Company – Pain Professionals
ABN: 56 589 967 503
(together “the Website”)
A reference to “You” or “Your” in these Terms and Conditions means a reference to the Applicant named in the Application accompanying these Terms and Conditions.
Any waiver or relaxation, in whole or part, of any rights available to Pain Professionals under these Terms and Conditions is only valid if it is in writing and is limited to the instance referred to in the writing.
If any provision of these Terms and Conditions is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms and Conditions, in which case, the remainder of these Terms and Conditions shall continue in full force.
These Terms and Conditions are subject to change and Pain Professionals reserve the right to do so at anytime at its sole and unfettered discretion without prior notice to You.
Any information provided on this website is general in nature and should not be considered specific advice for any individual. All individuals should consult a medical practitioner for personal advice before making any decision about their medical management.
Your Hip Pain Professional should provide you with a diagnosis of your condition based upon the information that you provide and work with you to develop an appropriate management plan which may include treatment options including but not limited to those listed below:
- rehabilitation exercises;
- nutritional guidance and advice;
- lifestyle guidance and modification advice;
- isometric muscle contractions;
- eccentric movement arcs;
- weight training;
- machine assisted movement patterns;
Your Hip Pain Professional is responsible for maintaining the currency of their professional registration, accreditation, training and professional indemnity insurance and to ensure that they are providing services to you which are appropriate to your circumstances and for which they have received appropriate training and are legally eligible to provide to members of the public. Please report any misconduct or unsatisfactory conduct to the professional registration board in your country and notify us at firstname.lastname@example.org. If you have any concerns please contact Hip Pain Help for further assistance, information or discussion.
Pain Professionals is not responsible or liable for any advice or services provided by any Hip Pain Professional or business (listed on the website – now or in the past) and it is a condition of membership and/or use of the Websites that Pain Professionals’ liability to any user of the Websites and the rights of any user to take legal action of any nature against Pain Professionals is expressly waived.
Please note that this Website acts only as a noticeboard service providing consumers with the opportunity to connect with health practitioners in their location. Listing of health practitioners on this Website does not imply any vetting, approval or condonance of any assessment/treatment/management provided to the consumer by a health practitioner.
Any material, images or content published on this Website is used for presentation purposes only and does not necessarily represent the views, professional opinions or products created or endorsed by any particular Hip Pain Professional nor Pain Professionals. Any such material, images or content is published for the purpose of presenting examples of the various kinds of work or products that may be provided by a suitably qualified Hip Pain Professional.
It is the responsibility of the business owner(s) of any practice listing (even if they delegate this responsibility to another person) to ensure that all professionals listed on their www.hippainhelp.com business listing are compliant with all the terms and conditions set out on this site including the following:
– The onus is on the health practitioners listed in the directory to maintain their professional registration and accreditation and to ensure that they have received appropriate training in the treatment and management protocols that they may prescribe to consumers. Health practitioners listed in the directory must maintain sufficient professional indemnity insurances to comply with the requirements for registration within their geographical region. Pain Professionals does not allow non-university qualified health professionals to list on www.hippainhelp.com. Please report any misconduct or unsatisfactory conduct to the professional registration board in your country and notify us at email@example.com.
Full Terms and Conditions for the HPH content (HPH webpages, blog, newsletter, emails,resources, social media pages/groups and directory)
While the information posted on, disseminated through or associated with the Website including, for example, but not limited to newsletters, resources, associated publications, social media, online blogs and other digital media has been researched, reviewed and presented with all due care and diligence, the content is provided for general education and information purposes only and is not specifically provided to assist in the treatment of management of any individual consumer’s particular circumstances or condition.
This Website and its content are provided for the purposes stated only and any general information on this Website is given for educational and informational purposes only and must only be relied upon as such. The information provided on the Website is general in nature and each individual should consult with their local health practitioner to develop a correct diagnosis and management plan for their individual presentation. Pain Professionals makes no warranties in relation to the accuracy, completeness or suitability for use of any content for any particular purpose or otherwise.
The material in this Website or any associated publication is of the nature of general comment only and does not represent professional advice. It is not intended to provide specific guidance for particular circumstance(s) and it should not be relied on as the basis for any decision to take action or not take action on any matter which it covers. Users should obtain professional advice where appropriate, before making any such decision. To the maximum extent permitted by law, the author and publisher disclaim all responsibility and liability to any person, arising directly or in directly from any person taking or not taking action based on the information in this Website and/or any associated publication.
Information on the Website is not intended to replace medical advice from a suitably qualified health professional and Pain Professionals does not accept any liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying on any information contained on the Website, any linked website or associated publication.
All users are urged to seek advice from a qualified health care professional for diagnosis, management of any conditions discussed on the Website or any associated publication and for answers to their medical questions.
General Terms and Conditions for Professionals using the Website
In no event shall Pain Professionals or any of its affiliates, partners or content providers 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 arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of this Website including but not limited to the use or non-use of any content appearing on the Website or other webpage or publication in any format to which the Website may be linked.
Pain Professionals cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
The Website names, logos, images and information and the names of products referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks and form part of the valuable intellectual property of the Pain Professionals which includes but is not limited to Registration Nos. 1852974, 1852982, 1852983 and 1852983 (the Trademarks”). Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners and licensed by or to Pain Professionals including but not limited to Registration Nos. 1852974, 1852982, 1852983 and 1852983 (“Licensed Trademarks”). You as user of the Website expressly agree not to use, publish, misuse or attempt to claim ownership of any of the Trademarks or Licensed Trademarks or claim, represent or advertise any affiliation with the owners of those Trademarks or Licensed Trademarks or any business or enterprise conducted or operated by Pain Professionals and/or the owners of the Licensed Trademarks.
Links to Third-Party Websites
The Website may contain links or hyperlinks to websites or webpages that are owned and/or operated by third parties (“Third Party Websites”). Third Party Websites are not under the control of Pain Professionals and Pain Professionals is not responsible for the contents of any Third Party Website or any link contained in a Third Party Website linked site. Pain Professionals provides links to Third Party Websites only as a convenience, and the inclusion of any link to a Third Party Website does not imply endorsement by the Pain Professionals of the Third Party Website or of any content, information or representation published therein or thereupon or any affiliation, endorsement or relationship whether professional or otherwise with the owner or operator of the Third Party Website.
All promotions are subject to availability and inventory. Pain Professionals reserves the right to change, alter, or cancel promotions at any time without notice.
While Pain Professionals uses reasonable efforts to include accurate and up-to-date information on the Website, Pain Professionals makes no warranties or representations as to its accuracy. Pain Professionals assumes no liability or responsibility for any typographical or other errors or omissions in the content on the Website or any associated publication. In the event that a product is listed at an incorrect price or with other incorrect information due to a typographical or other error, Pain Professionals shall have the right to refuse or cancel any orders placed for the product listed incorrectly.
Termination of relationship
Pain Professionals reserve the right to terminate your membership without notice if we receive information that you are the subject of allegations of professional misconduct or that similar allegations are under investigation. We will report any complaints received by us to your professional registration affiliate in your country/state of registration. In the case that your listing is removed from the Website we shall retain any subscription fees paid to cover our administrative charges.
Reliability of Resources
The information on this Website is provided by Pain Professionals and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related images contained or referred to on the Website for any purpose. Any reliance you place on such information is strictly at your own risk.
Accordingly, to the extent legally permitted Pain Professionals expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable for any reason, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Australian dollars.
Should a legal claim arise as a result of information delivered by Pain Professionals and presenters, including but not limited to any content on the Website, webinars, video, audio, blogposts, handouts, information and conference presentations, Pain Professionals and any presenters shall not be held liable for any claims made in respect thereof. Legal action is unable to be taken against Pain Professionals or any presenters. It is solely the responsibility of the person viewing or participating in the content presented on the Website or otherwise to decide how the information is used in a clinical environment. The Website and any associated information published upon or in relation to it does not replace the need for face to face clinical training, University or higher institution training. This Website and any associated information published upon or in relation to it facilitates the dissemination of information only.
Credit card use
All transactions performed via the Website is done so via Stripe and protected by an Extended Validation (EV) SSL provided by GeoTrust. Pain Professionals neither holds nor retains any credit card details/information. Pain Professionals cannot be held liable for any issues arising in respect of any money transfer or credit information and its misuse.
Intellectual Property Rights, copyrights and trademarks
Memberships and access to subscription areas and products are for individual use only. Pain Professionals invests considerable time, effort and work into providing great educational resources, so we request that you do not share private educational resources with non-subscribers. Unauthorised sharing of educational resources erodes the value of your own membership and those resources which are the sole and exclusive intellectual property of Pain Professionals or other named parties. If you share your membership or the resources accessed through your membership, your membership will be immediately suspended, and no refund shall be provided. This policy will be strictly enforced in the interests of protecting our investment in creating the intellectual property rights in and to the resources. If you would like to provide access for other members of your clinic, please contact us at firstname.lastname@example.org for further details.
Pain Professionals supplies a free licence to members for use of some of its resources (that will be supplied to the member after sign-up) to be reproduced by its members while they hold an active membership. These resources are intended for use within the listed practice by the listed professionals and copies may only be given to these professionals’ clients. They are not to be distributed to others. If evidence is found of sharing of Pain Professionals resources to others, Pain Professionals reserves the right to suspend or terminate their membership. If a membership elapses then this free licence is revoked and use of these resources should be discontinued.
The Website, content and resources published and available upon it are protected by trademark laws, copyright laws and international treaties relating to ownership and use of intellectual property rights including but not limited to patents, registered designs, rights associated with confidential information and trade secrets. Content displayed on or via the Website is original works and is protected as either a personal or a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from the Website or associated publications without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Website or associated publications.
Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Website or associated publications (other than your own content) other than that specifically listed in the end user licence agreement (EULA) for each specific product.
All material presented on the Website is considered intellectual property of Pain Professionals and remains the sole and exclusive property of Pain Professionals unless otherwise specifically indicated. No legal action may be taken against Pain Professionals or any presenters in relation to the use of any material or content presented on the Website or any associated publication.
All content appearing on the Website or any associated publication is the subject of trademark and copyright protection by Pain Professionals or affiliates as necessary. Any use of material either on or from the Website without the strict written consent of Pain Professionals is deemed to be a breach of copyright and/or trademark law. Any downloading of, sharing, distributing in any form, whether digital or otherwise of any portion of the Website or any associated publication is strictly prohibited.
Reproduction of any photographs, animation, video or slides without the express written consent of Pain Professionals is strictly prohibited unless such reproduction is in the course of using a product where the reproduction is expressly permitted and specified.
Viruses, hacking and other offences
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under Divisions 477-478 of the Criminal Code Act 1995 and/or the Cybercrime Act 2001 or other legislative provisions. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately. You will forfeit any right to a refund of fees or subscriptions paid without limitation.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
Registration on the directory
The Applicant(s) for the directory listing on the Website has to ensure that they and any people listed in the directory published upon the Website under their listing maintain professional registration in the country or state of practice jurisdiction, are not suspended/excluded/under investigation from anybody including the registration/professional body or association, police or other government agency and hold professional indemnity insurance
You acknowledge and agree that Pain Professionals assumes no liability in connection with the display of Your details on the Website and that the display of Your details on the Website will be accompanied by a disclaimer to that effect. You must indemnify Pain Professionals for all claims, losses, costs, liability or expenses suffered or incurred by Pain Professionals out of or in connection with the display of Your details on the Website.
In order to be listed as a registered health professional on the Website you agree that you fulfill the following conditions:
i) you have obtained a University recognised further education degree in the relevant profession that you are listing yourself as in the Hip Pain Professionals directory;
(ii) you are registered with the appropriate registration body in your country, state or jurisdiction of practice and have provided us with these details;
(iii) you hold a current professional indemnity insurance sufficient to cover your professional activities in any jurisdiction in which you provide health-related advice or services;
(iv) you are personally responsible for the payment of any excess that may apply in relation to any claim made against your professional indemnity insurance policy;
(v) you acknowledge and accept that Pain Professionals any is not responsible for any liability arising as a consequence of your membership, inclusion in the online database on the Websites or for any health-related advice or services provided by you; and
(vi) you indemnify Pain Professionals against any and all liability including costs arising from your provision of health-related advice or services associated with your membership and/or use of the Websites without limitation.
We will perform, and you expressly acknowledge that we will perform, appropriate random checks on individuals in order to verify their identity and you may be asked to provide further details to us in order to verify your identity, training, registration and currency of your professional indemnity insurance policy from time to time at our sole and unfettered discretion.
Pain Professionals retains the right, at its sole discretion, to determine whether or not to accept any health professional’s application to be listed on the Website as a Hip Pain Professional. No reason will be provided for rejection of an application nor does there exist any right for such reason to be provided.
Only one practice location is allowed to be listed per directory listing. If you have multiple practice locations and you would like to be able to be searched for all of these, you will need to purchase additional subscriptions. If you feel that you would like special consideration due to the size of your business, please email us at email@example.com.
If you are listing a business, all persons featured in your subscription page must also fulfill the requirements of a health professional as stipulated in these terms and conditions.
You will be asked to enter details about your business including your website address. Any information that you enter in your professional registration pages will be able to be displayed on the Website search directory.
As a condition of your use of the Website you agree that you will not include in your directory listing anything that would:
-make claims that are not able to be supported by current clinical research;
-violate any laws;
-defame, derogate, offend or adversely affect the reputation or relevance of Pain Professionals;
-violate the listing rules (listed on at the top of the listing page);
-post any threatening, abusive, defamatory, obscene or indecent material;
-engage in any conduct that is capable of being deemed to be false or misleading
-distribute, contain or forward spam, chain letters, or pyramid schemes;
-sell subscriptions, books, courses or products;
-copy, modify, or distribute any other person’s content without their consent.
If You believe that something on the Website violates these Terms and Conditions please contact us via our Contact Us page or via the email firstname.lastname@example.org
(The above dot point terms also apply to any social media group or communication forum which is included as part of the subscription).
It is your responsibility and your responsibility alone to ensure that your contact details are correct and your listing is up to date. It is advised that you check your listing regularly to ensure it is working correctly.
We will not be held responsible for any business potentially or actually, lost though any problem with the Website and the limit to our liability will be the pro-rated return of your subscription money for the disputed term of the contract period.
You are solely responsible for all information submitted to Pain Professionals and any consequence that may result from your listing on the Website. We reserve the right at our unfettered discretion to restrict a user’s usage of the Website either temporally or permanently.
You are in charge of your listing and you must ensure that you have legal rights to post any images that you use. If any complaint or allegation of misuse is received your listing will be temporarily suspended until you can deal with the issue in a manner that is satisfactory to use and complies with these Terms and Conditions.
By accepting your membership we do not guarantee any revenue will be collected by you due to referrals, links or searches associated with your listing on the Website. We not guarantee any exclusive relationship with you and your direct competitors are also able to register for the directory if they pass the listing criteria.
It is a requirement of membership that you do not post content that infringes the rights of or is derogatory or defamatory to third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as, but not limited to, copyright and trademark. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any listings which many infringe on their rights and submit a request for the offending content to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing the intellectual property rights of that or any other third party will be removed from the Website or any associated publication by Pain Professionals.
If at any time during your use of the Website, you make a misrepresentation of fact to Pain Professionals or otherwise mislead Pain Professionals in relation to the nature of your business activities, you agree that Pain Professionals will be deemed to have sufficient grounds to terminate your use of the Website and any services provided by Pain Professionals. Pain Professionals reserves the right to remove any job posting or content from the Website or any associated publication, which in the reasonable exercise of Pain Professional’s discretion, does not comply with the above Terms and Conditions, or if any content is posted that Pain Professionals believes is not in the best interest of Pain Professionals, at its sole and unfettered discretion without limitation. In the case of any such termination Pain Professionals shall retain any subscription fees paid to the date of termination to cover administrative charges.