Astepahead Pty Limited (ACN 107 087 589) (we, us and other similar expressions) welcomes you, the viewer of our Internet web site at http://www.astepahead.com.au (the Site).
Acceptance of these terms of use
We provide the Site subject to these terms of use (TOU).
Before you access the Site, it is important that you read, understand, and agree to these TOU.
Territorial restriction
The Site is provided for access solely by people located within the Commonwealth of Australia (Territory). We do not authorise any person to access the Site or a part of the Site from any location outside the Territory.
Privacy policy and personal information
We collect, use and disclose personal information in accordance with our Privacy Policy, which is available online for you to read or print out. To see our Privacy Policy click here. If the link does not work for some reason, contact us to receive a copy.
Varying these terms
We may change these TOU from time to time without notice to you. It is important that you regularly review the most up to date version of these TOU, as they will be the terms on which you access the Site at any time. The most recent version of these TOU can be seen here.
Information at the site
In publishing the Site, we are:
- not rendering professional advice or services
- providing general information only, which is not intended to be specific to your requirements.
The application and impact of health-related information can vary widely depending on the specific facts involved, and you should not rely on any information at the Site without first obtaining appropriate advice from a qualified professional person (for example a registered podiatrist or medical practitioner), taking into account your specific requirements.
While we are not aware of any inaccuracies in the Site, it is possible that these could appear at the Site, for example if the Site is ‘hacked’ or we mistakenly include information that includes errors. To the extent permitted by law, we disclaim all responsibility and liability (including without limitation, liability in negligence) for all claims, expense, loss and damage a person may incur as a result of information at the Site being inaccurate or incomplete in any way, and for any reason.
You are solely responsible for the use of information at the Site , so you must evaluate and bear all risks associated with the use of information available from the Site, including reliance on the accuracy, completeness, or usefulness of the information. By using the Site you agree that we and our related corporations (and the officers, employees and agents of each) are not responsible for:
- the accuracy or otherwise of the information displayed or omitted from the Site;
- any person’s reliance on information available or omitted from the Site; or
- any loss, expense or damage in connection with the use of the Site or reliance on information at the Site.
Viruses etc
We do our reasonable best to ensure that the Site is free of infection by computer viruses or other contamination , but do not accept any responsibility for damage suffered as a result of any virus or other contamination transmitted through visiting or downloading anything from the Site.
Linked sites
The Site may include links to other websites. We do not sponsor, endorse, adopt, confirm, guarantee or approve the content or representations made on other websites. We make no representation about the accuracy of, and are not liable for content contained on those websites.
Proprietary rights
The content available at and from the Site (the Content), including without limitation text, photographs, images and illustrations, is protected by intellectual property rights (which are governed by Australian and worldwide copyright laws and treaty provisions, privacy and publicity laws, and health-related regulations and statutes). The Content is owned and controlled by us or by third party content providers. The Content is solely for your personal, non-commercial use. You agree to abide by the copyright notices, information, or restrictions contained in the Content.
You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content in any way (including by e-mail or other electronic means) for commercial use. Your modification of the Content, use of the Content on any other website or networked computer environment or for any purpose other than personal, non-commercial use, violates the intellectual property rights and proprietary rights of the content owners and is prohibited.
Violation of intellectual property rights may result in significant civil liability or criminal penalties under Australian and/or worldwide intellectual property laws. Reproduction or use of content, except as authorised by these TOU, is considered intentional infringement.
Trade marks on the Site
Our name and other trade marks including the distinctive ‘footprint’ logo which appear on the Site (the Trade Marks), are trade marks belonging to us or third parties. Nothing contained on the Site is to be construed as granting, by implication, estoppel, or otherwise, any license or right to display, use or link to the Trade Marks, whether registered or unregistered, without prior written permission of the relevant trade mark owner. Your use of the Trade Marks, except as permitted in these TOU, is strictly prohibited.
Site software
The software used to make the Site available to you is owned and controlled by us or our licensors. We grant you a personal, non-transferable and non-exclusive license to use the object code of the software on a single computer solely for the purpose of viewing the Site and subject to these TOU. We may terminate the license at any time without cause or notice to you.
Accessing and linking to the Site
You must not access the Site by any means other than through the home page interface at http://www.astepahead.com.au. You must have our prior written permission before linking any other website to any part of the Site including the home page accessible at http://www.astepahead.com.au.
Exclusion of implied conditions
Provisions of the Trade Practices Act, 1974 and other laws may imply warranties or conditions or impose obligations on us that cannot be excluded, restricted or modified, or which can only be excluded, restricted or modified to a limited extent. To the extent permitted by law, we exclude all other terms, conditions and warranties which might be implied into these TOU.
Your agreement with us
You agree that:
- your use of the Site and the Content is at your own discretion and risk;
- you are solely responsible for any damage to your computer system or loss of data that results from viewing any part of the Site;
- the Site is provided on an "as is" and "as available" basis;
- to the extent permitted by law, we disclaim all warranties of any kind in relation to use of the Site and the Content, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement;
- we make no warranty or representation that:
- the Site will meet your requirements or be uninterrupted, timely, secure, or error-free; or
- the Content will be accurate or reliable; and
- to the extent permitted by law, no information obtained by you from the Site creates any warranty or representation that is not expressly stated in these TOU.
Other damages excluded
We are not liable to you or any third party for any damage for breach of contract, negligence, or otherwise except as stated in these TOU. In these TOU, damage includes direct and indirect or consequential costs, losses, expenses, lost profits, lost savings and claims made by any third party.
You indemnify us
To the extent permitted by law, you agree to release, discharge and keep indemnified us, our related corporations and the officers, employees and agents of each (together, the Indemnified), from and against all loss, expense, damage or claim (including without limitation, whether by way of death of or personal injury to any person, damage to property, delay or financial loss) made against any of the Indemnified by you or any third party and arising from or incidental to your use of, or inability to use the Site, the Content or any other matter relating to the Site, and whether caused by our negligence or otherwise.
Limitation
To the extent permitted by law, our liability in relation to the Site and the Content is excluded and/or limited as specified in the other provisions of these TOU. Where those provisions are not effective to exclude our liability then our liability is limited:
in relation to goods we supply, at our option to:
- replacement of the goods or the supply of equivalent goods; or
- repair of the goods; or
- paying the cost of replacing the goods or of acquiring equivalent goods; or
- paying the cost of having the goods repaired; and
in relation to services we supply, at our option to:
- supplying the services again; or
- paying the cost of having the services supplied again.
Keeping the Site ‘clean’
Please help us keep the Site clean. If you see anything that violates these TOU, please send details to us at askus@astepahead.com.au
General
Headings in these TOU are for convenience only and do not affect interpretation.
These TOU constitute the entire agreement, superseding any prior agreements, between you and us in respect of the Site. You also may be subject to additional terms and conditions that may apply when you use linked web sites, third party content or third party software.
These TOU and the relationship between you and us are to be governed by the laws of the Commonwealth of Australia and the State of New South Wales without regard to its conflict of law provisions. You agree to submit to the personal and non-exclusive jurisdiction of the courts in the State of New South Wales.
Our failure to exercise or enforce any right or provision of these TOU must not be treated as a waiver of the right or provision.
If any provision of these TOU is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but the court should try to give effect to the parties' intentions as reflected in the provision. The other provisions of these TOU are to remain in full force and effect.
To the extent permitted by law, regardless of any statute or law to the contrary, any claim or cause of action against us (our related corporations and the officers, employees and agents of each) arising out of or related to use of the Site or these TOU must be filed within one year after the claim or cause of action arose, or be forever barred.
There is no professional/patient, agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and any user simply by the existence or use of the Site.
Your rights and obligations under these TOU are personal and may not be assigned or dealt with in any way without our permission, which we may withhold in our absolute discretion.
