Terms of Use

Terms and Conditions and Privacy Policy

Terms of Use

DISCOVERY IN ACTION – website terms and conditions

1. Terms and Conditions and Privacy Policy

1.1. The website with the URL www.discoveryinaction.com.au and associated websites ("Website") is owned and operated by Eyres & Associates Pty Ltd (ACN 149 266 544) ("E&A") trading as Discovery in Action (“DIA”). By accessing and using the Website you agree to be bound by these terms and conditions and DIA’s privacy policy ("Privacy Policy"), as updated from time to time.

1.2. Your access and use of the Website and any products, services, information, text, graphics, materials, software (including third party software) and other content available on the Website ("Website Material") is subject to these legally binding terms and conditions. Please read these terms and conditions carefully before proceeding any further.

1.3. DIA may amend these terms and conditions and/or the Privacy Policy at any time and all amendments will take effect immediately upon the posting of the amended terms and conditions and/or Privacy Policy on the Website. You are responsible for regularly reviewing these terms and conditions and the Privacy Policy and your continued use of the Website constitutes your agreement to the amended terms and conditions and/or Privacy Policy. DIA may also modify, suspend, discontinue or vary the Website Material at any time in its discretion.

2. Your use of the Website

2.1. You must not violate or attempt to violate the security of the Website. You must not hack into the Website, DIA's computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

2.2. You are solely responsible for the security of all user names and passwords used by you to access the Website and conduct any transaction available via the Website. DIA will not be responsible for any unauthorised access to the Website or misuse of any user names or passwords, except to the extent that: (a) the unauthorised access or misuse was caused by DIA's negligence or wilful misconduct; or (b) DIA is otherwise unable to exclude its liability by law.

2.3. You must notify DIA of any change in user name or password, any suspected or actual unauthorised access to a user name or password, or if a person is no longer entitled to use a user name or password.

2.4. DIA reserves the right to cancel a person's user name or password at any time.

3. Website availability

3.1. From time to time the Website may be unavailable for access or use. DIA will work within reason to limit the amount of time the Website is unavailable.

3.2. DIA will not be liable for any loss or damage you incur as a result of any Website unavailability except to the extent that: (a) the loss or damage was caused by DIA's negligence or wilful misconduct; or (b) DIA is otherwise unable to exclude its liability by law.

4. Intellectual Property

4.1. Reproduction of part or all of the contents (in any form) of the Website and the Website Material is prohibited other than for individual use only and such content must not be recopied or shared with any third party. The permission to recopy by an individual does not allow for incorporation of Website Material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.

4.2. Unless otherwise noted, the Website Material is protected as the copyright, trade dress, trade marks and/or other intellectual properties owned by DIA, or by other parties that have licensed their material to DIA.

4.3. You must not use any of the trade marks or brand names of DIA without DIA's prior written consent. You must not do anything which may harm the goodwill in the trade marks and brand names of DIA.

4.4. All rights not expressly granted are reserved.

5. Links to and from third party sites

5.1. The Website or Website Materials may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under DIA's direct control and DIA accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to the Website). Your access to those third party sites and use the site's products and services is at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by DIA of the third party sites or the products or services provided on the sites.

6. Viruses

6.1. DIA cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume the risk of use of programs and files on the Website.

7. Warranty and Disclaimer

7.1. You agree that your access to and use of the Website and Website Material is subject to these terms and conditions and the Privacy Policy and all applicable laws, and is at your risk. The Website and the Website Material are provided to you on an "as is" basis, and may contain errors, faults and inaccuracies and may not be complete and current. All terms implied by law, except those that can not be lawfully excluded, are excluded.

7.2. In particular, while DIA has taken care in creating and maintaining the Website, DIA does not warrant or represent that the Website or the Website Material is free from errors or omissions, free from any computer viruses or other defects, or that user access to the Website will be continuous or uninterrupted.

8. Limitation of liability

8.1. Neither DIA nor any of its affiliates, subsidiaries, related bodies corporate, directors, officers, employees, agents, contractors, successors or assigns (collectively "DIA's Related Bodies") will be liable for any damages, economic loss or other loss whatsoever arising out of, or in any way related to, the use or access of the Website or the Website Material except to the extent that: (a) such loss or damage was caused by DIA's negligence or wilful misconduct; or (b) DIA is otherwise unable to exclude its liability by law. This limitation applies to direct, indirect, consequential, exemplary, incidental, special, punitive or any other losses or damages that you or others may suffer, as well as damages for loss of profits, goodwill, use, business interruption or the loss of data or information.

8.2. To the fullest extent permitted by law, DIA's and DIA's Related Bodies' liability for breach of any implied condition, warranty or undertaking which cannot be excluded is limited, at the option of DIA, to:

(a) in the case of goods, 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

(b) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.

8.3. The limitation of DIA's liability applies whether the claim is in contract, tort, or equity and even if DIA has been notified of the possibility of such loss or damage. You agree that DIA's and DIA's Relates Bodies' liability, if any, to you at law will be reduced by the extent, if any, to which you contributed to the loss.

9. Indemnity

9.1. You indemnify DIA in respect of any liability incurred by DIA for any loss, cost, damage or expense caused by, or suffered by DIA as a result of your breach of these terms and conditions or your negligence or wilful misconduct.

10. Force Majeure

10.1. DIA will not be liable for a failure in the performance of its obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond DIA's reasonable control.

11. Applicable Law

11.1. Your use of the Website and the Website Material is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of the Website are exclusively subject to the jurisdiction of the courts of Victoria, Australia.

12. Overseas Access

12.1. The Website may be accessed throughout Australia and overseas. DIA makes no representations that the Website or the Website Material complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

13. Privacy

13.1. Your privacy and security is very important to DIA. The Privacy Policy governs the collection, use and disclosure of your personal information by DIA.

13.2. DIA fully supports the 'National Privacy Principles' found in Schedule 3 of the Privacy Act 1988 (Cth). More information on privacy legislation is available from the Federal Privacy Commissioner at www.privacy.gov.au. and you are encouraged to review the Privacy Policy.

13.3. If you become a participant or coach member of a Discovery in Action® program, your details may be collected and used of the purpose of conducting the program and providing you with useful information relating to the program. This will involve sending you emails. By becoming a member you consent to the use of your information in the course of these activities and to the receipt of such emails. You can access and correct the personal information that DIA holds about you by contacting DIA via the details in the ‘contact us’ page. Further information is available in the Privacy Policy.