TERMS & CONDITIONS
Vigour.Media App
Updated 28 August, 2023
In these terms and conditions, "us", "we" or "our" means Black Sparrow Group, Black Sparrow Publishing, Vigour Health & Wellbeing Magazine, Vigour Platform, Vigour Media, Vigour Active, its officers, directors, employees, contractors, sponsors, suppliers, editors, authors, subscribing organisations, their servants and agents. It is important to us that you understand these terms and conditions which relate to your use of this app (the "App"). If you have any questions, please contact us via the contact page at www.vigour.media.
Agreement
By accessing and using the App, you agree to be bound by these terms and conditions, our Privacy Policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the App and/or our website relating to your use of the App ("AppTerms"). We may change the AppTerms at any time. If we do, an amended version of the AppTerms will be available via the App and/or our website. You are responsible for ensuring that you regularly review the App Terms and your continued use of the App after any changes are made to the App Terms will be deemed to constitute your acceptance of those changes. If you object to any App Terms, current or revised, or otherwise become dissatisfied with the use of the App, your only remedy is to immediately discontinue your use of the App.
Content & Use
Whilst appreciable care has been taken in the preparation of this App, we provide this for general information purposes only. It is not intended or implied to be a substitute for professional advice, medical advice, diagnosis or treatment. We cannot warrant the accuracy of this App beyond the source documents although we do make every attempt to work from authoritative sources. Any representation implied or expressed concerning the efficacy, appropriateness or suitability of any treatment or product is expressly negatived. The material may include the views or recommendations of third parties and does not necessarily reflect our views. In view of the possibility of human error or advances in medical knowledge we cannot and do not warrant that the information contained in this App is in every respect accurate or complete. Accordingly, we are not and will not be held responsible or liable for any errors or omissions that may be found in any of the information on this App. You are encouraged to consult other sources in order to confirm the information contained on this App and in the event that medical treatment is required, to take professional, expert advice from a legally qualified and appropriately experienced medical practitioner.
Exercise
You should consult your General Practitioner or other health care professional before participating in any fitness program including our workout / fitness videos to determine if it is right for your needs. This is particularly true if you have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, are pregnant, or have a bone or joint problem that could be made worse by a change in physical activity. Do not participate in our workout / fitness videos or any fitness program if your General Practitioner or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. The participant assumes all risk of injury if participating in our workout / fitness videos.
TeleHealth
The App facilitates access to online telehealth services by providing an interface between you and independent health care professionals (“Health Providers”).
We provide facilitation services between you and an independent Health Provider. We are not medical or health professionals and do not provide any medical or health service. We provide the platform which enables you to access health services from a registered and qualified Health Provider. You are subject to the terms & conditions of the Health Provider. We are not a party to any agreement or arrangement between you and any Health Provider. We do not verify, endorse, recommend or guarantee any Health Provider or any information or advice they provide during a consultation via the App. We facilitate the connection for consultations but have no control over the conduct or advice of Health Providers and patients or any other users of the App.
You acknowledge that your participation is entirely at your own risk. In relation to services conducted and advice provided by Health Providers, we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such services or advice. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the service.
We do not guarantee that a telehealth consultation is the appropriate course of treatment for your particular health care problem. The Health Provider has the sole discretion to decide whether a telehealth consultation is appropriate, whether or not to provide any particular service and to determine the health services required. You and your GP should also consider whether a telehealth consultation is appropriate.
In some circumstances a physical examination, blood tests, diagnostic imaging or other tests may be required. These cannot be delivered via a telehealth consultation. If the Health Provider decides that any or all of these are required you are required to arrange with the appropriate person and or company (generally your local GP).
We do not have access to, view or store any information, be it personal, health and/or otherwise, exchanged between you and the Health Provider.
We are not liable for damages which arise from your failure to inform your GP or other healthcare professional about treatment or advice you receive from an independent Health Provider accessed through the App.
As stated above, we are not medical or health professionals and do not provide any medical or health service. Your health care is provided by your GP and any Health Provider you are connected to through the App.
Intellectual property
We own and retain all proprietary rights in and relating to the App. Proprietary rights in and relating to the App must not be used in any way without our prior written consent. No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content without our expressed written permission.
External activities
From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities and may be conducted by third parties (External Activities). External Activities may be subject to separate terms and conditions. You acknowledge that you participate in any External Activities entirely at your own risk. In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities. In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the App Terms, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.
The App’s use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.
Third party websites and advertising
From time to time, the App may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the App and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third-party websites, you leave the App entirely at your own risk. We are careful in selecting the websites we link to, but we are not responsible for and do not necessarily endorse their information. You need to make your own decisions about the accuracy, currency, and reliability of information in linked websites. From time to time, the App may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
Limitation of liability and indemnity
You acknowledge that you use the App at your own risk. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the App in any circumstance. You agree to indemnify us for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your use of or conduct in connection with the App, including any breach by you of the App Terms. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the App Terms, might apply in relation to your use of the App. In particular, we do not make any representations or warranties that the App will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the App. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the App purchased by you. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
No Warranty
This App is provided “as is” without any representations or warranties, express or implied. Black Sparrow Group, Black Sparrow Publishing, Vigour Health & Wellbeing Magazine, Vigour Platform, Vigour Media, Vigour Active, its officers, directors, employees, contractors, sponsors, suppliers, editors, authors, subscribing organisations, their servants and agents make no representations or warranties in relation to the App or the information provided. Without prejudice to the generality of the foregoing paragraph, we specifically disclaim any implied warranties of title, performance, fitness of information, product or service for any particular purpose, accuracy, merchantability and non-infringement. Nothing in this App constitutes, or is meant to constitute, advice of any kind. Should you require advice in relation to any matter, including but not limited to legal, medical or financial, you should consult an appropriate professional.
Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under this Agreement without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Agreement.
No Agency
No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the App Terms or your use of the App.
Severability
If any provision in this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. If any provision of this Agreement is held to be unlawful and/or unenforceable, then such provision will be modified to reflect the parties' intention.
Reasonableness
By using the App, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. If you do not think they are reasonable, you must not use the Site.
Cookies
The App may collect personal data to power our App analytics, including:
Information about your browser, network, and device
Web pages you visited prior to coming to this website
Your IP address
This information may also include details about your use of this App, including:
Clicks
Internal links
Pages visited
Scrolling
Searches
Timestamps
We share this information with our analytics provider, to learn about App traffic and activity.
Computer System & Software
We are not liable for any interference with or damage to your computer system, software or data occurring in connection with, or relating to, this App or its use. You should take appropriate and adequate precautions to prevent damage to your computer system, software or data.
Entire agreement
This Agreement, along with all Terms & Disclaimers, constitutes the entire agreement between you and the App in relation to your use of the App, and supersedes all previous agreements in respect of your use of the App.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of Victoria and Australia. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of Victoria and Australia.
Notices & Disclosures
Any notices shall be given by email via the contact page at www.vigour.media
This App is offered by Black Sparrow Group P/L.