1.   General Statement (depending on where you originated your information)

1.1    Australian Wholistic Health and Wellbeing Company Ltd (ABN 70 145 723 119) owns and operates the websites and together with Lifestyle Medicine Institute LLC (together, Lifestyle Medicine Institute), provides the content located at https://chiphealth.com.au (CHIP Health), https://chiphub.myabsorb.com (CHIP Hub) and https://wellbeing360.com.au (Wellbeing360™) and https://chiptraining.com.au/( CHIP Training).

1.2    These terms and conditions (Terms and Conditions) govern the relationship between Lifestyle Medicine Institute (LMI) and you, and or your use of and access to CHIP Health Australia, CHIPHub and Wellbeing360™ (the Websites).

1.3    By visiting the Websites and accessing the content and using the services facilitated by the Websites (including by accessing any linked pages or information owned by the Lifestyle Medicine Institute) (the Website Features), you agree to be bound by and abide by these Terms and Conditions, and depending upon the Website Features accessed or used, there may be additional terms and conditions that we require you to agree to.  If you do not accept these Terms and Conditions, or any other applicable terms and conditions, you must refrain from using the Websites and Website Features.

2.   The Websites do not provide medical advice

2.1    You acknowledge that the information contained on the Websites and provided as part of the Website Features:

2.1.1  Is not medical advice and is provided for educational and information purposes only;
2.1.2  Is not intended to make any claim in relation to therapeutic effect, and;
2.1.3  Is not intended nor implied to be a substitute for medical advice, diagnosis and treatment from registered medical practitioners and healthcare professionals.

2.2    Content contained in the Websites and provided through Website Features is not intended to be used to diagnose, treat, cure or prevent any disease or condition, or intended to be relied on for therapeutic purposes. No person should act in reliance on any statement contained in the content provided on the Websites and Website Features (except to consult a registered medical professional when recommended).

2.3    If, after using any of the Website Features, you have any questions concerning the suitability or appropriateness of any of the information provided to you, you should consult your registered medical practitioner or healthcare professional.

2.4    You should not delay, or disregard seeking medical advice or cease or commence pursuing a particular course or form of treatment on the basis of any information provided to you on the Websites, or conveyed to you as part of any of the Website Features. Your registered medical practitioner or healthcare professional is responsible for diagnosing you and advising you of the appropriateness or suitability of treatment options for you.

3.   Using the Websites

3.1    Your use of the Websites and participation in the Website Features is voluntary and any information, personal or otherwise, contributed to the Websites is provided voluntarily by you. You may discontinue your use of, and your participation in, the Websites or any Website Feature at any time.

3.2    Unless we agree otherwise in writing, you are provided with access to the Websites and the Website Features only for your personal use. You are authorised to print a copy of any information contained on any of the Websites. You must not otherwise modify, copy, reproduce, republish, frame, upload, post, transmit, distribute or provide a link to the contents of the Websites in any way, except as expressly permitted by the Websites, or with the written authorisation of the Lifestyle Medicine Institute.

3.3    Access to any of the Websites, including to your Account, may be terminated at any time by us without notice. These Terms and Conditions and any other applicable terms and conditions will survive any such termination.

3.4    You agree that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms and Conditions, or by laws, which apply to you. You may not use any of the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use of the Websites. You may not obtain or attempt to obtain any materials or information through any means not made available or provided to you through the Websites.

3.5    The Lifestyle Medicine Institute will deal with your personal and sensitive information that you provide to us as part of establishing and maintaining an Account in accordance with our Privacy Policy on our website.

4.   Sharing of information

Individuals are given access to CHIP Hub and Wellbeing360™ via the Complete Health Improvement Program (CHIP).

CHIP Hub is used as a way of providing health and wellbeing education. The only individual details collected are done so in order to provide You with access to CHIP Hub and will remain confidential. More information on this is contained in the Privacy Policy.

Wellbeing360™ is used as a way of measuring and planning health and wellbeing initiatives. All individual results of the Wellbeing360™ remain confidential. No individual health information will be passed onto any third party other than as set out in our Privacy Policy. However aggregate scores and health trends may be passed onto authorized organizations including select academic institutions, in support of health and wellbeing research and to assist in the development of health and wellbeing initiatives. More information on this is contained in the Privacy Policy.

5.   Intellectual property

5.1    Unless otherwise specified, all intellectual property, including copyright, in the content of the Websites and the Website Features (including text, graphics, logos, icons, sound recordings and software associated or used in connection with the Websites and the Website Features) is owned or used under license by the Lifestyle Medicine Institute or its licensors. Other than any additional rights you may have under applicable laws that cannot be modified, restricted or excluded, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:

5.1.1    Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of any Website or Website Feature; or
5.1.2    Commercialise any information or services obtained from any part of the Websites or the Website Features, without our written permission.

5.2    If you believe that any content on the Websites infringe your or a third party’s copyright, you should contact us in accordance with clause 12 of these Terms and Conditions with the particulars of the alleged infringement, including the work you believe has been infringed, and your contact details.  We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

6.   Linked websites

6.1    The Websites may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not be accurate, current or maintained.

6.2    We are not responsible for the content or privacy practices associated with Linked Websites.

6.3    If a link to a Linked Website is not functioning, please notify us immediately of the details provided at clause 12 of these Terms and Conditions.

6.4    Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any content, information, graphics, materials, products or services referred to or contained on those Linked Websites, and we accept no liability or responsibility for such content, unless and to the extent stipulated to the contrary. We do, however, develop, document, and follow specific policies and procedures for evaluating and choosing sites with which to link. Linked Websites are reviewed for appropriateness at least annually.

7.   Privacy

The Lifestyle Medicine Institute considers your privacy to be of the utmost importance. We have developed a Privacy Policy to inform you of how we manage your personal information and maintain its integrity and security. ‘Personal information’ generally means any kind of information in any form about a person that identifies that person and includes sensitive information such as health information. We undertake to comply with the terms of our Privacy Policy in respect of any information you provide to us through the Websites or as part of the Website Features, including your personal information and sensitive information. Our Privacy Policy can be accessed on our website.

8.   Limitation of liability and indemnity

8.1    The Lifestyle Medicine Institute makes no representation or warranty as to the timeliness, accuracy, suitability or completeness of any information or content on the Websites, nor do we accept any responsibility arising in any way for errors and omissions.

8.2    All information provided on the Websites is general in nature and does not constitute medical or any other form of advice and is provided ‘as is’ without warranty of any kind, express or implied, to the fullest extent possible under law.

8.3    To the maximum extent permitted by law, The Lifestyle Medicine Institute excludes all liability to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of information on the Websites, (or any Linked Websites), including, without limitation, loss of data, damage to systems, business interruption, or any other commercial damages or losses.

8.4    To the extent we are liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, and to the extent to which we are entitled to do so, we limit our liability in respect of any claim under those provisions to: in the case of goods, at our option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at our option, the supplying of the services again; or the payment of the cost of having the services supplied again.

8.5    In no event shall The Lifestyle Medicine Institute’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five hundred dollars ($500.00).

9.   Governing law

These Terms and Conditions are governed by the laws of New South Wales, and you unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and the courts that hear appeals from them.

10.   General

10.1    We reserve the right to amend these Terms and Conditions from time to time. Amendments will be notified on the Websites. Your continued use of the Websites following such notification will represent an agreement by you to be bound by the amended Terms and Conditions.

10.2    If any provision of these Terms and Conditions is found to be unenforceable for any reason, then that provision shall be deemed deleted from these Terms and Conditions and all other provisions shall remain in full force and effect.

10.3    No waiver by us of a right or remedy under these Terms and Conditions is effective unless it is in writing and signed by us.  It is only effective in the specific instance and for the specific purpose it was granted.  A single or partial exercise or a right or remedy under these Terms and Conditions does not prevent a further exercise of that or any other right or remedy.

10.4    We are not liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay or failure is due to circumstances beyond our reasonable control, including, without limitation, acts of God, acts of government or acts of third parties (including war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, Internet failure, equipment failure or strike or lockout).

10.5    These Terms and Conditions and any warranties implied by law, which are not capable of being excluded or modified, embody the whole agreement between you and the Lifestyle Medicine Institute and supersede any prior arrangement, understanding or representation between us.

11.   More information about

You can access more information about the Lifestyle Medicine Institute at  www.chiphealth.com.au

12.   Communications, complaints and notices

12.1    To contact us, give us feedback, make a complaint or give notices to the Lifestyle Medicine Institute you can contact us by email at  ask@chiphealth.com.au