Sit and Move Website Terms and Conditions
Welcome to the Sit and Move website. These Terms and Conditions govern your use of our website at www.sitandmove.com.au and the services and information provided therein. By accessing, viewing, or using any part of the Sit and Move website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you must not use our website.
You acknowledge and agree that these Terms constitute a legally binding agreement between you and Sit and Move (and its subsidiaries). Your continued use of the Sit and Move website indicates your conclusive acceptance of this agreement.
1. Provision of Services
Sit and Move reserves the right to modify, improve, or discontinue any of its services, content, or features at our sole discretion and without prior notice to you. This may include limiting or preventing access to certain information or services.
You acknowledge and agree that Sit and Move may provide services to you through its subsidiaries or affiliated entities.
2. Proprietary Rights and Intellectual Property
You acknowledge and agree that the Sit and Move website contains proprietary and confidential information, including trademarks, service marks, and patents, which are protected by Australian and international intellectual property laws.
Sit and Move authorises you to view and make a single copy of portions of our website content for your personal, non-commercial use offline. Our content may not be sold, reproduced, or distributed without our express written permission.
Any third-party trademarks, service marks, and logos displayed on our website are the property of their respective owners. All other rights not specifically granted in these Terms are reserved by Sit and Move.
3. Submitted Content
When you submit any content (e.g., reviews, comments, suggestions) to Sit and Move, you simultaneously grant Sit and Move an irrevocable, worldwide, royalty-free, non-exclusive license to publish, display, modify, distribute, and syndicate your content globally.
You confirm and warrant that you have the necessary rights and authority to grant this license to Sit and Move for any content you submit.
4. Termination of Agreement
These Terms will remain in full force and effect indefinitely until terminated by either party. Sit and Move may terminate this agreement at any time, for any reason, and without notice. Any clauses within these Terms that are intended to survive termination (such as those related to proprietary rights, disclaimers, and limitation of liability) will remain in effect even after the agreement is terminated.
5. Disclaimer of Warranties
You understand and agree that your use of the Sit and Move website and our services is entirely at your own risk. Our services and website content are provided on an “as is” and “as available” basis.
To the maximum extent permitted by Australian law, Sit and Move makes no express or implied warranties, endorsements, or representations whatsoever regarding the operation of the Sit and Move website, its information, content, materials, or products. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that access to or use of our service will be uninterrupted or error-free, or that defects in the service will be corrected.
6. Limitation of Liability
You understand and agree that Sit and Move, along with its subsidiaries or affiliates, shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, business interruption, loss of business reputation or goodwill, loss of programs or information, or other intangible losses arising out of:
- The use of or inability to use our service or information.
- Any permanent or temporary cessation of our service or access to information.
- The deletion or corruption of any content or information.
- The failure to store any content or information.
This limitation of liability applies whether or not Sit and Move has been advised of or should have been aware of the possibility of such damages. Where the exclusion or limitation of liability for consequential or incidental damages is not permitted by Australian law, Sit and Move’s liability is limited to the greatest extent permitted by law.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy which you may have under the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or other applicable laws that cannot be excluded, restricted or modified by agreement.
Under the ACL, goods and services supplied by Sit and Move come with automatic consumer guarantees that cannot be excluded. These guarantees include that:
- Goods will be of acceptable quality, fit for a particular purpose (if specified), match their description or any sample, and have clear title.
- Services will be provided with due care and skill, fit for any specified purpose, and supplied within a reasonable time (if no timeframe is agreed upon).
If a problem occurs with our goods or services, your rights under the ACL depend on whether the problem is ‘major’ or ‘minor’. You may be entitled to a repair, replacement, refund, or compensation for damages or loss, depending on the nature of the issue.
We acknowledge these non-excludable consumer guarantees and will comply with our obligations under the ACL. Our returns, refunds, and warranty policies will always be consistent with your rights under the ACL.
7. External Content and Third-Party Links
The Sit and Move website may include hyperlinks to third-party content, advertisements, or websites. You acknowledge and agree that Sit and Move is not responsible for, and does not endorse, any advertising, products, or resources available from such external resources or websites that you may access through our services.
Sit and Move has no control over the content of these third-party websites and cannot guarantee the reliability, accuracy, or safety of any externally linked information. Your use of third-party websites is at your own risk and subject to their respective terms and conditions.
8. No Professional or Medical Advice
No Professional Advice: The information provided on the Sit and Move website (including any content related to medical, legal, or financial topics) is for general informational purposes only. It should not be construed as professional advice. You should not take any action based solely on the information contained on the Sit and Move website. We strongly recommend seeking independent professional advice from a licensed and/or knowledgeable person in the applicable area before acting upon any opinion, advice, or information found on this website.
No Medical Advice: The Sit and Move website may contain information on various medical topics. However, there is absolutely no assurance that any information concerning medical matters is true, correct, or precise. The medical information provided in our services is of a general nature and cannot substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sit and Move website. Sit and Move does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the website.
9. Unconscionable Conduct
Sit and Move is committed to fair dealing and will not engage in unconscionable conduct as defined by the Australian Consumer Law. Unconscionable conduct refers to business behaviour that is so harsh or oppressive it goes against good conscience. This includes, but is not limited to, taking advantage of a customer’s vulnerability, using undue influence or pressure, or failing to disclose key contractual terms in a clear manner.
If you believe Sit and Move has engaged in unconscionable conduct, please contact us immediately to address your concerns.
10. Governing Law and Jurisdiction
You expressly understand and agree that any legal matter arising from this agreement or related to your use of the Sit and Move website shall be governed by the laws of New South Wales, Australia. You agree to submit to the personal and exclusive jurisdiction of the courts located in New South Wales, Australia, to resolve any such legal matter.
If a court of law with jurisdiction rules that any provision of these Terms is invalid, that provision will be removed from the Terms, and the remaining provisions will continue to be valid and enforceable.
11. Entire Agreement
You understand and agree that these Terms constitute the entire general agreement between you and Sit and Move regarding your use of the website. You may be subject to additional terms and conditions when you use, purchase, or access other services, affiliate services, or third-party content or material.
12. Changes to the Terms
Sit and Move reserves the right to modify these Terms and Conditions from time to time at our sole discretion and without prior notice. Any changes to our Terms become effective on the date they are posted on this website. Your continued use of the Sit and Move website after any changes to these Terms will signify your agreement to be bound by the updated Terms.
If you have any questions about these Terms and Conditions, please contact us: [email protected]
