Terms and Conditions

1. Definitions

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. Interpretation

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. General

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. Payment Terms

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. Disclaimer of Warranties

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. Refunds

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. Cancellation

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. Customer’s Default and Termination

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

9.3 Failure to comply with this clause constitutes a material breach of the Agreement by the Customer.

10. Privacy Act

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

10.3 A copy of the Supplier’s Privacy Policy can be viewed on its Website.

11. Intellectual Property Rights

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;

(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. Assignment and Subcontracting

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. No Waiver

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. Severability

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. Entire Agreement

15.1 An Agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.