This website, Bright July (Site) is operated by Luxi Health Pty Ltd (ABN: 60 689 732 910) (we, our or us). These website terms of use (Terms) apply to your use of, and access to, the Site only. Participation in the Bright July campaign is subject to separate Promotion Terms, which are available on the Site.
In these Terms, "User" refers to any person who accesses or browses the Site or participates in the Bright July campaign, and "Listed Practitioner" refers to any optometrist or clinician who registers to have their practice listed on the Site.
Information and availability
While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.
No Medical Advice
The Site and its content, including any articles, podcasts, and information about outdoor time and eye health, are designed solely for general wellness, lifestyle and public awareness purposes. Nothing on the Site constitutes medical advice.
You must not use the Site or its content to:
- diagnose, treat, cure or prevent any disease or medical condition;
- make medical decisions or replace consultations with qualified healthcare professionals; or
- monitor or manage any health condition.
Any information on the Site, including content relating to outdoor time, light exposure and eye health, is for general informational purposes only and should not be relied upon for any medical, therapeutic or clinical purpose. If you have any health concerns, including concerns relating to eye health, you must consult a qualified healthcare professional before making any decisions based on information from the Site.
Sun Safety
While outdoor time is beneficial, always practice sun safety:
- use appropriate sun protection, including sunscreen, hats and sunglasses;
- avoid prolonged exposure during peak UV hours; and
- stay hydrated and seek shade when needed.
Intellectual Property rights
Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property).
We authorise you to access and use the Site solely for your own personal use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.
Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:
- copy or use, in whole or in part, any of Our Intellectual Property;
- reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or
- breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.
Nothing in the above clause restricts your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:
- you do not assert that you are the owner of the Content or Our Intellectual Property;
- unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
- you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
- you comply with all other terms of these Terms.
By registering as a Listed Practitioner, you grant us a non-exclusive, royalty-free licence to display your practice name, logo, address and contact details on the Site for the purposes of the listing. This licence continues for the duration of your listing and terminates upon removal of your listing in accordance with these Terms.
Conduct we don't accept
You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes:
- anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- using the Site to defame, harass, threaten, menace or offend any person;
- using the Site for unlawful purposes;
- interfering with any user of the Site;
- tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;
- using the Site to send unsolicited electronic messages;
- using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
- facilitating or assisting a third party to do any of the above acts.
Listed Practitioners must not make any false, misleading or deceptive claims about their services, qualifications or expertise in connection with their listing, or use their listing to engage in conduct that would constitute a breach of any applicable professional or regulatory standards.
User Content
Posting Content: Users may have the opportunity to upload or post content, including text, images, videos, and other multimedia files to the Site (User Content), subject to our approval and these Terms. We reserve the right, at our sole discretion, to allow or prohibit the posting and hosting of User Content on our Site.
Licence to Use User Content: By uploading or posting User Content on this Site, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, and perform the User Content in connection with the Site and our (and our successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
User Responsibilities: You are solely responsible for your User Content and the consequences of posting or publishing it. You confirm that you own or have the necessary licences, rights, consents, and permissions to publish the User Content you submit.
Content Accuracy and Compliance: You agree that any User Content you provide does not and will not breach any law or infringe the rights of any third party, including copyright, trademark, privacy, and data protection laws.
Removal Rights: We reserve the right to edit or remove any User Content or practice listing at any time without prior notice, for any reason, and without liability to you or any other party, including where we consider it to violate these Terms, to be inaccurate or inappropriate, or to be inconsistent with the purposes of the Site.
No Obligation to Publish: We are not obligated to publish any User Content or practice listing on our Site and may remove it at our discretion, without notice.
Practice Listings
Registration: To register as a Listed Practitioner, you must be a qualified and currently registered optometrist or clinician. By submitting a registration, you represent and warrant that you meet this requirement.
Listing Details: You are solely responsible for ensuring that your practice name, website, phone number and email address as displayed in your listing are accurate, complete and up to date.
Consent to Display: By registering, you consent to your practice details being displayed on the Site and shared with campaign participants.
No Endorsement or Guarantee: A listing does not constitute our endorsement of your practice or services, and we make no representations about the volume of referrals, enquiries or commercial outcomes that may result from your listing.
Removal: You may request removal of your listing at any time by contacting us. We reserve the right to remove or edit any listing at our sole discretion and without notice.
Third party sites
The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
Our liability is limited
You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content, including any loss suffered by a Listed Practitioner arising out of or in connection with their listing.
Privacy
We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on the Site) sets out how we will collect and handle your personal information.
What happens if we discontinue the Site
We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.
Which laws govern these Terms
These Terms are governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Changes to these Terms
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.
For any questions and notices, please contact us at:
Luxi Health Pty Ltd
ABN 60 689 732 910
hello@brightjuly.com.au
© LegalVision ILP Pty Ltd