio or its contributors or service providers.

3.2. Climatize Studio retains all rights, title and interest in all information relating to Climatize Studio on the Website and App and all related content. Nothing you do on or in relation to the Website will transfer;

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

3.3. You may not, without the prior written permission of Climatize Studio and the permission of any other relevant rights owners; broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third-party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website or App which are freely available for re-use or are in the public domain.

4. PRIVACY

Climatize Studio takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Climatize Studio’s Privacy Policy, which is available on the Website or App.

5. GENERAL DISCLAIMER

5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

5.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Climatize Studio will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

5.3. Use of the Website or App and the content is at your own risk. Everything on the Website or App and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Climatize Studio make any express or implied representation or warranty about the content or any products or content (including the products or content of Climatize Studio) referred to on the Website or App. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website or App, the content, or any of its content related products (including third party material and advertisements on the Website or App);

(c) costs incurred as a result of you using the Website or App, the content or any of the products of Climatize Studio or service providers; and

(d) the content or operation in respect to links which are provided for your convenience.

6. LIMITATION OF LIABILITY

Certain statutory warranties under the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) (“ACL”) will be implied for the benefit of consumers. Nothing in these Terms is intended to exclude or restrict the application of the ACL. Climatize Studio does not however give any guarantee or warranties or make any representation with respect to use of this Website or App outside of these laws.

Subject to claims that may be made under the ACL:

– Climatize Studio is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential, economic or any other kind of loss) however caused, even if foreseeable, and which is suffered directly or indirectly in connection with your use or inability to use this Website or App.

– Climatize Studio is not liable for disruptions to this Site.

– Climatize Studio is not liable to you or anyone else if interference with or damage to your computer system occurs in connection with use of this Website or App or any Linked Site or services. You must take your own precautions to ensure that whatever you select for use from this Website or App is free of viruses or anything else that may interfere with or damage the operation of your computer systems or mobile system.

7. TERMINATION OF CONTRACT

You acknowledge and agree that these Terms and your access to this Website or App may be terminated at any time by us without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. All clauses in these Terms which are stated or intended to continue after termination will continue to apply. Climatize Studio will not be liable to you or any third party for any termination of your access to this Website or App.

8. INDEMNITY

You agree to indemnify Climatize Studio, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.

9. GOVERNING LAW

The Terms are governed by the laws of Western Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

10. SEVERANCE

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

11. CHANGES TO THESE TERMS

We reserve the right to change these Terms at any time. The current version of the Terms will always be posted on the Climatize Studio Website and previous version(s) will be cancelled and replaced. By continuing to use this Website or App after the posting of such changes, you agree to be bound by the changes.

12. CONTACT INFORMATION

If you have any concerns about material that appears on this Site, please contact Climatize Studio Pty Ltd by email at info@climatizestudio.com.au

Climatize Studio may contact you from time to time with marketing material about our other products or services, and those of our related entities. We may also share your personal information with our related entities and our dealer network so that they can provide you directly with marketing material about their products and services. Climatize Studio collects your information in accordance with their privacy policy. At any time, you may opt out of receiving this material by contacting us on info@climatizestudio.com.au. Your consent to receive this information will remain current until you advise us otherwise.

13. DISCLAIMER

Climatize Studio and its affiliates do not provide medical advice, education or treatment. The information provided is for general information purposes only and does not address individual circumstances or medical conditions. It may NOT be right for you and should not be relied upon in making decisions about your health. Always consult your doctor for medical advice. Climatize Studio website (the “Site”) is part of our ongoing commitment to providing you with information that will empower you to take control of your health and wellbeing. We’re pleased to provide you an informative learning site to empower you to take control of your health and wellness journey.

14. WEBSITE INFORMATION

Climatize Studio recognises the responsibility for all information and content provided on this Site or App. All information and content provided is based upon research and is supplied to us by third-parties. ‍The Site contains a range of information and tools about health and wellbeing. While we filter the contents to a certain degree, we accept no responsibility for information supplied in this manner. In addition, user-generated content submitted is not reviewed or verified by us. While we encourage our users to share their experiences and points of view online, as this empowers our group and builds a sense of loyalty, our user-generated content is personal, and will not be subject to a review process. We therefore urge you to take care when evaluating this content. Everything we offer on the Site or App is referred to in these Terms and Conditions collectively as “the Conditions.”

15. YOUR USE

You must only use this Site for lawful purposes and in a responsible and co-operative manner. Any breach of these Terms by you will result in legal action being taken by us against you. ‍When you register you are required to provide your name, email address and a password. These are your credentials for accessing Services that are only available to members (“Credentials”).

Those who visit this website, www.climatizestudio.com.au are responsible for their personal health and safety. Please note, the information on this website should not be taken as medical advice as it is not individualised. If the visitor requires specific health advice, we ask that you contact a healthcare professional.

16. YOU MUST NOT

- use another’s personal information, including name, login details or password without permission.

- make any fraudulent, speculative or false enquiries, bookings, reservations or requests using the Site or App. 

- use the Site or App while impersonating another person; post or transmit to or via the Site or App any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings.

- tamper with, hinder the operation of or make unauthorised modifications to the Site or App.

- delete data from the Site or App without our permission. 

- knowingly transmit any virus or other disabling feature to the Site or App breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction in using this Site or App.

- frame this Site or App as part of another site or App or cache this Site or App for commercial benefit.

- commit any act that may amount to a criminal offence or civil breach of any other jurisdiction.

- attempt to do any of the above acts or knowingly permit another person to do any of the above acts.

17. INTERACTIVE FACILITIES AND USER CONTENT

The functionality provided on the Site or App may include interactive communication facilities such as blogs, discussion groups and other communication forums where individuals may submit or post reviews of experiences, ratings, comments and other information (collectively, “Interactive Facilities”). You are solely responsible for your use of any such Interactive Facilities and agree that you use them at your risk.

You agree that, by submitting, posting or otherwise providing any message, blog, data, information, recommendations, opinions, reviews, news articles, text, music, sound, photos, video footage, art, illustrations, imagery, design, graphics, logos, audio clips and images, code or other material (“Content”) to or through the Site (including by using Interactive Facilities), you grant to us and our affiliates (including, without limitation, our related entities) a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, broadcast, communicate, create derivative works from, publicly display and perform such Content throughout the world in any media, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation or remuneration to You (“Licence”); expressly acknowledge that we may sub-license our rights under the Licence to third parties who may make use of the Content consistent with the Licence including, by way of example, on websites, in a written publication, compilation of works, training materials, film, television program, script or screenplay of either ourselves or a third party expressly authorised by us; grant us and our affiliates and sub-licensees the right to use your name or any other name that you submit in connection with such Content, at our discretion; waive any entitlement to any moral rights you may have as an author of the Content (and warrant that you have obtained a waiver of moral rights from any person who may have such rights in the Content); and agree that we are under no obligation to treat the Content as confidential or private information acknowledge that there are inherent risks with interacting via online platforms such as safety issues, identity thefts, privacy disclosure and financial scams. You agree and accept to participate on our online platform at your own risks and relieve us from any losses, claims, damages and injuries that you may suffer as a result of the inherent risks.

We are not responsible for checking, cross-referencing and/or examining whether any materials published through the Interactive Facilities are infringing any copyright or intellectual property of a third party. We will not be responsible for any copyright or intellectual property infringed by a third party through copying, reposting, transmitting and/or rewriting the materials published through the Interactive Facilities.

We reserve the right to, at our absolute and unfettered discretion, remove, screen, edit or refuse to post without notice any Content submitted to, posted or stored on the Site at any time and for any reason. We accept no responsibility or liability for any Content posted, stored or uploaded by You or any third party, or for any loss or damage to any such Content. We accept no responsibility for statements, representations or other Content provided by You or other users of the Site, including individuals using Interactive Facilities. We reserve the right to disclose any Content as necessary to satisfy any applicable law, regulation or lawful request. You shall be solely liable for any damages resulting from any infringement of copyright, trade mark, or other proprietary or other right or loss or damage in connection with your use of the Website and submission of Content.

For the avoidance of doubt, these Terms do not restrict your rights to re-use Content you have posted or otherwise provided to or through the Site or App.

18. YOUR WARRANTIES

You warrant that: you are of sufficient legal age to use this Site or App and create legal binding obligations for any liability you may incur as a result of using this Site or App; you are responsible (financially and otherwise) for all uses of this Site or App by you and those using this Site or App using your login details, including your password; and the information you supply via the Site or App will be accurate and not misleading, deceptive or likely to be misled or deceive.

19. CHANGES TO THE SERVICES

‍We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site or App, and the use of new Services will be governed by these Terms and Conditions.

Climatize Studio may refuse to refund all or any portion of any deposit or payment or cancel any payment due and owing if the Purchaser fails to fully comply with or violates the Conditions of this Site or App.

​20. ADDITIONAL TERMS

‍Certain Services on the Site or App may have additional terms (such as policies and guidelines) that will further govern your use of that particular Service and supplement these Terms and Conditions. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

21. WE MAKE NO WARRANTIES

‍We provide the Site or App and the Services “as is”, “with all faults” and “as available” we and our suppliers make no express or implied warranties or guarantees about the Services. To the extent permitted by law, we and our suppliers disclaim implied warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We and our suppliers do not guarantee that the results that may be obtained from the use of the services will be effective, reliable and accurate or meet your requirements. We do not guarantee that you will be able to access or use the Services (either directly or through third-party networks) at times or locations of your choosing. We and our suppliers also do not guarantee the satisfaction of government regulations requiring disclosure of information on prescription drug products. No oral or written information given by a Climatize Studio representative shall create a warranty. You use the Site or App and the Services at your own risk.

22. WE DO NOT PROVIDE MEDICAL ADVICE

‍This Site or App and the services offer health, fitness and nutritional information, but are designed for educational purposes only. You should not rely on this information as a substitute for, nor do they replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this Site. The use of any information provided on this site or app is solely at your own risk. Nothing stated or posted on this Site or App or available through any Services are intended to be, and must not be taken to be, the practice of medical or counseling care. 

Developments in medical research may impact the health, fitness and nutritional information that appear here. No assurance can be given that the information contained in this Site or App will always include the most recent findings or developments with respect to the particular material. Your access or use of this Site or App and the Services does not create in any way a practitioner/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our contributors. We do not recommend or endorse any specific tests, health-care professionals, procedures, opinions, or other information that may appear on the Site or App. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.‍