1. Introduction

1.1 The Menopause Friendly Website is operated and administered on behalf of Menopause Friendly by Menopause Friendly Pty Ltd (MF) (“the Website”). Accordingly, the terms “we”, “us”, and “our” refer to both Menopause Friendly and (in so far as it related to the operation and administration of the Website and its intellectual property rights), MF.

1.2 These terms of use govern your use of the Website; by using the Website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our Website.

1.3 You must be at least 18 years of age to use the Website. By using the Website and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.

1.4 The Website uses cookies. By using the Website and agreeing to these terms of use, you consent to our use of cookies in Cookie Policy.

1.5 These Terms and Conditions shall apply to the use of our Website to the exclusion of any terms and conditions or any other materials which you may purport to apply or which are endorsed upon any correspondence or documents issued by you irrespective of their date of communication to us.

2. Licence to use the Website

Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and material on the Website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Website for your own use, subject to the restrictions set out below and elsewhere in these Terms and Conditions of Use.

You must not:

(a) republish material from the Website (including republication on another website);

(b) sell, rent or sub-license material from the Website;

(c) show any material from the Website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on the Website for any commercial purpose without our specific, written authority;

(e) edit or otherwise modify any material on the Website; or

(f) redistribute material from the Website except for content specifically and expressly made available for redistribution (such as our newsletter)

3. Acceptable use 

You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent.

You must not use the Website to transmit or send unsolicited commercial communications.

You must not use the Website for any purposes related to marketing without our express written consent.

4. Restricted access

Access to certain areas of the Website is restricted. We reserve the right to restrict access to other areas of the Website, or indeed the whole Website, at our discretion.

If we provide you with or you generate a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that the password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

You are responsible for any activity on the Website arising out of any failure to keep your password confidential and may be held liable for all and any losses (including all legal costs) arising out of such a failure.

You must not use any other person’s user ID and password to access the Website, unless you have that person’s express permission to do so.

We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

5. User content

In these terms of use, “your content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

You warrant and represent that your content will comply with these terms of use.

Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint

.6.    General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) Menopause Friendly Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Menopause Friendly Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Menopause Friendly Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website)