This Website (including any features and mobile device applications) (“Website”) is owned and operated
by Adrian Raymond Wilk ABN 79 799 594 094 trading as No Knot Club,
who is referred to in these Terms and Conditions as “No Knot Club” “we”, “us”, “our” and similar grammatical forms.
The material on the Website is copyright © 2020 No Knot Club or other copyright owners.
By signing up to our Partner Program, you agree to be legally bound by these Terms and Conditions, as may be updated by us from time to time. We reserve the right to change these Terms and Conditions with or without further notice to you and without giving you any explanation or justification for such change. You should check our Website regularly to take notice of any changes we may have made to the Terms and Conditions. By continuing to access, browse or use the Website or making a Subscription, you agree to be bound by such revised or updated Terms and Conditions.
1.1 In these Terms and Conditions, the following words have the corresponding meaning:
1.2 “Minimum Term ” means a period of twelve (12) months from the date of joining the Partner Program;
1.3 “Partner” means a person or organisation who joins our No Knot Club Partner Program and is registered with the Australian Health Practitioner Regulation Agency (“AHPRA”), and who is referred to in these Terms and Conditions as “Partner”, “you” and similar grammatical forms;
1.4 “Partner Program ” means the program facilitated by No Knot Club for eligible Partners that facilitates advertising space and a point of referral between Users and those Partners for goods and services that the Partner provides to the public; and
1.5 “User” means an actual authorised User of the No Knot Club service who has purchased a subscription with No Knot Club.
2.1 You must only use the Website in accordance with these Terms and Conditions and any applicable law.
2.2 You must not misuse this Website. Accordingly, through your access or use of the Website, you will not:
(a) commit or encourage a criminal offence;
(b) undertake any fraudulent, abusive or illegal activity;
(c) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(d) hack into any aspect of the Website;
(e) corrupt data;
(f) cause annoyance to other Users;
(g) infringe upon the rights of any other person's proprietary rights;
(h) send any unsolicited advertising or promotional material, commonly referred to as "spam";
(i) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website;
(j) manipulate, reproduce, distribute, re-transmit any of the material in any material form by any medium of communication;
(k) upload or repost any of the material to any other site on the Internet; or
(l) “frame” any of the material on the Website with other material on any other website.
2.3 The above are unlawful in any jurisdiction and are expressly prohibited by these Terms and Conditions.
2.4 Breaching this provision would constitute a criminal offence, and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
2.5 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
2.6 Access and use to the Website are permitted on a temporary basis, and we reserve the right to withdraw, restrict or amend the Website without notice. Also, we may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
2.7 We do not warrant, guarantee or make any representation that:
(a) the Website or the server that makes the site available on the Internet are free of software viruses;
(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(c) errors and defects in the Website will be corrected.
2.8 We are not liable to you for:
(a) errors or omissions in the Website, or linked sites on the Internet;
(b) delays to, interruptions of or cessation of the services provided on the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any User,
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
2.9 You agree to indemnify, defend and hold harmless No Knot Club, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and costs (including legal fees on an indemnity basis) arising from your use or misuse of this Website or your breach of these Terms and Conditions.
3.1 This Website contains links to sites on the Internet owned and operated by third parties and which are not under our control (“Linked Sites”). In relation to the other sites on the Internet, which are linked to the Website, we:
(a) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
(b) is not responsible for the material contained on those linked sites.
3.2 The information, content and goods contained on this Website is general information only and have been either supplied by us, third party merchants, suppliers or manufactures. While reasonable efforts have been made to ensure the information and goods are accurate at the time of displaying on the Website, this may no longer be the case. Various aspects of the information and content displayed on the Website, the products and goods displayed on the Website, and the Website itself, may have changed or may change in the future.
3.3 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
3.4 We may make the Website available for others to publish information without assuming a duty of care to Users. We are not in the business of providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website or linked sites on the Internet. You should not rely on this information or content in entering (or not entering) into any contract, and any prospective purchasers should make their own enquiries and obtain independent advice.
3.5 All images, videos, renders, or goods instructions are indicative only and may not be an exact representation of the products and goods received. The products and goods may differ to some extent in visual appearance from the way that they appear and are displayed on the Website. To the extent permitted by law, we disclaim all liability for any inaccuracy or errors in the information provided, supplied to us or by these third parties. We are not liable and cannot be held responsible for any loss or damage whatsoever arising out of or in connection with the use of or reliance on the information or content on the Website.
3.6 Our Website may need to be updated from time to time. Such updates may be necessary in order for you to use our Website or your Account or access your Subscription benefits. By agreeing to these Terms and Conditions and using our Website, you agree to receive such updates automatically.
4.1 We currently offer a subscription-based platform to enable Users to join our club to enable access to the goods and services offered by Partners. Our subscriptions are only available within Australia.
4.2 If you wish to become a Partner, you must complete an application and meet the eligibility requirements determined by us and hold current registration with AHPRA as a service provider.
4.3 We will review and notify you whether you have been accepted as a Partner or not. We reserve the right to approve or reject any applications in our sole and absolute discretion.
4.4 If we are unable to accept your application, we may seek further information from you before we accept your application.
4.5 If you have not been notified by No Knot Club that you are accepted as a Partner within thirty (30) days from your application, then your application is considered to be rejected.
4.6 If you are accepted as a Partner, then upon notification of acceptance by No Knot Club, these Terms and Conditions shall apply in full force and effect and will continue for the Minimum Term until expiration or the termination of a Partner’s status as a Partner, unless earlier cancelled by a Partner in accordance with these Terms and Conditions.
4.7 You agree to remain a Partner for the Minimum Term. At the expiry of the Minimum Term, and unless you have breached this agreement or are notified by No Knot Club of the termination if this agreement, you agree to renew this agreement for a further period of twelve (12) months and each twelve (12) month period thereafter. These Terms and Conditions will remain in full effect during any further term of this agreement.
4.8 Upon acceptance into the Partner Program, No Knot Club will provide its services through the Website for the benefit of the Users.
5.1 When a User makes a booking or purchases goods or services with a Partner using our Website, then that Partner will enter into a separate contract with the User. No Knot Club is not involved in any transaction between a Partner and a User.
5.2 You agree that we are not responsible for the separate contract and its terms and conditions with a User.
5.3 Users are directed to a Partner's Website or provided with a Partner's contact details to make enquiries regarding goods and services with a Partner.
5.4 All interactions, bookings and payments with Users are the responsibility of the Partner, including all accounting and reporting obligations.
5.5 Partners are not entitled to and not required to pay any commission on a User’s booking and purchase of goods and services which were facilitated by the No Knot Club.
6.1 The Partner agrees with No Knot Club to:
(a) provide all necessary business, Website, service offering and contact details and AHPRA registration details and to promptly notify No Knot Club of any change or updates to these details;
(b) confirm any bookings or purchases of goods and services that were facilitated by No Knot Club;
(c) use the Partner’s best endeavours to provide positive media feedback and support for No Knot Club, whenever possible; and
(d) seek all opportunities to promote and support for No Knot Club and No Knot Club’s business activities whenever possible.
6.2 To the extent any No Knot Club data includes personal and sensitive information of its Users, then the Partner agrees to comply with all laws relating to privacy and data protection as well as any specific No Knot Club instructions.
6.3 The Partner will maintain for six (6) months after this agreement ends, complete and accurate records relating to the provision of its goods and services, including bookings made by Users and fees charged and its compliance with data protection and security.
6.4 No Knot Club may audit such records during regular business hours, with reasonable advance notice and subject to reasonable confidentiality procedures.
6.5 We do not accept any responsibility and liability for:
(a) your inability or unavailability to provide Users with goods or services;
(b) any User’s non-payment, illegal or fraudulent act or omission;
(c) the information or data provided by a User;
(d) any claims or actions regarding your contract with a User.
6.6 You agree and warrant that:
(a) you conduct a lawful enterprise within Australia;
(b) you will be fully responsible for any costs or expenses associated with your goods and services;
(c) you have been provided with a reasonable and sufficient opportunity to seek independent advice regarding this agreement;
(d) you are adequately qualified and hold current unrestricted registration with AHPRA;
(e) you have not been charged with or convicted of a criminal offence or offence relating to harassment;
(f) the goods or services that you offer and display on your Website are accurate, truthful and are fit for their intended purposes and are of acceptable quality; and
(g) you will not hold us liable or responsible for:
(i) any Medicare or medical benefits scheme rebates or health insurance rebated amounts or obligations;
(ii) inaccurate or mistaken use of the goods or services; and
(iii) any warranty or refund period expiring or lapsing (if any).
6.7 Notwithstanding any provisions to the contrary, a Partner must display, for the duration of the Partner Program, any promotional material and collateral as required or supplied by No Knot Club from time to time. The costs of the production of the promotional material and collateral will be borne by No Knot Club.
7.1 No Knot Club takes complaints and concerns from its Users and Partners seriously and no inappropriate or unlawful behaviour or foul play will be tolerated.
7.2 We accept complaints or concerns about Partners and Users at any time.
7.3 You must act honestly and efficiently in your dealings with us, including during any investigation into a complaint
7.4 If we receive a complaint or notice a pattern of the complaints made by Users about a Partner, then we reserve the right to restrict your access to our Website, suspend or terminate this agreement and your status as a Partner. Equally, No Knot Club reserves this right in respect of complaints made against Users by Partners.
7.5 No Knot Club will review and assess each complaint that it receives and, at its discretion, may determine how it deals with a complaint.
7.6 If you are deemed by No Knot Club as being wholly or partly responsible for an act or omission in respect of a lodged complaint, then you agree to pay No Knot Club for any reasonable costs associated with the complaint or in conjunction with an investigation into the complaint, including any incurred legal fees or outlays on an indemnity basis.
7.7 You agree that No Knot Club is not required to keep you informed about a complaint.
8.1 This agreement does not create an exclusive agreement between a Partner and No Knot Club.
8.2 Both parties will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.
8.3 A Partner is not an employee, Partner in a partnership arrangement, agent or joint venture partner. A Partner has no affiliation with No Knot Club aside from its registration as a Partner under the Partner Program and as an independent contractor.
8.4 A Partner is solely responsible and liable for its own taxes, insurance premiums, employment benefits and Medicare and Medical Benefits Scheme reporting and billing obligations.
8.5 A Partner and its employees are not eligible for any benefits (including stock options, health insurance or retirement benefits) provided by No Knot Club to its employees.
8.6 A Partner will not make any commitment binding on No Knot Club or represent that it has authority to do so.
8.7 A Partner will maintain adequate health, automobile, workers’ compensation, unemployment compensation, disability, liability, and any other type of insurance required by law or that is common practice in the Partner’s business. Upon request, a Partner will provide No Knot Club with certificates of insurance or evidence of coverage.
8.8 A Partner will maintain all necessary registrations to enable the lawful conduct of its business within Australia. Where a Partner’s business activities require registration with AHPRA, as required by law, then it must maintain and hold that registration for the duration of this agreement. Upon request, a Partner will promptly provide No Knot Club with any required certificates of registration, evidence of registration, qualifications and other related material required by No Knot Club.
9.1 The Partner represents and warrants to No Knot Club that it has full right and power to enter into and perform under these Terms and Conditions, without any third-party consents or conflicts with any other agreement.
9.2 The Partner further represents and warrants that:
(a) it will provide its goods and services in accordance with this agreement;
(b) with respect to the services and the Partner’s performance for any User, the Partner will use its reasonable endeavours to comply at all times with all applicable laws, regulations, and orders, including those relating to privacy and data protection;
(c) use of the Website will not introduce into No Knot Club any viruses, worms, time bombs, Trojan horses or other harmful, malicious or destructive code;
(d) to the best of the Partner’s knowledge, its goods and services do not and will not infringe, violate, or misappropriate the intellectual property rights of any third party;
(e) there are no pending or threatened claims pertaining to the Partner or its APHRA registered service provider, or that would otherwise prevent the Partner from fulfilling its obligations under the agreement (and the Partner will promptly notify No Knot Club in the event of such a claim); and
(f) from time to time, No Knot Club may suspend the Partner’s access to the Website for the following purposes:
(i) for scheduled or emergency maintenance;
(ii) unavailability of services (including network and hosting services) provided by a third-party service provider;
(iii) threatened, suspected or actual security breaches; or
(iv) in accordance with its express termination rights hereunder.
10.1 We, from time-to-time, and at our absolute discretion, may provide Users with a promotional offering for the purposes of promotion (“Promo Code”). A Promo Code may form part of a User’s subscription with the No Knot Club.
10.2 If we issue a User a valid Promo Code, then a User is entitled to a promotional benefit.
10.3 A Promo Code may mean differently depending on the current promotional offering, and it may have different terms and conditions that attach to that specific Promo Code.
10.4 No Knot Club can dictate and change any terms and conditions of the Promo Code, or a promotional benefit at any time and without reason.
10.5 A Partner must accept a User’s valid Promo Code when presented and apply the promotional offering against the User's booking and/or purchase of the Partner’s goods or services.
10.6 No Knot Club may revoke or refuse to accept any Promo Code in our absolute discretion.
10.7 Any promotional code offered by No Knot Club:
(a) cannot be replaced if lost, or used in conjunction with any other offer or Promo Code;
(b) are non-transferable and non-redeemable for money; and
(c) can be terminated by No Knot Club in our absolute discretion at any time and without notice.
11.1 Our goods and services, including Subscriptions, may come with guarantees that cannot be excluded under the Australian
Consumer Law. Our liability for failure to comply with a consumer guarantee is limited to:
(a) in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the
cost of the replacement or supply), or the repair of the goods (or the payment of the value of the repair); and
(b) in the case of services supplied by us, the supply of the services again or the payment of the cost to you of having the services supplied again.
11.2 Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
11.3 In all other respects, our total liability for loss or damage of every kind, whether:
(a) arising pursuant to the terms of service; or
(b) arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,
is limited to a total aggregate amount equivalent to the sum paid by you to us for the goods.
11.4 Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms and Conditions, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these Terms and Conditions.
11.5 We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, "force majeure" means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, failure of any telecommunications or computer system, riots, lock-out, revolution, civil commotion, epidemic, accident, industrial action, and action or inaction by a government agency, or by any damage caused by any of such events.
11.6 We have no liability to the extent that a failure of the goods and services is attributable to any act or omission on your part.
11.7 To the maximum extent permitted by law, all express or implied guarantees, warranties, representations, or other terms and conditions or which could otherwise be implied into these Terms and Conditions are excluded, including the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites and the merchantability or fitness for any particular purpose for any service or good contained or referred to on the Website or on any linked sites.
11.8 To the maximum extent permitted by law, we will not be held liable for, and no measure of damages will, under any circumstance include special, indirect, consequential, incidental or punitive damages, or damages for loss of profits, revenue, goodwill, anticipated savings or loss, or data corruption, whether in contract, tort, negligence, in equity, under statute, under an indemnity, based on fundamental breach or breach of an essential term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
11.9 You agree that we will not be liable to you or any person that purchased goods and services through our Subscription from a Partner for any loss of life, personal injury or damage to or loss of property which may be suffered or sustained for any cause whatsoever, save where any such death, injury or damage results from a negligent act or omission by us.
11.10 You will indemnify, defend and hold No Knot Club harmless, at your expense, against any third-party claim, suit, action, or proceeding brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) on an indemnity basis to the extent that such third-party claim, suit, action, or proceeding is based upon or arises out of:
(a) your participation in the Partner Program;
(b) No Knot Club’s use of the data you provide to us;
(c) your non-compliance with or breach of this agreement;
(d) your use of our Website, trade mark, brand or intellectual property; or
(e) No Knot Club’s use of your trade marks or brand.
12.1 You agree that you are responsible for:
(a) the access and use of our Website, your Account and your Subscription; and
(b) the actions of other users of our Website whom the user may communicate or exchange information with; and
(c) your transaction, payment and all other acts with any Partner;
(d) all activities and the legal consequences of those activities while using our services.
12.2 No Knot Club reserve the right to report any suspicion of illegal, fraudulent, offensive, inappropriate, indecent or abusive activity to the police or relevant authorities.
12.3 You acknowledge and understand that the goods and services contemplated by this Agreement are not designed or intended for use (and must not be relied on) in environments requiring fail-safe performance, including without limitation, as part of life support, critical, emergency or acute system, process or service and are not a substitute or replacement for diagnosis, treatment recommendations and other professional and clinical decisions or judgment.
12.4 You acknowledge and agree that:
(a) you are responsible for informing any Users of their decisions regarding their medical treatment and that their decisions must be based on their own professional medical advice, diagnosis, treatment or judgment that they must obtain (including verifying and confirming the accuracy of life-threatening information and critically important results as would be required by generally accepted standards of medical practice); and
(b) any reliance on our collateral, information or data generated or published by us or by others will not diminish that responsibility.
13.1 In order to protect the business of No Knot Club and any Related Body Corporate of No Knot Club (where “Related Body Corporate” has the meaning given in the Corporations Act 2001 (Cth)), the terms contained within clauses 13.1(a) are 13.1(b) respectively, are conditions of your employment.
(a) You may not, either directly or indirectly, on your own account or on behalf of any person, during the period that you are a Partner with No Knot Club, and for a period of twelve (12) months after the date of the termination of your Partner status with No Knot Club (including by way of your cancellation):
(i) solicit, canvass, induce or encourage (or attempt to do any of these things) any employee or agent of No Knot Club, or any Related Body Corporate of No Knot Club, to terminate their contract of employment or agency with No Knot Club, or with any Related Body Corporate of No Knot Club;
(ii ) solicit, canvass, approach or accept any approach (or attempt to do any of these things) from any customer of No Knot Club, or customer of any Related Body Corporate of the Company, or any person who during the 12 months immediately preceding the termination of your employment, was a customer of the Company, or any Related Body Corporate of No Knot Club (Prior User), with a view to soliciting the business or custom of that Prior User;
(iii) solicit, canvass, approach or accept any approach (or attempt to do any of these things) from any person whose business or custom No Knot Club, or any Related Body Corporate of No Knot Club, was cultivating at the time of termination of your employment with a view to soliciting the business or custom of that person;
(iv) perform, or cause to be performed, in any capacity, and by whatever means, any business or services for any User of No Knot Club or any Related Body Corporate of No Knot Club, or any Prior User of No Knot Club, or any Prior User of any Related Body Corporate of No Knot Club; or
(v) interfere, or seek to interfere with, the relationship between No Knot Club, or any Related Body Corporate of No Knot Club, and the Users, suppliers and employees of No Knot Club, or any Related Body Corporate of No Knot Club. (b) You acknowledge that:
(i) No Knot Club’s rights under this clause are in addition to, and do not derogate from or affect No Knot Club’s common law or equitable rights;
(ii) these restrictions are reasonable and that No Knot Club may seek injunctive relief to enforce these restrictions; and
(iii) the rights and obligations of the parties under this clause survive after you cease being a Partner.
14.1 No Knot Club owns all right, title and interest (including all intellectual property rights) in and to the data and information collected and generated from its Website and through the supply of its goods and services to the public and Users. No Knot Club will also own all intellectual property and data created, provided or generated by the Partner pursuant to these Terms and Conditions. No Knot Club may use this intellectual property and data for any purpose.
14.2 The intellectual property rights in all software and content (including photographic images, specifications and design of the goods) made available to you on or through this Website remain the property of Website Owner or its licensors and are protected by copyright laws and treaties around the world. We reserve all of our rights and the rights of our licensors.
14.3 You grant to us a nonexclusive, non-transferable, royalty-free right to use and display your trade marks, service marks and logos (“Partner Marks”) in connection with the Partner Program and this agreement.
14.4 During the term of this agreement, in the event that we make any No Knot Club trade mark available to you, you may use our trade mark as long as you follow the usage requirements in this section. You must:
(a) only use the images of our trade mark that we make available to you, without altering them in any way;
(b) only use our trademarks in connection with the Partner Program and this agreement; and
(c) immediately comply if we request that you discontinue use.
14.5 You must not:
(a) use any of our trade marks or our brand in a misleading or disparaging way;
(b) use any of our trade marks or our brand in a way that implies we endorse, sponsor or approve of your services or products; or
(c) use any of our trade marks or our brand in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
14.6 Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to us. All other trade marks or service marks on this Website are the property of their respective owners. You must obtain our written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties. 14.7 Despite the above restrictions on the use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trademark notices contained on the material.
14.8 You may not modify or copy:
(a) the layout of the Website; or
(b) any computer software and code contained in the Website.
14.9 We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is supplied for personal use only and may not be:
(a) re-sold or re-distributed in any material form;
(b) stored in any storage media; or
(c) re-transmitted in any media, without our prior written consent.
14.10 You may link to our Website home page, provided you do so in a way that is non-commercial, fair and legal and does not damage our reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor can you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
15.2 Each party must comply with the Australian privacy legislation concerning the collection, storage and use of User’s personal information.
15.3 There is no method of transmission over the Internet or through electronic storage through our engaged providers that is fully secure. We cannot guarantee the security of your personal information. If we are required by law to inform you of any unauthorised access, use, or disclosure of your personal information, then we will notify you electronically, in writing or by telephone (if required and permitted to do so by law).
15.4 Our Website does not necessarily use encryption or other technologies to ensure the secure transmission of information via the Internet. Anyone using our Website is encouraged to exercise care in sending personal information via the Internet.
15.5 Term & Termination
15.6 This agreement will apply for as long as a Partner participates in the Partner Program and until terminated.
15.7 Either party may terminate this agreement on fourteen (14) days written notice to the other party.
15.8 No Knot club may terminate this agreement:
(a) upon thirty (30) days’ notice to a Partner of a material breach of these Terms and Conditions and if such breach remains unremedied at the end of that period;
(b) immediately, if a Partner becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors;
(c) immediately, if a Partner becomes the subject of any proceeding relating to a criminal or fraudulent allegation or offence, including any investigations by AHPRA;
(d) immediately, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect No Knot Club, our business or future business, or our customers.
15.9 Upon termination or expiration, a Partner will:
(a) discontinue all use of and delete any material or information that No Knot Club makes available to the Partner during its participation in the Partner Program; and
(b) immediately discontinue all use of our trade marks, our brand and references to this Partner Program from its Website(s) and other collateral. For the avoidance of doubt, termination or expiration of this agreement does not cause a User’s subscription agreement to be terminated.
16.1 Entire agreement:Unless expressly stated by us, these Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us or any prior Terms and Conditions published on the Website.
16.2 Variation:We have the right, in our absolute discretion at any time and without notice to you, to amend, remove or vary these Terms and Conditions or any page of this Website.
16.3 Invalidity:If any part of these Terms and Conditions is found to be void, unlawful, or unenforceable, then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
16.4 Waiver: Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by us. Without limiting the preceding, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
16.5 Assignment & Change of Control: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions. We are entitled to and may, from time-to-time in our discretion, do any of the following:
(a) assign, delegate, transfer, licence, sublicence, sub-contract, sub-let, novate these Terms and Conditions, or any part of these Terms and Conditions, or assets under this agreement (including any Intellectual Property, Accounts and Suscriptions) or any obligations or rights under these Terms and Conditions; or
(b) sell all, or part of, itself, or its assets (including any Intellectual Property, Accounts and Subscriptions); or
(c) change, or vary, in any way our legal or corporate structure and/or the legal or beneficial ownership of the shares, without notice or your prior agreement and for any purpose that we deem necessary, or that we require or for the sake of convenience, and without any reason.
16.6 Notices: Unless otherwise stated within these Terms and Conditions, a notice or other communication connected with these Terms and Conditions has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent by us to you using your last notified email address, or by you to us at our registered office.
16.1 If you have any questions or concerns or you experience any issues with our service, our Website or any Subscription that you make, then we encourage you to contact us to resolve your enquiries by using the following contact details:
Attention: Privacy Officer
These Terms and Conditions were last updated on 13 December 2020.