Vigour Benefits: General Terms and Conditions
Updated 7th December, 2022
In these terms and conditions, "us", "we" or "our" means Black Sparrow Group, Black Sparrow Publishing, Vigour Benefits, Vigour Health & Wellbeing Magazine, Vigour Platform, Vigour Media, Vigour Active, its officers, directors, employees, contractors, sponsors, suppliers, editors, authors, subscribing organisations, their servants and agents.
It is important to us that you understand these terms and conditions which relate to your use of this website (the "Site"). If you have any questions, please contact us via the contact page at www.vigour.media .
Agreement
By accessing and using the Site, you agree to be bound by these terms and conditions, our Privacy Policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the Site relating to your use of the Site ("Site Terms"). We may change the Site Terms at any time. If we do, an amended version of the Site Terms will be available via a link on the Site. You are responsible for ensuring that you regularly review the Site Terms and your continued use of the Site after any changes are made to the Site Terms will be deemed to constitute your acceptance of those changes. If you object to any Site Terms, current or revised, or otherwise become dissatisfied with the use of the Site, your only remedy is to immediately discontinue your use of the Site.
Content & Use
Whilst appreciable care has been taken in the preparation of this website, we provide this for general information purposes only.
We cannot warrant the accuracy of this website beyond the source documents although we do make every attempt to work from authoritative sources. The material may include the views or recommendations of third parties and does not necessarily reflect our views.
In view of the possibility of human error we cannot and do not warrant that the information contained in this website is in every respect accurate or complete. Accordingly, we are not and will not be held responsible or liable for any errors or omissions that may be found in any of the information on this website.
Intellectual property
We own and retain all proprietary rights in and relating to the Site. Proprietary rights in and relating to the Site must not be used in any way without our prior written consent. No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content without our expressed written permission.
External activities
We promote, advertise, sponsor functions, events, offers, products, services, competitions and other activities via third parties (External Activities). External Activities may be subject to separate terms and conditions. You acknowledge that you participate in any External Activities entirely at your own risk. In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Site Terms, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.
Third party websites and advertising
The Site will feature and/or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Site and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third-party websites, you leave the Site entirely at your own risk. We are careful in selecting the websites we link to, but we are not responsible for and do not necessarily endorse their information. You need to make your own decisions about the accuracy, currency, and reliability of information in linked websites.
The Site will also feature and/or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
Limitation of liability and indemnity
You acknowledge that you use the Site at your own risk. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Site in any circumstance. You agree to indemnify us for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach by you of the Site Terms.
To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Site Terms, might apply in relation to your use of the Site. In particular, we do not make any representations or warranties that the Site will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the Site. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Site purchased by you. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
No Warranty
This Site is provided “as is” without any representations or warranties, express or implied.
Black Sparrow Group, Black Sparrow Publishing, Vigour Benefits, Vigour Health & Wellbeing Magazine, Vigour Platform, Vigour Media, Vigour Active, its officers, directors, employees, contractors, sponsors, suppliers, editors, authors, subscribing organisations, their servants and agents make no representations or warranties in relation to the Site or the information provided.
Without prejudice to the generality of the foregoing paragraph, we specifically disclaim any implied warranties of title, performance, fitness of information, product or service for any particular purpose, accuracy, merchantability and non-infringement. Nothing in this Site constitutes, or is meant to constitute, advice of any kind. Should you require advice in relation to any matter, including but not limited to legal, medical or financial, you should consult an appropriate professional.
Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under this Agreement without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Agreement.
No Agency
No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Site Terms or your use of the Site.
Severability
If any provision in this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. If any provision of this Agreement is held to be unlawful and/or unenforceable, then such provision will be modified to reflect the parties' intention.
Reasonableness
By using the Site, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. If you do not think they are reasonable, you must not use the Site.
Cookies
The site collects personal data to power our site analytics, including:
• Information about your browser, network, and device
• Web pages you visited prior to coming to this website
• Your IP address
This information may also include details about your use of this website, including:
• Clicks
• Internal links
• Pages visited
• Scrolling
• Searches
• Timestamps
We share this information with our website analytics provider, to learn about site traffic and activity.
Computer System & Software
We are not liable for any interference with or damage to your computer system, software or data occurring in connection with, or relating to, this website or its use. You should take appropriate and adequate precautions to prevent damage to your computer system, software or data.
Entire agreement
This Agreement, along with all Terms & Disclaimers, constitutes the entire agreement between you and the Site in relation to your use of the Site, and supersedes all previous agreements in respect of your use of the Site.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of Victoria and Australia. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of Victoria and Australia.
Notices & Disclosures
Any notices shall be given by email via the contact page at www.vigour.media
This Site is offered by Black Sparrow Group P/L.