Pelvic Health Ed Terms & Conditions of Service and Use
Welcome to Pelvic Health Ed! Thanks for browsing our website. We hope you enjoy Pelvic Health Ed’s content. We had so much joy creating it for you.
Please see below our Terms & Conditions of Service and Use and Privacy Policy. By using, browsing and/or reading the Website or otherwise engaging or connecting with us (online or in person), 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 cease usage of the Website, or any of Services, immediately.
Disclaimer
The content provided via our Website, Platform, Programs, Services and email communications is for general education and information purposes only. It is not intended to replace individual care provided by a registered health professional and does not constitute medical advice.
The use of our Website, Platform, Programs and Services does not create a health practitioner-patient relationship between you and us. The information on our Platform and Website, within our Programs and Services and provided via our email communications, including (but not limited to) any images, text, newsletters, articles, opinions and videos, are provided for information purposes only. Such information is not designed or intended to constitute or substitute medical, physiotherapy, dietetic or any other type of professional advice or treatment, and is not to be used for diagnostic purposes. Further, the publication of information about a therapy, service, product, treatment or remedial program does not imply endorsement of that therapy, service, product, treatment or remedial program or a warranty or representations as to its possible results.
Although we will always seek to update the information on our Platform and Website and within our Programs and Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform or Website or within our Programs or Services is accurate, complete or up to date. By accessing our Website or Platform or purchasing or using our Programs or Services, you agree that you use our Website, Platform, Programs and Services at your own risk. By their nature, our Programs and Services will require you to work on your health through exercise. All engagement with and use of our Website, Platform, Programs and Services is undertaken wholly at your own risk, noting that, as is the case with any physical activity, the risk of injury is present and cannot be entirely eliminated. To the extent permitted by law, we are not liable for any Loss of whatever kind (including consequential or incidental damage) and however arising (including due to negligence) that you may suffer, directly or indirectly, in connection with your use of our Website, Platform, Programs, Services, email communications or any associated or linked online services. In particular (but without limitation), we are not liable for any Loss that may result from your use of, or reliance upon, any information or material obtained from our Website, Programs, Platform, Services or email communications and we exclude all guarantees, warranties, representations, terms and conditions that are not expressly set out in these Terms.
If any such exclusion is not effective following the previous paragraph above, our liability to you for breach of the relevant statutory guarantee or other provision is limited to, at our option, supplying the relevant service or product again or paying the cost of re-supplying the service or product.
1. Definitions
Community Spaces mean the public information forums, in person and online group sessions, chat spaces, online discussion groups, our social media platforms and profiles and similar online spaces made available by us via the Platform or our Website.
Loss means losses, liabilities, damages, costs (on a full indemnity basis), charges and expenses.
Platform means the Pelvic Health Ed platform owned by us and operated via SheLaunch.
Programs means the pelvic health education and exercise programs, including self-assessment tools, published by us from time to time (as updated from time to time).
Services means all ancillary services offered by us via our Website, Platform or in person and includes (without limitation) the provision of Community Spaces, email communications, group sessions and other related services.
Terms means the disclaimer and these terms and conditions of service and use (as updated from time to time).
Us, we, our and similar terms mean Pelvic Health Ed Pty Ltd ACN 666 311 548.
Website means www.pelvichealthed.com.
2. General
Pelvic Health Ed is a platform designed to deliver pelvic health information and exercise to the broader community in a form which is easily accessible and digestible. These Terms govern your right to use our Website and Platform and also governs your access to and use of our Programs, Community Spaces and/or any products or Services acquired in relation to the Program and/or any links provided on our Website or Platform to other websites.By accessing our Website or purchasing or utilising our Platform, Programs or Services, you agree to abide by these Terms.
3. License
By virtue of these Terms, you are granted a non-exclusive, non-transferable (License) to personally access and use, for non-commercial purposes, our Website, Platform, Programs and Services.The License granted to you will continue until terminated in accordance with these Terms. Specially, if these Terms are terminated for any reason, such termination will trigger an automatic termination of the License granted to you, in so far as it relates to your license to use our Platform, Programs and Services.
4. Our Website, Platform, Program and Services and associated Intellectual Property Rights
Unless stated otherwise, we own or license the copyright and all other proprietary rights in all materials used on our Website, Platform or in our Programs and Services (including any text, trademarks, images, logos, animations, sound recordings and/or software).You do not receive any ownership rights by downloading any content from our Website (including but not limited to all or part of any of our Programs). By downloading any of our content you agree not to use the content for any unlawful purpose. You further agree that your use of our Website, Platform, Programs and Services is for your personal use only and not for any commercial or other use contrary to these Terms or our Intellectual Property Rights.You agree that if you download any content from our Website or Platform you will not reproduce, distribute, publish or otherwise deal with any such content or infringe any of our Intellectual Property Rights.You agree that we may, and reserve the right to, remove any comments made by you about our Website, Platform, Program or Services any of its content, its individual representatives, officers, directors, consultants and/or employees which we believe in our sole discretion to be damaging to us.
5. Eligibility
Our Platform and Programs are intended solely for use by persons who are 18 years of age or older. By purchasing or using our Platform, Program or Services you represent and warrant to us that you are at least 18 years of age. You acknowledge and agree that we have relied upon your representation when agreeing to allow you access to the Platform, Programs and/or Services.By their nature, our Programs and Services will require you to improve your health through exercise training. By engaging with our Website, Platform, Programs and Services, you warrant to us that you are in adequate physical condition to so engage with our Programs.By accepting these Terms, you warrant to us that:you are not now and have never been a patient of Zara Howard or Boutique Pelvic Health Pty Ltd ACN 668 684 062 (BPH); or Renee Loughlin or Future First Physiotherapy (FFP) Pty Ltd ABN 13 217 784 713.to the extent that you are or have previously been a patient of Zara Howard, BPH, Renee Loughlin, FFP or have received physiotherapy or other health services from either of them, you are aware of the relationship between Pelvic Health Ed, Zara Howard, BPH, Renee Loughlin, FFP and irrevocably consent to any real or perceived conflict of interest arising as a result of that relationship and your engagement with any of those persons or entities.
6. Your agreement, one off purchases and subscriptions
As noted above, in accessing, registering or using our Website or Platform including any and all webpages, Programs and/or the Services and products, information, text and images offered or provided on our Website or Platform you are deemed to have read and personally agreed to these Terms.We offer one-off purchases and subscriptions services. Payment for each one-off purchase and subscription is governed by these Terms. For one-off purchases or subscriptions where you have purchased the “Lifetime Access” option (where available), if we create updated or revised versions of a Program, you will be able to access the updated or revised version of the Program.We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms.
7. Renewal & termination
If applicable, your subscription/membership will automatically renew on a monthly basis in advance.You may cancel your subscription/membership at any time by completing and submitting the cancellation form available via our Website.A refund will not be issued upon cancellation of your subscription/membership. At the end of your paid subscription period, we can then deactivate any account in your name, your membership and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you. Your information may be stored for up to 7 years from the date of purchase and/or subscription/membership at which point in time it will be deleted or destroyed.We can terminate your License, subscription/membership and/or participation in the Services or Community Spaces at our sole discretion if we believe you have breached any of these Terms and/or you have or are facilitating the unlawful activity of a third party in respect of our Website, Platform or Programs. We are at liberty to take any other action necessary to enforce these Terms.
8. Payments
In purchasing any product or service from our Website or Platform (Purchase) you agree to:pay using a valid credit card (or other form of payment as we may allow);provide us with current and complete information as detailed in the purchase order form including full legal name, email address, credit card details and billing information as required; andpay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase.If we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your purchase, or put on hold or terminate your access to our Website, Platform, Programs or any of the Services at our sole discretion.
9. Membership, user accounts and passwords
You agree to provide accurate and truthful details about yourself for the purposes of your subscription/membership, purchase of Programs and/or inclusion in any of our Community Spaces and we reserve the right to suspend or terminate your subscription/membership if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.To use our Platform, you will be required to provide a valid email address and set a password (Logins). You are solely responsible for:maintaining the strict confidentiality of your Logins;exercising caution when accessing your account from a public or shared device;ensuring that no-one besides you uses your Logins to access our Platform;informing us as soon as possible of any need to deactivate your account due to a potential or actual security breach.By accepting these Terms you acknowledge and agree that:you are solely liable for any Loss suffered by you or any other person as a result of your failure to comply with clause 2 above; andwe are not liable for any Loss suffered by you or anyone else which arises in connection with the theft of your Logins or any theft of misuse of your personal information as a result of the theft of your Logins or the disclosure or sharing of your Logins by you with any other person.
10. Community Spaces
You acknowledge that our Community Spaces, including (but not limited to) our Q&A facilities and in person and online group sessions, provides for public communications and interactions. Our Community Spaces are designed to be a safe space for our members to discuss issues which are often sensitive or private.You agree to use our Community Spaces only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of our Community Spaces, either within the Community Space or otherwise, or on our Website or Platform.You will not use any of our Community Spaces:for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;to incite others to act in the manner described in clause 3(a) above;to interfere with the lawful and reasonable use of our Community Spaces by others; andto attempt to directly or indirectly, allow or facilitate a third party to enter our Community Spaces through your subscription/membership.You acknowledge that the moderators of our Community Spaces reserve the right to remove or suspend your access to a Community Space or remove any messages or content that are inappropriate or that they reasonably believe may have a negative impact upon our members, us, the Platform or the Programs and/or our reputation.Should you choose to participate in our in person or online group sessions, you acknowledge and agree that:
you must always treat other participants in group sessions with respect and courtesy;it is the obligation of all participants to preserve the anonymity and privacy of all other participants to such sessions;in the interests of preserving the privacy of all participants, the sharing of identifying personal information with other participants is strictly prohibited;discussing a participant’s identity, involvement in the group sessions or other details with other members of the public is strictly prohibited and will amount to a breach of these Terms; andany actual or suspected breach of the provisions of this clause 10 will entitle us, at our election, to cease your access to group sessions and also to our Website, Platform, Programs and other content.For the avoidance of doubt, we reiterate that all content and information provided by us, including via Community Spaces and group sessions, is for general education and information purposes only. It is not intended to replace individual care provided by a registered health professional and does not constitute medical advice.
11. Access, warranties and refunds
You will receive access to your chosen Program upon our receipt of payment from you. Access to Services, such as group sessions, will be provided in the terms offered by us and accepted by you in connection with those Services from time to time.We provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.Where we provide access to an online Program, and you claim that you have not received such access, you must contact us via [email protected] as soon as possible following your purchase of the Program so that we may investigate the issue. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, we provide no warranty as to any results or outcomes associated with using the Platform or Programs, nor in respect of any use of any other products or Services offered by our Website or Platform.You expressly acknowledge that your use of the Website, Platform, Programs and Services is at your sole risk.Subject to the Australian Consumer Law (including any Major Failure), we do not offer refunds or credits in respect of our products or services, for unused subscription periods, accidental purchases or any similar reason or event, unless required by law to do so.
12. Limitation of Liability in respect of Programs and Services
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of products, services and content by us to you which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Terms.If you are a consumer as defined in the ACL, the following applies to you: You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have a service remedied if it is not rendered with due care and skill or it is not fit for purpose and the failure does not amount to a major failure. To the extent we are legally permitted to exclude liability, our total liability for Loss you suffer or incur in connection with our Services or Programs is limited to us re-supplying the Services or Program to you, or, at our option, us refunding to you the amount you have paid us for the Services or Programs to which your claim relates.Where the provision of our Services or Programs depends on your information or response, we have no liability for a failure to provide access where it is affected by your delay in response, or supply of incomplete or incorrect information.
13. Our rights to modify services
You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website, Platform, Services and Programs and/or these Terms, as we see fit.We will give you notice of any changes, for instance by:publishing them on our Website; orwriting to the address (post or email) you last gave us.The most up-to-date Terms always apply.You agree that we may transfer, assign, license or deal with our interest in our Website and Platform copyright or any other published material to any affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 60 days in the manner provided by clause 2 above.
14. Third parties
We may use third parties to assist us to provide services to you, including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function.Our Website and Platform may also contain links to websites operated by third parties. Such links are provided for convenience only and we accept no liability in connection with your use of any such third party website or any content posted or published on the third party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third party site that you visit.We may occasionally promote affiliate programs and products. We may receive commission on these programs or products. We only endorse products that we believe in or would personally use. If you do use our affiliate links, thank you for helping to support our site.
15. Disclaimer of warranties and limitation of liability in respect of Website and Platform
By accepting these Terms, you acknowledge that our Platform, Programs and Services are provided over the internet through the third party platform provider Kajabi and you acknowledge that this is not a secure connection. We do not guarantee that your use of our Website or Platform will be uninterrupted, timely or error-free. You agree that any issues, which may include errors, interruptions or security limitations, will not be a breach of these Terms.We will not be liable for any electronic interference or damage you may suffer in connection with your use of our Website or Platform, including any damage caused by computer viruses, malicious computer code or any other form of interference. You should establish your own protection against viruses and other causes of damage.To the maximum extent permitted by law, we exclude all liability for Loss arising in connection with your use of the Website, Platform, any associated software or any linked websites.
16. Indemnity
You agree to indemnify us and keep us indemnified against all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of our Website or Platform or from your breach of any of the Terms and/or any facilitation or support by you of a third party causing any loss or damage to us.
17. Privacy policy
Your privacy is important to us. Our Privacy Policy is incorporated into these Terms by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our Privacy Policy. You can find a copy of our Privacy Policy on our Website and within the Platform.
18. Jurisdiction
These Terms are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the courts of that jurisdiction and any appeals from those courts.
19. Entire Agreement
These Terms, together with our Privacy Policy, form the entire agreement between us and you in relation to the Website, Platform, Programs and Services and your use of each.
20. Waiver
Any failure or delay on our part to exercise a power or right we have under these Terms (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date