TERMS OF USE

Defined terms

In this document, the following terms have the following meanings:

 

Shoulder Physio Community means our Facebook groups, other online or in person forums.

 

Confidential Information means all information disclosed by a party for the Purpose which:

  1. is confidential in nature;

  2. is designated by a disclosing party as confidential; or

  3. the receiving party ought reasonably know from the circumstances is confidential,

 

including any inventions; discoveries; facts; data; ideas; manner, method or process of manufacture; method or principle of construction; chemical composition or formulation; techniques; products; prototypes; processes; names; know how; routines; specifications; drawings; trade secrets; technology methods; computer programs; works in respect to which copyright subsists; circuit board layouts; and other knowledge.

 

Intellectual Property means and includes, without limitation, any inventions, technological innovations, discoveries, designs, formulas, know-how, processes, business methods, patents, trademarks, service marks, copyrights, computer software, ideas, creations, writings, lectures, illustrations, photographs, motion pictures, scientific and mathematical models, improvements to all such property, and all recorded material defining, describing, or illustrating all such property, whether in hard copy or electronic form.

 

Our Content means all material on the Site, in our Shoulder Physio Community or otherwise delivered by us and includes, without limitation, documentation or other material in whatever form, including any videos, flyers, fact sheets, marketing documents,  reports, specifications, business rules or requirements, user manuals, user guides, operations manuals, training materials and instructions, and the subject matter of any category of Intellectual Property rights, created or offered by us for the Purpose.

 

Purpose means educating you about the scientific evidence behind shoulder pain and pathology and ideas about how to apply this in your practice.  about estate planning and providing you with resources for use in your business to assist your clients with their estate planning.

 

Site means each of https://www.jaredphysio.com/

https://www.facebook.com/theshoulderphysio/

https://www.facebook.com/groups/411419199518213/

https://shoulder-physio-education.mykajabi.com

us means Jared Powell, and Shoulder Physio Education Pty Ltd ACN 627 545 822634 158 651 as trustee for Shoulder Physio Education Trust.

Our terms of use

These Terms and Conditions (Terms) govern your use of as well as all products and services purchased from either Site, and form a binding contractual agreement between you and us.

 

Please read these Terms carefully and contact us if you have any questions.

 

By purchasing, accessing, downloading or using the products and services offered on our Site you agree to be bound by these Terms, which you acknowledge that you have read and understood.

 

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

 

These Terms shall be construed in accordance with and governed by the laws of Queensland.

 

You consent to the exclusive jurisdiction of the courts in Queensland to determine any matter or dispute which arises between us.

 

Use of services and products

By using our products and/or services, you agree to respect our Confidential Information.

 

You agree:

 

  • that Our Content and all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us for the Purpose; and

 

  • that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

Our Content is subject to copyright.

 

While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it for any reason other than the Purpose.

 

Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.

 

You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

 

Where we have given you consent to use, copy or reproduce our content for the Purpose, you:

 

  • agree that Our Content is owned entirely by us.  No ownership rights or restrictions are vested in you other than a limited license to reproduce and copy the content for the Purpose;

  • must not resell or use Our Content for any purpose other than the Purpose

  • must not infringe our Intellectual Property rights

  • must not disclose, allow or permit the disclosure of, or reproduce our Content except as permitted without our prior consent and for any purpose other than the Purpose.

 

The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of us.  The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.

 

Nothing contained on this Site or in our Shoulder Physio Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.

 

You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Jared Powell and/or Shoulder Physio Pty Ltd ACN 634 158 651 as trustee for Shoulder Physio Education Trust will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

 

You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms.

 

We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Shoulder Physio Community or through use of our products or services.

 

Disclaimer

 

All products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer any type of medical advice. 

 

In particular, the content provided by this Site is for the sole purpose of educating you to be able to confidently understand the evidence base underpinning the management of shoulder pain and is in no way intended to be used by you to give medical advice.

 

We provide support, guidance and tools for you to confidently assess and manage shoulder pain using robust scientific evidence, but any advice you give to your patients/clients, and the consequences that flow from such advice, is your sole responsibility.  You acknowledge and agree that we are not responsible for decisions that you may make or advice that you give to your clients.patients.

 

We make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this Site. The information contained in this Site is strictly for educational and informational purposes. Therefore, if you wish to apply ideas contained in this Site, you take full responsibility for your actions and any advice you give based on the content of this Site.

 

 

We shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided as is, and without warranties.

 

We do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this Site.  All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

 

All testimonials displayed on our Site have been received from real people. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.  Feel free to give us your testimonial at any time. If you have any feedback, please get in touch!

 

The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded.  Such rights include, but are not limited to, those rights under Australian Consumer Laws.

 

We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Shoulder Physio Community or Our Content.

 

In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or advice you give based on reliance upon this Site, Shoulder Physio Community or Our Content.

 

These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

 

  • reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements)

  • advice you give based on reliance upon this Site, Shoulder Physio Community or Our Content

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

  • accessing websites or servers maintained by other organisations through links on our Site, Shoulder Physio Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk

  • the use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site

 

Your obligations

 

Before you purchase our products and/or services, you must register an account with us. 

 

You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

 

We may at any time request a form of identification to verify your identity.

If you are a registered user or member to this Site, you acknowledge and agree that:

  • you are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);

  • you will not reveal (or cause to be revealed through any act or omission) your Password to any other person;

  • you will immediately notify us if your Password is lost or becomes known to any other person;

  • you are solely responsible for all access to and use of this Site via your Password, whether such access or use is by you or any other person; and

  • any information you provide to us for posting or inclusion in our Shoulder Physio Community, at any time, becomes our property.

To the extent that you provide personal information, we will treat such information strictly in accordance with our Privacy Policy.

 

You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if you become aware of any unauthorised use of your registered details.

 

Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services. You cannot transfer or assign your membership of this Site without our prior written consent.

 

When using our products and/or services, you may be given access to our Shoulder Physio Community or events in which you may post comments, photos, messages or other material (Your Content).  When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Shoulder Physio Community any of the following:

 

  • content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable;

  • content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

  • information that includes personal or identifying information about another person without that person’s consent;

  • information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us;

  • any information or content that impersonates any person or entity;

  • any material, non-public information about companies without authorisation to do so; or

  • any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

By posting or otherwise publishing Your Content on our Site or Shoulder Physio Community, you:

  • grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;

  • warrant that you have the right to grant the above licences;

  • warrant that Your Content does not breach these Terms; and

  • consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

We reserve the right (but have no obligation) to:

  • review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

  • monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

 

Right to terminate, refund policy and disputes

 

We reserve the right to terminate your use of the Site, Shoulder Physio Community or our products and/or services generally if you breach these terms, as determined by us in our sole discretion.

 

Refunds are not provided for our products and/or services that have been rendered by us, including where you have been given access to Our Content or our Shoulder Physio Community, whether accessed by you or not, unless we are in breach of the Competition and Consumer Act 2010 (Cth).

 

Should a dispute arise between us, we strongly encourage you to contact us to seek a resolution.

 

Any reasonable requests will be considered and we will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

Your feedback

 

We welcome enquiries or feedback at jaredpowellphysio@gmail.com. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

 

We reserve the right to change the contents of our terms and conditions and policies at any time in our sole discretion. You will be required to comply with any such revisions and therefore should review the current terms each time you revisit our Site.

 

If you have questions or comments regarding this Site, or our products or services, please get in touch!

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