PERFORMANCE HEALTH MANAGEMENT EDUCATIONAL SERVICES
TERMS AND CONDITIONS
Last updated on 4 October 2019.
These terms and conditions (Terms) govern your use of the Performance Health Management website located at https://www.performancehm.com.au (Website) and our supply of services through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, MARTIN RAGNAR WOLLIN ABN 19 011 431 677 operating under the business name PERFORMANCE HEALTH MANAGEMENT (Performance Health Management, our, we or us).
These Terms set out the terms and conditions that apply when you use this Website and if you offer to purchase services through the Website (Services).
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
Performance Health Management provides educational services for health practitioners and health students via the Website. To join our online education services you must be a registered health practitioners or university or tertiary student in a health field.
We provide you with services including podcasts, webinars, online courses and content as set out on our Website. Our Services will be as set out on our Website. If you decide to use our Services you must first sign up and make a payment as set out on the Website.
(a) (No minors) In order to use the Services, you must be at least 18 years old.
(b) You may not access the Services if you are under 18 years old.
(c) (Health Practitioners and Students) You cannot access unless the Services unless you are a registered health practitioner or a student in a health field.
(d) By accessing and using the Services you represent and warrant that you are either a health service practitioner or a student in a health field.
(e) Performance Health Management accepts no responsibility for unauthorised use or access of the Services and content from persons whom are not registered health practitioners or students in a health field.
1.2 ACCOUNT REGISTRATION
In order to use the Services, you will be required to sign up for an account (Account). Signing up for an Account is free.
When you register for an Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you’re solely responsible for:
(a) maintaining the confidentiality and security of your Account information and your password; and
(b) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
Where a Service is a Free Service it will be set out on our Website.
1.4 FEES AND MEMBERSHIP
In order to access the Services, you must become a member by creating an Account. We offer a no cost membership which will allow you to access some features of our Services and content for free (Free Services). In order for you to access additional features including courses and content (Paid Services), we may require the payment of fees (Fees). These Fees may be paid via our Website or Payment Provider (defined below) or otherwise depending on our current prices and billing process.
You must pay any fees in the amounts and at the times set out in on our Website or as otherwise agreed in writing with you.
1.5 PAID SERVICES
Where is a Service is a Paid Service, payment details including prices and a description of that Paid Service will be set out on our Website.
1.6 FAILURE TO PAY
If Fees for an Account are not paid when they are due, we may revoke your Account and require payment for you to continue accessing those Services.
1.7 PAYMENT METHODS
We may use third-party payment providers (Payment Providers) to collect Fees. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(Card surcharges) Performance Health Management reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by Performance Health Management, you must pay the GST subject to Performance Health Management providing a tax invoice.
Except as otherwise set out on our Website, we generally don’t offer refunds for any of our memberships and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we’ll consider your situation.
1.9 YOUR OBLIGATIONS
You must provide us with all documentation, information and assistance reasonably required us to perform the Services.
1.10 ACCEPTABLE USE
We’ll need you to make a few promises about the way you’ll use the Services.
(a) not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;
(b) not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(c) not to use the Services for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
(d) not to attempt to breach the security of the Services or Performance Health Management’s system security, or otherwise interfere with the normal function of the Services, including by:
(i) gaining unauthorised access to Performance Health Management Accounts or data about other users of the Services;
(ii) scanning, probing or testing the Services for security vulnerabilities;
(iii) overload, flood, mailbomb, crash or submit a virus to the Services or Performance Health Management’s system; or
(iv) instigate or participate in a denial-of-service attack against the Services or Performance Health Management’s system; and
to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with the Terms.
1.11 COLLECTION NOTICE AND PRIVACY
(a) You are responsible for the cancellation of your Account. You can cancel your Account and any membership at any time by using the functionality provided on our Website or by emailing firstname.lastname@example.org.
(b) To the extent permitted by law, we reserve the right to terminate your access to any or all of the Services or any part of the Services at any time without notice, for any reason, provided that we refund to you any fees for Services which you have paid for and not received.
(c) We may also terminate your access to any or all of the Services at any time without notice without issuing a refund if you breach any provision of these Terms.
(d) (Cancellation and your data) Upon cancellation, termination or expiry of your Account, we will delete any data and material associated with your Account. You won’t be able to recover any of this after cancellation, termination or expiry of your Account so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Account.
(a) (Educational Material) The information on our Website and in these Services is sports medicine and health related information designed for health practitioners and students for educational purposes and professional development. The information is not for the general public and is not medical advice.
(b) (Not personal advice) The educational material is not intended as personal advice for your personal circumstances. Any information provided on the Website is purely for informational and educational purposes and not intended as personal advice. We accept no responsibility from any inaccuracy or unexpected outcomes from your use of the information on the Website as personal advice.
(c) (Not medical advice) Any information on the Website is not medical advice and you cannot rely on this information as a substitute for medical advice. Any information on the Website is not intended to diagnose, treat, cure or prevent any disease. We accept no responsibility from any adverse effects from using the information on the Website. If you think you may have a medical issue please seek medical advice from a trained medical professional.
(a) Any Service that requires Performance Health Management to acquire goods and services supplied by a third party on your behalf may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.
(b) You agree to familiarise yourself with any Third Party Terms applicable to any such goods and services and, by instructing Performance Health Management to acquire the goods or services on your behalf, you will be taken to have agreed to such Third Party Terms.
3. USE OF THE WEBSITE
3.1 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
3.2 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Performance Health Management;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Services;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Performance Health Management, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website;
(iv) instigating or participating in a denial-of-service attack against the Website.
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website will be secure or confidential; or
(e) any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including descriptions of our services, packages, prices and other Website Content.
3.4 INTELLECTUAL PROPERTY
(a) Performance Health Management retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Performance Health Management or as permitted by law.
3.5 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility.
(b) We have no control over the content of the linked websites and we are not responsible for it.
(c) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
Performance Health Management does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
3.7 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
(a) (Limitation of liability) To the maximum extent permitted by applicable law, Performance Health Management excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any Services or services provided by Performance Health Management. This includes the transmission of any computer virus.
All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Performance Health Management’s liability for breach of that non-excludable condition, warranty or guarantee will, at Performance Health Management’s option, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(b) (Indemnity) You agree to indemnify Performance Health Management and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives’ use of the Website or of any Services or services provided by Performance Health Management.
(c) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Performance Health Management be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any Services or services provided by Performance Health Management (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
(a) (Governing law) This agreement is governed by the law applying in Australian Capital Territory, Australia.
(b) (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of Australian Capital Territory, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
(c) (Amendments) These Terms may only be amended by Performance Health Management in accordance with the Terms.
(d) (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
(e) (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
(f) (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
(g) (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
(h) (Interpretation) In these Terms, the following rules of interpretation apply:
(i) (singular and plural) words in the singular includes the plural (and vice versa);
(ii) (gender) words indicating a gender includes the corresponding words of any other gender;
(iii) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(iv) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(v) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(vi) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
(vii) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(viii) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(ix) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(x) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.