Terms and Conditions

The Website (HestonRussell.com) is owned and operated by High Performance People PTY LTD ACN 651 519 327 of Suite 3217, 32 Ross Street, Newstead, QLD 4006. To contact, please email hello@hestonrussell.com.

These terms and conditions apply to all users of our Website.  Our Privacy Policy sets out how we handle your personal information.

These terms and conditions are made up of two parts:

  • Part A – general terms that apply to all users of the Website, even if just browsing; and
  • Part B – additional terms that apply to the additional features available to members of the Website.

Part A – Basics for browsing this Website

Introduction

In these terms and conditions, the expressions HestonRussell.com, we, us and our are a reference to High Performance People PTY LTD.

If you use this Website, you are agreeing to be bound by these terms and conditions and any other applicable laws or regulations around the world which apply to this Website and your use of it.  If you do not accept these terms and conditions, you are not permitted to use this Website.

We reserve the right to amend these terms and conditions from time to time.  We will try to give you reasonable advance notice of any changes, but in any case, amendments will be effective immediately upon notification on this Website.  If you do not agree to any change to the terms, you may stop using the Website.  Your continued use of this Website following such notification will represent an agreement by you to be bound by the amended terms and conditions.

Intellectual property rights statement

All intellectual property rights in this Website, including design, text, graphics, logos, icons, sound recordings and all software relating to this Website belong to or are licensed by us.  These intellectual property rights are protected by Australian and international laws.

When you access the Website, you are granted a limited, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Website in the form provided.

You are only permitted to access the Website through the proper use of the functionality of the Website.

This licence to use the intellectual property rights in the Website is subject to your strict compliance with these terms, and to any territorial restrictions that may apply from time to time.  Any attempt to otherwise access, copy, distribute or create derivative works from the Website content is expressly prohibited and is unlawful.

Except as set out in this section ‘Intellectual property rights statement’, you must not in any form or by any means adapt, modify, upload, reproduce (other than for the purpose of viewing the Website in your browser), store, modify, distribute, print, upload, display, perform, or publish post frame within another website, remove any credits, or create derivate works from any part of this Website, or commercialise any information obtained from any part of this Website without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that third party material.

Linked Websites

This Website may contain links to other websites, including through the use of social features.  The links are provided for convenience only and may not remain current or be maintained.  We are not responsible for the content or privacy practices associated with linked websites.

Secure data

We take data security seriously, and use industry-standard measures to protect data on our Website (including your data on the Website) from cyber security threats.  Unfortunately, despite these measures, no publicly-available platform, and no data transmission over the internet, can be guaranteed as totally secure.  We do not warrant and cannot absolutely promise the security of any information which you transmit to us, including any content you post on the Website.  Accordingly, any information that you transmit to this Website is transmitted at your own risk.  If you become aware of any problems with the security of the data or the Website, please contact us immediately, providing whatever detail you are able.

Things you need to be aware of

You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.

You must not use the Website to: engage in unlawful or fraudulent behaviour; to mislead or deceive any person or entity; to interfere with the use of the Website by other users; to introduce malicious code or to circumvent security measures on any website, network, or system; or in any other way we consider unacceptable.  You must not access or attempt to access parts of the Website you are not authorised to access.

Except as expressly set out in these Website terms, we do not warrant the accuracy, adequacy or completeness of the information on this Website, nor do we undertake to keep this Website updated.

Except as expressly set out in these Website terms or to the extent required by non-excludable law, we do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on this Website.

You must ensure your computer and telecommunications network is secure and must take your own precautions to ensure that the process that you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system or telecommunications network.

Limitation of liability

We are not liable for any loss or damage, however caused (including by our negligence) suffered by you in connection with these website terms of use or your use of this Website.

You have rights under the Australian Consumer Law which cannot be excluded by contract.  Nothing in these terms is intended to limit your rights under the Australian Consumer Law.

Indemnity for losses you cause us

You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Website, your breach of these Website terms (both Parts A and B), any information that you provide to us via this Website or any damage that you may cause to this Website.  This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).

Access to the website is not guaranteed

Access to this Website may be withdrawn at any time without notice.  These terms and conditions will survive any such withdrawal.

Governing law and jurisdiction

If a dispute arises regarding the Website or these terms of use, the laws of Queensland, Australia, will apply.  In relation to any such dispute, you submit to the exclusive jurisdiction of the courts of Queensland, Australia.

If you access this Website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

Additional legal terms

The rights and obligations of the parties under these terms do not merge on completion of any transaction contemplated by these terms.  Termination of these terms will not affect any accrued rights or remedies of the parties.

We may subcontract our obligations under these terms, and assign or novate our rights or obligations under these terms.

A clause or part of a clause of these terms that is illegal or unenforceable may be severed from these terms and the remaining clauses or parts of the clause of these terms continue in force.

These terms supersede all previous agreements about their subject matter.  These terms embody the entire agreement between the parties.

Part B – Members

These terms apply in addition to the terms in Part A, if you register as a user of the Membership features of the Website.

Membership

The Website allows for interactions between users.  We encourage these interactions, but of course you are required to conduct yourself in a lawful and respectful manner.

To interact with other users on the Website, you must become a member.  To become a member, you must complete your registration details in the manner described on the Website.  Membership is free but not transferable.

We reserve the right to terminate your membership if you breach these terms and do not remedy the breach within a reasonable time notified by us (this time will vary depending on the nature of the issue in any particular case).

You must be 18 years of age or over to be a member of the Website.

Member’s obligations

By registering as a member of our Website, you agree to abide by the terms set out below.

  • You may choose to disclose your personal information to other individuals when participating in online forums and physical or online events.  While we request that all individuals respect the privacy of others and not disclose information received during those activities, individuals who are not our workers are not bound to comply with our privacy policy.  You should not share any personal information online if you are not comfortable with it being made public.
  • You are responsible for protecting the confidentiality of your member details and password.  You are responsible for all activity that occurs using your member profile.
  • You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences.
  • You acknowledge that you use the information provided by other members at your own risk.
  • You must not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, misleading, deceptive, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable (determined at our sole discretion).
  • You must not to act in a manner which negatively affects other members.
  • You must not to impersonate any other person.
  • You must not to post or transmit any unsolicited advertising or promotional materials.
  • You acknowledge that any material which you post may be removed by us from the Website without notice at any time.
  • You must not post or transmit any material which will infringe the intellectual property rights of another person.
  • You must not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

Our role

  1. We are not responsible for any user-generated content posted on, or available through, the Website.  We are entitled to monitor and moderate any user-generated content, however we are not required to do so at all, or at any particular frequency or in any particular manner.  We will not enter into discussion about the basis of any moderation decisions, which we make on a final basis in our sole discretion.
  2. We do not warrant that we will respond to questions or comments submitted by you to our Websites.
  3. If you download any material from the Website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material.
  4. We do not warrant that any material you submit to the Website will be protected against loss, misuse, or alteration by third parties.
  5. You indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms either by you or by any person using your password or ID, whether or not you have authorised that person to use your password or ID.

Membership features

We may alter the functionality of the Membership features at any time without consultation with you.  If any alteration results in a material change to the Membership features which is detrimental to your use of the Website or the Membership features in accordance with these terms, you may choose to cease the Website or the Membership features.