Terms & Conditions

The Healthery (“Healthery”)
Terms & Conditions

Healthery provides the services and website located at http://thehealthery.com.au/. These Terms of Use and Conditions constitute an agreement (“Agreement”) between you (“you”, “your”, “user”, “client”, “his”, “him”, “their” “her” or “customer”) and Healthery (“Healthery”, “us”, “we” or “our”) for all products, services (“services”) and websites (“Site(s)” or “Website(s)”).

Any of the following actions constitute your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: your initialization or purchase of our Services, either on the telephone, mail or through the Website; or your use of the Website.

Healthery only provides services at your specific direction.

  1. THE INFORMATION CONTAINED IN THIS WEBSITE IS NOT A SUBSTITUTE FOR MEDICAL ADVICE OR TREATMENT. CONSULTATION WITH YOUR DOCTOR OR HEALTHCARE PROFESSIONAL IS ADVISED. IN THE EVENT OF AN EMERGENCY DIAL 911.
  2. Your use of the Healthery’swebsite, or purchase of Healthery’s services, does not bind us to legal responsibility to represent your needs if ever requested or needed.
  3. If at any time before you do not agree to these Terms of Use and Conditions, you will not proceed any further on Healthery’swebsite and will not proceed with any purchase of Healthery’s services, and any purchase that you do make will be null and void – in so proceeding you relinquish your right of any legal suits against us and our representatives for any reasons regarding any materials, faults, or accidents.

Disclaimer

You understand that Healthery website cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Healthery does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Healthery.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Healthery DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. Healthery DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Healthery DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Healthery MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT Healthery, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Healthery MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation of Liability

Healthery WEBSITE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, WHICH INCLUDE, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST DATA AND BUSINESS INTERRUPTION, OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, , EVEN IF Healthery HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE COLLECTIVE LIABILITY OF Healthery AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.

Warranty and Indemnification

You represent and warrant that your use of the Healthery website and the information, content and materials contained therein, as well as information or materials received from a Healthery representative will at all times comply with applicable laws, rules, regulations and this Agreement. By using the Healthery website, you agree to indemnify, hold harmless, and defend Healthery, LLC, Healthery, its subsidiaries, divisions, affiliates, officers, directors, employees, successors, agents, contractors, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Healthery website; (ii) a dispute with us; (iii) your breach of the Terms of Use and Conditions; or (iv) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Healthery reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding Healthery harmless.

Limitation on License 

The material and content accessible from this site, and any other Website owned, operated, licensed, or otherwise controlled by Website Owner (the “Content”) is the proprietary information of Website Owner or the party that provided or licensed the Content to Website Owner, whereby such providing party retains all right, title, and interest in the Content.

The license granted to you in these Terms of Service is restricted as follows:

Limitations on Copying and Distribution. The Content of this website may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Website Owner, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Website Owner’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Limitations on Use.  You agree to use the Healthery website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use of the Healthery website by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this website. As a condition to your use of the Healthery website, you agree not to:

  • upload, post, e-mail, transmit, or otherwise make available any information, materials, or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, or offensive; or that infringes another’s rights, including any intellectual property rights;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or obtain, collect, store, or modify personal information about other users;
  • upload, post, e-mail, transmit, or otherwise make available to any user of the Healthery website any unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘spam,’ ‘chain letters,’ ‘pyramid schemes,’ or any other form of solicitation;
  • modify, adapt, or hack the Healthery website or falsely imply that some other site is associated with the Healthery website; or
  • use the Healthery website for any illegal or unauthorized purpose. You must not, in the use of the Healthery website, violate any US laws or laws in your jurisdiction (including but not limited to copyright and trademark laws).

Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Site or any materials accessed through the Site,

Website Rules.

Healthery website may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

  • interferes with or disrupts the Site or its operation;
  • is vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing;
  • is unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;
  • encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
  • harm minors;
  • impersonate any other person or entity, whether actual or fictitious, or that misrepresent your affiliation with any entity;
  • contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.

Miscellaneous.

Severability – If any portion of this agreement is found to be unenforceable or void by a court of law, then the provision that is found to be void or unenforceable shall be deemed severable from the remaining provisions of this Agreement. Furthermore, severability shall not affect the validity or enforceability of the remaining provisions of this Agreement.

Termination of This Agreement – You understand and agree that we may terminate this Agreement, Use of this website and your Certification for any reason and at any time upon notice. Healthery and its employees have sole discretion to refuse to provide services to you and are not liable to you for damages or loss that may result from our refusal to provide you services.

Choice of Law – These Terms of Use and Conditions will apply in any dispute of any sort that might arise between you and Healthery, Healthery, LLC, or its subsidiaries, divisions, or affiliates shall be governed by and construed in accordance with the laws of the State of Nevada. Any action brought to enforce this Agreement or matters related to the Healthery’s website or Healthery, LLC will be brought in either the state or federal courts of Las Vegas, Clark County, Nevada; provided, however, that notwithstanding anything contained in these Terms of Use and Conditions to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of Choice of Law non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against Healthery, Healthery, LLC, or its subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms of Use and Conditions. Any claim or cause of action you have with respect to use of the Healthery’s website must be commenced within one (1) half-year after the claim arises.

9.4 Entire Agreement – These Terms of Use and Conditions constitute the entire agreement between you and Healthery regarding the access, purchase of services and use of the Healthery website and collected sites – Healthery.com DeliveredHealth.org Healthcare-Provider-CPR.com/ FreeCPRCertificationOnline.com.

9.5 Articles – All articles are for informational purposes only. Regarding medical treatment always seek the advice of a physician. If you think you may have a medical emergency, call your doctor or 911 immediately. Healthery does not endorse any specific tests, physicians, products, procedures, opinions on this site. Nothing in the articles should be considered, or used as a substitute for, medical advice, diagnosis, sole prevention or treatment. All articles are provided “as is”.

  1. Link to Privacy Policy.

You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information in the Site requires the submission, use and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the Site, you acknowledge and agree that your use of the Site will constitute acceptance of the personal identifying information collection and use practices contained in the privacy policy on the Site.

  1. DMCA Notification Guidelines.

It is our policy to respond to clear notices of alleged copyright and trademark infringement on any of our websites that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512(c)(3).

Healthery respects the intellectual property of all others and demands that its Users do the same. If you believe your copyrights are being used without authorization on the Website, please submit a notification to us according to the following DMCA Guidelines.

You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by mail or e-mail as set forth below.

In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any content hosted on our website infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Network are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit our copyright agent to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  4. Information reasonably sufficient to permit our copyright agent to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please note that our copyright agent will send a copy of such notices to both the individual that uploaded the allegedly infringing content and the creator of the social network where the content appears.

  1. Counter-Notification

If you elect to send us a counter notice, to be effective it must be a written communication that includes the following:

  1. A physical or electronic signature of the User.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which our copyright agent may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Our copyright agent only accepts counter-notices that meet the requirements set forth above and are received from the email address associated with the our copyright agent account you used to upload the content within 10 business days of our forwarding you the DMCA notice. You may submit your Counter Notification by sending it to our Designated Agent by mail or e-mail as set forth below in Section C.

  1. Designated Copyright Agent

The Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:

Copyright Agent
c/o Healthery Privacy

email to [email protected]

For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other communications related to the Website should be directed to the Website Creator. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

IF YOU DO NOT AGREE TO THE TERMS OF USE AND CONDITIONS HEREIN, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE. BY USING THE Healthery’S SERVICES OR ACCESSING THE COMPANY’S WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.