Please read the following terms relating to the services, which are provided by Dying to Understand Limited A.C.N.627 476 135 (we, us, our, or Dying to Understand).
Your decision to register to become a Member and access the Service means you acknowledge that you have read, understood and agree to be bound by the terms contained in this agreement (Terms). These Terms govern your use of the services offered under the ‘DIY’ Membership services and/or the ‘Pay As You Go’ membership services (the Service). Your access to the Service is conditional upon your acceptance and ongoing compliance with these Terms.
We may at any time and at our sole discretion, amend, revise or modify these Terms and/or the Service. This may result in additional services being provided, or some of the existing services being terminated.
Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review these Terms. You agree to be bound by such changes, modifications or revisions as made by us from time to time.
How to access the Service
Dying to Understand provides Members with access to restricted areas of the Dying to Understand website, which is located on the www.dyingtounderstand.com website (the Website). You must be a current and valid Member to access the Service and the associated benefits.
Once you become a Member, your Membership is ongoing, until such time that your Membership and/or agreement with us is terminated, in accordance with these Terms.
Membership entitles you to a non-exclusive, non-transferable right to access and use the Service, subject to these Terms. Membership occurs when you register to become a Member, at which time, you warrant and represent that:
- you meet all applicable legal requirements, including age requirements, for doing so;
- you have authority to agree to these Terms;
- the personal information you provide when registering to become a Member is accurate, and that you will keep your contact information up to date;
- you will not use any user name or display name that is likely to mislead or deceive other users;
- you will not use any user name or display name that incorporates the name, image or likeness of another person;
- you are not registering to become a Member for anyone other than yourself without that other person’s permission;
- will not transfer your Membership to anyone without our prior written agreement;
- you will keep your Membership secure and that you will not share your password or Membership, or do anything else so as to jeopardise the security of your Membership;
- you will notify us immediately if you believe that any files or information you have accessed via the Service contains viruses, spyware or other forms of malware;
- you have read and understand the Terms and agree to be bound by them; and
- you will only use the Service and your Membership for lawful purposes.
You further agree and acknowledge that you are solely responsible for keeping all relevant and personal information, including but not limited to your Membership user name, passwords and other security features, confidential and secure to prevent unauthorised use of your Membership. If you reasonably suspect that the security of your Membership is compromised, you must notify us immediately. You agree to be solely responsible for any conduct associated with, or originating from, your Membership.
To the full extent permitted by law, we exclude liability or responsibility for any damages, liabilities, costs and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, any breaches of the security of your Member Account, resulting from your act or omission to act.
From time to time, you may change information relating to your Membership. You undertake to update your Membership details with true and accurate information at all times. We undertake to take all due care with any information you provide to us when creating, updating and accessing your Membership, and we are bound in compliance with:
In relation to the Website and/or Service, you must not:
- use the Website and/or the Service for any activities or post or transmit via the Website and/or Service, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
- use the Website and/or Service to post or transmit any material which interferes with other users or defames, trolls, harasses, bullies, intimidates, threatens, abuses, menaces or restricts any person or which inhibits any user from using the Website and/or Service;
- use the Website and/or Service to post or transmit any material where doing so violates the intellectual property rights, confidentiality or trade secrets of another party;
- use the Website and/or Service to post or transmit content that contains violence (including self-harm), hate speech, obscenity, nudity or pornography;
- use the Website and/or Service to send unsolicited email messages;
- use the Website and/or Service to express any view that may be of a religious, political, sexist or financial nature;
- use the Website and/or Service for the purpose of advertising, selling or offering for sale, any third party product or service;
- use the Website and/or Service to post or transmit content that contains, or amounts to, advertisement, attempted business solicitations, marketing materials or sales promotional materials;
- in any way tamper with, hinder or modify the Website and/or the Service;
- knowingly transmit any viruses, spyware or other forms of malware or other disabling features to the Website and/or Services or via the Website and/or the Service; or
- attempt any of the above acts or encourage, or facilitate, or assist another person to do any of the above acts.
You agree and acknowledge that:
- some views expressed by other Members are of a personal nature and, therefore, you must not vilify any other Member for expressing their own views; and
- all posts made by other Members are for the greater good of all Members and should be made in consideration of the sensitive nature of emotions, in difficult stages of life.
Dying to Understand may monitor the activities and conduct of Members. We may also use keyword monitoring whereby certain key words may alert and trigger investigation. Dying to Understand reserves the right to employ any other measures we deem reasonable to monitor users in order to prevent the misuse of the Website and/or the Service in regards to any illegal or criminal activity, or other activity contrary to these Terms.
Dying to Understand and user generated content
We do not endorse or lend any credence for any statements that are made by any users of our Website.
You are fully responsible for your own statements and materials that you post, store or distribute via our Website and any consequences, whether or not foreseen, to any party who may rely upon these statements or materials. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
You agree that we may delete any statements and materials that you post, store or distribute via the Website, for any reason, in our sole discretion. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content.
By posting, storing or distributing any information, statements, materials or other content via our Website, you grant us a perpetual, irrevocable, royalty free licence in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known, or later discovered.
You grant to third party Members a perpetual, non-revocable, royalty free licence to view, download, store and reproduce your content, but such licence is limited to the personal use of such other party lawfully accessing the content you have posted or distributed.
To avoid any confusion, you own the content that you generate or post via the Website at all times and you merely consent to us, and other Members, to reproduce your content for personal use.
You agree and acknowledge that, with the exception of user generated content, Dying to understand owns all intellectual property in the Website and the Resources.
Payment for the Service
You acknowledge and agree that:
- the Membership Fee must be paid in full via INSERT PAYMENT METHOD, in accordance with any payment facility provided by Dying to Understand;
- Dying to Understand reserves the right to vary the Membership Fee, from time to time; and
- the Membership Fee is non-refundable, where the Service have been provided in accordance with these Terms.
There are no charges relating to our ‘DIY’ membership, as promoted on our Website, from time to time.
The Membership Fee is in Australian Dollars (AUD) and is inclusive/exclusive of GST.
Term of agreement
These Terms commence on the Membership Date and will continue, until such time that they are terminated under these Terms.
Acceptance will be deemed to have occurred when Dying to Understand communicates its acceptance to you in writing, including via email.
Dying to Understand may gather the data that you provide at the time of registering to become a Member, in order to improve the opportunities available to all Members. This data will be used only in accordance with the Dying to Understand privacy policies, as referred to above in these Terms.
Dying to Understand may terminate these Terms if you have committed any material breach of these Terms and in the case of a breach capable of being remedied, you have failed to remedy the breach within ten (10) days after the receipt of a written request from Dying To Understand.
You may terminate or upgrade your Membership at any time.
Dying to Understand will, upon termination of your Membership and/or these Terms disable your user name and password and consequently, deny you access to the Service.
Representations and warranties
Subject to all applicable laws, all Service provided to you by Dying to Understand via the Website are provided ‘as is’ and we make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.
Exclusions and Limitations of Liability
To the extent permitted by law, Dying To Understand will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:
- suspension or cancellation of your Membership;
- your use of the Service;
- any interruptions or delays in accessing the Website or any third party websites; or
- circumstances beyond the reasonable control of Dying to Understand,
whether in contract, tort (including negligence) or otherwise.
All conditions and warranties, which may be implied by law into these Terms, are excluded except to the extent that it would be unlawful to do so.
To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Terms, is limited, at our option, to one or more of the following:
- the resupply of the Service; or
- the payment of the Membership Fee, where applicable
To the full extent permitted by law, you agree to indemnify Dying to Understand from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from your use of the Service.
Any notice to be given by Dying to Understand under these Terms, or in relation to the Service, must be provided to us via email. Such notice shall be deemed to have been given at the time the email was received by Dying to Understand.
You shall not assign, transfer or sub-licence any of your rights or obligations under these Terms, except with the prior written consent of Dying to Understand.
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website and/or Service may not be legal by certain persons or in certain countries. If you access the Website and/or Service, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction, and any other laws applicable to you.
All rights not expressly granted in the Terms are reserved.
Where you have deleted data, including personal information, such data may persist in back-up copies for a reasonable time.
Jurisdiction and Applicable Law
These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to conflict of law provisions. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Queensland and Courts of Appeal from them for determining any dispute concerning these Terms. This clause will survive a termination of these Terms.
In this document:
Member means the person, who has registered to become a Dying to Understand member.
Membership means a Dying to Understand membership.
Membership Date means the date that a person registers to become a Member.
Membership Fee means the fee that is payable to Dying to Understand in relation to a Membership.
Resources means the Dying to Understand resources, including articles and eBooks, that you may access via your Membership.
Service means the service that Dying to Understand provides to its Members, pursuant to the ‘DIY’ Membership services and/or the ‘Pay As You Go’ Membership.
Terms means this Dying to Understand Membership Terms document.
Website means the website displayed at www.dyingtounderstand.com.
Please email us if you have any questions relating to these Terms.
These Membership Terms were last updated on 7 August 2018.