TERMS AND CONDITIONS
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For the purposes of these terms and conditions the following definitions apply:
(a) Affiliates means any of our associated entities as that term is defined in the Corporations Act 2001 (Cth);
(b) AKTIV App means the App owned and operated by us allowing access to the Website from remote devices, e.g. mobile phones and tablets;
(c) Forum means the Forum where registered members are able to communicate together be it on the Website or other 3rd party platforms eg Facebook;
(d) Licence means the licence granted by us to you governing your use of the Website and the Services in accordance with these terms and conditions;
(e) one gender includes each other gender;
(e) Our, ourselves, us, we, refer to “AKTIV” (“AKTIV”) and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
(f) Party refers to a party to these terms and conditions and it includes that party's successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;
(g) Program means the AKTIV program offered to you via the website;
(h) Subscription means the subscription with AKTIV entitling you to use of the Website, the Program and/or the Forum;
(i) Terms and Conditions means these terms and conditions as amended from time to time;
(j) Website means collectively the website AKTIV.com, Forum, Program, products and/or services offered or provided by AKTIV including the AKTIV App;
(k) You or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the Website and its contents.
Note in these Terms and Conditions, the single includes the plural and the plural includes the singular.
2.1 By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensible Licence to personally access and use, for non-commercial purposes, the Website and the services offered on the Website (“Services”).
2.2 This Licence shall continue until terminated in accordance with this Agreement.
3.1 These Terms and Conditions govern your right to use the Website and your access to and use of the AKTIV App, Program, the Forum and/or any products or services acquired in relation to the Program and/or any links provided on the Website to other websites.
3.2 In downloading any content from the Website to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website, the Program and/or the Forum.
3.3 You agree that if you download any content from the Website you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
3.4 You agree that in downloading any service or product from the Website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and/or make it available over a network where it could be used by multiple devices at the same time.
3.5 You agree that your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Taiwan and when accessed in another jurisdiction the laws of that jurisdiction and Taiwan law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Taiwan.
3.6 You agree that in using the Website, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
3.7 You agree that you will not post comments about the Website, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.
3.8 The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.
5. MEDICAL DISCLAIMER
5.1 We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the Program and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Program and/or its products or services.
14.2 You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the Program or its products and services, is at your sole risk.
6. LIMITATION OF LIABILITY
6.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
7. OUR RIGHTS TO MODIFY SERVICES
7.1 You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website and/or the Terms and Conditions, as we see fit.
7.2 We will publish any intended changes on the Website and you will be deemed to have accepted such changes based on your continued use of the Website following our publication of the notice of change on the Website.
7.3 You agree that we may transfer, assign, license or deal with our interest in the Website, Forum, copyright or any other published material to any Affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 60 days.
8.1 You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
8.2 You are liable for all content posted by you on the Forum.
8.3 You are required to exercise due care to conform to any Taiwanese laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on the Forum or in relation to the Website or that by your actions of conduct.
8.4 You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.