Terms & Conditions
Personal Information and Sensitive Information
Personal information is defined in the Privacy Act as:
Information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not,
Sensitive information includes things such as race, sexual orientation, political opinions, members of a trade association or trade union, criminal record or health information (Sensitive Information).
Information we collect from you
When you sign up to become an Esja member via our website, which is located at www.esjawoman.com.au (the Website), we will usually only ask for the following information:
• birth date;
• residential or professional address;
• telephone number;
• email address;
• professional profile information; and
• details relating to employment or professional positions held.
We may ask you to nominate a User Name, a Display Name and a Password. We will not collect Personal Information unless the information is reasonably necessary to establish an account for you and provide our services to you.
From time to time, we may ask you to supply additional Personal Information for specific purposes. In such cases, we will clearly explain why we request that information and unless we are required or authorised by law to request that information from you, providing such information to us is optional. Under no circumstances will we request any information from you that may disclose your:
- political, religious or philosophical beliefs or affiliations;
- health and sexuality;
- racial or ethnic origin; or
- criminal convictions.
We may conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you. Participation in such activities is optional. We generally will only collect Personal Information about you if you voluntarily submit it to us by:
- providing your information by form, telephone or facsimile;
- creating an account with us;
- sending us an email;
- sending us information via the ‘Contact Us’ page on our Website; and/or
- sending us Personal Information when using any part of our Website.
We may from time to time run competitions or offer additional benefits to you and we may ask you to provide us with your Personal Information for these purposes. Providing us with this information is optional to you. However, if you do not provide your Personal Information to us we may not be able to contact you or give you access to the additional benefits.
You may opt out of these additional communications at any time and can do so by emailing us at firstname.lastname@example.org
We will not collect Personal Information about you from third parties unless:
- you consent to the collection of the information from someone else; or
- it is unreasonable or impracticable to collect the information from you.
If we collect Personal Information from a third party, we will inform you that Personal Information has been collected and the circumstances of such collection.
Personal information via the Website
Most commercial websites use ‘cookies’, which are pieces of information that websites send to the browser and are stored in the computer hard-drive.
Cookies make using the Website easier by storing information about matters such as your preferences on the Website. This allows the Website to be tailored to you for any of your return visits. Cookies will not be used to identify you personally.
If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of the Website.
We collect certain information from you using cookies such as:
- your browser type;
- your location;
- your IP address;
- information about when and how you use our website;
- information about your past internet usage, such as websites you visit before coming to our Website.
Your option not to provide your Personal Information
You have the option to interact anonymously or using a pseudonym with our Website. However, if you choose to remain anonymous or use a pseudonym, your experience with our Website may be diminished and we may not be able to offer you our full range of services.
Unsolicited Personal Information
Where we receive unsolicited Personal Information about you, we will check whether that information is reasonably necessary for our functions or activities. If it is, we will handle this information the same way we do with other information we seek from you. If not, we will destroy or de-identify it.
Children and minor’s privacy
We also ensure that our Website and marketing is not aimed at and does not target children under 13 years of age and will not intentionally collect data from them. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com
Use and disclosure of your Personal Information
We are the data controller of the Personal Information we collect from you. We take appropriate measures to ensure that all processing of your Personal Information by us, or by our service providers, is lawful. The lawful basis for the processing of your Personal Information will depend on the purposes for which we process your information. Much of the personal information we collect from you is necessary for us to provide our products and services to you. This includes most of the information you provide to us when setting up a membership account. Some of the processing we conduct is necessary in pursuit of our legitimate interests in developing our Website and services and ensuring that they deliver relevant and focused content to you.
Your Personal Information, including your email address, will be used, either on its own or as part of aggregated data, for the following primary purpose:
- providing you with news and information about our services and functions;
- purposes necessary or incidental to the provision of our services and functions;
- to ensure the proper functioning of our Website including customising and improving your online experience with us;
- to ensure the proper functioning of the Esja business;
- personalising your experience with our products and services, for example through connectivity with social media services;
- to assist Esja with our marketing, planning, product development and research requirements; and
- sending you marketing and promotional material that we believe you may be interested in and otherwise communicating with you about our products and services.
We will not use or disclose (or permit the use or disclosure of) Personal Information that could be used to identify an individual member in any circumstances except:
- to ensure the proper functioning of our business and the Website;
- to communicate promotional offers and special events to you;
- where applicable law requires, or authorises, us or a company holding data on our behalf to do so; or
- where you have given express consent to us for a prescribed purpose.
Only with your express consent will we use or disclose Personal Information (including Sensitive Information) about you for the purposes of direct marketing.
We may disclose your Personal Information to the following third parties for the above purposes:
- services providers engaged to provide services to us; and
- third parties who we consider may offer goods and services you are interested in
- we may disclose your Personal Information to our related entities, including our international related entities.
You can ask us not to do this at any time by contacting us at firstname.lastname@example.org
If we are compelled by law to disclose your Personal Information to a third party, we will take reasonable steps to notify you of this in advance, wherever it is lawful and reasonable for us to do so. We will not sell your Personal Information.
Public Personal Information
Any Personal Information you choose to make publicly available on our Website, for example, by posting comments on any of our pages, will be available to others. If you remove information that you have made public on our Website, other users may have already saved or downloaded that information, and copies may remain viewable in cached and archived pages of our Website.
Security of Personal Information
In our business, Personal Information may be stored both electronically and in hardcopy form. We are committed to keeping your Personal Information secure regardless of the format in which we hold it and we take all reasonable steps to protect your information from misuse, interference, loss, and unauthorised access, modification or disclosure. However, your use of the Website is at your own risk and we accept no responsibility, whether we are deemed to have been negligent or not, in the event of a breach of your privacy. In the event that Personal Information is compromised as a breach of security, we will promptly notify those affected in compliance with applicable law.
Note that no information transmitted over the internet can be guaranteed to be completely secure. However, we will endeavour to protect your Personal Information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.
The protective steps we take from misuse, interference, loss, unauthorised access, modification and disclosure of your Personal Information include:
- confidentiality requirements of our employees
- document storage security policies;
- security measures for access to our systems; and
- only providing access to Personal Information to a person who is verified to be able to receive that information.
We use an outside platform, and a third party credit card processing company, to bill you if you purchase services, including but not limited to, the online purchase of an Esja membership. These companies do not retain, share, store or use personally identifiable information for any purposes other than billing.
Access to your Personal Information
In most cases, you have the right to access the Personal Information that we hold about you. If you wish to access your Personal Information or obtain more information about how we process it, please contact us at email@example.com. We will deal with all requests for access to Personal Information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given.
We may charge you a fee to recover the reasonable costs incurred by us in retrieving your information, but in no case will we charge you a fee for your application for access. In some cases, we will refuse to give you access to Personal Information we hold about you. This includes, but is not limited to, circumstances where giving you access would be unlawful; have an unreasonable impact on other people’s privacy; prejudice an investigation of unlawful activity; reveal our intentions in relation to negotiations with you so as to prejudice those negotiations; prejudice enforcement related activities conducted by, or on behalf of, an enforcement body; reveal evaluative information generated within the Esja organisation in connection with a commercially sensitive decision-making process.
We will also refuse access where the Personal Information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. Further, we will refuse access where your request is frivolous or vexatious, and where we reasonably believe that: giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; unlawful activity, or misconduct of a serious nature, is being or may be engaged in against Esja and giving access would be likely to prejudice the taking of appropriate action in relation to that matter.
If we refuse to give you access we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also take reasonable steps to give you access in a way that meets your needs without giving rise to the reasons of our refusal. Further, we will provide details of how you may make a complaint about our decision.
The right to move, copy, transfer or restrict use of your Personal Information
You have the right to ask us for a copy of your Personal Information; to correct, delete or restrict (stop any active) processing of your Personal Information; and to obtain the Personal Information you have provided to us in a structured, machine readable format, and to ask us to share (port) this data to another controller. If you would like to do any of these things, please contact us at firstname.lastname@example.org. We will deal with these requests in the same manner as described above regarding access to your Personal Information.
The right to correction and removal of your Personal Information
The accuracy of the Personal Information we have requested from you is important to us. We will take all such steps as are reasonable in the circumstances to ensure that all information requested from you is kept accurate, up to date and complete. However, we cannot undertake to ensure that such data, even where it includes Personal Information, is kept accurate, up to date and complete. Should you suspect, or become aware of, that Personal Information we hold about you is inaccurate, out of date, incomplete or misleading, or if you would like your information deleted entirely, please contact us at email@example.com
We will deal with all requests for correction and removal of Personal Information as quickly as possible. Requests relating to a large amount of information, or information which is not currently in use, may require further time before a response can be given. If we refuse to change or delete the Personal Information as you request, we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also provide details of how you may make a complaint about our decision. Further, in case of our refusal, you may request that we take reasonable steps to associate, with the relevant information, a statement that you view it as inaccurate, out of date, incomplete or misleading.
Where we have corrected or deleted Personal Information about you, you may request that we take reasonable steps to give notice of the correction to any third party to which we have disclosed the inaccurate, out of date, incomplete or misleading Personal Information.
Retention of your personal information
If you have a membership with Esja, or are signed up to receive our communications, we will retain your Personal Information for as long as your account is active, or as needed to provide you with our services. We will also retain and use your Personal Information for as long as someone could bring a claim against us, and as necessary to comply with all other legal obligations and regulatory requirements, to resolve disputes and to enforce our agreements.
Cross-border disclosure of personal information
To provide you with the best service possible, we may use ‘cloud’ based technology services to hold your data, including your Personal Information. As a consequence, your data, including your Personal Information (and if you have provided such information, your sensitive Personal Information) may be held in the data centres used by a provider of such ‘cloud’ based technology services. It is important to note that, by becoming an Esja member or by using the Website, you consent to your data, including your Personal Information (and where applicable, your sensitive personal information) being transferred to data centres located outside of Australia. Your decision to become an Esja member or to use the Website also signals your consent to this technical arrangement under which Esja does not exercise any direct control over the management of your data in those data centres.
Disposal of personal information no longer required
If we hold personal information about you, and we no longer need that information for any purpose for which the information may be used or disclosed, we will take reasonable steps to destroy or de-identify that information unless we are prevented from doing so by law.
Unsubscribing from our email database
To unsubscribe from our email database, please do so via any link or function contained in an email, via the Website or send an e-mail to firstname.lastname@example.org with “UNSUBSCRIBE” typed into the subject line of the email. Note that, while you maintain an Esja membership, you are unable to unsubscribe from certain types of e-mails, such as important updates (including information about your account, security concerns and technical issues). Please de-activate your membership if you would like to unsubscribe from that correspondence.
Links to other websites
For further information about privacy in general, please refer to the Office of the Australian Information Commissioner’s website: http://www.oaic.gov.au.
About Our Website
Our Website is a website owned by Esja. Our Website gives users the ability to consume wellness content, post comments and other user generated content, and to purchase access to a variety of online, streaming and downloadable content on a subscription or other basis, including Our courses (collectively, the “Online Courses”) subject to these Site Terms. You agree that all transactions will be performed electronically and that the terms of the purchase of access to and use of any Online Course will be governed by Esja’s Term of Sale. We may, in our sole discretion, change or discontinue any or all aspects of Our Website at any time, without notice, and without liability to you.
About The Site Terms
The Site Terms have the same effect as an agreement in writing and govern your use of Our Website. If you do not agree to the Site Terms, please do not use Our Website. We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using Our Website before the changes take effect. Your continued use of Our Website after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into Our Website, you reaffirm your acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms. The Site Terms are supplemented by additional terms and conditions applicable to privacy,and may be supplemented by additional terms and conditions applicable to specific areas of Our Website, or to particular content or transactions are posted in particular areas of Our Website and, together with these Site Terms, govern your use of those areas, content, or transactions.
Our Website (and all content on Our Website) and Our Online Courses include information and instruction relating to wellness topics, such as diet, yoga, exercise and fitness, relationships and personal growth and some of the products and services referred to on or available through Our Website and Online Courses relate to such topics (such products and services, together with Our Website and Our Online Courses, collectively, “Our Wellness Content”). You acknowledge and agree that the following warnings and disclaimers shall apply to all of Our Wellness Content.
Before participating in any diet or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through Our Website and/or Our Online Courses, We strongly recommend that you consult with a physician or other healthcare provider. Esja and its staff are not licensed medical care providers, therapists, psychiatrists, psychologists, relationship counselors, life coaches, first responders or any other kind of professional care provider (“Professional Care Provider”) and have no expertise in advising on, diagnosing, examining, or treating medical, psychological, emotional, relationship or personal growth conditions of any kind (“Conditions”), or in determining the effect of any specific action, activity, routine or program (e.g., exercise or diet) on a medical condition or any other Condition.
While some of Esja’s content providers may be Professional Care Providers, Esja’s, its staff and its content providers are not rendering professional advice of any kind to you personally, including without limitation, medical, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching (“Professional Advice”), but are merely providing general education and information to you about wellness topics. You acknowledge and agree that when participating in any diet, exercise, yoga or exercise program or other activity or program described in Our Wellness Content, and/or when using any diet or fitness products or products or services described or provided in or through Our Wellness Content, there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.
Our Wellness Content is not meant to be a substitute for Professional Advice from Your Professional Care Provider and we make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in Our Wellness Content. You are advised that health advice and other Professional Advice is often subject to updating and refining due to medical and other research and developments.
We are committed to bringing you the most up to date information, however, we make no guarantee that the information herein is the most recent on any particular subject. You are encouraged to consult with your health care provider or other Professional Care Provider with any questions or concerns you may have regarding any health condition or any other Condition that you may have before starting any yoga, Pilates or other exercise program, making changes to your diet or engaging in any other activity or program described in Our Wellness Content.
You should never disregard medical or other Professional Advice or delay seeking it because of a statement you have read and/or heard in Our Wellness Content. Our Wellness Content should not be used in lieu of Professional Advice given by qualified medical professionals such as your doctor or registered dietitian or other Professional Care Provider. It is important that Our Wellness Content is used only in conjunction with qualified medical guidance and guidance provided by other applicable Professional Care Providers. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical, psychological, emotional or medical condition, it is imperative that you seek the advice of your doctor or other Professional Care Provider prior to using Our Wellness Content. If you experience any discomfort or pain during an activity in Our Wellness Content, such as a diet or exercise routine, you must immediately cease the activity and seek the assistance of a physician or other applicable Professional Care Provider.
Terms and Conditions
- We May Discontinue or Suspend Our Website or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Our Website (or any part thereof) with or without notice. You agree that We shall not be liable to you or any third party for any such modification, suspension or discontinuance of Our Website or if for any reason all or any part of Our Website is unavailable at any time or for any period. In addition, we reserve the right to terminate your access to Our Website for any reason, and to take any other actions that We, in Our sole discretion, believes to be in the interest of Our company and of Our users as a whole with respect to access and use of Our Website.
You may use Our Website only for lawful purposes and in accordance with these Site Terms. You agree not to use Our Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Australia or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards specified in Section 3(d) below and any other content standards We may specify from time to time on Our Website.
- To transmit, or procure the sending of, any advertising or promotional material without Our prior written consent, or any “junk mail”, “chain letter” or “spam.”
- To impersonate or attempt to impersonate Us, any of Our employees or other service providers, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Our Website, or which, as determined by us, may harm the Us or users of Our Website or expose them to liability.
Additionally, you agree not to:
- Use Our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site, including their ability to engage in real time activities through Our Website.
- Use any robot, spider or other automatic device, process or means to access Our Website for any purpose, including monitoring or copying any of the material on Our Website.
- Use any manual process to monitor or copy any of the material on Our Website or for any other unauthorized purpose without Our prior written consent.
- Use any device, software or routine that interferes with the proper working of Our Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Our Website, the server on which Our Website is stored, or any server, computer or database connected to Our Website.
- Attack Our Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of Our Website.
- We Have All Rights In Our Website and Content; You Grant Us Certain Rights When You Submit Content to Us:
(a) Our Website (including all text, photographs, graphics, video and audio content contained on Our Website) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of Our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising Our Website are also copyrighted works, and we (subject to the rights of Our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on Our Website. These Site Terms permit you to use Our Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on Our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of Our Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If We provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by Our end user license agreement for such applications.
- If We provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from Our Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from Our Website.
- Your Use of Our Content is Restricted:
You must not access or use for any commercial purposes any part of Our Website or any services or materials available through Our Website. Unless expressly stated on Our Website or permitted by Us in writing, you may make no other use of the content available on Our Website. If you wish to make any use of material on Our Website other than that set out in this section, please address your request to: email@example.com
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Our Website in breach of these Site Terms, your right to use Our Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made. No right, title or interest in or to Our Website or any content on Our Website is transferred to you, and all rights not expressly granted are reserved by Us. Any use of Our Website not expressly permitted by these Site Terms is a breach of these Site Terms and may violate copyright, trademark and other laws.
Our name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Esja or its affiliates or licensors. You must not use such marks without Our prior written permission. All other names, logos, product and service names, designs and slogans on Our Website are the trademarks of their respective owners.
(b) By posting or submitting content on or to Our Website (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are granting us, and Our affiliates, agents and third party contractors a perpetual, worldwide, irrevocable, royalty free, nonexclusive and sublicensible right and license to display, broadcast or publish such content on Our Website, related sites and social media and in any affiliated publications, whether online, in print or via other media or technologies (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content in any lawful manner and for any lawful purpose, including commercial, promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by Our Website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or Our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
(c) You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Site Terms and applicable law, and (d) your use of Our Website and any transactions that you make with us will not violate the rights of any third party. In addition, you agree that you shall be solely responsible for your own submissions and the consequences of posting or publishing them. This includes, for example, any personal information, such as your home address, the home address of others, or your current location.
WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR WEBSITE.
You may not post content intended to provide professional advice, including the provision of medical advice, or advertising of any kind. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Site Terms; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Site Terms. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You acknowledge and agree that when you submit content in any form to Esja or Our Website we may authorize such content to be distributed or syndicated to or published on other Esja-branded environments or those of affiliated parties without payment or other consideration or attribution to you. We may remove content posted by you for any reason.
(d) The following content standards apply you posts or submissions of content on or to Our Website. All of such posts and submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, your posts and submissions on or to Our Website must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising other than with Our express prior written permission.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- You Have Rights if You Believe Your Copyright is Being Infringed: We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Our Website infringe your copyright, you may request removal of those materials (or access to them) from Our Website by submitting written notification to firstname.lastname@example.org.
- Your Use of Our Content is Restricted:
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of Our Website or any content thereon, except as permitted under the last sentence of this Section 5(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section5(a)), you may not distribute any part of Our Website or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on Our Website; accordingly, you may from time to time excerpt and use materials set forth on Our Website consistent with the principles of “fair use”.
(b) We are concerned about the integrity of Our Website when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of Our Website. Neither you nor any third party shall make use of the contents of Our Website in any manner that constitutes an infringement of Our rights, including copyright or that has not been authorized by Us.
- We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers or users who contribute content via any forum, response Q&A platform or otherwise on Our Website) are theirs alone, not opinions of Esja. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through Our Website and/or Online Courses, Esja is not undertaking any obligation or liability relating to the content. Esja and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor Our Website for inappropriate or unlawful content. Esja and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Esja reserves the right to block or remove communications, postings or materials at any time in Our sole discretion.
- You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Site Terms or Any Breach by You of Your Representations and Warranties: You agree to indemnify and hold harmless Esja and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Site Terms or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 7. In such event, you shall provide us with such cooperation as is reasonably requested by us.
- Your Use of Our Website is Subject to Certain Disclaimers: OUR WEBSITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR WEBSITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON OUR WEBSITE OR AVAILABLE THROUGH LINKS ON OUR WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR WEBSITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR WEBSITE AND ANY MATERIALS AVAILABLE THROUGH OUR WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK. OUR WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES. WE MAKE NO REPRESENTATIONS THAT OUR WEBSITE OR ONLINE COURSES WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF OUR WEBSITE AND/OR THE ONLINE COURSES.
- We are Not Responsible for Linked Sites: We are not responsible for the availability or content of other services that may be linked to from Our Website. Because We have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we 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 content, goods or services available on or through such services.
- We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
- Our Liability to You is Limited: Esja and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to Our Website or the Online Courses, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in Our Website or the Online Courses (including, without limitation, as a result of breach of any warranty or other term of these Site Terms). Any claim against us shall be limited to the amount you paid, if any, for use of Our Website or the applicable Online Course. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
- You Will Transact with Us Electronically. You agree to transact with us electronically. This means that if you wish to transact or communicate with Us, you agree to do so by electronic means. You authorize us to send you important notices about Our Website and any pending transactions to an email address you provide to us, if you have purchased access to an Online Course or otherwise provided your email address to Us or, in the alternative, by posting a notice on Our Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use Our Website.
- You Are Responsible for Your Own Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use Our Website and the Online Courses, including all devices, Internet browsers and Internet access. If you access Our Website, a Website application or an Online Course through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
- You May Not Share Your Username and Password. In the event you are provided with a user name and password to access any part of Our Website, including without limitation, the Online Courses to which you have purchased access, agree not share, give or sell your password or username to any other person or company. Excessive viewings or logins by you will be construed by Us as fraudulent use of services, which will result in the immediate cancellation of your access to the Online Course without refund. When purchasing access to an Online Course, you agree to take all actions possible to protect your username and password from fraudulent use. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, you have violated any provision of these Site Terms.
- We Do Not Target Children Under Age 13. Due to the nature of the Internet, we cannot prohibit minors from visiting Our Website, including without limitation, Our Online Courses. Our Website and Our Online Courses are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through Our Website or the Online Courses. If you believe that a child has provided information to us through Our Website or the Online Courses, please contact us by email at email@example.com. We will use Our best efforts to remove all of the information provided by the child from Our system.
- You Need to Bring any Action Against Us Within One Year. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Our Website, your use of Our Website, or your access to and use of the Online Courses or these Site Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- You Must Abide by Applicable International Laws. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Australia or the country in which you reside.
- Any Dispute Between Us Will be Governed byAustralian Law: These Site Terms shall be governed by the laws of the Australia and applicable to agreements made and to be performed therein without regard to conflict of laws principles.
BY CONTINUING TO USE OUR WEBSITE, YOU AGREE TO ABIDE BY THESE SITE TERMS . The caption to each Section of these Site Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
Last Updated: 4 July 2019
Terms & Conditions
These Membership Terms (Terms) govern the application for Esja membership. It is your responsibility to review these Terms prior to your application for a Membership. By applying for Membership you agree to be bound by these Terms. We reserve the right to amend these Terms at any time, and will provide the most recent version on our website.
Throughout these Terms, the terms “Esja”, “we”, “us” and “our” refer to Esja Pty Ltd and its associated entities, and “you” refers to the individual or business purchasing a Membership.
- Application for Membership
1.1. Our current Membership descriptions, entitlements and pricing will always be stated on our website located at http//:esja.com.au
1.2. All applications for Membership must be made by filling out the form on our Website. This will create a membership account for you.
1.3. All information you provide during the application process must be accurate and complete, and it is your responsibility to keep your details up to date.
1.4. We will only process completed applications, and reserve the right to reject an application for any reason.
1.5. It is your sole responsibility to maintain the confidentiality of any password you create for accessing your account.
1.6. We will send you a confirmation email on payment of the applicable Membership Fee. Your Membership is deemed accepted on the day you receive the email.
- Membership Fee
2.1. The Membership Fee may be paid by either:
2.1.1. A single upfront annual payment via credit card on our Website; or
2.1.2. An ongoing monthly direct debit, payable monthly in advance.
2.2. If you wish to pay your Membership Fee over the telephone, an administration fee will be charged.
2.3. We may increase the Membership Fee from time to time. If we do so, we will give you at least one month’s notice of the intended increase by email and by notice on our Website
2.4. Minimum commitment is 12 months from initial joining date. If paying monthly, once the first 12 months term has passed, your commitment is month by month. If paying annually, your fees are non refundable if you wish to cancel your membership early.
2.5. As a Member you have access to a range of member benefits which will change from time to time.
3.1. If you pay annually, your Membership will be automatically renewed each year, on the anniversary of the date you joined Esja (Anniversary) unless you wish to terminate your membership subscription. If you pay month by month, then after your first 12 month term has passed, your membership subscription will continue month by month until such time you wish to terminate.
3.2. The Membership Fee for the forthcoming year will be charged to the same credit card you used on joining, unless you specify otherwise.
3.3. If you wish to terminate your Membership, you must give us notice at least 5 days prior to the Anniversary. If we do not receive notification from you, your Membership shall be auto-renewed and the applicable Membership Fee payable.
4.1. The Membership Fee is not refundable.
4.2. Esja may offer a refund in special circumstances on a case-by-case basis. If you feel that you deserve a refund, you must contact us in writing outlining the circumstances to our firstname.lastname@example.org. We will then review your correspondence and advise our decision in writing.
5.2.1. Your identifying details being made accessible to other Members on our Website; and
5.2.2. Receiving commercial emails from us and our approved third party providers.
You may modify the level of information available on our Website and opt-out of emails by logging into your account settings and editing your preferences, or by notifying us directly.
6.1. Esja does not take any responsibility or liability whatsoever for disputes between Members.
6.2. There are sections of our Website that are accessible to logged in Members and website visitors. These sections may include message boards, forums, directory listings and the ability to direct message other Members. By being a Member you give authority for some or all of your profile data to be made public. When accessing those sections, you must not:
6.2.1. harass, abuse or harm other Members;
send spam or other unwelcomed communication to other Members
6.2.2. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
6.2.3. infringe the intellectual property rights of others, including those of Esja, Members or third parties.
6.3. Should you attend aa Esja Event, you must abide by our Event Terms which are available on our Website. Without limiting the Event Terms, you acknowledge that Esja films and photographs every event. You consent to being filmed or photographed by Esja (or its representatives) and to Esja using your name, likeness, image and/or voice in such photographs or films for the purpose of promoting our events, services and products. No remuneration is payable for such use.
6.4. We may revoke your Membership for any reason, including for breach of these Terms or for bringing Esja into disrepute.
- Limitation of Liability
7.1. To the extent permitted by law, we exclude all conditions and warranties relating to your Membership.
7.2. Where our liability cannot be excluded, such as in relation to Consumer Guarantees under the Australian Consumer Law or other prescribed terms under legislation, our liability for breach is limited to the Membership Fees paid by you..
8.1. These Terms shall in respects be governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises under these Terms.
8.2. If any provision of these Terms is deemed invalid or unenforceable, all or part of that provision will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms.
8.3. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.
8.4. These Terms constitute the entire agreement between Esja and you in relation to Membership.