Welcome to The Evolution Space website.

This is the official website for The Evolution Space Therapy Pty Ltd and is owned and operated by The Evolution Space Therapy Pty Ltd, ACN 675 981 307 (The Evolution Space, us, we, our) under the domain name theevolutionspacce.com.au (‘our Site’).

Through our Site, you may be able to view information about The Evolution Space and its services and access information about mental health and associated issues.

By using our Site you agree to comply with and be bound by these terms of use (Terms of Use) together with any other notices, guidelines and rules published on our Site, including our Privacy Policy.

Any changes we may make to these Terms of Use will be posted on this page. Please check back frequently to see any updates or changes.

1. SITE CONTENTS

Our Site and its contents are provided on an “as is” and “as available” basis for your personal and general information only.

We may update our Site and change its content at any time without notice to you. Although we aim to ensure the content on our Site is up to date, there may be delays, errors or omissions that could affect its accuracy or reliability. To the extent permitted by law (including Your Consumer Rights where applicable), we do not guarantee that our Site (including product descriptions and any content in it or linked from it) is accurate, complete, up-to-date or free from errors, omissions or unauthorised access.

You may not use our Site (including any content on it) for any marketing or commercial purpose unless you have first obtained our express written permission. You may not publish, reproduce, modify, transmit distribute or otherwise commercially exploit or communicate to the public for any purpose any of the content on this Site whether in hardcopy form, electronic form or any other form.

2. THIRD PARTY CONTENT AND LINKS

Our Site may contain content relating to third parties (including information, advertisements or comments) or links to other sites (Third Party Content). Third Party Content is provided for your convenience only and any views expressed by other users on our Site or third party sites do not represent our views or values.

We do not endorse and are not responsible for any representations, opinions, advice, statements, goods, services, offers, or other information or content associated with Third Party Content including content on third party sites.

We make no representations or warranties in relation to (or accept any responsibility for) Third Party Content including content on third party sites. We will not be liable for any loss or damage that may arise from your use or reliance on Third Party Content.

3. YOUR USE OF OUR SITE

You must not access or use our Site (including using or posting any content) in any way which:

• causes, or may cause, damage to our Site, alterations to our Site or impairment of the availability or accessibility of our Site;
• is unlawful, illegal, fraudulent or harmful or is connected with any unlawful, illegal, fraudulent or harmful purpose or activity;
• is or may be considered to be threatening, harassing, abusive, degrading, hateful, defamatory, intimidating, violent, obscene, indecent, pornographic, fraudulent, false, inaccurate, misleading, deceptive, an invasion of a person’s privacy or otherwise objectionable;
• involves the use of any robot, spider, screen scraper, data aggregation tool or other automatic device or process to process, monitor, copy or extract any content on the Site without our prior written permission; or
• infringes any copyright, intellectual property rights, moral rights, confidentiality rights or other rights of any third party.

We can remove any post you make on our Site if we believe the post is unacceptable.

Unless specified otherwise (for example in our Privacy Policy), any content you upload to our Site will be considered non-confidential and non-proprietary. You agree we may use, copy and distribute any content you upload to our Site or any information associated with your use of our Site for any purpose including disclosing to third parties. We are under no obligation to maintain your content in confidence, compensate you for any content submitted or respond to any of your comments.

You must not do anything which violates or attempts to violate the security of our Site or otherwise misuses our Site including by knowingly introducing any viruses, worms, malware, Trojan horses or other material which is malicious or harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Site.

You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or other service provider in connection with, or related to your use of our Site.

4. OUR RESPONSIBILITIES TO YOU

We acknowledge that, in some circumstances, you may have rights under laws which cannot be excluded, modified or restricted. For example, where applicable, your rights under the Australian Consumer Law include the rights for goods to match their advertised descriptions and services to be fit for their specified purpose and be provided with care and skill. You can find out more about these rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and fair trading authorities in Australian states and territories. Nothing in these Terms & Conditions (including this section) excludes, modifies or restricts these rights.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site, any content on it or linked from it including Third Party Content, whether express or implied.

Your use of our Site is entirely at your own risk. In particular we exclude to the extent permitted by law, any liability to you (whether in contract, tort (including negligence), statute or otherwise) arising under or in connection with:

• your use of, or inability to use our Site;
• your use of or reliance on any content displayed on or linked from our Site;
• any losses resulting from a security failure or computer viruses; or
• any loss of profits, sales, business opportunity, goodwill, reputation, anticipated savings, data, opportunities or revenue, business interruption or any indirect, special or consequential loss resulting from your use of, or inability to use, our Site or its content.

Where any law implies a warranty which may not lawfully be excluded, our liability for any breach of that warranty will be limited (to the extent permitted by law, and at our election) to either re-supplying the affected service, goods or content to you or refunding any amounts you have paid us for it.

We recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software for each device you use to access our Site.

5. INTELLECTUAL PROPERTY

We are the owner or the licensee of all intellectual property rights in or attaching to our Site and in the material published on it by us.

These Terms of Use do not transfer to you any intellectual property rights in or attaching to our Site or its content. Our trademarks/logos and all other trademarks, service marks, graphics and logos used in connection with our Site are either our trademarks or may be the trademarks of third parties.

Your use of our Site does not grant you any right or license to reproduce or otherwise use any of our, or a third party’s, intellectual property or trademarks.

6. ACCESS TO OUR SITE

We do not guarantee that our Site will always be available or be uninterrupted. We may suspend or withdraw, discontinue or change all or part of our Site without notice.

7. TERMINATION

We may terminate your access to all or any part of our Site at any time at our discretion without notice.

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.

8. GENERAL

If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

Any part of the Terms of Use that is either wholly or partly unenforceable will be severed to the extent necessary to make the remaining components of the Terms of Use enforceable.

These Terms of Use and your use of our Site are governed by the laws of Victoria, Australia. Our Privacy Policy is incorporated into these Terms of Use.

You can read our Privacy Policy here.