Pain Free Physiotherapy Terms & Conditions
By using or visiting the The Merchant website or any of the Merchant’s products, software, data feeds, and services provided to you on, from, or through the Site (collectively the “Service”) you signify your agreement to
- a) These terms and conditions (the “Terms & Conditions”)
- b) Any rules of conduct displayed on the Site, found in the ‘Legal’ section are incorporated by reference.
If you do not agree to any of these terms, please do not use the Service. The Service is provided by the Merchant (Pain Free Physiotherapy), which, along with its products and services, is referred to as “the Merchant” in these Terms & Conditions.
Although we may attempt to notify you when major changes are made to these Terms & Conditions, you should periodically review the most up-to-date version here. The Merchant may, in its sole discretion, modify or revise these Terms & Conditions and policies at any time, and you agree to be bound by such modifications or revisions.
These Terms & Conditions apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, comments and other material you may view on, access through, or contribute to the Service. The Service includes all aspects of the Site, including but not limited to all products ,software and services offered via the Merchant’s website.
The Service may contain links to third party websites that are not owned or controlled by the Merchant. The Merchant has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Merchant will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly release the Merchant from any and all liability arising from your use of any third-party website.
3) General Use of the Service – Permissions and Restrictions
The Merchant hereby grants you permission to access and use the Service, provided that:
- a) You agree not to alter or modify any part of the Service
- b) You agree not to access Content through any technology or means other than the pages of the Service itself.
- c) You agree not to use the Service for any of the following commercial uses unless you obtain the Merchant’s prior written approval:
- i) The sale of access to the service
- ii) The sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
iii) The sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from the Merchant appears on the same page and is of sufficient value to be the basis for such sales.
- d) You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably product in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Merchant grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indexes of the materials, but not caches or archives of such materials. The Merchant reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
- e) In your use of the Service, you will comply with all applicable laws.
- f) The Merchant reserves the right to discontinue any aspect of the Service at any time.
4) Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- a) The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to the Merchant, subject to copyright and other intellectual property rights under the law.
- b) Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service.
- c) You shall not download any Content unless you see a “download” or similar link displayed by the Merchant on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the Merchant or the respective licensors of the Content. The Merchant and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- d) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- e) You understand that when using the Service, you will be exposed to Content from a variety of sources, and that the Merchant is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Merchant with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the Merchant, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
5) Content and Conduct
By using the Service you may submit Content to the Service, including images and user comments. You understand that the Merchant does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to the Merchant all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
You retain all of your ownership rights in your Content. However, by submitting Content to the Service, you hereby grant the Merchant a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and the Merchant’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, modify, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Merchant all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations. The Merchant’s team reserves the right to alter or remove any review or rating to their discretion. This may be to abide by any applicable local, national, and international laws and regulations, or to better reflect the review content. A rating score may be changed if the rating does not sufficiently reflect the content of the review.
The Merchant does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Merchant expressly disclaims any and all liability in connection with Content.
The Merchant does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and the Merchant will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. The Merchant reserves the right to remove Content without prior notice.
6) Account Termination Policy
The Merchant will terminate a user’s access to the Service if, under appropriate circumstances, the user is determines to be a repeat infringer of these terms and conditions. The Merchant reserves the right to decide whether Content violates these Terms & Conditions.
7) Warranty Disclaimer
You agree that your use of the services is at your sole risk. To the fullest extent permitted by law, the Merchant, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. The Merchant makes no warranties or representations about the accuracy or completeness of this service’s content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Merchant’s service. The Merchant does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any user status submission or other advertising, and the Merchant will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
8) Limitation of Liability
We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded. If that is true in your jurisdiction, then to the extent permitted by law, the Merchant limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again).
You specifically acknowledge that the Merchant is not liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Service is controlled and offered by the Merchant from its facilities in Australia. The Merchant makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own violation and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Merchant, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
- a) Your use and access to the Service;
- b) Your violation of any term of these Terms & Conditions;
- c) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- d) Any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms & Conditions and your use of the Service.
10) Ability to Accept Terms & Conditions
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions.
We provide these terms & conditions with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms & Conditions and that you have agreed to them.
These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Merchant without restriction.
You agree that:
- a) If it turns out that a particular term is not enforceable, this will not affect any other terms.
- b) No waiver of any term of this Terms & Conditions must be deemed a further or continuing waiver of such term or any other term, and the Merchant’s failure to assert any right or provision under these Terms & Conditions must not constitute a waiver of such right or provision.