This Website and Application are operated by Headsafe MFG Pty Ltd under the domain name headsafe.com.

  1. Use of Website, Application and Materials

    a. The information, graphics and materials on the Website and Application ("Materials") are intended to summarise our services and general matters of interest.

    b. Headsafe makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Materials.

    c. Headsafe does not warrant or represent that the Website and Application or the Materials will not cause damage or are free from any computer virus or any other defects or errors.

    d. Headsafe is not liable to users of the Website and Application for any loss or damage however caused resulting from the use of the Website, Application and/or the Materials.

    e. The Internet is not a secure medium and communications to and from the Website and Application may be intercepted or altered in transit. We do not warrant that the Website and Application is free from anything which may damage any computer which accesses the website and Application or data on such computer.

    f. In using the Website and Application, you are deemed to accept our Privacy Policy which appears on this site.

  2. Limitations of liability

    a. To the maximum extent permitted by law, we exclude completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the Materials and/or any use of the Website and Application. This includes, but is not limited to, the transmission of any computer virus.

    b. Where any law implies a warranty into these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the services again, or the payment of the cost of having them supplied again.

    c. Where liability cannot be excluded, any liability incurred by us in relation to the use of this website and Application or the content is limited as provided under the Australian Consumer Law.

    d. Under no circumstances will Headsafe be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use of the Materials or the Website.

    e. You do not rely on any representation, warranty or other provision made by Us or on our behalf which is not expressly stated in these terms.

    f. We will not be liable for loss or corruption of your Data, including your Personal Information, loss of revenues, loss of goodwill or anticipated sales or savings or interruption to business or wasted management/administrative time.

  3. Copyright in material on this site

    a. Unless otherwise indicated, we reserve all copyright in the content and design of this website and Application. We own all such copyright or use it under licence or applicable law.

    b. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968(Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Materials may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of Headsafe .

    c. Headsafe is the owner of several registered trademarks which appear on this website and Application. Unauthorised use of these trademarks will infringe our intellectual property rights.

    d. Headsafe reserves all other rights in the Materials and the Website and Application

  4. Links to or from this website and Application

    a. You must not create or maintain any link from another website and Application to this Website and Application without our written consent. We are not liable for the content on those websites.

    b. Headsafe makes no warranties or representations that material on other web sites to which the Website and Application is linked does not infringe the intellectual property rights of any person anywhere in the world.

    c. Headsafe is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites.

  5. Applicable Law

    a. The law applicable to use of the Website, Application and the Materials and to disputes arising out of the Website, Application and the Materials is governed by, and construed in accordance with the laws of the state of New South Wales, Australia.

    b. We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on this website and Application as they are changed. This legal disclaimer is in no way limited or altered by any other terms or conditions on this website

  6. Dispute Resolution

    a. The parties must use all reasonable commercial endeavours to settle any dispute arising out of or relating to this Agreement, including with regard to its existence, validity or termination, by:

    1. authorised representatives of each party meeting to discuss and resolve the dispute; or (if not resolved within 30 days of notice of the existence of the dispute being given by one party to the other)

    2. mediation administered by the Australian Disputes Centre (ADC) before having recourse to arbitration or litigation

    b. The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC (Guidelines).

    c. The terms of the Guidelines are hereby deemed incorporated into this Agreement.

    d. Each party must participate in any mediation, conducted under this Agreement, in good faith.

    e. Subject to clause 6(f), neither party may commence litigation or commence arbitration without first complying with clause 6(a)

    f. Nothing in this Agreement prevents a party from seeking urgent interlocutory relief.

  7. Termination

    a. We may terminate the provision of services through the website and Application at any time in our absolute discretion

    b. Upon termination of this Agreement, you must immediately cease to use the Service

  8. General

    a. This Agreement contains all the terms and conditions agreed on by the parties. No oral agreements or representations will be valid or binding on the parties unless expressly contained in this Agreement or by a written amendment to this Agreement.

    b. No term or condition in this Agreement will be deemed waived and no breach excused unless such waiver or excusal is in writing and signed by Us.

    c. If any term or condition of this Agreement is found to be illegal or unenforceable, each such term or condition will be enforced only to the extent it is not illegal or unenforceable and all other terms and provisions of this Agreement will remain in full force and effect.

    d. This Agreement is not to be interpreted against the interests of a party merely because that party proposed this Agreement or some provision of it or because that party relies on a provision of this Agreement to protect itself.

  9. Disclaimer

    a. This website and Application contains general information about medical conditions and treatments. The information is not advice and should not be treated as such.

    b. The medical information on this website and Application is provided "as is" without any representations or warranties, express or implied. The author/s, developer/s, host/s and their staff, colleagues and heirs make no representations or warranties in relation to the medical information on this website.

    c. Without prejudice to the generality of the foregoing paragraph, the author/s, developer/s, host/s and their staff, colleagues and heirs do not warrant that:

    d. the medical information on this website and Application will be constantly available, or available at all; or

    e. the medical information on this website and Application is complete, true, accurate, up-to-date, or non-misleading.

    f. You must not rely on the information on this website and Application as an alternative to medical advice from your doctor or other professional healthcare provider.

    g. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider.

    h. If you think you may be suffering from any medical condition you should seek immediate medical attention.

    i. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

    j. Nothing in this medical disclaimer will limit any of our liabilities in any way that is not permitted under applicable law or exclude any of our liabilities that may not be excluded under applicable law in any country in perpetuity.

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