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1.1 In these Terms unless the context requires otherwise, the following expressions shall have the following meanings respectively:(a) “Agreement” means each agreement between the Supplier and the Customer for the supply of Training;(b) “Customer” means the person who has registered to attend a Training, or registered for a Subscription, or the person who attends the Training (if different from the person registered);(c) “Fee” means the fee and costs published on the Website or otherwise notified to the Customer in writing by the Supplier for the Training and Subscription;(d) “Subscription” means access to the Training for a period of time as specified by the Supplier on its Website;(e) “Supplier” means Heal With Laser Academy Pty Ltd ACN 660 759 160, or its related entities;(f) “Terms” means these trading terms and conditions and includes any special terms agreed in writing between the Supplier and the Customer;(g) “Training” means any Training, services or materials supplied by the Supplier to the Customer from time to time under an Agreement; and(h) “Website” means any website that is owned or controlled by the Supplier.
2.1 In these Terms, unless the context otherwise requires:(a) if the Customer comprises more than one person, any promise or agreement by the Customer binds each person individually and all of them jointly;(b) a reference to the Customer includes the Customer’s legal personal representatives, administrators and successors;(c) a reference to legislation includes any amendment to that legislation, any consolidation or replacement of it and any subordinate legislation made under it;(d) words employing the singular number or plural number will be deemed to include the plural
number and the singular number respectively; and(e) any words importing any gender will include every gender.
3.1 These Terms replace all trading terms and conditions which may have applied between the Supplier and the Customer and apply to all Agreements to the exclusion of any terms or conditions of purchase which
the Customer may use or purport to apply to any Agreement.
3.2 The Supplier may vary these Terms at any time by giving notice to the Customer.
4.1 Payment for the Fee and costs must be made in full before being granted access to the Training.4.2 Access to Training will be revoked if the Subscription’s renewal Fee is not paid before the expiry of a Subscription.4.3 Unless the Supplier provides written consent:(a) all Subscriptions are per single natural person registration and viewing only, and Customers must not distribute, or allow another person to view the Training; and(b) all Subscriptions are for one natural person to access the Training, and Customers must not allow another person to use their username or password.
5.1 The Supplier does not guarantee that the Customer’s access to the Website for the Training will be uninterrupted or error free. Access may be affected by the Supplier’s network or equipment capacity, connection availability, scheduled or unscheduled downtime for maintenance purposes or interruptions which generally affect the Internet. If interruptions or errors occur due to circumstances within the
Supplier’s control, then it will try to resolve them in a timely manner.5.2 The Customer acknowledges that:(a) the Training supplied is for informational purposes only;(b) no person (including the Customer, their patients and associates) can rely on the Training as a substitute for medical advice, diagnosis or treatment;(c) the Supplier does not give any assurances that the Training or its contents will be suitable for the Customer’s purposes; and(d) any reliance the Customer makes will be on its own independent assessments.5.3 Although the Supplier aims to supply the Training that is current and of high standards, it does not accept any liability for any:(a) inaccuracy or misleading information provided in the Training(b) loss or corruption of data; and(c) loss of profit, revenue or goodwill, or any indirect, special or consequential loss arising from any breach of the terms of this Agreement.6. The Customer is solely responsible for ensuring that its equipment is adequate to access the Training on the Website and for arranging all connections to internet and all necessary software licenses.
7.1 The Supplier may consider any request for a refund on a case-by-cases basis.7.2 The Customer is not entitled to a refund because the Customer has changed its mind
8.1 Where possible, any request for cancellation of a Subscription must be made in writing.8.2 Any request for cancellation shall be of no force or effect and shall not be binding on the Supplier unless and until the request for cancellation is accepted by the Supplier in writing.8.3 Consent to a request for cancellation of any Subscription shall be at the sole and absolute discretion of the Supplier.8.4 The Customer is liable for any costs incurred by the Supplier for a cancelled Subscription, and the
Customer agrees for the Supplier to use any deposit or part payment made by the Customer to reimburse
the Supplier for any costs incurred because of the cancelled order or Subscription.8.5 Any deposit or part payment made by the Customer that is not subject to clause 8.4 shall be returned to
the Customer within 14 business days.
9.1 A “Default Event” will occur if the Customer:(a) fails to pay any amount due to the Supplier;(b) breaches any other provision of the Agreement;(c) makes or threatens to make any voluntary or involuntary arrangement with its creditors or becomes subject to any external administration;(d) enters or threatens to enter into liquidation, receivership, administration or bankruptcy;(e) is subject to any measure by a receiver or administrator in respect of the whole or any part of its assets or if any distress or execution is levied on its assets; or(f) ceases, or threatens to cease, to carry on business.9.2 If a Default Event occurs, the Supplier may, without incurring any liability to the Customer, immediately take
any of the following actions:
(a) suspend the Subscription;
(b) terminate the Agreement without notice; or(c) declare all amounts owing by the Customer to the Supplier under any Agreement to be immediately due and payable.9.3 Failure to comply with this clause constitutes a material breach of the Agreement by the Customer.
10.1 The Customer agrees and acknowledges that information provided by it to the Supplier, may be used by
the Supplier for the purposes of assessing its suitability to enter into an Agreement.10.2 The Customer acknowledges that the personal information provided may be retained, used, and disclosed
by the Supplier for the following purposes and for other purposes as shall be agreed between the Supplier
and Customer or required by law from time to time:(a) the Supplier providing services and Training to the Customer;(b) the Supplier marketing the services offered by the Supplier; or(c) processing any payment instructions and direct debit facilities requested by the Customer.10.3 A copy of the Supplier’s Privacy Policy can be viewed on its Website.
11.1 All intellectual property rights (including brand names, logos, trademarks, contents) in the Training and Website belongs to the Supplier and nothing in these Terms or any Agreement confers on the Customer any rights of ownership.11.2 Ownership of the intellectual property rights vests with the Supplier at all times.11.3 The Customer’s access to the Training and its contents is personal to the Customer, and the Customer
must not:(a) disclose the Training or contents to anyone else;(b) remove any information which gives notice of the Supplier’s rights;(c) create any database which includes, in whole or in part, the Training or its contents;(d) modify the Training or its contents;
(e) reproduce or communicate any part of the Training or its contents in any manner without the
Supplier’s written consent;(f) make any uses or disclosures of the Training which is contrary to these terms, law or anyone’s
rights; or(g) allow anything else to be done in respect of the Training or its contents which is not expressly
permitted by these terms.11.4 The Training may be subject to changes and developments to MLS laser therapy and devices. The
Customer acknowledges and accepts that if changes or updates are made after its purchases, then it may
not be entitled to the updated or changed Training.
12.1 A party must not transfer any of its rights or obligations under the Agreement without the prior written
consent of the other party (which may be granted or refused in the party’s sole and absolute discretion).
13.1 The failure or delay by the Supplier to exercise any of its rights under these Terms will not waive, vary or
preclude the Supplier from exercising that or any other right.
14.1 Any part hereof being a whole part of a clause shall be capable of severance without affecting any other
part of the Agreement.
15.1 An Agreement contains the entire agreement between the parties and supersedes all previous agreements
and understandings between the parties.
Protecting Your Privacy Online
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Any personal information provided to Heal With Laser Group will only be used by us and not divulged to any other party. Where there are options for the use of the material within Heal With Laser these will be made clear to you and the choice will be yours. The information that you provide in any contact or registration form and information provided at any other times during a seminar, workshop or conference (including any feedback obtained during the event) will be used by our office to improve our service. Some of the information that is collected in the registration for workshops etc form such as your name, organisation and its location and your email address may be provided to other delegates (with your permission).
Heal With Laser has an existing customer database, designed to offer users up-to-date information on new products and upgrades to existing products. To obtain this information users must have provided Heal With Laser with their e-mail address.
Whenever you visit any web site including ours, site server software may gather anonymous statistical information such as the Internet Protocol of the domain from which you access the Internet, your top level domain name, when you access our site, pages accessed and documents downloaded, the previous site visited and the type of browser used. Our servers never record the identity of the person browsing. If you wish to leave no trace of your visit configure your browser to not accept “cookies.”
Heal With Laser will not use or disclose any information about you unless:
Heal With Laser has a policy of keeping existing customers informed of product upgrades and new products by e-mail. If you receive promotional information from Heal With Laser and no longer wish to do so, you may remove your name from by emailing us.
Heal With Laser takes all possible measures to ensure the privacy of your information in all forms.
If you are an existing customer and wish to know what information we hold about you please send an email with the details of your request.
If you have any queries relating to our privacy policy, or you have a problem or complaint, please contact us.
Heal With Laser reserves the right to change its privacy policy at any time and notify you by posting an updated version of the policy on our site.
For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s website.