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Terms of Use

 

Please read these Terms of Use carefully before using this website (www.humancondition.com) (“Website”) or submitting any information, as the Terms of Use affect your legal rights and obligations.

 

This Website is an online information site published by WTM Publishing and Communications Pty Ltd (ACN 103 136 778) (WTMP&C). It contains and consists of information, content and interactive services created, provided and contributed by WTMP&C, World Transformation Movement (ACN 003 930 023) (WTMA), World Transformation Movement, Inc. (WTMI), Fedmex Pty Ltd (ACN 096 099 286) (“Fedmex”) and other parties and individuals including World Transformation Movement Centres located around the world (all these entities and individuals collectively referred to as the WTM Contributors”). Each time you use or access this Website or its interactive products and services (collectively, your “Access”) you signify your agreement be bound by (a) these terms and conditions and notices on this webpage as amended from time to time (“Terms of Use”), and (b) the Website’s Privacy Policy (the “Privacy Policy”), found at (www.humancondition.com/privacy-policy/). In addition, if you are using a particular service on this Website, you will be subject to any rules or guidelines applicable to those services, and they are incorporated by reference within these Terms of Use. WTMP&C reserves the right to change, modify, add or remove sections of the Terms of Use at any time. Please check this page periodically for modifications. If you do not agree to be bound by the Terms of Use, do not use or download material from this Website and do not provide or submit content or information to this Website. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

 

By your Access to the Website, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

 

1 Ownership of Materials on the Website

All materials on this Website, including without limitation:

 

i) software, source code, scripts, site layout, design, text, images, graphics, audio-visual material and any other intellectual property; and

 

ii) the registered and unregistered trade marks, service marks and logos contained therein;

(collectively, the “Materials”), are owned or used under licence by WTM Contributors or published by WTMP&C under licence from Fedmex and are protected by Australian copyright laws, Unites States of America copyright laws, international copyright treaty provisions, Australian trade mark laws, USA trademark laws, other international trade mark laws and other intellectual property laws and rights under law.

 

Materials are provided to you as is for your information and personal use and you must not publish, copy, display, distribute, transmit, perform, modify, create derivative works from, or sell any information, products or services obtained from this Website, except as otherwise expressly permitted under applicable law or as described in these Terms of Use. You must not use the Materials for commercial purposes without first obtaining our express written authority.

 

2 Downloading material

You may print or download Materials (where applicable) on the Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted by the Copyright Act 1968 (Australia), subject to law no part of the Materials may be reproduced by any process without written permission unless expressly provided for within the Terms of Use. Use of Materials on this Website for any purpose not expressly permitted in the Terms of Use is prohibited. For enquiries see section 15 below.

 

3 Your conduct

By your Access to this Website or any products or services provided in connection with it, you agree that: (i) you will not use the Website or the Materials in any manner or for any purpose which may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Website or any service provided; infected with a virus or other harmful programming routine; giving rise to any civil or criminal liability; or in violation of any applicable local, national or international law; (ii) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; (iii) you will not collect or harvest information about other users; (iv) you will not provide or submit any User Content that may give rise to any of WTMP&C, Fedmex, the other WTM Contributors, or any of their respective directors, officers, shareholders, members, volunteers, subsidiaries, affiliates, agents, licensors or content providers being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including, but not limited to, laws relating to copyright or trademarks.

 

4 Submission of Content to This Website

By providing or submitting any content or information to this Website or to WTM Contributors by any means (“User Content”), subject to the obligation to hold any confidential personal information you have submitted in accordance with our Privacy Policy: (i) you agree to grant each of the WTM Contributors a worldwide, royalty-free, perpetual, non-exclusive right and license (including any other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part, in relation to such User Content. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently; (ii) you warrant and represent that you have all legal, moral, and other rights in the User Content that may be necessary to grant each of the WTM Contributors the license specified in this section 4; (iii) you acknowledge and agree the licence granted to each of the WTM Contributors may be assigned or transferred by any of them to any third party without notice to you; (iv) you acknowledge and agree that WTMP&C will have the right (but not obligation), at its discretion, to refuse to publish, or to remove, or to block access to any User Content provided by you, at any time and for any reason, with or without notice to you; and (v) you consent to all or any acts or omissions by WTM Contributors or persons authorised by WTM Contributors which may infringe any of your moral rights in the User Content, including but not limited to as described in Part IX of the Copyright Act 1968 (Australia).

 

5 Health Disclaimer

WTMP&C, Fedmex and the other WTM Contributors seek to provoke discussion and thought. They recognise that some people have different views or find these matters confronting. As is emphasised in all major WTM publications and in FAQs 1.19 & 3.10 available on this Website, please be aware that the WTM Contributors cannot provide personal advice and the information provided should not be used as, or as a substitute for, professional counselling. If you suffer from or have a history of mental health issues or psychological instability you should not act on the basis of anything contained on this Website or communicated to you by any WTM Contributor without first obtaining professional advice specific to your circumstances. Never disregard professional mental health or medical advice or delay in seeking treatment because of something you have seen on this Website or received in communications from any WTM Contributor. You must make your own assessment of the information contained on this Website or in communications from any WTM Contributor and, if you choose to rely on it, it is wholly at your own risk. If you suffer from or have a history of mental health issues or psychological instability you should heed the warnings about how confronting the issue of the human condition can be and seek advice from your healthcare professional about becoming or continuing to be involved in any of the WTM Contributors’ activities. As set forth in detail below, subject to law, the WTM Contributors will not be liable for any direct, indirect, consequential or special damages arising from the Materials, information, products or services contained on the Website or communications between you and any WTM Contributor.

 

6 Warranty Disclaimer

You agree that your Access to the Website and the Website’s information, products and services shall be at your sole risk. To the fullest extent permitted by law, WTMP&C, Fedmex, the other WTM Contributors or any of their respective directors, officers, shareholders, members, volunteers, subsidiaries, affiliates, agents, licensors or content providers disclaim all warranties, express or implied, in connection with the Website and your use thereof of the Website’s products and services. To the fullest extent permitted by law, WTM Contributors do not make any warranties or representations about the accuracy, adequacy or completeness of the information and we do not accept any responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this Website. We do not guarantee or warrant the Website will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Materials are provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness. Accordingly, we are not liable for any loss suffered as a result of any such viruses or defects.

 

7 Limitation of Liability

To the extent permitted by law, WTMP&C, Fedmex, the other WTM Contributors or any of their respective directors, officers, shareholders, members, volunteers, subsidiaries, affiliates, agents, licensors or content providers will not be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising (whether in negligence or otherwise), in connection with: (i) your Access to the Website and the Materials; (ii) any errors or any omissions from the Materials including typographical or photographical errors; (iii) any technical malfunction, error, virus, delay or interference on the Website; (iv) personal or psychiatric injury of any nature whatsoever resulting from your Access to the Website, the Website’s information, products and services or communications between you and any WTM Contributor; and (v) any loss or damage of any kind incurred as a result of your Access to the Website or the Website’s information, products and services, whether based on warranty, contract, tort, or any other legal theory.

 

8 Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless each of WTMP&C, Fedmex, the other WTM Contributors and their respective directors, officers, shareholders, members, volunteers, subsidiaries, affiliates, agents, licensors from and against all losses, expenses, damages and costs arising from or relating to (i): your Access of this Website or the Website’s information, products and services; (ii) any failure to comply with these Terms of Use; or (iii) any reliance by you on any information obtained through the Website. This defence and indemnification obligation will survive these Terms of Use and your Access to the Website.

 

9 Links to Other Websites

The Website may contain links to third party sites (“Linked Sites”). Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (“Subsequent Site”). We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by WTM Contributors or any of their respective directors, officers, agents, employees and contractors. Your use of any Linked Site or Subsequent Site is at your own risk.

 

To the extent permitted by law, WTM Contributors, or any of their respective directors, officers, agents, employees and contractors do not give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor do they accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.

 

10 Termination

We may terminate your Access to this Website at any time without notice. The Terms of Use will nevertheless survive any such termination.

 

11 Governing Law

These Terms of Use are governed by the laws of Australia and the state of New South Wales. In the event of a dispute arising from or relating to your use of this Website, you submit to the exclusive jurisdiction of the state of New South Wales.

 

12 Copyright

This Website is operated, and the information on it published, by WTMP&C under licence from Fedmex and is protected by copyright under the laws of Australia and all other countries that are signatories to the Berne Convention.

 

Copyright © Fedmex Pty Ltd (ACN 096 099 286) 1998-2020. All rights reserved.

 

13 Trademarks

‘WTM’, WORLD TRANSFORMATION MOVEMENT and the WTM logo of ‘the arms-raised man before the rising sun’ are trade marks of Fedmex. Except as permitted by the applicable laws, you are prohibited from using any of the marks appearing on this Website without written consent from the respective trade marks owners.

 

14 General

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and WTM Contributors’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. These Terms of Use, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by WTM Contributors for reasonable business purposes without restriction.

 

15 Enquiries

To request copies or copyright clearance to reproduce Materials that are displayed on this Website, contact:

WTM Publishing and Communications Pty Ltd

GPO Box 5095

Sydney, NSW 2001

AUSTRALIA

Email: [email protected]