TERMS & CONDITIONS
Welcome to the Putting Health at the Top Membership Portal, Groups & Website (the Portals) a site owned and operated by Putting Health at the Top Pty Ltd (ACN 614 091 039) (Phatt)
Please read and consider these terms of use (Terms) carefully before choosing whether to use the services offered by Phatt (Phatt Services). You must be 18 years old and must register and subscribe to use the Portals and the services that Phatt offers (Phatt Services). Your use of all information, data files, written text, software, music, audio files or other sounds, photographs, graphics, video, images and materials which you may have access to as part of, or through your use of the Portals (Content) is governed by these Terms of Use, and PHATT Policies and Procedures. By using the Website and subscribing, you agree to be bound by Phatt Policies including the Terms of Use. If you do not agree with Phatt Policies do not use the Portals.
1. Acceptance of the Terms
It is your responsibility to read the Terms of use and to raise any issues with us before you subscribe to Phatt Services. That includes all Phatt Policies. You will be asked to confirm that you agree to the Terms of Use before you subscribe.
2. Changes to the Terms of use
Phatt may at any time vary the Terms of Use by publishing the varied Terms of Use and a notice on the Website. You accept that by doing this, we have provided you with sufficient notice of the variation of the Terms of Use. The new Terms of Use will be effective immediately and your continued use of and/or access to the Phatt Portals after such change constitutes acceptance of the changes by you.
If you do not agree with the varied Terms of Use, then you must cease your use of the Website accordingly.
3. Member Obligations:
Members must:
a. safeguard all passwords including any access passwords disclosed by Phatt. Unauthorised use of our password by any other person may result in the immediate cancellation of the Services.
b. establish and maintain effective security measures to safeguard Member registration information. Use of such information by any other person is strictly prohibited.
c. immediately notify Phatt of any unauthorised use of any passwords or Member registration information or any breach of security of which you may become aware;
4. Copyright and Intellectual Property
a. The Portals, the Services and all of the related products and services of Phatt are subject to copyright. The material of the Portals are protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Portals (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) of the Services are owned or controlled for these purposes, and are reserved by Phatt or its contributors.
b. All trademarks, service marks and trade names are owned, registered and/or licensed by Phatt, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to use the Portals pursuant to the Terms.
5. Member Conduct
Any breach of the following may be grounds for immediate termination of your access to the Portals and cancellation of your subscription:
a. Lifting Content: You must not use any robot, spider, screen scraper, data aggregation tools, deep-link or other automatic or manual process to access, monitor, copy or extract any part of the Portals or any Content; or to in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content; or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Phatt Portals.
b. No hacking: You must not attempt to gain unauthorised access to any part of the Portals, or any other systems or networks connected to the Portals or to any of the products or services offered through the Portals, by hacking, password “mining” or any other illegitimate means.
c. Your use of Phatt Content: You are responsible for all of your activity in connection with accessing the Phatt Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Phatt Portals.
6. No unlawful use
a. You must not use the Portals or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Phatt or others.
b. You must not, through any act or omission, mislead or deceive others.
7. Termination and Suspension
a. Phatt reserves the right to terminate or suspend your access to the Portals at any time if you breach these Terms of Use or any of the Phatt Policies.
b. The Terms will continue to apply until terminated by either you or by Phatt as set out below.
c. If you want to terminate the Terms, you must do so by notifying Phatt via email to [email protected].
d. Phatt may at any time, terminate the Terms if:
a. You have breached any provision of the Terms or intend to breach any provision;
b. Phatt is required to do so by law;
c. The provision of the Services to you, in the opinion of Phatt, is no longer commercially viable.
d. Subject to local applicable laws, Phatt reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Portals or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Phatt’s name or reputation or violates the rights of those of another party.
8. Indemnity
By using the Portals and agreeing to the Phatt Policies, you agree to indemnify and hold harmless Phatt and its officers, directors, shareholders, employees, agents against all liability, loss, actions, proceedings, costs (including legal costs), expenses, claims, penalties, fines, and damages arising from:
• any breach of Phatt Policies by you; and
• your use of the Portals and associated services