Last Updated: 27/04/2023

Welcome to Avalon Health and Fitness (www.avalonhealthandfitness.com). Please read these Terms of Use carefully before using this Site. By accessing or using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

Acceptance of Terms

By using this Site, you signify your acceptance of these Terms of Use. Your continued use of the Site following the posting of changes to these Terms of Use will be deemed your acceptance of those changes.

Content and Information

The content and information on this Site, including but not limited to articles, images, videos, and comments, are provided for informational purposes only. The information on the Site should not be considered professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

User-Generated Content

Users may have the opportunity to submit content to the Site, such as comments, blog posts, or other forms of communication. You are solely responsible for any content you submit, and you agree not to post content that is unlawful, harmful, abusive, or otherwise objectionable. By submitting content to the Site, you grant Avalon Health and Fitness a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

Copyright and Intellectual Property

All content on this Site, including but not limited to text, images, logos, and designs, is the property of Avalon Health and Fitness or its content suppliers and is protected by international copyright laws. Unauthorized use of this content is prohibited.

Limitation of Liability

In no event shall Avalon Health and Fitness, its owners, employees, or affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your access to, use of, or inability to use the Site, any information provided by the Site, or any transaction entered into through the Site.

Indemnification

You agree to indemnify, defend, and hold harmless Avalon Health and Fitness, its owners, employees, and affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach of these Terms of Use.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Western Australia, Australia. You agree that any legal action or proceeding between you and Avalon Health and Fitness shall be brought exclusively in a court of competent jurisdiction located in Western Australia, Australia.

Changes to Terms of Use

Avalon Health and Fitness reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of the Site following any such change constitutes your agreement to be bound by the modified Terms of Use. For this reason, we encourage you to review these Terms of Use whenever you use the Site.

Contact Information

If you have any questions or concerns about these Terms of Use or the content on this Site, please contact us at contact@avalonhealthandfitness.com.

Disclaimer

The information and content provided on this Site are for general informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Avalon Health and Fitness does not guarantee the accuracy, completeness, or timeliness of the information provided on the Site. Reliance on any information appearing on the Site is solely at your own risk.

Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by Avalon Health and Fitness. Avalon Health and Fitness has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Avalon Health and Fitness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

User Conduct

By using the Site, you agree not to:

Engage in any activity that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, or otherwise objectionable.

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

Upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.

Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.

Termination

Avalon Health and Fitness reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Severability

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be enforceable to the fullest extent permitted by law.

Entire Agreement

These Terms of Use, together with any other legal notices and agreements published by Avalon Health and Fitness on the Site, constitute the entire agreement between you and Avalon Health and Fitness concerning the Site and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Avalon Health and Fitness with respect to the Site.

Privacy Policy

By using the Site, you agree to the collection and use of your personal information as described in our Privacy Policy, which is incorporated by reference into these Terms of Use. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

No Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Avalon Health and Fitness ‘s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Age Restriction

By using the Site, you represent and warrant that you are at least 18 years of age, or if you are under 18 years of age, you have the consent of a parent or legal guardian to use the Site. Avalon Health and Fitness does not knowingly collect personal information from users under the age of 13. If we learn that we have collected personal information from a child under the age of 13 without parental consent, we will take steps to remove that information from our systems.

DMCA Notice

Avalon Health and Fitness respects the intellectual property rights of others and expects its users to do the same. If you believe that your copyrighted work has been copied or posted on the Site in a way that constitutes copyright infringement, please contact us at contact@avalonhealthandfitness.com and provide the following information:

A description of the copyrighted work that you claim has been infringed;

A description of the location on the Site where the material you claim is infringing is located;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Questions and Contact Information

If you have any questions regarding these Terms of Use or wish to report any violation of these Terms of Use, please contact us at contact@avalonhealthandfitness.com. We will attempt to address any concerns or inquiries you may have as soon as reasonably practicable.

Force Majeure

Neither Avalon Health and Fitness nor its affiliates shall be held responsible for any delay or failure in performance of any part of these Terms of Use to the extent that such delay or failure is caused by events or circumstances beyond their reasonable control, including but not limited to, acts of God, war, terrorism, civil disturbances, labour disputes, equipment failures, or natural disasters.

Assignment

You may not assign or transfer these Terms of Use or any rights or obligations hereunder without the prior written consent of Avalon Health and Fitness. Avalon Health and Fitness may assign or transfer these Terms of Use, in whole or in part, at any time without notice to you.

Headings

The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

Language

These Terms of Use have been written in the English language, and any translation of these Terms of Use into any other language shall not be considered official or authoritative. In the event of any inconsistency between the English language version and any translated version, the English language version shall prevail.

Feedback and Suggestions

We welcome and encourage your feedback and suggestions about our Site and its content. By submitting feedback or suggestions, you grant Avalon Health and Fitness a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such feedback and suggestions throughout the world in any media.

Disclaimer of Warranties

You expressly understand and agree that your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. Avalon Health and Fitness expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Modification of Site

Avalon Health and Fitness reserves the right to modify or discontinue the Site (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that Avalon Health and Fitness shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Site.

By using this Site, you acknowledge that you have read and understand these Terms of Use and agree to be bound by them. If you do not agree with any of these terms, please do not use the Site.