Terms and Conditions
In consideration for payment of the Licence Fee, Wellthly grants you as the holder of a valid Office365 Teams licence
from your organisation, a limited, non-exclusive licence to use the Software and access the Wellthly Content for the
Term in accordance with the terms and conditions of your organisations Agreement.
The Agreement provides the terms on which Wellthly permits you to:
a) access and use the Software and other domains related to Wellthly’s services (as specified by Wellthly from time to time);
b) communicate with Wellthly;
c) review information about the Software and services or register for Wellthly Software through the Microsoft Store; and
d) view and interact with any content, information, communications, advice, text or other material provided by Wellthly (Wellthly Content).
This Licence is non transferrable and solely for use in connection to your business purposes.
You agree that you will be bound by the terms and conditions in this Agreement and all Applicable Law when you:
a) download, use, browse or access any part of the Software;
b) conduct transactions through the Software; or
c) use or access the Wellthly Content.
You will be responsible for use of the Software and Wellthly Content as if it were Your own use and compliance with the terms of this Agreement as it applies to you. You agree to indemnify and hold Wellthly harmless from any losses, claims, demands or actions resulting from your failure to comply with this Agreement as it applies to you.
Using Wellthly services and Software
The Software must only be used to access the Wellthly Content for purposes of enhancing personal wellness. You acknowledge and accept that the availability of Wellthly Content, wellbeing programs and various services included in the Software may change from time to time.
By agreeing to the terms and conditions in this Agreement and/or using Software, you are agreeing to receive services through Microsoft Online Services on the terms and conditions provided at the following link: Microsoft Services Agreement . Wellthly makes no representation or warranty as to the availability, accessibility or fitness for purpose of the services provided by Microsoft Online Services.
Wellthly will not be liable for the acts or omissions of third parties in relation to this Agreement (other than those third parties that are contractors or agents of Wellthly or acting at the direction of Wellthly).
You acknowledge that in order to obtain the full benefit of the Software, Wellthly may require Personal Information. Wellthly will comply, and ensure its personnel comply, with the Privacy Act (including the Australian Privacy Principles in the Privacy Act), Wellthly’s Privacy Policy and all other applicable laws and regulations in relation to the collection, use, disclosure, and protection of Personal Information.
Changes to the Software
The Software is subject to updates and amendments as deemed to be reasonably required by Wellthly.
Wellthly will give you notice of substantial updates or amendments to the Software either by email, notice on the Wellthly website or by any other means Wellthly deems appropriate.
Wellthly Content
The Software is owned and operated by or on behalf of Wellthly.
The Wellthly Content in the Software is for general information and promotional purposes only. Wellthly does not verify or make any warranties or representations as to any third-party products or services described or referred to in the Software. The Wellthly Content in the Software is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Wellthly Content in the Software is not an endorsement of any organisation, product, service or advice.
The Software and Wellthly Content (and the copyright, and other intellectual property rights of whatever nature in the in the Software, including any modifications made thereto) are and shall remain the property of Wellthly. You must not copy, modify, alter transmit, reproduce, reverse-engineer or create derivative works from any part of the Software or Wellthly Content.
The Software contains trademarks, logos and trade names of Wellthly or third parties which may be registered or otherwise protected by law. You must not use, copy, or amend any trademarks, logos or trade names appearing in the Wellthly Content or the Software.
You are not permitted to:
a) Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software or Wellthly Content, nor permit the whole or any part of the Software or Wellthly Content to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things;
b) Reproduce, copy, distribute, resell or otherwise use the Wellthly Content or the Software for any commercial purpose;
c) Allow any third party to use the Software or Wellthly Content on behalf of or for the benefit of any third party;
d) Use the Software in any way which breaches any applicable local, national or international law; or
e) Use the Software for any purpose that Wellthly considers is a breach of this Agreement.
If you have a complaint regarding any Wellthly Content, Wellthly’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove that Wellthly Content.
No provision of medical advice
The Wellthly Content made available through the Software offers general health, fitness and nutritional information to be used for educational purposes only. You should always consult a medical professional in relation to any concerns or questions about personal health and should consider whether the information is suitable for personal needs and circumstances. You should not disregard, avoid or delay obtaining medical or health-related advice from your healthcare professional because of something you may have consumed in the Wellthly Content.
The nutritional information available on the Software may be obtained or compiled from various third-party sources and is not a substitute or replacement for professional medical advice. Wellthly or any other provider of information does not warrant that the information in the Wellthly Content is accurate.
Whilst advancements and developments in medical research may affect the health, fitness and nutritional information contained in the Wellthly content or services made available through the Software, Wellthly does not warrant or guarantee that such information will always include the latest or most recent findings or developments.
Any use of any information provided by or contained in the Wellthly Content or services made available through the Software is used solely at your own risk.
Experiences shared by participants in Wellthly’s services as testimonials on the Software are the thoughts and feelings of these individuals and your individual experiences or results may vary depending on unique circumstances.
To the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of Wellthly Content.
To the extent that you participate in any movement content featured in the Wellthly Content, you warrant that you have no reason to believe that you are not in adequate physical health so as to safely perform such activities nor do they have a disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program, especially if there is a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition.
By granting You the right to use the Software, Wellthly does not assume any obligation or liability with respect to your mental or physical health or wellbeing. In no event will Wellthly be liable for any death, or bodily or mental injury suffered by you, or that is caused to any third party, in connection with use of the Software or any activity undertaken in connection therewith.
Prohibited uses
You agree, that in accessing and using the Software, you will not engage or attempt to engage or assist anyone else in any activities that:
a) download or modify the Software or any portion of the Software;
b) impersonate or falsely claim to represent a person or organisation;
c) are commercial, including selling, marketing, advertising or promoting goods or services;
d) frame the Software without Wellthly’s express written permission;
e) bypass (or attempt to bypass) any security mechanisms imposed by the Software;
f) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, threatening, discriminatory, harassing, abusive, offensive, racially or sexually vilifying, indecent or unlawful material or information of any kind, or otherwise use the Software in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
g) exploits the Software for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, spam or any other materials that are contrary to Wellthly commercial or lawful interests);
h) provides access or links to any material (including links to peer-to-peer network trackers/beacons) which may infringe the intellectual property rights of another person;
i) deletes or alters or attempts to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Software;
j) knowingly posts or transmits or permits the posting or transmission of any material, which contains a computer virus or other harmful data, code or material; or
k) post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.
Links and advertisements
The Software may contain links to other websites. Wellthly has not reviewed all the third-party websites linked on the Software and is not responsible for and makes no warranty in respect of their content or accuracy. Wellthly provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those websites, their operators, the goods, services or content that they describe.
Facebook, Twitter, Instagram, YouTube and other third-party websites and applications which may be linked to the Software, are not covered by these terms, and may have their own terms and conditions and privacy policy. If you choose to access these third party linked sites, it is at your own risk. Wellthly is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they provide. Wellthly is not responsible for and will not be liable in respect of any incorrect link to an external website.
Privacy Policy
Any Personal Information submitted by you (whether your Personal Information or Personal Information of another individual) to Wellthly is subject to and will be handled in accordance with Wellthly’s Privacy Policy. You agree that, by using the Software or communicating with Wellthly, you have read the Privacy Policy, understood its contents and consented to its requirements.
International Use
Wellthly makes no representation or warranty that the Software or Wellthly Content or any competition, offering or content accessible through the Software is appropriate or available for use in locations outside Australia or New Zealand. If you choose to access the Software from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the Software from any location where doing so would be illegal.
Contacting Wellthly
If you have questions about the Software or these terms, please contact Wellthly by clicking on the “Contact Us” button on our website.