Terms of Use

Agreement to Terms

By accessing and using the heath-whale website, you agree to be bound by these Terms of Use and all applicable laws and regulations. If you do not agree with any part of these terms, you should not use this website. These terms may be modified at any time, and your continued use of the website constitutes acceptance of any changes.

Description of Services

heath-whale provides professional broadcast presenter training services, including but not limited to camera presence coaching, voice and diction training, live broadcast simulation, and corporate media training. Our website provides information about these services and allows visitors to submit enquiries and booking requests.

Use of Website

You agree to use this website only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit their use and enjoyment of the website. Prohibited behaviour includes:

• Conducting any unlawful activity or soliciting the performance of any illegal activity
• Posting or transmitting any content that is defamatory, obscene, offensive, or otherwise objectionable
• Attempting to gain unauthorised access to any portion of the website or any other systems or networks connected to the website
• Using any robot, spider, or other automatic device to access the website for any purpose
• Introducing viruses, trojans, worms, or other malicious code
• Interfering with or disrupting the website or servers or networks connected to the website

Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, audio clips, video clips, and software, is the property of heath-whale or its content suppliers and is protected by Australian and international copyright laws. The compilation of all content on this website is the exclusive property of heath-whale.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our website without our prior written consent, except for personal, non-commercial use.

Trademarks

The heath-whale name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of heath-whale. You may not use these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

User Submissions

By submitting any content to our website, including enquiry forms and booking requests, you grant heath-whale a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, and distribute such content in any media. You represent and warrant that you own or control all rights to the content you submit and that the content does not violate these Terms of Use.

Service Bookings

Submission of a booking request through our website does not constitute a confirmed booking. All bookings are subject to availability and confirmation by heath-whale. Upon confirmation, a separate service agreement may be provided outlining the specific terms and conditions applicable to your training session.

Pricing displayed on the website is subject to change without notice. The price applicable to your booking will be the price confirmed at the time of booking confirmation.

Cancellation and Rescheduling

Sessions may be rescheduled with at least 48 hours notice at no additional charge. Cancellations made with less than 48 hours notice may incur a cancellation fee of up to 50% of the session price. Failure to attend a scheduled session without prior notice will be treated as a cancellation with less than 48 hours notice.

heath-whale reserves the right to cancel or reschedule sessions due to unforeseen circumstances. In such cases, we will offer alternative dates or a full refund at your discretion.

Limitation of Liability

To the fullest extent permitted by applicable law, heath-whale shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the website or services
• Any unauthorised access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the website
• Any bugs, viruses, trojan horses, or similar that may be transmitted through the website
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the website

Disclaimer of Warranties

This website and all information, content, materials, and services included on or otherwise made available to you through this website are provided on an "as is" and "as available" basis. heath-whale makes no representations or warranties of any kind, express or implied, as to the operation of the website, the accuracy or completeness of the content, or the reliability of any advice or information provided.

Our training services are designed to support skill development but do not guarantee specific career outcomes. Individual results may vary based on factors including natural ability, effort, and market conditions.

Indemnification

You agree to defend, indemnify, and hold harmless heath-whale, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms of Use or your use of the website.

Third-Party Links

This website may contain links to third-party websites or services that are not owned or controlled by heath-whale. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or their websites.

Governing Law

These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia for the resolution of any disputes.

Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Waiver

The failure of heath-whale to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by heath-whale.

Entire Agreement

These Terms of Use, together with our Privacy Policy and any service agreements entered into with respect to specific services, constitute the entire agreement between you and heath-whale regarding your use of the website and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms of Use, please contact us at:

heath-whale
Suite 412, Media Tower
88 Collins Street
Melbourne, VIC 3000
Australia

Email: [email protected]