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.