Terms & Conditions

YOUR TWO JUGS PTY LTD

Terms of Use for Users

Last modified: Dec 1, 2020

The use of the Your Two Jugs website (Website), information, intellectual property and services, which is owned or licensed by YOUR TWO JUGS PTY LTD ACN 645 222 975  (Your Two Jugs / we / us) is governed by the terms and conditions set out below (Terms of Use). Without limiting the ways in which you may be bound by these Terms of Use, by clicking “Subscribe” or “I accept the Terms of Use of this Service” (or similar wording), by signing a document in which you expressly agree to be bound by these Terms of Use or by using any similar mechanism indicating your acceptance of these Terms of Use, by registering as a User of the Service, by making payment for use of the Service, or otherwise by accessing and using the Service, you (User / you) will be deemed to have accepted and will be bound by these Terms of Use (including as amended from time to time).

Your Two Jugs offers a subscription service (Service) that provides Users with access to information in either written, photographic, pictorial, audio or video formats, or other material in other forms such as seminars, which together is referred to in these Terms of Use as “Content”.  Some Content may be available free of charge, while other Content may only be accessed on payment of a fee (Paid Content).

Your Two Jugs’ Service includes the Website, the Content and any products which may be offered for sale on the Website.

You must be over 18 years of age to use the Service. By entering into these Terms of Use, you warrant and represent to Your Two Jugs that you are over 18 years of age.

1.               PROVISION OF THE SERVICE
1.1             Your Two Jugs provides Users with access to the Service pursuant to these Terms of Use.

1.2             Users will have access to the different subject matter available through the Service (Modules) for the duration of the time period they have nominated and paid for (as listed on the Website) (Subscription Period).  Users may subscribe to an individual Module or to all the Modules as a package (Subscription Type).

1.3             The User acknowledges and agrees that:

(a)             the Service may not be suitable for the health care needs of the User;

(b)             the Service does not constitute personalised allied health care or treatment and should not be considered a substitute for professional health care neither should it be used to diagnose, treat, cure or prevent any medical condition;

(c)             you should seek appropriate personalised professional health care relevant for your particular circumstances;

(d)             use of the Service does not guarantee a particular outcome or change to your particular circumstances or condition;

(e)             Your Two Jugs does not guarantee that the Content is completely accurate and assumes no liability or responsibility for the accuracy, currency or completeness of any information, including Content, found on the Website;

(f)              your use of the Service is at your own risk;

(g)             it is possible that the Service, including the accessing and viewing of the Content, could be affected by hacking or other security breaches and you accept that risk;

(h)             Your Two Jugs does not guarantee that the Service will always be your, reliable, or error-free and the quality of the display of the Content will depend on their own internet connection and the device you are using to use the Service;

(i)               Your Two Jugs is not responsible for any Content provided by third parties;

(j)               where there are links on the Website to third party websites not controlled by Your Two Jugs, Your Two Jugs takes no responsibility for those websites or the information contained on those websites and how those websites are managed and operated; and

(k)             the Service, including the Content, may be provided by the employees, contractors or third party providers of Your Two Jugs.

1.4             Subject to these Terms of Use, the provision of the Service constitutes Your Two Jugs’ only obligation to you.

1.5             You agree that Your Two Jugs may modify the Service at any time, including the applicable Fees, and discontinue the Service (or part thereof) at any time.  Your Two Jugs may also restrict your use of some or all Service.

1.6             In using the Service, information about the User may be disclosed by the User to Your Two Jugs (User Data).  The User Data includes the User’s Personal Information.

2.               CREATING AN ACCOUNT WITH YOUR TWO JUGS
2.1             Your Two Jugs may require you to create an online account with Your Two Jugs (Account) in order to use some or all of the Service.  Your Two Jugs may restrict the usage of the Service (or part thereof) for persons who do not have an Account.  Your Two Jugs may, from time to time, amend or place restrictions on the requirements needed to create an Account.

2.2             If you wish to access the Paid Content of the Service, you can only do so by creating an Account.

2.3             If you create an Account with Your Two Jugs then you agree:

(a)             if requested by Your Two Jugs, to use your email address as your username;

(b)             that the Account will be created using Your Two Jugs’ online sign up process, or any other method specified by Your Two Jugs from time to time;

(c)             to keep confidential and secure any password used to access the Account;

(d)             not to share your Account details with anyone else or allow anyone else to use or access your Account and you acknowledge that any use of your Account will be deemed to be use or access by you;

(e)             that you warrant that all information provided by you to Your Two Jugs in the setup of the Account is true and correct in every detail; and

(f)              that you will only use the Account for the purposes of using the Service, and for no other purpose.

3.               SUPPLY OF PRODUCTS[AL1]
3.1             Your Two Jugs may determine from time to time, to supply products through the Website for purchase by Users (Products).

3.2             If Products are supplied through the Website, then Your Two Jugs may impose additional terms and conditions which apply to the purchase and supply of the relevant Products, by setting out the additional terms and conditions in an addendum to these Terms of Use (Product Addendum).  Any Product Addendum will form part of these Terms of Use and, unless otherwise stated, will override any inconsistent term in this document, to the extent of the inconsistency only.

3.3             By ordering and purchasing any Product from the Website, you agree:

(a)             that you are bound by and will comply with the Product Addendum applicable to the Product; and

(b)             to pay the applicable Fee for such Product.

4.               fees and charges and payment
4.1             Fees which may be imposed by Your Two Jugs

The fees and charges which Your Two Jugs will charge you for accessing the Modules through the Service and each Product (Fees) will be:

(a)             as specified on the Website or otherwise as published by Your Two Jugs from time to time; or

(b)             as specified in an applicable Product Addendum, and

are non-refundable.

If you decide to upgrade your Subscription Type or Subscription Period, you may be required to pay additional Fees before you are able to access any additional Modules or extend the Subscription Period.

4.2             When and how Fees must be paid

Any Fees will be charged prior to accessing the Service being requested or prior to acquiring a Product.  Fees must be paid using the method of payment specified by Your Two Jugs, which may, without limitation include credit card, PayPal, bank transfer or direct debit.

4.3             GST

(a)             In this clause 4.3:

(i)              GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth); and

(ii)             terms used in this clause 4.3 shall have the same meaning as in the GST Act.

(b)             Unless expressly specified to the contrary, all amounts payable under this Agreement (consideration) by one party (payor) to the other (payee) have been expressed to be exclusive of GST.  The payor will, at the same time as paying the consideration to the payee, pay an additional amount on account of the GST, so that after deduction of GST, the payee receives no less than the amount of the consideration.

(c)             Where a party is required under this Agreement to pay or reimburse an expense or outgoing of another party, the amount to be paid or reimbursed by the first party will be the sum of the amount of the expense or outgoing less any input tax credits in respect of the expense or outgoing to which the other party, or to which the representative member for a GST group of which the other party is a member, is entitled.

5.               changes to your access to the SERVICE
5.1             At the end of the Subscription Period, your Account will be deactivated and you will no longer have access to the Service.

5.2             Your Two Jugs may change, suspend or discontinue part or all of the Service at any time in its sole discretion without any liability to Users.

5.3             A User’s access to the Service and the User’s rights granted under these Terms of Use may be deactivated or suspended at any time by Your Two Jugs immediately on the provision of written notice to the User if the User is in breach of these Terms of Use.

5.4             Suspension of the User’s Account may result in either Your Two Jugs completely disabling the User’s Account and/or disabling certain functionality.

5.5             If a User’s Account is suspended in whole or in part under clause 5.2, Your Two Jugs may, at its sole election:

(a)             end that suspension if and when the relevant breach is cured; or

(b)             provide notice of deactivation of the User’s Account at any time if the breach has not been remedied, or alternatively disable access to the Service,

and the User agrees that Your Two Jugs will not incur any liability in respect of the failure to supply access to the Service (or allow the User to exercise any other rights in respect of the Service) during any period in which the User’s Account is suspended.

5.6             Where a User’s Account has been deactivated prior to the end of the Subscription Period, the User agrees that the Fees paid by the User will not be refunded.

5.7             Where a User’s Account has been permanently deactivated:

(a)             any licence keys, passwords, or access rights to the Service provided to the User will be immediately deactivated and destroyed by Your Two Jugs; and

(b)             nothing in these Terms of Use shall be construed to release either party from any obligation that arose prior to the effective date of such deactivation.

5.8             If the User’s Account is deactivated, the User may not use the Service without creating a new Account.  Your Two Jugs may in its sole discretion refuse to create a new Account for the User.

5.9             Clauses 6, 8, 9 and 12 of these Terms of Use will continue to apply to the User notwithstanding the User’s Account has been deactivated.

6.               Intellectual property
6.1             All intellectual property rights, including any rights in copyright, moral rights, inventions (including patents), trademarks, designs, circuit layouts (whether or not registered or registrable), which subsist in the Service, including the Content, any data, material, or information created by or on behalf Your Two Jugs and displayed or made available via the Service (Intellectual Property Rights) are the exclusive property of Your Two Jugs.

6.2             No Intellectual Property Rights are granted or transferred to Users through the use of the Service.

6.3             The Service and any Content that is viewed via the Service are for the User’s personal and non-commercial use only.  Your Two Jugs grants Users a limited, non-exclusive, personal and non-transferable licence to access the Service and view Content through the Service.  Apart from this licence, all Intellectual Property Rights in the Service including the Website and the Content are reserved by Your Two Jugs.

6.4             Except as expressly authorised under these Terms of Use or with our express written consent, you must not download, modify, copy, distribute, transmit, re-transmit, reproduce, display, perform, publish, license, decompile, reverse engineer, create derivative works from or offer for sale or use (except as expressly authorised under these Terms of Use) any part of the Website or the Content or any works, subject matter, data, information or other material contained on, comprising, or obtained from or through the Service.

7.               SECURITY
7.1             The User acknowledges and agrees that in using the Service:

(a)             User Data will be transmitted over the internet or any other network used by the Service, which may include transmission to servers located in other states or countries;

(b)             while Your Two Jugs will take all reasonable security precautions, the transmission, upload, download, or storage of User Data via the Service is not guaranteed to be, and may not be, secure;

(c)             transmitting, uploading, or downloading User Data via the Service may render the User’s systems vulnerable to viruses, malware, or other forms of attack that are beyond the reasonable control of Your Two Jugs; and

(d)             the User is at all times responsible for the security of its own systems.

7.2             Your Two Jugs will comply with any laws requiring Your Two Jugs to notify the User or any other person regarding any notifiable data breach. Otherwise, to the maximum extent permitted by law, Your Two Jugs will not be liable or responsible for protecting the security of User Data transmitted, uploaded, downloaded or stored through the Service, or for any loss, cost, expense or damage suffered by the User as a result of any unauthorised access or use of the User Data or Your Two Jugs’ systems.

8.               LIABILITY and disclaimer
8.1             The User must not use the Service in any way that might defame, offend, insult, embarrass, injure, damage, or otherwise breach the rights of any person or contravene any applicable laws (including, without limitation, any laws in relation to child pornography or child abuse material).

8.2             The User acknowledges that:

(a)             Your Two Jugs makes no warranties that the Service or any Product will be error free, that the Service will be accessible on the User’s systems, or that the User’s access to the Service will be uninterrupted; and

(b)             Your Two Jugs has not made and will not make any other express or implied warranties in relation to the Service or any other goods or services provided by Your Two Jugs or any third party in connection with the Service, other than those warranties expressly contained in these Terms of Use. Any term that would be implied into these Terms of Use, including without limitation any condition or warranty, is hereby excluded to the maximum extent permitted by law.

8.3             The User acknowledges and agrees that Your Two Jugs’ sole role in relation to a User is to provide the User with the Service only.

8.4             You agree that Your Two Jugs will not be liable or responsible for any failure in, or delay to, the provision of the Service or any Product or in Your Two Jugs complying with its obligations under these Terms of Use where such failure or delay has arisen as a direct or indirect result of:

(a)             epidemic, pandemic, fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;

(b)             denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;

(c)             a significant demand being placed on telecommunications infrastructure, or on Your Two Jugs’ services, which is above the usual level of demand and which results in a failure of Your Two Jugs’ software and hardware to function correctly or in a timely manner;

(d)             the failure of any third party to fulfil any obligations to Your Two Jugs; or

(e)             any other circumstances or event similar to the above which is beyond the reasonable control of Your Two Jugs.

8.5             Your Two Jugs provides the Service “as is” and, to the maximum extent permitted by law, Your Two Jugs will not be liable in respect of any loss, damage, expense, cost or claim by or against the User (whether contractual, tortious, statutory or otherwise) for any direct or indirect, special, incidental, or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Service or the provision of any other goods or services under these Terms of Use, and whether as a result of any negligence, breach or default, by Your Two Jugs.

8.6             If the Competition and Consumer Act 2010 (Cth) (or analogous legislation) applies to these Terms of Use and prohibits the exclusion of certain liability but permits the limitation of that liability, then that liability of Your Two Jugs is limited, at the option of Your Two Jugs, to:

(a)             in the case of goods, any one or more of the following:

(i)              the replacement of the goods or the supply of equivalent goods;

(ii)             the repair of the goods;

(iii)            the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv)           the payment of the cost of having the goods repaired; and

(b)             in the case of services:

(i)              the supplying of the services again; or

(ii)             the payment of the cost of having the services supplied again.

8.7             The maximum liability of Your Two Jugs under these Terms of Use for any matter which cannot otherwise be excluded as described in these Terms of Use, will be limited in aggregate (to the maximum extent permitted by law) to the lesser of:

(a)             the total Your Two Jugs Fees you have paid for the Service or Product that are the subject of the relevant claim; or

(b)             AUD $10.

8.8             The User indemnifies Your Two Jugs, its agents, officers and employees against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which is suffered or incurred by Your Two Jugs, its agents, officers or employees as a direct or indirect result of:

(a)             any breach of these Terms of Use by the User; or

(b)             any third-party action, claim, demand or proceedings instituted against Your Two Jugs as a result of the use of the Service by the User.

8.9             Any of the terms and conditions of these Terms of Use which limit or exclude any term, condition or warranty, express or implied, or the liability of Your Two Jugs will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting the User’s statutory rights or remedies arising by virtue of the breach of any implied term of these Terms of Use  where such exclusion, qualification or limitation would be prohibited by legislation.

9.               your indemnity
You indemnify and keep indemnified, Your Two Jugs, its agents, employees and officers against all loss, cost, expense or damage which Your Two Jugs, its agents, employees or officers suffer or incur, as a direct or indirect result of:

(a)             your breach of these Terms of Use or violation of any law or Intellectual Property Rights or other rights of a third party; or

(b)             your use of or inability to use the Service.

10.             PRIVACY
10.1          You acknowledge that in order to provide the Service and Products, Your Two Jugs may collect and use the personal information (as that term is defined in the Privacy Act 1988 (Cth)) or other identifying information (Personal Information) you provide to Your Two Jugs in accordance with our Privacy Policy.  By using the Service, or by purchasing any Product, you agree to the terms of the Your Two Jugs’ Privacy Policy.  A copy of our Privacy Policy may be viewed on our Website.

10.2          You undertake and continuously warrant to Your Two Jugs that you will only supply Personal Information in respect of yourself only.

11.             amendments
11.1          Your Two Jugs only reserves the right to revise and amend these Terms of Use in its discretion, as follows:

(a)             if Your Two Jugs considers that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the amended Terms of Use (as applicable) on the Website; and

(b)             if Your Two Jugs considers that the change is likely to have a significant detrimental impact on you, it will make the change after it has notified you of the change (solely by using the email address you have provided) and will display a notice on the Website describing the change.

11.2          Your continued use of the Service after an amendment will mean that you agree to that amendment.

12.             general clauses
12.1          In the interpretation of these Terms of Use unless the context otherwise requires:

(a)             headings and words in bold type are included for convenience only and do not affect interpretation;

(b)             the words "includes" or "including" mean "includes without limitation" or "including without limitation";

(c)             a reference to a word includes the singular and the plural of the word and vice versa;

(d)             a reference to a gender includes any gender;

(e)             if a word or phrase is defined, then other parts of speech and grammatical forms of that word or phrase have a corresponding meaning;

(f)              a term which refers to a person includes a person in any capacity, a body corporate, an unincorporated body (for example a society or association), a trust, a partnership, a sovereign state, a government or a government department or agency;

(g)             a reference to a document includes a reference to that document as amended, novated, supplemented, varied or replaced;

(h)             a reference to a recital, clause, paragraph, schedule, annexure or other part is a reference to an item of that type in these Terms of Use;

(i)               a reference to a party is a reference to a party to these Terms of Use and includes a reference to that party’s successors, personal legal representatives and permitted assigns;

(j)               a reference to a statute or regulation or a provision of a statute or regulation includes a reference to that statute, regulation or provision as amended or replaced, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws made or issued under that statute; and

(k)             if an individual party to these Terms of Use consists of two or more persons, then those persons are bound both jointly and severally.

12.2          Any notice given under these Terms of Use must be in writing and must be signed by the party giving the notice, or alternatively must be given via functionality contained through the Service. Unless a later time is specified in a notice, the notice takes effect from the time it is received. A notice is taken to be received:

(a)             in the case of a notice delivered by hand, when so delivered;

(b)             in the case of a notice sent by pre-paid express post, on the third clear Business Day after the date of posting;

(c)             in the case of a notice sent by email, at the time that the email is sent, unless the sender receives a notification that the email was delayed or not received; or

(d)             in the case of a notice sent via functionality contained through the Service, at the time the notice was sent,

but if the effect of paragraphs (a) - (d) above is that a notice is taken to have been received before 9:00am or after 5:00pm on a day which is not a Saturday, Sunday or public holiday in Melbourne, Victoria, Australia (Business Day), or on a day which is not a Business Day, then the notice is taken to have been received at 9:00am of the next Business Day.

12.3          If any provision of these Terms of Use is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of these Terms of Use to the extent that the invalid or unenforceable provision will be treated as severed from these Terms of Use.

12.4          These Terms of Use will be construed in accordance with and will be governed by the laws in force in the State of Victoria, Australia. Each of the parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of the State of Victoria, Australia or the Commonwealth of Australia and any courts of appeal from these courts.