Terms And Conditions Mclbp C

OUR TERMS AND CONDITIONS

1. About the Website

1.1 Welcome to www.wellnessone.com.au and the affiliates www.masteringbackpain.com and www.masterginbackpain.com.au ('Website'). The Website provides online programs to assist members with health issues including, but not exclusive to, chronic low back pain issues, as set out in clause 4.5 of these Terms ('Services').

1.2 The Website is operated by Wellness One Pty Ltd (ACN 672913656) (‘we’, ‘us’, ‘our’). Access to and use of the Website, or any of its associated Products or Services, is provided by us.

1.3 Please read these terms and conditions ('Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must immediately cease using the Website and all of the Service

2. Changes to the Terms

2.1 We reserve the right to review and change any of the Terms by updating this page at our sole discretion. If we change the Terms:

(a) We will notify you of the fact that the Terms have been changed, by sending you an email to the email address associated with your account;

(b) he changes to the Terms will be effective:

(i) at the next due date for your Subscription Fee, if the changes relate to your Subscription and you have not paid the Subscription Fee in full or are scheduled to pay the Subscription Fee on an ongoing basis; or

(ii) in all other situations, upon your next use of the Website.

3. Acceptance of the Terms

3.1You accept the Terms at these times, at the earliest time as permitted by law:

(a) Whenever you visit the Website;

(b) When you register for membership on the Website; and

3.2 When you accept these Terms, you also accept and agree to be bound by our policies that are published on the Website.

4. Subscription to use the Services

4.1 In order to access the Services, you must first purchase a subscription through the Website ('Subscription').

4.2 As part of the Subscription purchase process, or as part of your continued use of the Services, you will be required to register as a member of the Website and provide personal information about yourself, including (but not limited to):

(a) Full name,

(b) Address,

(d) Email address,

(e) Medical or health information, and

(f) Waiver of liability.

4.3 You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct, and up to date.

4.4 Once you have completed the registration process, you will be a registered member of the Website ('Member'). As a Member, you will be granted access to the following:

(a) Mastering Chronic Low Back Pain online program; and

(b) Inner Circle Wellness online community group if you choose to extend your Subscription to include this access.

4.5 Notwithstanding clause 6.1, full payment is due at the time of Subscription. You will be entitled to a full refund within the 7 days after your Subscription registration (‘Trial Period’). You will be able to access the Services in full and cancel the Subscription during the Trial Period if our Services do not suit you. Once the Trial Period passes, you will not be eligible for a refund of your paid Subscription Fee.

4.6 In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use. The precise details of each type of Subscription and any additional Services, are set out on the Website.

4.7 You may not use the Services and may not accept the Terms if you are less than 18 years of age.

4.8 Please note that we reserve the right to discontinue the Services for breach and for commercial reasons, pursuant to clauses 4, 5, and 11 of these Terms.

5. Your obligations as a Member

5.1 As a Member, you agree to comply with the following:

(a) you will use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of Member credentials, including but not limited to login name, email, and password. Use of your credentials by any other person (whether with your knowledge or not) may result in the immediate cancellation or suspension of the Services in order to safeguard the integrity of our Website and confidentiality of the information we hold about our Members;

(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(d) access and use of the Website is limited, non-transferable, and allows for the use of the Website solely by you to access the Services;

(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by us;

(f) you will not use the Services or Website for any illegal or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email, or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation you place on our Website may be removed without notice and may result in termination of the Services; and

(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5.2 We reserve the right to utilise third-party online platforms for the delivery of the Services and processing of any payments. In this regard:

(a) at the time of writing these Terms, we use the Kajabi platform, whose terms and conditions of use and privacy policy can be viewed at https://kajabi.com/policies and you agree to be bound by any relevant terms, conditions, and policies set by Kajabi;

(b) we may utilise other third-party platforms for content delivery or payment processing, in which case we will notify you by email, and by continuing to use our Website or accessing the Services you agree to be bound by their terms, conditions, and policies; and

(c) you indemnify us against any claims or demands made by the third-party platforms against us, arising from your breach of their terms, conditions, and policies.

5.3 You acknowledge and agree that we reserve the right to:

(a) take any legal action, or make a report to law enforcement authorities; and

(b) suspend access to the Website, Services, or cancel your Subscription;

if we have reason to suspect any illegal or unauthorised use of the Website, or you breach any of your obligations set out in these Terms.

6. Payment

6.1 Depending on the type of Membership to choose, payment of the Subscription Fee may be made in the following manner:

(a) for access to Mastering Chronic Low Back Pain:

(i) up-front payment of the full Subscription Fee; or

(ii) monthly instalments over a period of 6 months; and

(b) for access to Inner Circle Wellness after the first 3 months of your Subscription, on a monthly basis.

6.2 The precise amounts for the Subscription Fee are set out on the Website.

6.3 You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

7. Refund Policy

7.1 We will only provide you with a refund of the Subscription Fee if:

(a) you are a “consumer” as defined under the Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the ‘Australian Consumer Law’) and the supply of the Services is a consumer contract;

(b) we are in breach of consumer guarantee that cannot be excluded or modified under the Australian Consumer Law; and

(c) the Services are of unacceptable quality or not fit for purpose, and we are unable to re-supply the Services to an acceptable quality or in a manner fit for purpose (as the case may be), within a seven days from date of purchase.

7.2 If we:

(a) decide to withdraw the Services or terminate the Website within 6 weeks of the commencement of your Subscription; and

(b) you have paid the full Subscription Fee up-front;

then we will refund the Subscription Fee pro-rated to balance of the 6 weeks remaining.

8. Copyright and Intellectual Property

8.1 The Website, the Services, and all ancillary content we provide are protected by copyright and trademarks under the laws of Australia and through international treaties. Unless otherwise indicated, all rights in the Services, compilation of the Website (including but not limited to text, images, videos, audio, source code, byte code, object code, configuration scripts, design features, and interactive functionality), and ancillary material provided by us (‘Website Intellectual Property’) are owned or controlled for these purposes, and are reserved by us and third-party licensors.

8.2 All Website Intellectual Property are owned by licensed by us. We grant to you a worldwide, non-exclusive, revocable license whilst you are a Member to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website in your device's temporary cache memory; and

8.3 We do not grant you any other rights whatsoever in relation to the Website Intellectual Property. All other rights are expressly reserved by us, or where indicated, by our third-party licensors.

8.4 Nothing you do on or in relation to the Website will transfer any:

(a) title or ownership of business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright;

(b) a right to use or exploit a business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright; or

(c) a thing, system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process),

to you.

8.5 You may not, without our prior written permission, and the permission of relevant third-party licensors:

(a) broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public; or

(b) adapt or change in any way the Website or the Services for any purpose;

unless otherwise expressly provided by these Terms. This prohibition does not extend to materials on the Website which are freely available in the public domain.

9. Privacy

9.1 We take your privacy seriously and any personal information that you provide to us via the Website or in the course of accessing our Services, will be dealt with in accordance with our Privacy Policy which can be read at www.wellnessone.com.au/privacy.

10. Disclaimer and Liability

10.1 Australian Consumer Law

Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be excluded or modified.

10.2 No warranty

Subject to any contrary provision in these Terms and to the extent permitted by law, all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded.

10.3 Not professional advice, diagnosis, or therapy

To the extent permitted by law, you acknowledge and agree that:

(a) the content of the Services of a general nature and we do not purport to provide any personalised medical or allied health advice, and you acknowledge and agree that it is solely your responsibility to obtain such advice prior to, and throughout, your use of the Services;

(b) all information, insights, guidance, techniques, exercises, or programs contained in the Services do not constitute an attempt to provide personal medical or allied health or other professional advice, and they should not be used to diagnose any medical condition or for any therapeutic purpose and should not be used in lieu of professional diagnosis and therapies;

(c) your use of the Services does not form a practitioner-patient relationship between you and us, under any law, regulation, or ethical code governing medical or allied health professions;

(d) prior to using the Services, you must obtain clearance from your medical and any relevant allied health practitioner in relation to undertaking any exercises or other activities contained in or suggested via the Services;

(e) you must seek your own medical and any relevant allied health advice if you experience any discomfort, injury, or change to your health condition while undertaking any exercise or other activity contained in or suggested via the Services;

(f) the Services may suggest the application of ice or similar products on your lower back or other parts of the body. You acknowledge and agree that the use of ice or other products, are at your own risk and that we shall not be liable for any ice burn or injury from the application; and

(g) we do not guarantee any particular outcome, cure, or change to your well-being, and shall not be liable for any exacerbation of pain or symptoms, as a result of using the Services.

The above limitations and disclaimers do not apply if you suffer any personal injury or death as a result of our gross negligence, recklessness, or misconduct.

10.4 Health risk factors

You acknowledge and agree that you must not use the Services and must cease any existing use of the Services, if you:

(a) have constant unrelenting pain;

(b) have pins and needles or numbness;

(d) suffer from night pain;

(e) have weakness in one (1) or both legs;

(f) are experiencing changes to your bladder or bowel function;

(g) have symptoms in your saddle region;

(h) have experienced changes to reflexes in your legs;

(i) have a heart condition or uncontrolled blood-pressure;

(j) have experienced or are experiencing unexplained weight loss;

(k) are suffering from serious illness or disease;

(l) have active or malignant cancer;

(m) are pregnant;

(n) have given birth within twelve (12) weeks prior to commencement of Wellness One's Digital Health Care Programs;

(o) are generally feeling unwell, including but not limited to suffering any cold or flu like symptoms, constipation, diarrhoea or vomiting or

(p) have been given professional medical advice not to undertake it.

If you suffer or experience any of the above, you must not use the Services, or if you have commenced using the Services, immediately cease using the Services, and seek immediate medical care.

10.5 Use of heat and/or ice

Wellness One's Digital Health Care Programs may recommend the application of ice (or similar products) or heat (or similar products) on a Subscriber’s spine (or other part of the body) as part of Wellness One's Digital Health Care Programs. The Subscriber acknowledges that the use of ice (or similar products) or heat (or similar products) is at the Subscriber’s own risk and that Wellness One shall not be liable if the Subscriber suffers any ice or heat burn, or injury from the application.

10.6 Website risks

Use of the Website is at your own risk. Everything on the Website is provided to you "as is" and "as available" without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors, and licensors make any express or implied representation or warranty about the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(d) operation in respect to links, which are only provided for your convenience.

11. Termination of Contract

11.1 The Terms will continue to apply until terminated by either you or us, as follows.

11.2 If you want to cancel your Subscription, you may do so by indicating cancellation of your Subscription in your account profile on the Website:

(a) effective no earlier than 6 months after the commencement of your Subscription, if you have elected to pay the Subscription Fee by monthly instalments;

(b) effective immediately if you have paid the Subscription Fee in full up-front; or

(c) effective at the end of the then-current monthly Subscription period if the cancellation is for access to the Inner Circle after the first 3 months of your Subscription.

11.3 If you purport to cancel your Subscription in breach of the timeframes set out in clause 11.2, we may accept the cancellation but any Subscription Fee due for the then-current Subscription period shall be immediately due and payable unless clause 7.1 applies.

11.4 We may at any time, suspend or cancel your Subscription or terminate these Terms, at our sole but reasonable discretion, if:

(a) you have breached any provision of the Terms or have indicated an intention to breach any provision;

(b) we are required to do so by law; and

If we have terminated these Terms or cancelled your Subscriptions because of (b) or (c), then clause 7.2 shall apply.

11.5 Subject to local applicable laws, we reserve the right to discontinue or cancel your membership at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct adversely impacts our reputation or violates the rights of those of another Member or third-party.

12. Governing Law

12.1 These Terms are governed by the laws in force in the state of Queensland, Australia.

12.2 The courts and tribunals operating in the state of Queensland, Australia (and all courts that may hear appeals from thereof) shall have exclusive jurisdiction to determine any dispute arising from or related to these Terms and all Products and Services provided by us.

13. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

14. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

UPDATED 15 November 2023

OUR TERMS AND CONDITIONS

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