Terms & Conditions

Introduction

This website ('Site') is owned and operated by Big Huey Pty Ltd , ABN: 92 006 322 121 ('Big Huey Pty Ltd, we, our, us'). Access to the contents of this Site is conditional upon your acceptance of and compliance with these Terms and Conditions which should be read together with the Privacy Policy that appears on this Site.

Your use of the Site shall be deemed to mean that you have read and agree with these Terms and Conditions and the Privacy Policy.

All persons under the age of 18 years must obtain the consent of their parent or legal guardian before using the Site.

Intellectual Property

This Site and all its constituent contents including its text, information, design, graphics including graphical user interface , software and all material appearing on the Site ('Works') are the copyright of Big Huey Pty Ltd unless otherwise stated and in certain cases may be protected by trade mark law or patents . You may not use any of the Works in any way without first obtaining the prior written permission of Big Huey Pty Ltd. Breach of these provisions will render you liable to penalties and to civil proceedings by Big Huey Pty Ltd against you or your agent(s).

Licence to users of Site

Big Huey Pty Ltd grants you a non-exclusive revocable able licence to access the Works solely for your private personal use which may not be for commercial gain.

You must first obtain the prior written permission of Big Huey Pty Ltd to reproduce, broadcast, communicate, adapt or modify the whole or any part of the Works. Under no circumstances can you delete, edit or otherwise change any credits, trade marks or other legal notices included in the Works.

Big Huey Pty Ltd grants all Internet service providers the non-exclusive right to supply the Works in this Site to their subscribers subject to compliance with these Terms & Conditions and the Privacy Policy.

Big Huey Pty Ltd ownership of submitted material

You assign all right, title and interest in all material communicated by you to this Site in whatever format (including without limitation whether the material consists of text, graphics or music) ('Material') to Big Huey Pty Ltd, its assigns and licensees to use for all purposes in any manner in all media throughout the world in perpetuity.

Your submission of Material to the Site shall be deemed a valid and binding signature of the assignment to Big Huey Pty Ltd in electronic form as permitted under relevant legislation.

Warranties

You warrant to Big Huey Pty Ltd that:

  • the Material is original and does not contravene any law, statute or contempt of court or provide any person with a right of action in copyright infringement, passing-off, defamation, privacy, publicity or confidence;

  • the Material does not contain any encumbrances and you have the full legal right to assign all rights in the Material to Big Huey Pty Ltd absolutely or have obtained all necessary consents or releases from third parties for all and any use of the Material by Big Huey Pty Ltd in perpetuity without need for payment by Big Huey Pty Ltd to you or such third parties. You agree to provide any written evidence of this right to Big Huey Pty Ltd if requested;

  • you have obtained written permission and releases for the use of any person's name, likeness and biography for any use by Big Huey Pty Ltd of the Material; and

  • you agree to enter into any written documents if required by Big Huey Pty Ltd to formalise your assignment of all rights in the Material to Big Huey Pty Ltd.

Indemnity

You agree to indemnify Big Huey Pty Ltd and hold Big Huey Pty Ltd indemnified from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of your use of the Site or any breach of these Terms and Conditions by you.

Big Huey Pty Ltd is not qualified to provide any medical advice and does not purport to offer such advice as part of the Health Information. You accept that all Health Information is of a generic nature and does not take into account the actual health requirements or medical status of any particular individual needed to provide an individual diagnosis for the treatment of any health or medical condition. You accept that you must in all cases without exception obtain an individual diagnosis for all health or medical conditions from a qualified medical practitioner and never solely rely upon any Health Information. Big Huey Pty Ltd, its related bodies corporate and all their directors, employees and/or agents expressly disclaim all responsibility for, and liability in respect of, the accuracy of the Health Information in any particular circumstances, including without limitation any persons use of the Health Information without obtaining a proper medical examination and advice from a qualified medical practitioner. All opinions expressed by any health professional on the Site are those of the relevant health professional and not Big Huey Pty Ltd. Any user that offers advice on health issues to any other user by means of the Communication Channels shall be solely and directly liable for any such advice and Big Huey Pty Ltd shall not be responsible for its accuracy and by acceptance of these Terms & Conditions you hereby agree to indemnify Big Huey Pty Ltd against all claims for any illness or injury arising from using the information provided on this site.

Disclaimer

Big Huey Pty Ltd provides no guarantee that the information on this Site is accurate or that this Site is free from defects, including but not limited to computer viruses and you agree that by using this Site, you accept all risk and any associated costs incurred.

Unless otherwise permitted by law, Big Huey Pty Ltd, its related bodies corporate and all their directors, employees and/or agents will not be liable for any loss, claims, damages or expenses (including legal expenses) arising out of or in connection with any use of this Site including but not limited to indirect, incidental, special and all consequential damages or loss of profits or opportunity to any person even if such loss or damages were reasonably foreseeable. If this provision is unenforceable in whole or in part in any jurisdiction due to relevant laws in that jurisdiction then in no event will the liability of Big Huey Pty Ltd to you for any damages, losses, claims or otherwise exceed the amount paid by you, if any, for accessing this Site.

Unless otherwise permitted by law, Big Huey Pty Ltd's liability (if any) for any breach of a condition or warranty implied by any relevant state or federal law in Australia which cannot be excluded is limited to any of the following as solely determined by Big Huey Pty Ltd:

in the case of goods, the replacement of the goods, repair of the goods, supply of equivalent goods, payment of the costs of repairing the goods, or of arranging equivalent goods; or in the case of services, supply of the services again or payment of the costs of having the services supplied again.

General

This licence constitutes the entire agreement between Big Huey Pty Ltd and you regarding your use of the Site and your grant of all rights in any Works submitted to Big Huey Pty Ltd. No waiver of any breach of these Terms and Conditions shall be deemed a waiver of any other breach of the same or any other term.

If any provision of these Terms and Conditions is held to be unlawful, invalid, unenforceable or in conflict with any law or ordinance in Australia any such provision will to the necessary extent be severed from this Agreement, as applicable, and the remaining provisions will not be affected. Your indemnity and assignment of all rights in the any Works submitted to Big Huey Pty Ltd will survive termination of these Terms and Conditions. These Terms and Conditions are governed by the laws of Victoria Australia and any dispute shall be subject to the non-exclusive jurisdiction of the Courts of Victoria and its appellate courts.

© Big Huey Pty Ltd. All rights reserved.