General Website Terms & Conditions
These terms of use, including our Privacy Policy (Terms) govern your use of the website, https://shape.wapha.org.au/ (Website). Please read these Terms carefully.
BY USING THE WEBSITE, YOU ARE DEEMED TO HAVE AGREED TO THE TERMS. If you do not agree to be bound by the Terms you must not use the Website.
1 Ownership
1.1 The Website and all Content (as defined this term is defined in clause 7.1) is owned, or licenced for use, by WA Primary Health Alliance (ABN 11 602 416 697) of Level 2, 1 Hood Street, Subiaco WA 6008 (WAPHA, we, us and our).
1.2 While the Australian Government Department of Health and Aged Care has contributed to the funding of the Website, the information on the Website does not necessarily reflect the views of the Australian Government and is not advice that is provided, or information that is endorsed, by the Australian Government. The Australian Government is not responsible in negligence or otherwise for any injury, loss or damage however arising from the use of or reliance on the information provided on the Website.
2 Use of website
2.1 Except with the written consent of WAPHA, you may only use the Website and the Content for personal non-commercial purposes.
2.2 The Website and the Content are directed to users who are at least 18 years old, residing within Australia and working within the health profession. We do not represent that the Content is appropriate for use or available in other locations. If you access the Website outside Australia, you do so at your own risk and you are responsible for compliance with laws applicable to your accessing the Website from your location.
2.3 Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are incorporated by this reference into these Terms.
3 User Account
3.1 To be eligible for a User Account you must:
3.1.1 be an individual over the age of 18 years;
3.1.2 work in the health profession and/or provide health care services together with patients;
3.1.3 working within Australia,
(Eligibility Criteria)
3.2 Subject to satisfying the Eligibility Criteria, you may apply for a “user account” to access the online learning and exclusive practice resources section (Online Education) of the Website (User Account). By applying for a User Account you warrant and represent that you satisfy the Eligibility Criteria. If at any time you cease to satisfy the Eligibility Criteria you must cease accessing the online learning and exclusive practice resources and WAPHA may terminate your User Account.
3.3 If WAPHA, at its absolute discretion, grants you a User Account, your use of that account is subject to and conditional on your compliance with these Terms.
3.4 If you choose, or you are provided with, a username, user identification code, password or any other piece of information as part of our security procedures (Security Information), you must treat such information as confidential. You must not disclose it to any third party.
3.5 You are responsible for the safekeeping of the Security Information, and liable if your account is misused by an unauthorised person.
3.6 We have the right to disable any of the Security Information, whether chosen by you or allocate by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
3.7 If you know or suspect that anyone other than you knows any of your Security Information, you must promptly notify us by emailing healthyweightprojects@wapha.org.au.
4 Prohibited uses
4.1 You may use the Website and the Content only for lawful purposes and in accordance with these Terms.
4.2 You agree not to use the Website and the Content:
4.2.1 in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
4.2.2 for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
4.2.3 to transmit, or procure the sending of, any advertising or promotional, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
4.2.4 to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
4.2.5 to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
4.3 Additionally, you agree not to:
4.3.1 use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
4.3.2 use any robot, spider, scraping device, deep link, or other automatic device, tool or algorithm, to process or means to access the Website for any purpose, including monitoring or copying any of the Content;
4.3.3 use any manual process to monitor or copy any of the Content or for any other unauthorised purpose without our prior written consent;
4.3.4 use any automatic or manual process to reverse engineer or decompile any part of the Website;
4.3.5 use any device, software or routine that interferes with the proper working of the Website;
4.3.6 attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
4.3.7 introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
4.3.8 attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
4.3.9 breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website; or
4.3.10 use the Website or the Content in any way that otherwise breaches these Terms.
4.4 WAPHA may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
5 Cookies
5.1 The Website uses cookies, tracking pixels and related technologies.
5.2 Cookies are small data files that are served by our platform and stored on your device. The Website uses cookies dropped by us or third parties for a variety of purposes including to operate and personalise the Website and Content. Also, cookies may be used to track how you use the Website to target ads to you on other websites.
5.3 You can disable the use of the cookies by changing your web browser settings.
6 Third party websites
6.1 The Website may contain links to other web sites (including banner advertisements and sponsored links) controlled by third parties and resources provided by third parties (Third Party Website and Resources), these links are provided for your information only. Such links should not be interpreted as approved by us of those linked websites or information you may obtain from them.
6.2 WAPHA is not responsible for any content on, or in, Third Party Website and Resources. If you choose to visit, or use, a Third Party Website and Resources you do so at your own risk and subject to the terms and conditions of use of the Third Part Website and Resources.
6.3 You should make your own enquiries before relying on any content contained on, or in, a Third Party Website and Resources.
6.4 WAPHA makes no representations or warranties, whether express or implied, about the quality or accuracy of material available on, or in, a Third Party Website and Resources, or that such material does not infringe the intellectual property rights of a third party.
7 Intellectual property
7.1 WAPHA is the owner or licensee of all intellectual property rights in the Website, and in the material published on it (including but not limited to all data, text, software, images, graphics, trademarks, logos, interfaces, photographs) (Content). The Website and the Content are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to the Website or Content posted on the Website.
7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4 Our status (and that of any identified contributors) as the authors of the Website and Content must always be acknowledged.
7.5 You must not use any part of the Content for commercial purposes without obtaining a licence to do so from us or our licensors.
7.6 If you print off, copy or download any part of the Website or the Content in breach of these Terms, your right to use the Website and the Content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7.7 If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
7.8 You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from the Website.
8 Trade Marks
8.1 The trade marks and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors (whether or not registered).
8.2 You must not use such marks without our prior written permission unless they are part of material you are using as per clause 7.2.
8.3 Other names, logos, product and service names, designs and slogans on the Website are the trade marks of their respective owners and are used by us under licence.
9 Do not rely on information on the Website
9.1 The Website and the Content is provided on an “as is” and “as available” basis, and to the extent permitted by law we make no representations or warranties, express or implied, regarding the operations or availability of the Website or the Content.
9.2 The Content is provided for general information only. It is not intended to amount to advice on which you should rely.
9.3 Although we make reasonable efforts to update the Website and the Content, to the extent permitted by law we make no representations, warranties or guarantees, whether express or implied, that the Website or the Content is accurate, complete or up-to-date.
10 Information and content within the Online Education section
10.1 This clause 10 only applies to the information and Content in the Online Education section of the Website (Online Education Materials).
10.2 The Online Education Materials are intended for general information purposes only and may contain sensitive images and content that may be upsetting or disturbing, user discretion is advised. The material is not designed to be, and is not a substitute for, formal clinical guidelines, educational texts, or specific professional, medical or related advice or opinion, and should not be taken as such. .
10.3 The Online Education Materials does include the views or recommendations of third parties and does not necessarily reflect the views of WAPHA or a commitment to a particular course of action. Further, the Online Education Materials may contain sensitive images and content, which are used with all necessary consents and for medical educational purposes only. The Online Education Materials (in any form) should not be copied, transmitted, distributed or used for any other purpose, including any purpose contrary to law.
10.4 Although WAPHA makes all reasonable efforts to provide quality and accurate information in the Online Education Materials, to the extent permitted by law, WAPHA does not provide any guarantee or warranty that that information is complete, accurate, reliable, or suitable for all purposes. The information within the Online Education Materials is based on clinical evidence at the time of its publication. Any reliance you place on such material is therefore strictly at your own risk..
10.5 To the full extent permitted by law, WAPHA, including our officers, employees and agents, shall have no liability to, and are released and indemnified by, any users of the information contained in the Online Education Materials for any loss, injury or damage (direct, indirect, consequential or otherwise), cost or expense incurred or arising by reason of any user using or relying on the information contained in the Online Education Materials whether caused by any error, negligent act, omission or misrepresentation in the information
10.6 Where the Online Education Materials contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the content of those sites or resources and do not necessarily endorse their information.
10.7 If you notice any incorrect information in any of our publications, please send feedback.
11 Termination of use
11.1 You may stop using the Website at any time for any reason.
11.2 WAPHA reserves the right in its absolute discretion to suspend or terminate at any time your access to the Website or your User Account without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.
11.3 WAPHA may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website or the Content is in breach of these Terms, or is in breach of law or other regulation. WAPHA reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief.
12 Suspension or Withdrawal of Website
12.1 The Website and the Content are made available free of charge.
12.2 WAPHA does not guarantee that the Website, or any Content, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
12.3 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms and other applicable terms and conditions, and that they comply with them.
13 Variation to the Term and Website
13.1 WAPHA may amend, vary or modify these Terms from time to time. It is your responsibility to review the Terms each and every time you wish to use the Website to ensure that you understand the Terms that apply at that time. For the avoidance of doubt, WAPHA will not notify you of these any amendments, variations or modifications to the Terms.
13.2 WAPHA may update and change the Website from time to time to reflect changes to our products, services, our users’ needs, changes in law and our business priorities. We will try to give you reasonable notice of any major changes.
14 Limitation of liability
14.1 To the extent permitted by law, WAPHA, its associated entities (as that term is defined in the Corporations Act 2001 (Cth)), licensors, service providers and each of their respective officers, employees, contractors, agents, licensors, suppliers, successors and assigns (Affiliates) are not liable for damages of any kind, under any law, arising out of or in connection with your use, or inability to use, the Website, any website linked to it, the Content or such other websites content or any services or items obtained through the Website, or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
14.2 Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. WAPHA and its Affiliates do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where WAPHA and its Affiliates’ liability cannot be excluded, their liability is limit to the fullest extent permitted by the Australian Consumer Law.
14.3 You agree to defend, indemnify and hold WAPHA and its Affiliates, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable solicitors’ fees) arising out of or relating to your breach of the Terms or your use of the Website, including, but not limited to your use of any information obtained from the Website and any use of the Content, services and products other than as expressly authorised in these Terms.
15 Governing law
These Terms are governed by the laws of Western Australia in Australia, and any dispute in relation to these Terms or your access or use of the Website and the Content will be subject to the exclusive jurisdiction of the Courts of Western Australia.
16 Miscellaneous
16.1 If any of these Terms are unenforceable or held to be invalid, the offending provision/s will be removed from these Terms and the amended Terms will remain in force.
16.2 Any failure by WAPHA to act or enforce these Terms immediately will not be considered a waiver of WAPHA’s right to take any such action.
17 Contact us
If you have any questions or queries in relation to these Terms, please contact us by emailing healthyweightprojects@wapha.org.au.