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Terms of Service

This website and its related services, products, websites, tools and applications (Platform) is owned and operated by Swipe Health Platforms Pty Ltd ACN 640 313 435 trading as Rumi Discussion Platforms (Rumi).

These terms of service (Terms of Service) set out the terms on which we agree to give you access to use the Platform and our Services. Other terms and conditions contained in our privacy policy (Privacy Policy) and elsewhere on our Platform also form part of our agreement with you.

Please carefully read these Terms of Service. By using the Platform or obtaining our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to be bound by these Terms of Service, you must not use the Platform or our Services. We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon publication on this Platform. Your continued use of this Platform and our Services following this publication will represent an agreement by you to be bound by the terms and conditions as amended.

  1. Definitions & Interpretation

    1. Definitions

      In these Terms of Service unless inconsistent with the context or subject matter:

      1. Account: means a User’s account to use the Platform.

      2. Applicable Laws: means any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you are located.

      3. Forum: means any forum operated by Rumi, and sponsored by a Sponsor on the Platform, including without limitation: discussion threads, forums, virtual committees, advisory boards and other project types added by Rumi from time to time.

      4. Insolvency Event means:

        1. a person is or states that the person is unable to pay from the person’s own money all the person’s debts as and when they fall due;

        2. a person is taken or must be presumed to be insolvent or unable to pay the person’s debts under any applicable legislation;

        3. an application or order is made for the winding up or dissolution or a resolution is passed or any steps are taken to pass a resolution for the winding up or dissolution of a corporation;

        4. an administrator, provisional liquidator, liquidator or person having a similar or analogous function under the laws of any relevant jurisdiction is appointed in respect of a corporation or any action is taken to appoint any such person and the action is not stayed, withdrawn or dismissed within seven days;

        5. a controller is appointed in respect of any property of a corporation;

        6. a corporation is deregistered under the Corporations Act 2001 (Cth) or notice of its proposed deregistration is given to the corporation;

        7. a person enters into or takes any action to enter into an arrangement (including a scheme of arrangement or deed of company arrangement), composition or compromise with, or assignment for the benefit of, all or any class of the person’s creditors or members or a moratorium involving any of them;

        8. a petition for the making of a sequestration order against the estate of a person is presented and the petition is not stayed, withdrawn or dismissed within seven days or a person presents a petition against himself or herself; or

        9. a person presents a declaration of intention under section 54A of the Bankruptcy Act 1966 (Cth).

      5. Intellectual Property Rights: all present and future rights conferred by law in or in relation to copyright, trade marks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions and confidential information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable.

      6. Loss: any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

      7. Materials: all materials, documentation and information (whether reduced to written form or otherwise) provided by us to you at any time.

      8. our, us and we: Rumi.

      9. Participant: means a User who uses the Platform to participate in Forums.

      10. Policy: any policy of Rumi in place from time to time (including the Privacy Policy).

      11. Privacy Legislation: means the Privacy Act 1988 (Cth), including Australian Privacy Principles, and the guidance and codes of practice issued by the Office of the Australian Information Commissioner from time to time.

      12. Privacy Policy: the terms of the Rumi Privacy Policy published on the Platform as amended from time to time.

      13. Services: any services we provide to you, including the Platform.

      14. Sponsor: means a User who sponsors Forums on the Platform.

      15. State: New South Wales.

      16. Terms of Service: these Terms of Service and any amendments to these Terms of Service from time to time.

      17. User: any person who uses the Platform.

      18. User Content: such content uploaded to or stored on the Platform by you, transmitted by the Platform at your instigation, or supplied by you to Rumi for uploading to, transmission by or storage on the Platform in accordance with clause 9.2.

      19. you and your: a User.

    2. Interpretation

      In these Terms of Service, the following rules of interpretation apply, unless the contrary intention appears or context otherwise requires:

      1. Headings and subheadings are for convenience only and do not affect the interpretation of these Terms of Service.

      2. References to parties are references to the parties to these Terms of Service.

      3. References to a party to any agreement or document include that party’s permitted assignees and successors, including executors and administrators and legal representatives.

      4. Words denoting the singular include the plural and words denoting the plural include the singular.

      5. Words denoting any gender include all genders.

      6. The word ‘person’ includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any government agency.

      7. A reference to a body (other than a party to these Terms of Service), whether statutory or not, that ceases to exist or has its powers or functions transferred to another body is a reference to the body that replaces it or that substantially succeeds to its powers or functions.

      8. A reference to any agreement or document (including these Terms of Service) includes any amendments to or replacements of that document.

      9. A reference to a law includes:

        1. legislation, regulations and other instruments made under legislation and any consolidations, amendments, re-enactments or replacements of them;

        2. any constitutional provision, treaty or decree;

        3. any judgment;

        4. any rule or principle of common law or equity,

          and is a reference to that law as amended, consolidated, re-enacted, replaced or applied to new or different facts.

      10. Any promise, agreement, representation or warranty given or entered into on the part of two or more persons binds them jointly and each of them severally.

      11. Any promise, agreement, representation or warranty given or entered into on the part of two or more persons is for the benefit of them jointly and each of them severally.

      12. No provision of these Terms of Service will be construed adversely to a party because that party was responsible for the preparation of that provision or these Terms of Service.

      13. If a period of time begins on a given day or the day of an act or event, it is to be calculated exclusive of that day.

      14. A reference to time is a reference to time in the capital city of the State.

      15. A reference to a day is a reference to a day in the capital city of the State.

      16. A reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.

      17. If any act is required to be performed under these Terms of Service by a party on or by a specified day and the act is performed after 5.00 pm on that day, the act is deemed to be performed on the next day.

      18. If any act is required to be performed under these Terms of Service on or by a specified day and that day is not a business day, the act must be performed on or by the next business day.

      19. A reference to an amount of dollars, Australian dollars, $ or A$ is a reference to the lawful currency of the Commonwealth of Australia, unless the amount is specifically denominated in another currency.

      20. Specifying anything in these Terms of Service after the terms ‘include’, ‘including’, ‘includes’, ‘for example’, ‘such as’ or any similar expression does not limit the sense of the words, description, definition, phrase or term preceding those terms unless there is express wording to the contrary.

      21. Where these Terms of Service is executed for a party by an attorney, the attorney by executing it declares that the attorney has no notice of revocation of the power of attorney.

      22. This Terms of Service includes all schedules, annexures, appendices, attachments and exhibits to it.

      23. A reference to writing or written includes email.

      24. Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.

  2. Using The Platform

    1. The Platform provides a secure online discussion platform designed to facilitate the discussion between Participants in response to questions and topics raised by Sponsors. The Platform provides Sponsors with the ability to sponsor Forums and invite Participants to participate in such Forums.

    2. Users (and those who act on behalf of them) who use the Platform as a sponsor of Forums are referred to as Sponsors and the specific provisions of clause 4 apply to them.

    3. Users who are invited by Sponsors to use the Platform to participate in Forums conducted by Sponsors are referred to as Participants and the specific provisions of clause 5 apply to them.

    4. Although the Platform facilitates the discussion, collaboration and running of Forums, you acknowledge that we are unable to control what other Users say or do, and we aren’t responsible for their (or your) actions, conduct or content. Rumi makes no guarantees that the provision of the Platform and/or the Services will result in any specific gain and the use of any information contained or gained in the Platform is solely at your own risk. Please review the content disclaimer in clause 11 and the general disclaimer in clause 12 below as it contains important information in this respect.

    5. Your use of this Platform is by non-exclusive, revocable licence granted by Rumi strictly in accordance with these Terms of Service.

    6. Our Platform is available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, please do not use our Services.

  3. Your Account

    1. In order to use some of the features on the Platform, you may need to register with us and set up an Account with your email address and a password or similar. Sponsors will be required to submit an application first and Participants are to be invited by a Sponsor to gain access.

    2. In creating and using an Account (or otherwise submitting your details):

      1. you must not use false or misleading information and must update your details should they change during the term;

      2. you must follow any password policies made available on the Platform from time to time (for Accounts);

      3. you are solely responsible for maintaining the confidentiality of your login information and you are liable for all activities that happen under your Account, even if you do not authorise such activities; and

      4. you must notify Rumi immediately if you become aware of any unauthorised use or access of your Account or other security breach.

    3. If we enable you to connect to the Platform with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy.

  4. SPONSORS

    1. Applying to be a Sponsor

      Sponsors must submit an application to us to join the Platform and set up an Account. We may in our sole discretion accept or reject an application, without any obligation to provide reasons.

    2. Sponsor obligations

      1. Upon request by us, the Sponsor must provide such documentation to us which we determine is necessary in considering your application.

      2. Sponsors acknowledge and agree that:

        1. they or their invited Participants are solely responsible for their Forums (including such content shared) and we will not have any liability for such; and

        2. they are not permitted to share contact information of any Participants with another User (accept with consent).

    3. Your access to the Platform

      Your access to the Platform will continue until terminated in accordance with these Terms of Service.

    4. Forums on the Platform

      1. Once you have been accepted as a Sponsor on the Platform and have paid any applicable fees, you will be able to set up and sponsor a Forum and invite your Participants. Without limitation to the other terms contained here, if you submit an application to us and/or sponsor a Forum on the Platform, you represent and warrant at all times that:

        1. the provision of the Forum, and the running of any Forums:

          1. is not in breach of these Terms of Service;

          2. will be in compliance with all Applicable Laws; and

          3. will not conflict with the rights of any third parties (including rights of confidentiality, privacy and/or intellectual property);

        2. all information provided in the application form and posted on the Platform (including without limitation such information about the Forum) is valid, true and correct in all respects, and you have not engaged in misleading or fraudulent conduct; and

        3. you have the legal right to run and sponsor the Forum, to display any content as it relates to the Forum and the running and sponsorship of the Forum on the Platform will not cause any liability for us or another User whatsoever.

      2. You are required to monitor your Forum at all times. In the event of any mention of adverse events, then you will be obliged to follow up such events, and request more information from the appropriate Participants involved in such Forum.

      3. If you are registering an Account as a Sponsor on behalf of the Sponsor, you represent and warrant that you have the authority to bind such Sponsor to these Terms of Service.

      4. Participants that you invite will have the right to terminate their Accounts in accordance with the terms as specified on the Platform.

    5. Fees and Payment Process

      1. In consideration of us providing the Platform to you and enabling you to run and sponsor your Forums on the Platform, you agree to pay to us:

         

        The fees payable and any limitations (such as a limit on the number of Participants) will be as specified on the Platform at the time you set up a Forum (or as otherwise advised by us in writing). Please note that standard fees are as set out on the Platform, and should you require additional functionality for your Forums (including the ability to add additional Participants), additional fees will be payable. We reserve the right, in our sole discretion, to charge a fee for any additional functionality or services which we consider to be outside the scope of our standard fees.

        1. a one-time set up fee per Forum; and

        2. the hosting fees for each Forum run and/or sponsored on the Platform.

      2. We reserve the right to increase any fees on giving at least 30 days written notice to you prior to the date the increase is to take effect.

      3. Fees are payable by way of bank transfer or as otherwise advised by Rumi.

      4. Unless otherwise stated, fees payable by you are exclusive of any goods and services tax, value added tax or similar tax and such taxes must be paid by you to us at the same time as payment of our fees.

      5. All fees stated on the Platform or otherwise advised by us are in AUD unless otherwise stated and you will be solely responsible for any international banking fees or currency related costs.

      6. You must pay all fees (as required) and other amounts without set-off or claim under any circumstance including if a dispute exists.

      7. We do not collect any fees from Participants.

    6. Overdue payments

      Where any part of the fees or other monies payable by you under or in connection with these Terms of Service are not paid by its due date, Rumi reserves the right to suspend your access to the Platform until all overdue amounts are received by Rumi in cleared funds.

    7. Trials

      In Rumi’s sole discretion, Rumi may offer free or discounted pricing for various Services accessible on the Platform. The terms of such use and any limitations will be as specified on the Platform at the time the Service is accessed. If Rumi offers a trial program, once the terms of that trial program have expired you agree that Rumi’s normal billing rates shall apply. You agree to comply with any restrictions or limitations placed on your Account during any free or discounted pricing term.

    8. Refunds

      1. Except to the extent set out under this clause, and to the extent permitted by law, we do not offer any refunds where a Forum has been cancelled or otherwise. Subject to the other terms of these Terms of Service we do not guarantee any minimum availability of the Platform, and do not offer any refund for any downtime of the Platform.

      2. If the Forum has been cancelled prior to going live, then you may be entitled to a refund of 50% off the final (second) invoice, at our discretion.

      3. We have no liability or obligation to you if a Participant terminates their agreement with you, or decides not to participate.

    9. Arrangements and Communications with other Users

      1. You acknowledge that any arrangement or communication entered into with a Participant is solely at your own risk and you are solely responsible for the provision of and running of the Forums. We are not a party to any arrangement entered into between you and a Participant. We have no control, influence or involvement in such arrangements. Our responsibilities are limited to facilitating the availability of the Services. We are not liable for any arrangements entered into between you and a Participant.

      2. If you submit content on the Platform you acknowledge and agree that you are solely responsible for such content and you post it at your own risk. We simply provide the Platform to allow Users to create content and enter into discussion, we do not provide such content and we have no obligation to regulate such content. To the extent permitted by law, we will not be liable for any Loss or damage suffered by you or any third party in connection with such content.

    10. Legal rights of Sponsors

      Your legal rights in connection with the provision of the information or content or otherwise of the Forum are against the Participant and not us.

  5. PARTICIPANTS

    1. Participants

      Participants are to be sponsored by a Sponsor to gain access to their Forums on the Platform. Access by the Participant is to be by personal arrangement between the Sponsor and the Participant (we are not a party to such arrangement). All fees and other terms of the arrangement are to be as agreed between the parties, we will not be liable to pay the Participant any fees.

    2. Forums on the Platform

      1. Participants can access the Platform and gain access to any Forums that they have been invited to by a Sponsor.

      2. To access and use the Platform, simply visit the link provided by the Sponsor and follow the prompts on the Platform. You acknowledge that any invitation to a Forum is subject to availability and confirmation of the Sponsor.

    3. Participant Obligations

      1. The Participant understands and agrees that it must not submit any individually identifiable medical information of a person without prior written consent from the respective person.

      2. The Participant warrants that:

        1. all information provided in the registration form and posted on the Platform (including without limitation any content) is valid, true and correct in all respects, and it has not engaged in misleading or fraudulent conduct; and

        2. it has the legal right to engage in the Forums and engaging in such Forums on the Platform will not cause any liability for us or another User whatsoever.

    4. Refunds

      We have no liability or obligation to you if any arrangement with a Sponsor does not operate as you intended it to, or if they fail to pay you. If you have rights to a refund under applicable laws, then your rights to a refund are against the Sponsor and not us.

    5. Arrangements and Communications with other Users

      1. Sponsors are a third party unrelated to us. The Sponsor may have its own terms and conditions that are applicable to the running of Forums. We are not a party to any contract between you and Sponsors. All contractual and payment arrangements are the sole responsibilities of the parties and not us.

      2. You acknowledge that any arrangement or communication entered into with a Sponsor is solely at your own risk. We have no control, influence or involvement in such arrangements. Our responsibilities are limited to facilitating the availability of the Services. We are not liable for any arrangements entered into between you and a Sponsor.

      3. If you submit content on the Platform you acknowledge and agree that you are solely responsible for such content and you post it at your own risk. We simply provide the Platform to allow Users to create content and enter into discussion, we do not provide such content and we have no obligation to regulate such content. To the extent permitted by law, we will not be liable for any Loss or damage suffered by you or any third party in connection with such content.

    6. Legal Rights of Participants

      Your legal rights in connection with the provision of the information or content or otherwise of the Forum are against the other Users and not us.

  6. Prohibited Use

    1. You acknowledge and agree that you must not use the Platform and/or the Services (or submit any information on the Platform including on Forums or other communication facilities):

      1. in a way that violates these Terms of Service;

      2. for unlawful or dangerous activities or purposes;

      3. in a way that is fraudulent, inaccurate, false, misleading or deceptive (including in a way that impersonates others);

      4. in a way that would infringe any third party’s rights (including intellectual or other proprietary rights);

      5. in a way to commit forgery (or attempted forgery), or harm minors in any way;

      6. in a way that collects, stores, inputs, uploads, posts, discloses or transmits personal information or data about others, including, without limitation email addresses;

      7. in a way that is in breach of any of our policies;

      8. in a way that is defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;

      9. in a way that damages the credibility of the Platform or us or that creates liability for us;

      10. to distribute any virus, trojan horse, worms or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Platform;

      11. in connection with the distribution of unsolicited commercial email ("spam") or advertisements;

      12. to resell or provide the Services for a commercial purpose;

      13. in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of this Platform;

      14. in a way that uses any robot, spider, scraper, data mining tools, data gathering and extraction tools or other automated means to access our Services; or

      15. in a way that violates any Applicable Law.

  7. Access & Termination

    1. Your right to terminate

      1. You may terminate these Terms of Service at any time without cause by giving notice to us of your intention to terminate or following the prompts on the Platform. In the case of Sponsors, where you terminate these Terms of Service, except where expressly set out in these Terms of Service or we are in breach of these Terms of Service (and fail to rectify that breach within a reasonable time from being given notice to you) no pro-rata refund will be offered to you.

      2. If you require assistance in terminating, you should contact us.

    2. Our right to terminate, suspend or restrict

      1. We may terminate these Terms of Service or your Account at any time without cause on giving notice to you. In the case of Sponsors we may only offer a pro-rata refund if we terminate your access prior to use of any Forums prepaid, where termination is under clause 7.2(b)(i) at no fault of yours. Otherwise no pro-rata refund will be provided.

      2. In additional to our general right to terminate these Terms of Service, we may immediately suspend, restrict or terminate these Terms of Service and/or your access to all or part of the Platform immediately where:

        1. it is reasonably necessary for security, technical, copyright or operational reasons;

        2. you breach any term of these Terms of Service;

        3. you violate the rights of any third party or us;

        4. we reasonably believe that you are engaged in illegal or fraudulent use of the Platform or that any User Content is inappropriate or unlawful;

        5. we reasonably believe that you are using the Services in a way that would cause Loss or damage to or otherwise cause legal liability to us, other users, third parties or disrupt others’ use of the Services; or

        6. you suffer an Insolvency Event.

    3. Functionality

      We reserve the right to withdraw, or amend, update or change the functionality or content of the Platform at any time, without notice. We will not be liable if for any reason the Platform is unavailable at any time or for any period of time or if at any time any functionality of the Platform is restricted. This includes without limitation changing the Forum types available on the Platform.

  8. Effects of termination

    1. On termination of these Terms of Service:

      1. your right to use the Platform is revoked and your access will be terminated;

      2. you must cease using the Platform; and

      3. in the case of the Sponsors all amounts payable by the Sponsor to us (including amounts that are not yet due) shall become immediately due and payable and must be paid within 7 days of termination without set-off or counter claim.

    2. We reserve the right to remove or delete any User Content associated with your Account within 14 days after the termination of these Terms of Service. It is solely your responsibility to download any User Content that is able to be downloaded before the expiry or termination of these Terms of Service.

  9. Intellectual Property Rights and data

    1. Our rights to the Platform

      You acknowledge and agree that:

      1. we (or our relevant licensors) own all right, title and interest in and to the Platform and the Materials including:

        1. the Intellectual Property Rights that subsist in each;

        2. any customisations of, and modifications to the Platform and the Materials;

        3. information or data, source codes or other information technology relating to or connected with the Services or Materials;

        4. marketing information relating to or connected with the Platform or Materials; and

        5. technical information, including trade secrets, drawings, plans, encryptions, codes and information relating to or connected with the Platform,

        however, excludes the User Content (defined below);

      2. no right, title or interest in any of the Platform and Materials is transferred or granted to you, except so far as expressly stated in these Terms of Service;

      3. you will not copy, reproduce, reverse engineer, decompile, translate, alter, modify, create derivative works or otherwise attempt to derive the source code of the Platform and the Materials, publicly display (other than on the Platform) any of our Intellectual Property Rights except with our prior written permission or permission of the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Platform;

      4. we are not liable or responsible for any Loss that you may experience in submitting information to us or for our use of your information in accordance with the licence granted below.

    2. Your content you provide us

      1. You acknowledge and agree that any content you upload, post or transmit through the Services (User Content) will remain your or your licensor’s property. We will not claim ownership over the User Content you provide to us. All of your User Content remains yours, subject to other arrangement you may enter into with another User (for example, if Participants post information in a Forum then the Participant may separately agree that their User Content becomes the property of a Sponsor).

      2. You agree that:

        1. you grant to us an unconditional irrevocable, worldwide, perpetual, fully paid-up, transferable, non-exclusive licence to use, reproduce, commercialise, modify, adapt, publish, transmit, distribute, communicate, translate, display and create derivate works of any User Content, in connection with the Services (this includes without limitation the right to authorise other Users and third parties to view, access, edit, use your User Content for the purpose as contemplated by the Services). We also reserve the right to cut, crop, edit or refuse to publish your User Content;

        2. you grant us a royalty-free licence to use your name, image, voice and likeness to identify you as the User Content creator (where you have chosen such option in the user profiles);

        3. you warrant that you own or have the necessary licences to post such User Content and that any User Content you provide us with will not infringe any rights of any third party (including intellectual property rights or confidentiality obligations) nor give rise to any liability to make royalty or other payments to any third party;

        4. you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner;

        5. all rights granted to the User Content under these Terms of Service will also apply to third party services that are integrated with the Services;

        6. other Users may be able to also extract such User Content; and

        7. we will not be liable in any way for any User Content.

    3. Content others provide

      Other Users may also make content available for you to access on the Platform. Where they do so, you acknowledge that you may only access and view this content for your informational, non-commercial and personal use. You are not permitted to copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any other content without our consent or the consent of the licensors of such content.

    4. Goodwill

      You acknowledge and agree that we may increase goodwill of the Services by your use of the Services, including the submission of User Content to the Services. You acknowledge that all goodwill associated with the Services inures exclusively to our benefit and that you have no right to share in any such goodwill.

  10. Privacy

    1. In respect of any Personal Information (as defined in the Privacy Legislation) that is included in User Content or otherwise provided to, collected or received by either party in connection with the Platform, you acknowledge and agree that you must comply with:

      1. the Privacy Legislation, and Personal Information in accordance with the Privacy Legislation (as it applies to you); and

      2. our applicable Policies and guidelines as made known from time to time.

    2. You warrant and represent that all Personal Information that you provide to us complies with this clause and these Terms of Service at all times. You must inform us immediately upon becoming aware of any breach by you of any Privacy Legislation in respect of Personal Information provided to us.

    3. If either party receives a request for access to or correction of any Personal Information from any person (including the Office of the Australian Information Commissioner) prior to providing such access to or correcting the information, it must notify the other party.

  11. Content disclaimer

    1. Content provided by others

      1. You acknowledge that we may provide you with access to content that is supplied by third parties unrelated to us.

      2. You acknowledge and agree that:

        1. Forums are operated by Rumi, however are sponsored by a Sponsor;

        2. we are not the author of such content and have no editorial control over such content. As a result, the views expressed are of such Users communicating together, and not our views;

        3. reliance on any information on the Platform is solely at your own risk;

        4. you are solely responsible for following, or not following, or making an assessment of any advice and/or use of any content that is made available for access on the Platform and that we are not responsible for any Loss that you may suffer as a result of your use of the Platform. You should make your own enquiries and obtain your own independent advice in relation to the information contained within the Platform and any content before making any decision or taking any action based on their contents;

        5. Users consent to being held solely responsible for content they provide; and

        6. we have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, legality, reliability, currency, accuracy, completeness or otherwise of any content provided by Users (including without limitation any qualifications or knowledge that a Participant may have).

    2. No medical advice

      1. You acknowledge and agree that:

        1. we are not a medical or healthcare provider and we do not supply, provide, manage or control the Sponsors on the Platform or any such content contributed by them or Participants;

        2. the content that we provide to you and in any linked or referred to materials or websites is not and should not be construed as medical advice. The content is provided as a convenience to you and is to be taken as general information only. The Platform is not intended to establish a doctor/health professional-patient relationship between us and you, nor is it intended to replace the services of a health care professional. The Platform is not a clinical tool and should not be relied on as a substitute for any professional medical or health advice, diagnosis or treatment. In cases of emergency services please contact public emergency services. You should not rely on any information contained in the Platform in making medical, health-related or other decisions;

        3. protocols and treatment information delivered through the Platform including advice, guidelines and techniques are provided as a general guideline only and are not prescriptive or intended to be a substitute for medical or other professional advice.

    3. Content jurisdiction

      We are based in Australia and make no representation or warranty with respect to whether the content or the Platform is appropriate, legal or will comply with applicable laws of other jurisdictions. If you access the site from outside Australia, you do so at your own risk and are responsible for compliance with the applicable laws of your jurisdiction.

    4. Survival

      This disclaimer applies to the fullest extent permitted by law and shall survive termination or expiry of these Terms of Service or your use of our Services.

  12. General Disclaimer

    1. You acknowledge and agree that your use of this Platform and the Services (including any Forum) is at your own risk. We provide our Services on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this Platform (including the Forums and anything relating to Sponsors or Participants). Subject to the other terms of this clause and to the maximum extent permitted by Applicable Laws, the Services are without warranty of any kind and we expressly exclude such warranties.

    2. You acknowledge and agree that:

      1. we cannot guarantee continuous operation of or access to our Services, or that your use of the Services will be error free;

      2. we do not represent or warrant that your use of the Services will meet your particular requirements, whether those requirements are disclosed to us or not;

      3. you assume total responsibility for your use of the Platform;

      4. we make no representations about the suitability of the Platform for any purpose;

      5. we make no guarantees that there will be no loss or corruption of User Content at any time;

      6. we do not take any steps to confirm the identity of Users and whilst we do use our best endeavours to confirm the identity of Users, because User authentication on the internet is difficult, particularly in cases of fraudulent or misleading conduct, we cannot and do not confirm nor warrant or guarantee as to each User’s purported identity, information or location.  We encourage you to use the Platform as a platform to conduct your own enquiries to vet other Users to your satisfaction;

      7. we do not endorse any Sponsor or Participant nor do we endorse any Forum on the Platform;

      8. we do not supply, provide, manage or control the Users on the Platform and are not responsible for their acts, omissions or otherwise. We have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, fitness for purpose, legality, accuracy, completeness or otherwise of:

        1. any information provided by Users to each other; 

        2. the ability of Users to undertake their respective obligations; or

        3. the fees charged by Users.

        Because of the foregoing, in the event that you have a dispute with one or more other Users, you release and hold us (and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) harmless from actions, claims, demands and Losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes;

      9. complex software is never wholly free from defects, errors and bugs, and we give no warranty or representation that the Platform will be wholly free from defects, errors and bugs; and

      10. we will maintain appropriate technical and organisational measures to protect the security of the User Content. However, we do not guarantee that unauthorised third parties will never be able to defeat those measures to access the User Content for improper purposes. You acknowledge that there are risks inherent in internet connectivity that could result in the loss of privacy, confidential information and User Content. Accordingly, any User Content that is transmitted by you is transmitted solely at your risk. You are is solely liable for your User Content.

    3. This disclaimer applies to the fullest extent permitted by law and shall survive termination or expiry of these Terms of Service or your use of our Services.

  13. Limitation of Liability & Release

    1. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms of Service to the maximum extent permitted by law.

    2. Without limitation to clause 13.1, we will not be liable for any Loss to you or any other person, due to or arising directly or indirectly from:

      1. your use or inability to use this Platform in any way;

      2. your reliance on the Platform;

      3. any Forums run through the Platform and any discussion (including without limitation any treatment, advice or information provided by a Participant and the quality or suitability of such);

      4. your failure to provide any truthful or accurate information;

      5. any User Content you provide; or

      6. any action taken on your Account.

      You hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors from all Loss suffered by you or any other person relating to or arising out of the provision of the Services or these Terms of Service.

    3. Subject to the other terms of this clause, our maximum aggregate liability to you in any 12-month period for any Loss or damage or injury arising out of or in connection with these Terms of Service, including any breach by us of these Terms of Service, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to the actual charges paid by you under these Terms of Service in the 3-month period preceding the matter or event giving rise to the claim.

    4. We exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms of Service.

    5. Nothing in these Terms of Service is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.

    6. If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option, the resupply of the services or the payment of the cost of resupply.

    7. Where you are or may be entitled to recover from a third party (such as an insurer) any sum in respect of any matter or event that could give rise to a claim under these Terms of Service, you must:

      1. use your best endeavours to recover that sum before making the claim;

      2. keep us informed of the conduct of such recovery; and

      3. reduce the amount of the claim to the extent that sums are recovered.

    8. In this clause "ACL" means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

    9. The limitations of liability and releases in this clause apply to the fullest extent permitted by law and shall survive termination or expiry of these Terms of Service or your use of our Services.

  14. indemnity

    1. You agree to indemnify and hold us and our related parties, harmless from and against any actions, claims, demands, proceedings, Losses of every kind, due to or arising out of:

      1. your breach or negligent performance or failure or delay to perform any obligations under these Terms of Service;

      2. any Forums run (including any User Content);

      3. your violation of any law or the rights of a third party;

      4. any claim made against us by a third party arising out of or in connection with the Forums;

      5. your disputes with Users;

      6. any action taken on your Account; and/or

      7. otherwise arising directly or indirectly from your use of the Services.

    2. Any amounts payable under this indemnity must be paid to us immediately on demand without set-off or counter claim.

    3. If a payment due under this clause 14  is subject to tax (whether by way of direct assessment or withholding at its source), we will be entitled to receive from you such amounts as will ensure that the net receipt, after tax, to us in respect of the payment is the same as it would have been were the payment not subject to tax.

    4. It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause 14.

    5. The indemnities in this clause 14:

      1. are continuing obligations on you, independent from your other obligations under these Terms of Service and survive termination or expiry of these Terms of Service or your use of our Services; and

      2. are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.

  15. Notices

    1. All notices authorised or required under these Terms of Service to be given by a party to the other shall be in writing sent by email.

    2. The following shall constitute proof of receipt: proof of dispatch by email.

    3. Receipt of a notice given under these Terms of Service will be deemed to occur on the business day immediately following the day of dispatch.

  16. General Provisions

    1. No Waiver

      1. No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms of Service unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.

      2. Words or conduct referred to in clause 16.1(a) include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.

    2. Assignment, Novation and Other Dealings  

      1. Rumi may assign or novate any rights that arise out of or under these Terms of Service without your consent and without notice to you.

      2. Any rights of yours that arise out of or under these Terms of Service are not assignable or capable of novation by you without the prior written consent of Rumi, whose consent may be withheld in its discretion.

    3. Severability

      1. If the whole or any part of a provision of these Terms of Service is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.

      2. Clause 16.3(a) does not apply if the severance of a provision of these Terms of Service in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under these Terms of Service.

    4. No Merger

      On completion or termination of these Terms of Service, the rights and obligations of the parties set out in these Terms of Service will not merge and any provision that has not been fulfilled remains in force.

    5. Further Action

      Each party must do all things (including completing and signing all documents) reasonably requested by the other party that are necessary to give full effect to these Terms of Service and the transactions contemplated by these Terms of Service.

    6. Time of the Essence

      Time is of the essence in these Terms of Service in respect of any date or time period and any obligation to pay money.

    7. Relationship of the Parties  

      1. Nothing in these Terms of Service gives a party authority to bind any other party in any way.

      2. Nothing in these Terms of Service imposes any fiduciary duties on a party in relation to any other party.

    8. Remedies Cumulative  

      Except as provided in these Terms of Service and permitted by law, the rights, powers and remedies provided in these Terms of Service are cumulative with and not exclusive to the rights, powers or remedies provided by law independently of these Terms of Service.

    9. Entire Terms of Service  

      These Terms of Service state all the express terms agreed by the parties about its subject matter. It supersedes all prior agreements, understandings, negotiations and discussions in respect of its subject matter.

    10. No Reliance  

      No party has relied on any statement, representation, assurance or warranty made or given by any other party, except as expressly set out in these Terms of Service.

    11. Governing Law and Jurisdiction  

      1. These Terms of Service are governed by the law in force in the State.

      2. Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in the State and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms of Service.

      3. Each party irrevocably waives any right it has to object to the venue of any legal process in the courts described in clause 16.11(b) on the basis that:

        1. any proceeding arising out of or in connection with these Terms of Service has been brought in an inconvenient forum; or

        2. the courts described in clause 16.11(b) do not have jurisdiction.