Terms of Use

1. Acceptance of Terms

By accessing or using eyestar.com.au (the "Website"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the Website.

The Website is operated by Eyestar Consulting Pty Ltd (ABN 50 696 487 082) and Eyestar Resilience Pty Ltd (ABN 87 696 706 742) (together, "Eyestar", "we", "us", "our"). These Terms are governed by the laws of Western Australia, Australia.

We may update these Terms at any time. The current version will always be available at eyestar.com.au/terms. Continued use of the Website after any changes constitutes your acceptance of the updated Terms.

2. Use of the Website

2.1 Permitted use

You may use the Website for lawful purposes only and in accordance with these Terms. You agree to use the Website only in a manner that complies with all applicable laws and regulations in Australia and in your jurisdiction.

2.2 Prohibited conduct

You must not:

• Use the Website in any way that breaches any applicable law or regulation, or that is fraudulent or has any unlawful or fraudulent purpose or effect.
• Transmit any unsolicited or unauthorised advertising or promotional material (spam).
• Attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Introduce any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
• Reproduce, duplicate, copy, sell, resell or exploit any part of the Website without our express written consent.
• Use automated tools (bots, scrapers, crawlers) to access or extract data from the Website without our prior written consent.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Website.

3. Intellectual Property

All content on this Website, including but not limited to text, images, logos, graphics, design, software, data compilations and underlying code, is owned by or licensed to Eyestar and is protected by Australian and international copyright, trademark and other intellectual property laws.

You may view, download and print content from the Website for your own personal, non-commercial use only, provided you do not modify the content and you retain all copyright and other proprietary notices.

You must not reproduce, distribute, publish, transmit, adapt, create derivative works from, or otherwise exploit any content from the Website for commercial purposes without our prior written permission.

Nothing in these Terms grants you any licence or right to use any trademark, logo or service mark displayed on the Website without our prior written consent or the consent of the relevant third-party owner.

4. Accuracy of Information

We endeavour to ensure that the information on the Website is accurate and up-to-date, but we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the information, products, services or related graphics contained on the Website.

Information on this Website is general in nature and does not constitute professional, legal, financial, medical or other advice. You should seek independent professional advice before acting on any information on this Website.

Program details, accreditations, delivery formats and pricing are subject to change. Please contact us to confirm current details before making any decisions based on information on this Website.

5. Disclaimer of Warranties

To the maximum extent permitted by law, the Website and its content are provided on an "as is" and "as available" basis without any warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

• The Website will be uninterrupted, timely, secure or error-free.
• The results that may be obtained from the use of the Website will be accurate or reliable.
• The quality of any information, products, services or other material obtained through the Website will meet your expectations.
• Any errors in the Website will be corrected.

6. Limitation of Liability

To the maximum extent permitted by law, Eyestar, its directors, officers, employees, contractors and agents exclude all liability for any loss or damage of any kind (including direct, indirect, special, incidental, consequential, economic or punitive loss or damage, loss of profits, loss of data, loss of goodwill, or business interruption) arising from or in connection with:

• Your use of, or inability to use, the Website or its content.
• Any reliance you place on information obtained from the Website.
• Any unauthorised access to or alteration of your transmissions or data.
• Any conduct or content of any third party on the Website.

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Competition and Consumer Act 2010 (Cth) or any other legislation that cannot lawfully be excluded or limited, including the Australian Consumer Law. Where such legislation applies, our liability is limited to the extent permitted by that legislation.

7. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

8. Third-Party Links and Content

The Website may contain links to third-party websites, resources or services. These links are provided for your convenience and information only. Eyestar does not endorse, control, monitor or take responsibility for the content, privacy practices or availability of any linked website or resource.

Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites. We encourage you to review the privacy policies and terms of use of any third-party websites you visit.

9. Accreditation and Certification Notices

References to accreditations, certifications and partnerships on this Website (including MHFA Australia, Driven, Suicide Prevention Australia, ACA, ICF, Veteran Employment Commitment and British Veteran Owned Business) are accurate at the time of publication. Accreditation status is subject to ongoing compliance requirements and may change. Please contact us to confirm current accreditation status.

ALGEE® is a registered trademark of Mental Health First Aid Australia. PR6® and related marks are trademarks of Driven Pty Ltd. All third-party trademarks are the property of their respective owners.

10. Privacy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy.

11. Indemnity

You agree to indemnify, defend and hold harmless Eyestar and its directors, officers, employees, contractors and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with your use of the Website, your breach of these Terms, or your violation of any law or the rights of any third party.

12. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Western Australia, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia for the resolution of any dispute arising out of or in connection with these Terms or your use of the Website.

13. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.

14. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. A waiver of any breach of these Terms will not constitute a waiver of any subsequent breach.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between you and Eyestar in relation to your use of the Website and supersede all prior agreements, representations and understandings.

16. Contact Us

If you have any questions about these Terms, please contact us:

Eyestar Consulting Pty Ltd
Office 21 — L1 / 135 High Street, Fremantle WA 6160
[email protected]