This Agreement was last modified on June 30, 2018. Please read these Terms and Conditions of Service (“Agreement”, “Terms of Service”) carefully before using The Moon & You Pty Ltd (the App) and http://www.themooninyou.com (“the Site”) operated by The Moon and You Pty Ltd.
This Agreement sets forth the legally binding terms and conditions for your use of the App (The Moon & You) and the Site at http://www.themooninyou.com. By accessing or using the App or Site in any manner, including, but not limited to, visiting or browsing the App or Site or contributing content or other materials to the App or Site, you agree to be bound by these Terms of Service. Capitalised terms are defined in this Agreement.
The App and the Site and their original content, features and functionality are owned by The Moon and You Pty Ltd and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the App and the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links to other sites
The Moon and You Pty Ltd grants you a non-exclusive, non-transferable, limited licence to use the App and Site in accordance with this Agreement.
Limitation of Liability
In no event shall The Moon and You Pty Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the App and Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights.
Your use of the App and the Site is at your sole risk. The App and Site is provided on an “as is” and “as available” basis. The App and the Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Moon and You Pty Ltd, its subsidiaries, affiliates, and its licensors do not warrant that a.) the App and the Site will function uninterrupted, secure or available at any particular time or location; b.) any errors or defects will be corrected; c.) the App and the Site is free of viruses or other harmful components; or d) the results of using the App and the Site will meet your requirements and further, the Authors provide the App and the Site, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Authors do not provide any medical advice on the App or the Site, and the Information should not be so construed or used. Using, accessing and/or browsing the APP and the Site and/or providing personal or medical information to the Authors do not create a physician-patient relationship between you and the Authors. Nothing contained in the App and the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the APP or the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the App or the Site.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of NSW, Australia, without giving effect to any principles of conflicts of law.
Changes to this Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the App or the Site. Your continued use of the App or the Site after any such changes constitutes your acceptance of the new Terms of Service. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the App and the Site or discontinue any use of the App and Site immediately.
In no event shall The Moon in You be liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever arising out of or connected with the use or misuse of any product purchased from this site. You agree and acknowledge that any product purchased should be used at your own risk and you should assess the risks individual to yourself before purchasing any product or using any product. You agree that in the event that The Moon in You is deemed liable for any harm caused, the amount which it shall be liable to you shall be limited to the cost of the product. You agree and acknowledge that nothing sold on this site should be used to replace a health professional’s advice. The products sold herein are not meant to diagnose, treat, cure, or prevent any condition.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org