Terms of Service
Definitions and Legal References
This Website (or this Application)
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Owner (or “We” or “Us” or “Our” or “Stayingalive.com”)
Stayingalive.com – The natural person(s) or legal entity that provides this Website and/or the Service to Users.
The service provided by this Website as described in these Terms and on this Website.
Provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice.
User (or You)
The natural person or legal entity that uses this Website.
These Terms govern:
- the conditions of allowing the use of this Website, and,
- any other related Agreement or legal relationship with Stayingalive.com
in a legally binding way.
Rights Regarding Content on this Website – All Rights Reserved
We reserve and hold all intellectual property rights for any such content. Users may therefore not use any such content, in any way that is not necessary or implicit in the proper use of the Website/Service.
We grant you a limited license to access and use our Website for personal use. In particular, but without limitation, Users may not broadcast, copy, save, download, print, share (beyond the limits set forth below), transform, modify, translate, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by us are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content on this Website
Unless otherwise specified all Website Content is provided or owned by us or our licensors. We have taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights.
However, it is not always possible to achieve such a result. In such cases, the User is requested to report complaints using the contact details specified in this document by:
- Emailing us at firstname.lastname@example.org.
We reserve the right to change content on our Website without prior notice.
All product images used on our Website are sourced directly from the affiliate brands and all images are used accurately in relation to the corresponding product content.
This Website and the Service may only be used within the scope they are provided for, under these Terms and applicable law.
We reserve the right to terminate accounts and/or deny access to our Website if you are involved in any activities that violate the Terms, or the rights of a third party, subject to our sole discretion.
The usage of our Website for any illegal or unauthorized purpose is strictly prohibited.
An express condition for the use of this Website is that you affirm that our Website will not be used for any unlawful purpose or for a purpose that is prohibited by these Terms.
Changes to these Terms
We reserve the right to amend or otherwise modify these Terms at any time. It is the Users responsibility to periodically review the Terms.
Such changes will only affect the relationship with the User in the future. The User’s continued use of the Website and/or the Service will signify the User’s acceptance of the revised Terms.
Failure to accept the revised Terms may entitle either party to terminate the Agreement.
Access to external resources
Through this Website, Users may have access to external resources provided by third parties.
Users acknowledge and accept that Stayingalive.com has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.
No Medical Advice
The information contained on this Website may contain general information relating to various health, dietary supplements, and medical conditions and their treatment.
Such information is provided for informational purposes only and is not on this Website for the purposes of diagnosing, treating, or preventing any disease.
Such information is not intended to be a substitute for the advice provided by a doctor or other qualified healthcare professional. Users should not use the information contained on this Website for self-diagnosing health or a fitness problem, or disease.
If you suspect you have a medical issue, you should always consult with a doctor or health care professional for medical advice about diagnosis and treatment.
Limitation of Liability and Indemnification
The User agrees to indemnify Stayingalive.com and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from and against any claim or demand including but not limited to lawyer’s fees and costs - made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners, and employees to the extent allowed by applicable law.
Limitation of Liability
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
Unless damages have been caused by way of intent or gross negligence, or they affect life, health, or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Limitation of Liability
Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right).
To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at our sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
Disclaimer of Warranties
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at the User’s own risk.
To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
No advice and/or information, whether oral or written, obtained by a User from us or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, we the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet User’s requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.
Any content downloaded or otherwise obtained through the use of the Service is downloaded at a User’s own risk and Users shall be solely responsible for any damage to a User’s computer system or mobile device or loss of data that results from such download or User’s use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with the User’s web browser, mobile device, and/or operating system.
The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, in some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to some Users.
This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of Liability
To the maximum extent permitted by applicable law, in no event shall we the Owner, and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees, be liable for
- any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
- any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
- any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the defamatory, offensive, or illegal conduct of any User or third party. In no event shall we the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to a User.
The terms give a User specific legal rights, and a User may also have other rights which vary from jurisdiction to jurisdiction.
The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:
- A User’s use of and access to the Service, including any data or content transmitted or received by a User;
- A User’s violation of these terms, including, but not limited to, a User’s breach of any of the representations and warranties set forth in these Terms;
- A User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- A User’s violation of any statutory law, rule, or regulation;
- Any content that is submitted from a User’s account, including third-party access with a User’s unique username, password, or other security measures, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- A User’s willful misconduct; or
- The statutory provision by a User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.
Any failure on the part of Stayingalive.com to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision.
No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, we reserve the right to interrupt the Service for maintenance, system updates, or any other changes, informing Users appropriately.
Within the limits of the law, we may also decide to suspend or terminate the Service altogether. If the Service is terminated, we will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside our reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts, etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without our express prior written permission, granted either directly or through a legitimate reselling program.
Intellectual Property Rights
Stayingalive.com respects the intellectual property rights of others and we request that you do the same.
Any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Website are the exclusive property of Stayingalive.com or its licensors.
Any trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website and or the Service are the exclusive property of the Owner or its licensors.
The said intellectual property rights are protected by applicable laws or international treaties related to intellectual property.
Assignment of Contract
We reserve the right to transfer, assign, dispose, or subcontract any or all rights under these Terms.
Provisions regarding changes to these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity, or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent.
These Terms will be enforced to the fullest extent permitted by law.
The Authoritative Version of These Terms
These Terms are drawn up and revised in English. In the event of any inconsistency between different linguistic versions, the original English version shall always prevail.
Your use of this Website and these Terms are governed in all respects by the laws of England and Wales, without regard to conflict of law or choice of law principles.
Exception for European Consumers
However, regardless of the above, if a User qualifies as a European Consumer and their habitual residence is in a country where the law provides for a higher consumer protection standard, much higher standards shall prevail.
Venue of Jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of England and Wales.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.
Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.
Consumers based in England may bring legal proceedings in connection with these Terms in the English courts.
Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts.
Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.
Provisions pertaining to Intellectual Property Infringement, Copyright, Trademarks, Disclaimers and Limitation of Liability, Indemnification, Applicable Law, and Class Action Waivers, will survive any termination efforts of your account or any termination of these Terms.
Last Updated: October 29th, 2022