MindbodyHQ: Membership Terms and Conditions
1. Copyright © 2020 Energy Transactions Pty Ltd ABN: 32 737 229 380. This copyright notice applies and is not limited, to the following Websites, and any of its affiliated pages from time to time (“Websites”):
2.1. Copyright exists in the Websites, Apps, Forums and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, events, proprietary pages and product names referred to and included in the Websites unless otherwise obtained from a third party who may itself have its own copyright in that material.
3. Intellectual Property
3.1. Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non-existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these Terms and Conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act 1966 (Commonwealth) and under the law of a country other than Australia.
4.1. For the purposes of these Terms and Conditions in addition to the above paragraphs the following definitions apply:
4.1.1. “Our, ourselves, us, we”, refer to MindbodyHQ, Energy Transactions Pty Ltd, and its affiliates who for the purposes of these Terms and Conditions refers to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
4.1.2. “Party” refers to a party to these Terms and Conditions and it includes that party's successors, administrators and assignors and where a party consists of more than person, then these Terms and Conditions bind them jointly and each of them severally;
4.1.3. “You or yours” refers to you, the person accessing the Websites, Apps and its contents;
4.1.4. “Licence” means these Terms and Conditions for use of the Websites and its contents including your membership;
4.1.5. “Month” for the purposes of Subscription is monthly;
4.1.9. “Forums ” mean the forums where registered members are able to communicate together.
4.1.10. "Membership" is your subscription to the program and app being the use of our Websites, app, forums and participation in any of our offers, promotions, competitions or programs.
4.1.11. “Subscription” means your agreed registration as a member of MindbodyHQ by purchasing a subscription package via the Website or App store.
4.1.12. "App" means the IOS or Android mobile application for MindbodyHQ.
4.1.13. “Websites” means collectively the Websites, forums, products content/or services offered or provided by or in the Websites and includes use of the App.
4.1.14. An “Introductory Offer” means the introductory offer promoted on our Website from time to time.
4.1.15. “Offers” means any other offer including upsells, cross-promotion, special, discount, challenge and the like that may be offered or promoted to potential and existing customers from time to time as the offer may provide.
5. Scope of Licence
5.1. By virtue of these Terms and Conditions, you are granted a non-exclusive, non- transferable, non- sub-licensable licence to personally access and use, for non- commercial purposes, the Websites and the services offered on the Websites including but not limited to your membership.
5.2. You may not use any licenced material on more than one computer system or device concurrently. Full-scale reproduction of any of our contents is expressly prohibited.
5.3. The term of this licence shall be for the term of your active subscription.
8. Use of the Websites and Apps
8.1. These Terms and Conditions govern your right to use the websites, apps and your membership, and/or any products or services (including Events) acquired in relation to the Websites and/or any links provided on the Websites to other Websites.
8.2. In downloading any content from the Website, App or Membership to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Websites and your Membership is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights.
8.5. You agree that your use of the Websites, Apps and Membership will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Queensland, Australia.
9.1. You represent and warrant that you are at least 18 years old and will be responsible for completing all registration information or if under 18 years of age you have parental consent.
9.2. Without limitation, the Websites are available only to individuals that can form legally binding contracts under Australian law.
10.1. You agree to provide accurate and truthful details about yourself when registering for Membership. We reserve the right to suspend or terminate your registration if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
11. Forum Membership
11.1. Access to the Forums is limited to various Memberships and subject to these Terms and Conditions.
11.2. You acknowledge that Forum membership provides for public communications.
11.3. If you become a Forum member you agree to provide truthful, accurate personal details about yourself as required on the sign-up page for the forum.
11.4. You will use the Forum only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the Forum, either on the Forum itself or otherwise.
11.5. You will not use the Forum:
11.5.1. for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;
11.5.2. to incite others to conduct the activities described in sub-paragraph;
11.5.3. to interfere with the lawful and reasonable use of the Forum by others; 11.5.4. to attempt to directly or indirectly, allow or facilitate a third party to enter the Forum through your registration; and
11.5.5. to sell or promote any services or products to other forum members.
11.6. Although our Forums are ‘Closed Groups/ Private’ you acknowledge that we can only monitor the Forum to the best of our ability. Whilst we will do everything in our power to protect the safety of your privacy, we are unable to control what others do with any images and/or posts uploaded in the Forum. For that reason, you acknowledge that anything posted in the Forum has the potential to be made Public.
11.7. You acknowledge that you will use your own discretion as to what you post in the Forum using all caution necessary to provide for your own safety.
11.8. If posting any “before and after” images we highly recommend covering up or not including your face to prevent identification unless of course you are comfortable with the fact that once this image is uploaded, its privacy is out of our control. Any post uploaded by a minor is deemed to have been given parental consent.
12. Event Entry Conditions
12.1. Events include but are not limited to the events, seminars, workshops, conferences and the like that are occurring in selected cities around the world.
12.2. Registration refers to the specific Event noted on the Websites or digital media page to which these Terms and Conditions are linked.
12.3. Participants must register for an Event online via the digital media page of which the Event is advertised. Once confirmed through the Event registration page and payment is made, your space will be secured. Participation in the Event for which you have registered is deemed acceptance of these Terms and Conditions.
12.4. We reserve the right to accept or reject any registration or order. Acceptance and access to our services or Event require payment first. The costs per ticket are detailed on the Website and affiliated advertising. We reserve the right to terminate your licence or registration if payment is not made successfully.
12.5. We expect you to use the payment service provided on our Websites for our financial transactions for registration of the Events. We will not be held liable for any loss you incur arising from the use of any payment method unless caused by the fraud of our employees or us.
12.6. All payments are GST inclusive. We will provide you with a receipt of payment by way of tax invoice in accordance with the applicable legislative requirements relation to GST.
12.7. Please note all registrations are non-refundable and non-transferrable save for otherwise provided for in these Terms and Conditions.
13. Terms of Participation at Events
13.1. Right to participate: applies only to the person whose name and contact details have been successfully registered and submitted via the allocated registration page and is not transferrable to any other person. All entrants acknowledge any attempt to transfer an entry or allow another person to participate in the Event under the entrant’s name without Energy Transactions Pty Ltd knowledge or consent may void any applicable insurance and the entrant will be disqualified from the event.
13.2. Closing: Entries close on the date specified on the Websites and all authorised advertising for the Event.
13.3. Verification: Energy Transactions Pty Ltd and their authorised representatives, reserve the right to verify the identity of the person registering for participation including their name, age and address.
13.5. Insurance: Each entrant acknowledges insurance may be in place that may provide limited cover to entrants while they are participating in events. Entrants understand this insurance may not cover them for all personal injuries, death and/or damage sustained during the Event. Entrants also acknowledge they may be able to, in their own interests and at their own expense, seek and obtain personal insurance in addition to any cover provided by the Event organiser.
13.6. Medical Disclaimer: As with any physical activity, it is important that before beginning any fitness activity, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
13.7. Each entrant accepts all risks of participating despite their medical/and or physical condition and forever releases and indemnifies to the fullest extent permitted by law Energy Transactions Pty Ltd, the Event Manager, the Event Sponsor/s, Event Volunteers; the owners, licensees and occupiers of land upon which any part of the Event is conducted; any statutory body or local authority having control over any land upon which any part of the Event is conducted; their related bodies corporate and their officers, employees, members and/or contractors and any other person from and against all claims, loss (including consequential loss) and/or costs (including legal costs), whether or not legal proceedings are instituted, irrespective of the means, manner and/or nature of any settlement or determination arising directly and/or indirectly out of, and/or in connection with, the entrant’s participation in the Event, including event competitions and/or prize draws.
13.8. You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
13.9. Fitness: Each entrant acknowledges they will be, at the time of the Event, medically and physically fit for the Event and unaware of any illness, injury or any other physical disability or impairment which may cause personal injury, death and/or property damage to them or anyone else while participating in the Event.
13.10. Consent to Medical Treatment: Each entrant consents to receiving any medical treatment, including ambulance transportation, Energy Transactions Pty Ltd considers desirable during or after the Event. In the event of an emergency, the entrant authorises their personal details to be shared with appropriate parties, including but not limited to, Energy Transactions Pty Ltd, the Event Manager, medical staff and the entrant’s Emergency Contact. Energy Transactions Pty Ltd and/or the Event Manager has the right to contact the entrant or their listed Emergency Contact as they consider necessary or desirable during or after the Event.
13.11. Hydration: Each entrant acknowledges it is their responsibility to ensure they are appropriately hydrated while participating in the Event.
13.12. Travel: Each entrant acknowledges that Energy Transactions Pty Ltd is not responsible for any costs or damages involved in travel to and from the Event.
13.13. Possessions: Each entrant acknowledges that they have sole responsibility for their personal possessions and athletic equipment during the Event and related activities. Energy Transactions Pty Ltd and the Event Sponsor/s are not liable for any damaged/lost property.
13.14. Directions: All entrants acknowledge they will abide by any reasonable directions issued by an authority of the Energy Transactions Pty Ltd, the Event Manager and the Police.
13.15. Removal: All entrants acknowledge that Energy Transactions Pty Ltd, the Event Manager or their authorised representatives may remove the entrant from the Event area and/or exclude the entrant from participation in the event without reason or explanation:
i. if the entrant’s behaviour is inappropriate, offensive, or abusive;
ii. to prevent damage to any property;
iii. on medical or health and safety grounds (including to prevent possible harm or injury to the entrant or any other person), or (b) to prevent or arrest any form of unauthorised marketing including ambush marketing.
13.16. Model Release: Each entrant consents to, without being compensated in any way, the publication and/or use in any form of media and marketing whatsoever, Energy Transactions Pty Ltd, MindbodyHQ, the Event Manager or the Event Sponsor/s, their name, image, voice, identifying number, statements, and photographs and films of them taken by Energy Transactions Pty Ltd or its contractors, in any context pertaining to the Event or otherwise before, during or after the Event for advertising, promotions or otherwise.
13.17. Assumption of Risk: Each entrant acknowledges participation in the Event can be inherently dangerous and they are exposed to certain risks during the Event, including personal injury, death and/or property damage/property loss resulting from their participation, including, overexertion, equipment failure, dehydration, serious accidents and course and weather conditions.
13.18. Indemnity: Each entrant forever releases and indemnifies Energy Transaction Pty Ltd, MindbodyHQ, the Event Manager, the Event Sponsor/s, Staff, Event Volunteers; the owners; licensees and occupiers of land upon which any part of the Event is conducted; any statutory body or local authority having control over any land upon which any part of the Event is conducted; their related bodies corporate and their officers, employees, members and/or contractors against all death or personal injury claims arising out of the entrant’s participation in the Event.
13.19. Limitation of Liability: Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
13.20. Cancellation and Alteration: Energy Transactions Pty Ltd has the right to cancel or modify the Event at any time and for any reason as they see fit.
14. Prizes and Awards at Events
14.1. Only valid and accepted entrants can be eligible to win any Event prizes or awards that are on offer.
14.2. The person conducting the prize draws is the Energy Transactions Pty Ltd, Event Manager or a representative appointed by them.
14.3. All competitions are drawn and prizes are awarded on the date of the Event.
14.6. Energy Transactions Pty Ltd (and its affiliates or authorised representatives) reserves the right to verify the validity of entrants and to disqualify any entrant who, in the reasonable opinion of Energy Transactions Pty Ltd, engaged in conduct in entering which is fraudulent, misleading, deceptive or damaging to the goodwill or reputation of the Event, the Event Organiser and/or the Event Sponsor/s.
14.7. Prizes are not refundable. Prizes are strictly as stated and are not transferable or exchangeable nor can they be redeemed for cash.
14.8. In the event that for any reason whatsoever a prize winner does not take any or all elements of a prize at the time stipulated by Energy Transactions Pty Ltd, then those elements of the prize will be forfeited by the prize winner.
14.9. Prize values reflect the maximum retail values of prizes at the time of publication, including GST. Energy Transactions Pty Ltd accepts no responsibility for changes in prize values between now and the ultimate prize redemption date.
14.10. If any or all components of a prize are unavailable, for whatever reason Energy Transactions Pty Ltd reserves the right to substitute any or all components of a prize with another prize or components of equal or greater value.
14.11. Any costs of any kind incurred by prize-winners as a consequence of accepting any prize, including any taxes (other than any GST), are the sole responsibility of prize-winners. Independent financial advice should be sought as additional costs, including taxes, may be incurred by prize-winners as a result of accepting any prize.
14.12. All prize winners will participate in, and co-operate as reasonably required by Energy Transactions Pty Ltd (and its affiliates or authorised representatives), the Event Manager or the Event Sponsor/s with respect to, any publicity arrangements relating to the prize, including making themselves available on the Event Day before an/or after the prize is awarded and/or at another reasonable time nominated by Energy Transactions Pty Ltd or the Event Sponsor/s to be interviewed, photographed and filmed without being compensated in any way.
15. MindbodyHQ Memberships
15.1. There are multiple membership options available including:
15.1.1. Monthly Subscription
126.96.36.199. A one month subscription that automatically renews every month unless terminated by you prior to the Renewal Date (defined below).
188.8.131.52. The monthly reoccurring Subscription fee is the amount listed on the Website at the time of signing up and Includes all taxes (not including transaction/bank charges).
15.1.2. Three Monthly Subscription
184.108.40.206. A three-monthly subscription that automatically renews every 3 Months unless terminated by you prior to the Renewal Date defined below).
220.127.116.11. The 3-monthly reoccurring Subscription fee is the amount listed on the Website at the time of signing up and Includes all taxes (not including transaction/bank charges).
15.1.3. Annual Subscription
18.104.22.168. A twelve-month subscription that automatically renews unless terminated by you prior to the Renewal Date (defined below);
22.214.171.124. The annual reoccurring Subscription fee is the amount listed on the Website at the time of signing up and Includes all taxes (not including transaction/bank charges).
15.1.4 One Month Trial
126.96.36.199 One Month access to the MindbodyHQ app and programs. At the end of the month, membership will end and the client will need to sign up again to extend their membership.
15.1.5 Foundation Membership
188.8.131.52. A twelve-month subscription that automatically renews unless terminated by you prior to the Renewal Date (defined below);
184.108.40.206. The annual reoccurring Subscription fee is the amount listed on the Website at the time of signing up and Includes all taxes (not including transaction/bank charges).
15.2. There will also be various Competitions, Challenges, Offers and Programs which will also be subject to these Terms and Conditions and the terms promoted alongside the Competition, Challenge, Offer and Program and found on our Website.
15.3. From time to time, we may offer limited access or special membership deals. The terms of these memberships will include those services promoted on our Website when purchasing your Subscription.
16. Event Purchase
16.1. To purchase your Event Pack and ticket to our Events, head to the Website and follow the link to choose an Event Pack. These include but are not limited to:
16.1.1. General Admission; 16.1.2. VIP; and 16.1.3. Platinum.
16.2. The Event Packs include all items offered on the Website Event Pack description. If an item offered in the Event Pack becomes unavailable for whatever reason, we have the exclusive right to change the inclusion with another item provided it is of equal value.
16.3. The Event Packs may include an Introductory Offer to mindbodyHQ which gives you a free trial membership for a set period of time. To access your Introductory Offer, you are required to register for MindbodyHQ as a Member (Membership). The payment details used to Register your MindbodyHQ Membership will be charged after the expiration of the Introductory Offer if you continue to use without Terminating your Membership pursuant to the clause below.
17. Model Release
17.1. In accepting the Terms and Conditions, you give MindbodyHQ, Energy Transactions Pty Ltd, and its authorised representatives, the right and permission to use photographs and video footage of you undertaking training and activities and illustrating body transformations that you have provided to us. You grant permission to MindbodyHQ, Energy Transactions Pty Ltd and its authorised representatives to use these photographs and video footage for the purpose of promoting, advertisement, marketing, publicity or any other lawful purpose. You waive any right to inspect and approve the finished product that may be used or to which it may be applied now and/or in the future, whether that use is known to you or unknown, and you waive any right to royalties or other compensation arising from or related to the use of the image whether intentional or otherwise.
18. Cancellation/Termination of Membership
18.1. You may cancel your MindbodyHQ Membership at any time by:
18.1.1. For Website purchased Memberships:
220.127.116.11. Click on the manage membership link in your sign up email or use this link - https://mindbodyhq.com/tools/recurring/get-subscription-access#/ to access your membership account. You can cancel immediately.
18.104.22.168. Your cancellation will stop further payments from your account however you will have access up until the time you have paid for. A member who cancels an Annual membership with 2 months remaining will still have access for the final 2 months of their membership. They will lose access after the subscription period is not renewed.
22.214.171.124. For in App Purchased Memberships: Cancel your membership within the relevant App store.
19.1. We reserve the right to terminate this contract in accordance with the following conditions:
19.1.1. Failure to abide by rules of use of the Websites or Membership which includes the App, Forums, competitions/programs, and attendance at any Event;
19.1.2. Action upon a complaint by either another member or an employee or contractor; and/or
19.1.3. Default of scheduled payments for a period of 2 payments or more.
20. Membership Termination Process
20.1. If, for any reason stated in the Termination Clause above, Energy Transactions Pty Ltd terminates your membership, the following process will be followed:
20.1.1. Advice in writing via email of pending termination no later than 7 (seven) days prior to proposed date of termination (except where the reason for termination presents a risk to other clients or staff).
20.1.2. Refund of any membership fees will be based on the nature of the reason for membership termination and at the sole discretion of ‘MindbodyHQ’ and/or Energy Transactions Pty Ltd.
21. Cancellation of an Event
21.1. Our fees for registration of an Event after payment is made and confirmed are non- refundable unless:
21.1.1. after payment for registration of an event, the event is cancelled by us and therefore no longer on offer. In such circumstances, you may email our support email address requesting a refund. Upon receipt of refund, your agreement with us is at an end.
21.2. All fees for registration cannot otherwise be cancelled and are non-refundable except as stated above or at the discretion of Energy Transactions Pty Ltd. Registration cancellations or queries must be made via email to firstname.lastname@example.org.
22. All Payments
22.1. In purchasing any product or services from the Websites (‘the purchase’) you agree to:
22.1.1. pay using a valid credit card or bank account (or other form of payment or use of payment provider as Energy Transactions Pty Ltd may allow) in the manner required by and under the Terms and Conditions outlined by the nominated payment system provider.
22.1.2. provide us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card or bank account details and billing information as required without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete.
22.1.3. We reserve the right to refuse to continue with your purchase, or put on hold or terminate your access to the Websites, Apps and Membership or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the purchase;
22.1.4. Pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the purchase ("the costs"); and
22.1.5. All costs are in Australian dollars (AUD) unless otherwise indicated.
23. Introductory Offers
23.1. From time to time various introductory offers may be promoted and found on our website. The Introductory offer will commence immediately after signup. Upon expiration of the Introductory Offer pursuant to the Offer or Event Pack purchased, you will be charged in advance the full membership fee (Including taxes, not including transaction/bank charges). Your membership fees will be charged to the credit card or bank account you nominated on registration.
24.1. Title of the purchase will pass to you on receipt of full payment from you or when you receive the purchase, whichever happens later.
24.2. Risk of loss or damage to the purchase will pass to you when we provide the purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.
24.3. Where we send you the purchase by email delivery, and you claim that you have not received such delivery, then you must contact our Billing Department email at email@example.com within 7 days of the date by which you placed the order for the purchase for Energy Transactions Pty Ltd to investigate your claim.
25.1. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of Membership, and/or the products and services offered by the Websites, and as we make no representations to you in respect of your use of MindbodyHQ, and/or the products or services offered by the Websites, we provide no warranty as to any results or outcomes associated with using the MindbodyHQ Membership nor in respect of any use of the products or services offered by the Websites.
25.2. You expressly acknowledge that your use of the Websites, Apps and Membership and its products and/or services is at your sole risk.
25.3. At our sole discretion, any claim for a refund will be considered on a case by case basis and ‘Energy Transactions Pty Ltd reserves the right to either provide you with a refund once the case is reviewed or refuse your claim.
25.4. To seek a refund, you must email firstname.lastname@example.org.
26. Medical Disclaimer
26.1. We are not a medical organisation we do not and cannot give or purport to give you any medical advice or assistance in any form. Nothing in the Websites, Apps or Membership or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.
26.2. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Websites and/or participation in the Membership and/or its products and services. MindbodyHQ will encourage you to seek appropriate medical advice or assistance before embarking on any use of the Membership and/or its products or services.
26.3. You agree that Energy Transactions Pty Ltd nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Websites, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Websites, Apps and Membership, or its products and services, is at your sole risk.
26.4 https://tests.mindbodyhq.com offers a complimentary happiness and stress assessment. By clicking the 'find my score' button you accept all terms and conditions within this contract. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Websites and/or participation in the Membership and/or its products and services
27. Limitation of Liability
27.1. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury, mental strain/duress or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
28. Our Rights to Modify Services
28.1. You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Websites, Apps and Membership and/or the Terms and Conditions, as we see fit.
28.2. We will publish any intended changes on the Websites and/or Forum and you will be deemed to have accepted such changes when you first access the Websites, Apps or Membership following our publication of the notice of change on the Websites.
29.1. These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
30.1. You agree to indemnify us to the full extent needed from any and all third- party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Websites and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
30.2. You are liable for all content posted by you on the Forum.
30.4. You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.
31. Breach of Contract
31.1. The customer and Energy Transactions Pty Ltd each hold reciprocal rights of termination for a material breach of any term or condition of contract. The contract will be terminated upon receipt of written notice outlining the relevant breach.
32.1. Entire agreement: These Terms and Conditions form the entire agreement between you and us in relation to the Websites, Apps and your use of them.
32.2. Waiver: Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
32.3. Competition and Program start dates may vary and are at the discretion of the Websites owner.