Terms of use

1. Acceptance of these terms

These terms of use govern your access to and use of masteryourpaintec.site (the website). By accessing or using the website you agree to be bound by these terms. If you do not agree with them, please do not use the website.

2. Who we are

The website is operated by Master Your Pain Pty Ltd (ABN 91 701 367 893, ACN 701 367 893), an Australian registered company located in VIC 3095, Australia. In these terms, "we", "us" and "our" mean Master Your Pain Pty Ltd, and "you" means the person accessing the website.

3. General information only

The content of this website is general information about persistent pain and about the services we offer. It is not medical advice, a diagnosis, a treatment plan, or advice about your individual circumstances, and it is not a substitute for consulting a qualified health practitioner who knows your history.

Reading this website does not create a practitioner–client relationship between you and us. Do not delay seeking, or disregard, professional advice because of something you have read here. If you are experiencing a medical emergency, call 000 or attend your nearest emergency department.

You remain responsible for decisions you make about your own health, and we encourage you to discuss any change to your activity, treatment or medication with your treating practitioners.

4. Permitted use of this website

You may view, download and print pages of this website for your own personal, non-commercial use. You must not:

• use the website in a way that breaches any applicable law, or that infringes anyone's rights;
• copy, reproduce, republish, adapt or distribute any part of it for commercial purposes without our written permission;
• attempt to gain unauthorised access to the website, its hosting environment or any connected system;
• introduce malicious code, or interfere with the operation, security or availability of the website; or
• use automated means to scrape, harvest or systematically extract content, other than ordinary search-engine indexing.

5. Intellectual property

Unless otherwise indicated, all content on this website — including text, page design, layout, graphics, illustrations and code — is owned by, or licensed to, Master Your Pain Pty Ltd, and is protected by Australian and international copyright and other intellectual property laws.

Our business name, trade marks and logos may not be used without our prior written consent. Nothing on this website grants you any licence or right to use any intellectual property except as expressly set out in clause 4.

6. Third-party material and links

Where this website refers to a third party, organisation or regulator, that reference is provided for information only. We do not control third-party services and we are not responsible for their content, accuracy, availability or practices. A reference of that kind does not amount to an endorsement.

7. Availability and accuracy

We take reasonable care to keep the information on this website accurate and current, but we do not warrant that it is complete, current or free from error. Information may change without notice.

We do not guarantee that the website will be available without interruption or that it will be free of faults. Access may be suspended, withdrawn or restricted at any time, including for maintenance or for reasons outside our control.

8. Engaging our services

Nothing on this website is an offer capable of acceptance, and submitting an enquiry does not create a contract for services. Where you engage us, the specific scope, fees, cancellation arrangements and other terms of that engagement will be agreed with you separately in writing, and those terms will prevail over these terms of use to the extent of any inconsistency.

9. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

For services, you are entitled to cancel your service contract with us if the service has a major problem, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified within a reasonable time, and if this is not done, to cancel the contract and obtain a refund for the unused portion of the service.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law where to do so would be unlawful.

10. Limitation of liability

Subject to clause 9, and to the maximum extent permitted by law:

• the website and its content are provided on an "as is" and "as available" basis, without warranties of any kind other than those that cannot be excluded;
• we are not liable for any loss or damage — including indirect, special or consequential loss, loss of profits, loss of data, or loss arising from business interruption — suffered in connection with your use of, or inability to use, this website or its content; and
• where our liability may be limited rather than excluded, our total liability arising in connection with this website is limited, at our option, to re-supplying the relevant information or service, or paying the cost of having it re-supplied.

Nothing in these terms operates to exclude liability for death or personal injury caused by our negligence, or for fraud, where such exclusion would not be permitted by law.

11. Indemnity

You agree to indemnify us against any claim, loss, liability or reasonable expense we suffer arising from your breach of these terms, your misuse of the website, or your breach of any law or of the rights of a third party — except to the extent that the loss was caused by our own negligence or breach.

12. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Please read our privacy policy, which forms part of these terms.

13. Termination and suspension

We may restrict, suspend or terminate your access to this website at any time, without notice, if we reasonably believe you have breached these terms or that your use is causing harm to the website, to us or to another person.

Termination does not affect any accrued rights or obligations. Clauses 5, 9, 10, 11, 15 and 16 survive termination.

14. Changes to these terms

We may amend these terms from time to time. The current version is the one published on this page, and the date it was last updated is shown above. By continuing to use the website after an update, you accept the amended terms.

15. Governing law and jurisdiction

These terms are governed by the laws of the State of Victoria, Australia, and by the Commonwealth laws of Australia that apply in Victoria.

You and we submit to the non-exclusive jurisdiction of the courts of Victoria and of the courts competent to hear appeals from them.

16. General

If any provision of these terms is found to be invalid, unenforceable or illegal, it is to be read down to the minimum extent necessary, or severed, and the remaining provisions continue in full force.

Our failure to enforce a provision is not a waiver of it. These terms, together with our privacy policy and any written engagement terms, form the entire agreement between you and us in relation to your use of this website.

Questions about these terms should be sent to [email protected].