Terms & Conditions
These terms and conditions (“Terms and Conditions”) apply to the use of this website at www.pain-train.com.au and www.pain-train.com (“Website”). In using this Website, the Website visitor (“you”) agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Website.
The operator of this website is My Health Train Pty Ltd ACN 613 511 363 (“Operator”). For the purposes of these terms and conditions the term “we” and “us” constitutes a reference to the Operator.
We reserve the right to revise these Terms & Conditions at any time. Therefore, you should visit this page periodically to review the Terms and Conditions. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
The Website is for general informational purposes only and does not constitute, nor is it intended to be a substitute for personalised professional medical advice. You should seek independent advice from an appropriately qualified health professional for diagnosis and/or treatment information.
We disclaim all representations or warranties of any kind with respect to the Website and its contents. Further, the opinions expressed at the Website do not necessarily reflect our opinions.
We do not accept responsibility for an loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of the Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following (a) if the breach relates to goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired and (b) if the breach relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
Where any law implies a warranty into these Terms and Conditions which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.
You must ensure that your access to this Website is not illegal or prohibited by laws or policies (such as employers’ usage policies) that apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We do not accept any responsibility or liability for any interference or damage to your own computer which arises in connection with your use of this Website or any linked web site.
Use of Website Material
The contents of this Website, including text, graphics, images, logos, icons, photographs, audiovisual material and other content (“Website Material“) are protected by copyright under Australian and foreign laws. Copyright in that material is owned by or licensed to us (including in accordance with these Terms and Conditions).
You may access, print and view the Website Material for the purpose of your personal use of this Website. Other than for the purposes of your personal use of this Website, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any Website Material; or
- commercialise or on-sell any information, products or services obtained from any part of this Website;
without our written permission.
You agree to use the Website only for purposes that are permitted by these Terms and Conditions and not prevented by any applicable law or regulation.
You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.
You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.
All trade marks referred to on this Website are, unless otherwise expressed or implied, owned by or licensed to us.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive; or
- in a manner that disparages us, or our products or services, or the Website.
This Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners of operators of those linked websites, or of any materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
You must not insert a link to the Website from any third party if in doing so you indicate any endorsement, sponsorship or approval from us.
We make no claim to ownership of the content submitted by you.
You warrant that you have the right to upload any material that you submit and that in doing so you will not in breach of any third party’s intellectual property rights. You agree to indemnify us in the event of any breach of this provision.
You agree not to disclose to any person or entity, personally identifiable information about other members that you learn using this Website without the express written consent of such member.
In order to access some features of the Website, you will need to be a registered member. You may not use another member’s account without their permission.
When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
You will be required to have a username which will likely be your email address.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
By accessing the Website and or registering an account, you accept these terms and conditions and acknowledge that you are over 18 years of age and are entering into a legal contract with us. Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the said minor.
Purchasing and Payment
Some areas of the Website require you to pay a membership fee as disclosed on the Website.
All prices listed on the Website are listed in Australian Dollars and we only accept payment in Australian Dollars. Prices include GST where applicable. Prices are current at time of display but are subject to change on prior notice.
We offer an annual subscription payable yearly in advance. Details of pricing will be available on the Website.
Additional terms and conditions may apply to specific portions or features of the Website, including special promotions or other similar features, all of which terms are made a part of these Terms and Conditions by reference. You agree to comply with such other terms and conditions. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion or features of the Website, those latter terms shall prevail.
Once you have paid your subscription, and provided that subscription is accepted, you will receive an order confirmation via email. Please check this confirmation.
Payment must be effected in the manner described on the Website (credit card, debit card and any other method indicated such as PayPal) and must be received in full prior to provision of access. If paying with a credit card, there may be additional charges imposed by your credit card provider where your purchase involves foreign exchange transactions.
You warrant that there will be sufficient funds or credit facilities to cover the order amount. We reserve the right to obtain validation of your payment details before providing access to portions of the Website.
You acknowledge that despite our reasonable precautions, we may list an incorrect price or incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
If you purchase a subscription you are entitled to request and be given a refund of any subscription fees paid if you are not satisfied within 30 days of the subscription payment being made. Thereafter the subscriptions fees are non-refundable, except if and to the extent required at law.
If we receive a chargeback request, your account will be suspended pending the outcome of the request.
Rules of Conduct
You must abide by the following rules when accessing or using the Website:
- You agree not to use the Website for any unlawful purpose and not to violate any applicable local, state, national or international law.
- You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree not to violate the property rights of others, and you agree not to post any content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party.
- You agree not to upload files, or cause users to upload files, that contain viruses, worms, “Trojan horses”, corrupted files, or any similar software or programs that may adversely affect the operation of another’s computer.
Security of Information and data and system integrity
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit is at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
We do not represent or warrant that the Website or any content will be available uninterrupted or error free or that any defects in the Website will be corrected.
Termination of access
Access to this Website may be terminated at any time by us without notice. To the extent possible these Terms and Conditions survive such termination.
We reserve the right to change (including to alter, remove or add functionality) the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change. We may stop (temporarily or permanently) providing access to the Website to you or to visitors or members generally, at our reasonable discretion and without prior notice to you. We may terminate your account or restrict your access to the Website without prior notice to you if we reasonably consider that there has been a breach of these Terms and Conditions by you.
We shall not be liable for any failure or delay in performance of our obligations under these Terms and Conditions if the delay is caused by circumstances beyond our reasonable control, including:
- fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
- denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
- a significant demand is placed on our infrastructure which is above the usual level of demand and which results in a failure of our software and hardware to function correctly;
- the failure of any third party (including without limitation, any bank or other financial organisation) to fulfill any obligations to us; or
- any other circumstances or events which are beyond our reasonable control.
Waiver, Severance and Assignment
Our failure to take action with respect to any breach by you or others does not waive our rights to take action with respect to subsequent or similar breaches.
If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed severed from the remainder of these Terms and Conditions and will not affect the validity of the remaining provisions.
In the event that we merge, sell or otherwise change control of our business or company or this Website, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or content that you have provided to us. You agree that we shall have the right to assign, transfer or novate the rights that we have under these Terms and Conditions.
These Terms and Conditions are governed by the law in force in the State of Victoria, Australia.
Affiliate terms and conditions of My Health Train at https://pain-train.com.au
We are: My Health Train Pty Ltd, company registered in Australia, ACN number 613511363
Our address is: PO Box 320 Queenscliff Vic 3225
Our Website is at: pain-train.com.au
any person who signs up to be an Affiliate; or
any person with whom we make an arrangement to pay for sales introduced by you.
These terms and conditions regulate the business relationship between you and us. If you sign up as an Affiliate, you agree to be bound by them.
These are the agreed terms
||means a Visitor who joins our Affiliate programme direct from your reference. It also includes you.
||means the money paid by us to you under the terms of this agreement.
||means the period of time starting on the date a Visitor becomes a Subscriber.
||means all information about us. It includes among other things: information about our staff, their personal contact information, our businesses, methods of doing business, future plans, policies, suppliers and customers. It includes information about suppliers, agents, distributors and customers. It includes information about the Intellectual Property.
||means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes Content Posted by you.
||means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
||means any website of ours, and includes all web pages controlled by us.
||means the day by which we shall have paid Commission due to you.
||means place on or into Our Website any Content or material of any sort by any means.
||means the reports prepared by our administrator/s for the purpose of providing to you statistics relating to Paid Subscribers and subscriptions.
||means all of the services available from Our Website, whether free or charged.
||means a Visitor who at any time is recorded by us as having reached Our Website and registered with your referring name.
||means anyone who visits Our Website.
In this agreement unless the context otherwise requires:
- a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
- any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
- except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
- in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
- the headings to the paragraphs to this agreement do not affect the interpretation.
- a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated AUD$100 per hour.
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
Relationship of parties
- This agreement does not create a partnership or agency or the relationship of employer and employee, or other relationship between any of the parties, other than the contractual relationship expressly provided for.
- Neither party shall have, nor represent that it has, any authority to make any commitment on the other party’s behalf.
- The Commission rate is 30% flat rate on full subscription, for example:
- AUD$29 (including tax) for subscribers in Australia; and
- $26.36 (excluding tax) for subscribers outside Australia.
- The Commission Period is a one-off payment for every 12 month subscription paid in full.
- Pay Day is within 30 days after our choice of:
- full payment of subscription; or
- the 30 day trial period; and/or
- 30 day guarantee period.
- We will pay you Commission on each subscription paid from pain-train.com.au from a Paid Subscriber.
- We will pay you Commission on each subscription paid from pain-train.com.au by a Paid Subscriber who registers with your promo code.
- You register as an Affiliate by completing the online form. By confirming your registration on that form you agree to be bound by all the terms and conditions set out in this agreement.
- This agreement covers only our Affiliate programme. When viewing or using Our Website you are bound by the same terms and conditions as any other Visitor.
Commission calculation and payment
- Commission is calculated at a flat rate on either Australian or international subscription price.
- Commission is calculated and paid in Australian dollars. The rate of exchange is taken at the date of payment to you.
- No deduction from Commission is made by us in respect of currency exchange costs.
- Commission is inclusive of any tax payable by you to any authority. If we become liable at law to deduct tax before payment to you, we shall do so, paying the net amount to you.
- Commission will be paid by Internet transfer to the account designated by you.
Merchant tracking and reports
- We undertake to set up our Affiliate programme so as to:
- record all sales made to Paid Subscribers within the Commission Period;
- record the cumulative amount of Commission due to you for any time period you choose;
- record the history of payments of Commission made to you;
- provide the Reports.
Changes to this agreement
- We reserve the right to change this agreement at any time and in any way. A change will take effect when we Post it on Our Website. If you continue to send Visitors to Our Website, that will be taken as acceptance of the new terms. However, we do undertake to give you notice of any proposed change in the Commission rates.
- We reserve the right to change the contract to prospective subscribers / Affiliates at any time and without notice to you, even if this affects your earnings. This includes change to prices, operating procedures Our Website’s layout and organisation.
Removal of offensive content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may choose ― solely at our discretion ― what to do about the relevant content.
- In respect of any complaint made by you or any person on your behalf, whether using our form or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Security of our website
If you violate Our Website, we shall take legal action against you.
You agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
- link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- share with a third party any login credentials to Our Website;
- Despite the above terms, we now grant a licence to you to create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
We control visitor data
- We shall be solely responsible for subscriptions / payment processing, renewal payment processing, cancellations and refund processing, and related subscriber
- All personal information about Visitors/ Paid Subscribers collected by us is owned solely and exclusively by us.
Duration and termination
This agreement shall continue until terminated:
- by one week’s notice in writing by either of us to the other; or
- immediately by either of us if the other commits any material breach of any term of this agreement and which in the case of a breach capable of being remedied is not remedied within 30 days of a written request to remedy it.
At and after termination
When this agreement terminates:
- All rights and licences granted to you in this agreement shall immediately terminate.
- You will not be entitled to Commission for subscriptions after the date of termination.
- If we continue to receive payments from Paid Subscriber after termination of this agreement, this will not constitute a continuation or renewal of this agreement or a waiver of termination.
- You will immediately return to us all copies of all Confidential Information in your possession and will cease to use the Intellectual Property.
- We may withhold from you the final payment of Commission for a reasonable time to ensure that the correct amount is paid.
- All claims or actions that one party has against the other shall remain intact despite termination.
You agree that at all times you will:
- not cause or permit anything which may damage or endanger our title to the Intellectual Property.
- not during the currency of this agreement or within five years of its expiry, instruct for, create or write software to perform any of the purposes for which the Services are used.
- notify us of any suspected infringement of the Intellectual Property;
- indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
- on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by the Company in writing;
- not use any name or mark similar to or capable of being confused with any name or mark of ours;
- not use the Intellectual Property except directly in our interest.
- You now agree that you will:
- keep all records of the Confidential Information in all media separate from other records;
- use your best endeavours to keep confidential (and to make sure that your employees and agents shall keep confidential) any Confidential Information which you or they may acquire.
- not store, copy, or use the Confidential Information in any place or in any electronic form which may be accessible to any other person.
- not use or disclose Confidential Information except with our consent.
- from today until the expiry of five years from the termination of this agreement, keep the Confidential Information secret and not divulge or make it known to anyone nor use it for the benefit of yourself or any other person.
- This paragraph does not apply to disclosure:
- made with the consent of the proper officers of the company or under the authority of the board or by order of the court.
- of information or knowledge which comes into the public domain otherwise than by reason of our default.
- as may be minimally necessary to give effect to the purposes of this agreement whilst ever the agreement is operational.
- The obligations set out in this paragraph shall continue to be fully effective indefinitely even if you have destroyed or returned the Confidential Information.
- We hereby grant to you a non-exclusive, non-transferable licence, during the term of this agreement, to use the Intellectual Property solely to promote My Health Train.
- This licence cannot be sub-licensed, assigned or otherwise transferred by you.
- The provisions of this paragraph shall survive for a period of 5 years after termination of this agreement.
You indemnify us
You agree to indemnify us against all costs claims and expense arising directly or indirectly from:
- any claim representation or warranty made by you in connection with us; or
- your failure to comply with the law of any country; or
- any use of Your Website for a purpose forbidden by this agreement;
- legal or other fees we incur in defending a claim or the imposition of a fine or penalty.
Interruption to the Service
- If we believe in our absolute discretion that it is necessary for us to interrupt the Services we may do so without notice to you.
- You acknowledge that the Services may also be interrupted for reasons beyond our control.
- You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.
Disclaimers and limitation of liability
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All implied conditions, warranties and terms are excluded from this agreement.
- Our Website may include Content Posted by third parties. We are not responsible for any such Posting.
- You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.
- Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
- The https://pain-train.com.au Website and My Health Train Services are provided “as is”. We make no representation or warranty that the online resource/affiliate system will be:
- useful to you;
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error.
- We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
- We accept no responsibility for:
- delivery of Content, material or any message;
- privacy of any transmission;
- third party advertisements which are posted on Our Website or through the Services;
- the conduct, whether online or offline, of any user of Our Website or the Services;
- failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services.
- loss or damage resulting from your attendance at an event organised through Our Website or the Services;
- You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
- Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of $2,000.
- We shall not be liable to you for any loss or expense which is:
- indirect or consequential loss; or
- economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
- This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
- Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
- So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
|if delivered by hand: on the day of delivery;
|if sent by post to the correct address: within 72 hours of posting;
|If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
- In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria and you agree that any dispute arising from it shall be litigated only in that State.
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