Terms Of Use For Healing Posture Website
Legal Information
1. Introduction
a. Thank you for visiting our website. This website is owned by Victoria Senden whose principal business address is in Australia.
b. Your use of our website is subject to the following terms and, by using our website, you agree to be legally bound by them. This applies whether you register your details with us or not. Please read these terms carefully before using our website. If you do not agree to these terms, please do not use our website.
c. We may revise these terms from time to time. Please read these legal statements from time to time to review them, since you are legally bound by them. Certain areas of our website may be subject to additional terms, or terms that supersede these ones. You will be informed of this on those pages.
d. You may use our website without registering your details with us. Certain areas of our website will only be available to you if you register, however.
e. The website and all associated data is hosted by Kajabi.
2. Privacy Statement
a. We regard your privacy as important and the details that we collect from you, if you have chosen to provide them to us, is to enable us to send you information about products and services in which you register an interest. Please view our Privacy Policy for further information on our policy.
b. By providing us with your information you consent to us processing it for the purposes outlined in our Privacy Policy.
c. It is a requirement of using this site, that at all times you will provide true and accurate details in registration forms and via other information request points on our site and also that you do not share any log in details with third parties without our express consent. You agree to notify us immediately if you suspect that a password used by you has been used by a third party.
d. If you provide, or Healing Posture (HP) has reasonable grounds to suspect that you have provided any information that is untrue, inaccurate, not current, or incomplete, HP has the right to suspend or terminate your use of our site and refuse any and all current or future use of the site (or portion of the site.)
3. Licence
a. You are permitted to print and download extracts from our website for your own use only (and on no account for commercial purpose), provided that:
i. you do not modify any documents or their related graphics in any way;
ii. you do not use graphics separately from corresponding text; and
iii. our Intellectual Property Notice and this licence notice appear with all copies so printed and downloaded.
b. This licence does not extend to the commercial use of our website, any collection or use of any product listings, descriptions of our products or services, our pricing or any access to, and downloading of details of any third party who may be identified from any of the contents of our website.
c. You are granted a non-exclusive and revocable licence to create a hyperlink to your home page. Your hyperlink must not portray HP, our products and services, our agents, associates and affiliates in an offensive manner, or be misleading or false. You may not use our trademarks as part of your link without our written agreement for you to do so.
d. You acknowledge that HP may terminate or suspend your right to use this website if you breach, or if HP has reasonable grounds to suspect that you have breached the provisions of these Terms of Use.
4. Your use of the HP Website
a. Apart from your personal information, which is covered by our Privacy Policy any other material that you may post to our website will be considered non-confidential and non-proprietary. HP shall have no obligations with regard to such material. HP shall be free to copy, disclose, distribute, incorporate and use this material and all things embedded in it for its own commercial and non-commercial purposes.
b. When you use our website, you may not use it in any way that may be technically harmful (such as infecting it with computer viruses, logic bombs, Trojan horses, worms or any other harmful components, corrupted data, malicious or harmful software).
c. You may not use our website for any fraudulent or illegal purpose or in connection with a criminal offence.
d. You may not post or transmit material to, from or through our website that may be threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, scandalous, inflammatory, blasphemous or that may infringe the rights of any third party.
e. You may not cause annoyance or inconvenience to any person by using our website.
f. HP shall co-operate with any law enforcement authorities or court order requesting or directing HP to disclose the identity or locate anyone posting any material in breach of any of these provisions.
5. Links to Other Websites
Links to third party websites on our website are provided solely for your convenience. If you use these links, you will leave our website. HP has not reviewed all of these third party websites and does not control and is not responsible for them or their content or availability. HP does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our website, you do so entirely at your own risk.
6. Completing Forms on the HP website
a. If you choose to provide us with information via a form on the HP website we will use that information only to complete the request specified by that form, or to update you regarding similar products and services to those purchased.
b. If you choose to complete any HP form, we will collect your information by an automated process.
c. We will not share your information with any third party, other than as described above in Your Use of the HP Website and our Privacy Policy
d. We do not create individual profiles with the information that you have provided.
e. We will retain the information provided by you only for so long as is reasonably appropriate under the Data Protection Act 1998.
7. Copyright Statement
a. All content within our website and software, passwords and code used or supplied in connection with its operation is the property of HP or its licensors unless stated otherwise. For further details of our policy with regard to all of our intellectual property, please see our Intellectual Property Statement.
b. You expressly agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this website or connected HP websites or content, products or service made available via those sites.
8. Disclaimer
a. While we endeavour to ensure that the information on our website is correct, HP does not make any warranties or representations about the accuracy and completeness of the material on it. HP may make changes to the material on the website, or to the products and prices described in it, at any time without notice. The material on our website may be out of date, and HP makes no commitment to update such material. HP expressly disclaims liability for errors and omissions in the contents of our website. Users should seek appropriate advice before proceeding on the basis of any information.
b. The material on our website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with our website on the basis that HP excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the website).
c. HP accepts no responsibility for any loss, damage, costs, charges, fees, injury or death which may arise from reliance on any information contained on this website or any other sites linked from this site. You agree that HP is excluded from all liability of any kind arising from any third party content or information on or linked from this site.
d. You acknowledge that use of the Internet is not guaranteed to be continuous or error free. HP shall not be liable for damage, costs or loss arising from events outside its control including without limitation flood, fire, theft, power outage, terrorist attack, loss or interruption of communications service, or strike.
9. Liability
a. The liability of HP for all loss, claim, charges, fees, injury or death directly resulting from the use of, or inability to use, its website is limited to $200. Save for that limit, HP and any of its group companies of HP and the officers, directors, employees, shareholders, contractors or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party through the use of, or your
inability to use, our website, or through the content of our website. This includes (but this list is not exhaustive) any indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or use of money. This limitation applies whether your damages or losses may arise in tort (including without limitation negligence) or contract.
b. Nothing in this legal notice shall exclude or limit the liability of HP for:
i. a death or personal injury caused by negligence; or
ii. fraud; or
iii. misrepresentation as to a fundamental matter; or
iv. any liability which cannot be excluded or limited under applicable law. If your use of material on our website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs of such. Nothing in these Terms of Use shall affect your statutory rights.
10. General
Notices served in relation to these Terms of Use must be in writing and may be served by post or e-mail.
11. Governing Law and Jurisdiction
These legal notices shall be governed by and construed in accordance with the Australian Law. Disputes arising in connection with these legal notices shall be subject to the exclusive jurisdiction of the Australian Courts.
Terms and conditions: Video Series
1. INTRODUCTION
a. A copy of these Terms and all other documents which apply to the Customer’s purchase of Video Series are available for the Customer to read at www.healingposture.com.au/terms-and-conditions
b. If the Customer is a consumer (i.e. not purchasing the Video Series from business, trade or profession, herein “consumer”) then nothing in these Terms will affect its statutory rights. If the Customer has any questions or complaints about the Video Series, please contact Healing Posture.
2. DEFINITION AND INTERPRETATION
In these Terms, unless the context otherwise requires, the following expressions shall have the following meanings:
Acknowledgement E-mail has the meaning assigned to it at clause 3.b.
Agreement refers to a contract between the Customer and HP for the purchase of Video Series, on the terms set out in the Terms.
Business Day refers to a day other than a Saturday, Sunday or public holiday in Territory, when banks in the Territory are open for business.
Charges refers to the charges payable by the Customer for the Video Series in accordance with clause 6 (Charges and Payment).
Consumer has the meaning assigned to it at clause 1.b.
Customer refers to the person who is purchasing the Video Series
HP means Healing Posture and Victoria Senden (Mace)
Terms refers to these terms and conditions of purchase, together with the HP privacy policy available at https://www.healingposture.com.au/
Video Series means a video or videos that are available on the Website for purchase
Website means https://www.healingposture.com.au/
3. MAKING A PURCHASE
a. To purchase the Video Series, the Customer must register or login on the Website. Once this step is complete, the Customer must provide all requested information (including payment details) and confirm the purchase of Video Series. Advance payment of the Charges will be required at the point of submission in order to purchase the Video Series.
b. Acknowledgement of purchase: After the Customer has provided all required information and confirmed purchase, HP will acknowledge receipt by e-mail, which may contain information about the Video Series
4. SUPPLY OF VIDEO SERIES
a. HP will provide the Customer access to the Video Series by providing access to the Customer on the Website to be able to watch the Video Series.
b. HP may, in its sole discretion, change the way in which it provides access to Customers of Video Series and Customers must not object.
c. HP reserves the right to cancel a Customer’s access to the Video Series.
5. CUSTOMER'S OBLIGATIONS
a. Without the express written permission from HP, the Customer shall not, and, where applicable, shall ensure that any third party does not:
i. record the Video Series in any way;
ii. reproduce, record, scan or copy, alter, modify, translate (in each case, whether in whole or in part) the Video Series or its contents; or
iii. permit the Video Series (whether in whole or in part) to be reproduced, scanned, record, copied, combined with or become incorporated into any other materials.
b. The Customer shall ensure that it:
i. is able to meet the basic technical system requirements for hardware and software to view the Video Series; and
ii. does not upload any content that infringes upon the rights of HP, are in contravention of applicable law.
6. CHARGES AND PAYMENT
a. The Customer shall make the payment as directed during the purchase process on the Website prior to any purchases.
b. If any payment is owed to HP by the Customer after the purchase of Video Series, the Customer must attend to the payment within 7 days of receiving a notice of payment from HP.
c. Failure by the Customer to pay any Charges when they fall due may (at HP's discretion) result in:
i. Termination of the engagement and any agreement with the Customer;
ii. Rescission of access to the Video Series; and
iii. A claim for damages against the Customer.
d. Without prejudice to any other right or remedy that it may have, if the Customer fails to pay HP any sum due under this Agreement on the due date the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgement. Interest under this clause will accrue each day at 8% a year or the highest rate allowed under the law, whichever is lower.
e. All sums payable to HP under this Agreement:
i. are exclusive of goods and services tax, sales and services tax, value-added tax, and other like taxes (but not including such taxes levied on HP as corporate income taxes), and the Customer shall in addition pay an amount equal to any taxes chargeable on those sums; and
ii. shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
iii. Whilst HP takes reasonable care and skill to ensure that the prices of the Video Series are correct, mistakes may sometimes be made. If a mistake is discovered in the price of the Video Series that has been purchased by the Customer, HP will notify the Customer and the Customer may either:
1. reconfirm the purchase at the correct price and pay the difference, or
2. cancel the purchase. In this instance, if HP notifies the Customer and does not receive a response, the purchase will be cancelled.
3. The charges and payments made under this agreement are non-refundable. Once the payment has been made and the Customer is providing access to the Video Series, the Customer agrees not to make any claim against HP for costs or damages.
7. DISCLAIMER
a. HP, its agents or any authorised individuals (Victoria Senden) is not a physical therapist or medical specialist.
b. The information in this series is not intended to replace a one-to-one relationship with a qualified health professional and is not intended as medical/therapeutic advice. It is intended as a sharing of information from the research conducted by HP.
c. It is the responsibility of the Customer to determine of the information presented herein is appropriate to their needs, and whether they are capable of interpreting and applying it appropriately. HP encourages Customer to make your own healthcare decision, based upon your own research, and in partnership with a qualified health care professional.
d. HP is not responsible for any errors or omissions in this content, or any injuries and/or damages and/or losses resulting from its use.
e. Some or all of this content may not be applicable to the Customer. This video series documents the experiences and findings of HP.
f. HP makes no guarantee of results.
8. INTELLECTUAL PROPERTY RIGHTS
a. All intellectual property rights in or arising out of or in connection with the Video Series, including any associated materials shall remain the property of HP or its licensor.
b. As between the parties, the Customer shall own all right, title and interest in and to all of the Customer’s data.
c. For purposes of this clause 8, “intellectual property rights” means patents, trademarks, trade names, design rights, copyright, confidential information, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for the grant of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which shall subsist anywhere in the world.
9. DATA PROTECTION
a. HP processes and stores the Customer’s personal data in accordance with HP’s privacy policy at https://www.healingposture.com.au/privacy-policy
10. LIMITATION OF LIABILITY
a. Nothing in this Agreement limits or excludes, liability for:
i. fraud or fraudulent misrepresentation; and
ii. any liability which cannot legally be limited or excluded. b. Subject to clause 10.a, HP shall only be liable to the Customer for losses which the Customer suffers as a direct result of HP’s breach of these Terms and which are reasonably foreseeable. A loss is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both HP and the Customer knew it might happen, for example, if the Customer discussed it with HP during the sales process. HP shall not be liable for any other losses. c. Subject to clause 10.a, HP’s liability to the Customer (for all claims in aggregate) for claims made in contract (including under any indemnity or warranty), in tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement shall not exceed the total Charges paid or payable by the Customer for the Video Series.
d. If the Customer is not a consumer (i.e. purchasing the Video Series in the course of business, trade or profession), HP shall not have any liability to the Customer, whether in contract (including under any indemnity or warranty), in tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for:
i. loss of profit;
ii. loss of revenue;
iii. loss of anticipated savings;
iv. loss, destruction or corruption of data;
v. loss of contract, business or opportunity;
vi. loss of opportunity, goodwill or reputation;
vii. business interruption;
viii. wasted expenditure; and
ix. any indirect or consequential loss or damage of any kind howsoever arising.
e. This clause 10 shall survive termination of the Agreement.
11. CONFIDENTIALITY
a. Each party may be given access to confidential information from the other party in order to perform its obligations under the Agreement. A party’s confidential information shall not be deemed to include information that:
i. is or becomes publicly known other than through any act or omission of the receiving party;
ii. was in the other party's lawful possession before the disclosure;
iii. is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
iv. is independently developed by the other party, which independent development can be shown by written evidence. b. Subject to clause 11.c, each party shall hold the other's confidential information in confidence and not make the other's confidential information available to any third party, or use the other's confidential information for any purpose other than the implementation of the Agreement.
c. A party may disclose confidential information to the extent such confidential information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally
permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 11.c, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.
d. The Customer acknowledges that its information may be used by HP on an anonymous basis including without limitation compiling and publishing reports.
e. The above provisions of this clause 11 shall survive termination of the Agreement, however arising.
12. TERMINATION
a. HP may terminate the Agreement immediately in the following circumstances:
i. the Customer does not, within a reasonable time of HP requesting, provide HP with information that is necessary to provide the Video Series;
ii. the Customer commits a material breach of any term of the Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 calendar days after being notified in writing to do so;
iii. the Customer does not, on the agreed date or timeframe, allow HP to provide the Video Series;
iv. the Customer takes any step or action in connection with its entering administration, provisional liquidation, bankruptcy or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
v. the Customer makes disparaging comments about HP or Video Series to any individual, persons, company, entity or online either verbally, in writing or by way of posting on any social media or online or by commenting on posts on social media or online;
vi. the Customer is in breach of any legislation of the country that it resides in; or
vii. the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
b. Without affecting any other right or remedy available to it, HP may terminate the Agreement with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Agreement on the due date for payment. If HP terminates the Agreement for this reason, the Customer forfeits to HP any Charges paid in advance to HP where the Video Series has not been provided. Alternatively, HP may deduct or charge the Customer reasonable compensation for the net costs incurred by HP as a result of the Customer breaching the terms of the Agreement.
13. CONSEQUENCES OF TERMINATION
a. Where HP terminates the Agreement in accordance with clause 12:
i. the Customer shall return, destroy and delete (as applicable) all the Video Series that had been provided by HP; and
ii. any licence to the Customer by HP shall terminate.
b. On termination or expiry of the Agreement for any reason, any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination of the Agreement shall remain in full force and effect.
c. Termination of the Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination.
14. FORCE MAJEURE
HP shall have no liability to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of HP or any other party), pandemics or epidemics, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event as soon as practicable, and its expected duration.
15. VARIATION
a. HP reserves the right to amend the Agreement if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Training. In these circumstances, HP shall notify the Customer and explain the changes. A copy of the updated version of the Terms can be found on the HP website or is available on request from HP.
b. Subject to clause 15a., no variation of the Agreement shall be effective unless it is in writing and signed by HP and the Customer (or their authorised representatives).
16. WAIVER
No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
17. SEVERANCE
If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Agreement.
18. ENTIRE AGREEMENT
a. The Agreement shall constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
b. Each party acknowledges that in entering into the Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement.
19. ASSIGNMENT AND SUBCONTRACTING
a. The Customer shall not, without the prior written consent of HP, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement, such consent may be withheld in HP's sole discretion.
b. HP may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement.
20. NO PARTNERSHIP OR AGENCY
Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power.
21. LANGUAGES
These Terms are only available in English. No other languages will apply to these Terms or any agreements.
22. THIRD PARTY RIGHTS
The Agreement does not confer any rights on any person or party (other than the parties to the Agreement and, where applicable, their successors and permitted assigns).
23. NOTICES
a. Any notice required to be given under the Agreement shall be in writing and shall be delivered by hand or sent by post or email to the other party at its address as may have been notified by that party for such purposes.
b. A correctly addressed notice sent by pre-paid first-class (or equivalent) post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received at the time of transmission (as shown by the time sent in respect of an email).
24. GOVERNING LAW
The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Australia. The interpretation of legislation to include subordinate, amended or re-enacted legislation is not implied so should be specified.
25. JURISDICTION
Each party irrevocably agrees that the courts of Australia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).
26. CONSUMER RIGHTS ACT
Where the Customer is a consumer (i.e. not purchasing the Video Series in the course of business, trade or profession) and any provision or part-provision is found to be unfair for the purposes of the Australian Consumer Law, then that provision or part-provision shall be read down to ensure it is not unfair. If it is not possible to read down that provision or part-provision, then clause 17 (Severance) will apply.
Territory-specific Terms for Australia
Where the Customer is in Australia, the following provisions shall apply. To the extent of any inconsistency these additional terms will apply.
1. Unfair terms. Where the Terms constitute a consumer contract and any Term is found to be unfair for the purposes of the Competition and Consumer Act 2010, then that Term is to be read down to ensure it is not unfair. If it is not possible to read down that Term, then severance clause will apply to sever that Term.
2. Privacy Act 1988 (Cth). HP will comply with the requirements of the Australian Privacy Principles (APP) adopted under the Privacy Act 1988 (Cth). Any personal data that a Customer provides to HP with respect to purchasing the Video Series, will be collected in accordance with the Privacy Policy. HP will take all reasonable steps to keep the personal information.
Customer may request access to the personal information about the Customer held by HP in accordance with the Privacy Policy.
