Rehab Minder Terms and Conditions of Use
Please read the following Terms and Conditions before using this Application. By using the Application you have agreed to the Terms and Conditions outlined below. If you do not agree with the Terms and Conditions, do not use this Application.
1. Definitions and Interpretation
In these Terms and Conditions, the following terms shall have the corresponding meanings:
“Application” means the Rehab Minder mobile phone application and all related software, documentation, updates and upgrades that replace or supplement the application and are not distributed with a separate licence;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Application;
“Licence” is defined in clause 2.1;
“Rehab Minder” means Rehab Minder Pty Ltd ACN 162 616 033, C/O R & D White and Associates Pty. Ltd., 27 Charles Street, South Perth, Western Australia, 6151, Australia;
“Terms and Conditions” means these terms and conditions of use;
“you” and “your” refers to the user;
“we” means Rehab Minder.
2.1 Rehab Minder grants you a personal, limited, non-exclusive licence (“Licence”) to install and use the Application for your personal, non-commercial use solely as set forth in these Terms and Conditions and any accompanying documentation.
2.2 These Terms and Conditions govern the Licence and your use of this Application.
2.3 Your acquired rights are subject to your compliance with these Terms and Conditions. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing or otherwise distributing the Application or rights to use the Application. The term of your License shall commence on the date that you start to download, install or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application; or Rehab Minder’s termination of this Licence.
2.4 You acknowledge that these Terms and Conditions are between you and Rehab Minder and its staff and not with Apple, Samsung, Android, Google or any other provider of mobile communication devices or software.
2.5 Rehab Minder reserves the right to revise, update or amend the Terms and Conditions at any stage in the future. When you use the Application, you will be bound by the Terms and Conditions in force at that time and should read the Terms and Conditions regularly.
2.6 While we endeavour to ensure that the information contained in Rehab Minder is correct and up to date, it is provided “as is” and Rehab Minder gives no guarantee or warranty as to its accuracy, completeness and reliability. We exclude all expressed and implied warranties with respect to the Content, and any other assurance as to the gains to be made by using this Application. You should confirm its accuracy, appropriateness and applicability with other sources and it is in no way a substitute for medical and therapy advice from a qualified medical practitioner, occupational therapist or physiotherapist in a clinical setting.
3.1 The Application is to be used only in consultation with a qualified health care provider (medical doctor, occupational therapist or physiotherapist). Always consult a qualified health care provider if you need treatment for any one of the conditions described in the Application. The Application is not a substitute for professional medical advice, diagnosis or treatment. Never disregard professional health care advice provided to you because of something you have read in the Application.
3.2 The information in the Application is not intended to be a recommendation for treatment of any particular person or patient. Any content or information provided by Rehab Minder is for informational and educational purposes only and does not mean that a therapist-patient relationship has been established between you and the authors of this Application. Any use thereof is solely at your own risk.
3.3 Not all exercises described in the Application are suitable for everyone. This or any exercise program can result in injury.
3.4 To reduce the risk of injury, never force or strain. If at anytime you feel discomfort or pain during a particular exercise, discontinue that exercise immediately and consult your health care professional. Any changes made to your exercise program should be done under advice of your qualified health care provider.
4. Intellectual Property
4.1 For the purpose of this clause, intellectual property meant the various rights and property conferred under statute, common law and equity in and in relation to patents, inventions, designs, copyright, trademarks, trade names, business names, corporate names, logos, get up, circuit layouts, know-how, trade secrets and confidential information and the right to have trade secrets and confidential information kept confidential and all other intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of July 1967, and includes:
(a) all applications for registration, extension, renewal or otherwise in respect of the rights and property referred to in paragraph (a) of this definition; and
(b) all rights of action in respect of the rights and property referred to in paragraph (a) of this definition.
4.2 Rehab Minder owns all intellectual property rights in any content of the Application (including but not limited to text, graphics, software, photographs and other images, videos, sound, trade marks and logos).
4.3 Except as expressly set out in these Terms and Conditions, nothing in these Terms and Conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Application. If you print off, copy or store pages from the Application (only as permitted by these Terms and Conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the Content are reproduced.
5. Links to other web sites
5.2 Any resale, redistribution of all or portions of the information contained in the Application is not permitted.
6. No Warranty
6.1 This Application is a source of general information and education for health professionals and individuals who may, or may not, suffer from injury. Rehab Minder does not make any warranties or guarantees of any kind relating to the content of this Application, including that the information contained within this Application is accurate, complete or reliable, and are not responsible for any errors or omissions, or for the results obtained from the use of such information. Users of this information should confirm its accuracy, appropriateness and applicability with other sources. The Application and content are provided on an ‘as is’ basis.
6.2 Not all upper limb conditions and treatment modalities are described in this Application. While Rehab Minder endeavours to ensure that the information contained in the Application is up to date and correct, Rehab Minder gives no representation or guarantee to its accuracy, completeness or adequacy.
6.3 The Application is provided “as is” and on an “as available” basis. We give no warranty that the Application will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
6.4 Information contained within this Application can at no time replace the expertise of a qualified professional in a clinical setting. Never disregard or delay in seeking medical advice because of any information contained within this Application. The content of this Application is provided for information only and is not intended to be used or relied upon for treatment or as a substitute for consultation with any health professional, doctor, physiotherapist, occupational therapist, or specialist.
6.5 Rehab Minder recommends seeking professional advice before embarking on any form of self treatment. If you have sustained an injury or have a medical condition, you should promptly seek appropriate medical advice from your doctor. If you think you have a medical emergency contact your doctor or emergency health service immediately. This Application should not be used if you are pregnant, have undergone a surgical procedure for your condition or you have a medical condition.
6.6 Rehab Minder does not give any warranty, express or implied or any other assurance as to the gains to be made by using this Application. Users of this Application do so at their own risk.
6.7 Not all exercises are described on this Application. The types of exercises prescribed in clinical settings and opinions regarding their suitability change inevitably and rapidly as new information becomes available. Therefore the information in this Application does not necessarily represent the most accurate or current thoughts or methods.
6.8 Products recommended or purchased from this Application or Rehab Minder website are produced by an external company. Rehab Minder makes no warranties or guarantees that the products or equipment purchased or recommended in this Application or on the Rehab Minder website are applicable, appropriately recommended or useful. Customers choosing to purchase equipment or products from this Application, the Rehab Minder website or other recommended sites, do so at their own risk.
6.9 Contact details supplied are provided for basic inquiries and should not be used for medical advice, for urgent or emergency requests, treatment of any injury or condition or to transmit confidential or medical information. Any opinions or information, unless otherwise stated are those of the creators of Rehab Minder, and in no way claim to represent the views of any other medical or health professionals or institutions.
7. Limitation of Liability
7.1 To the fullest extent permissible by applicable law, in no event shall Rehab Minder, its subsidiaries or its affiliates be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer failure or malfunction or any form of direct or indirect, special, incidental, consequential or punitive damages from any causes of action arising out of or related to this Licence or the Application, whether arising in tort (including negligence), contract, strict liability or otherwise, whether or not Rehab Minder has been advised of the possibility of such damage. Some jurisdictions do not allow the limitation of liability for death, personal injury, fraudulent misrepresentations or certain intentional or negligent acts, or violation of specific statutes, or the limitation of incidental or consequential damages, so some or all of the above limitations of liability may not apply to you.
7.2 In no event shall Rehab Minder’s total liability to you for all damages (except as may be required under applicable law) exceed the amount actually paid by you for the Application.
7.3 Rehab Minder accepts no liability for any disruption or non-availability of the Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
7.4 By using this Application you agree to defend, indemnify and hold Rehab Minder, its agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from your use of the Application, content or services. Rehab Minder accepts no responsibility for any medical events, injuries, illness or other outcomes related to or resulting from the provision or use of this Application, content or services.
7.5 The Application may contain advertisements for other sites and companies. Unless expressly stated otherwise, we do not endorse any product linked to or advertised on Rehab Minder or this Application. Rehab Minder makes no assurance or warranties (expressly or implied) about the accuracy, completeness or reliability of any advertisement links to and from other sites. Rehab Minder provides links to other sites for convenience of users only. These are not necessarily an endorsement of the site. We are not responsible for the content of these sites and visitors access them at their own risk. Rehab Minder reserves the right to refuse a third party site permission to provide a hyperlink to any part of Rehab Minder at Rehab Minder’s absolute sole discretion. Rehab Minder make no assurances or warranties (expressed or implied) about the accuracy, completeness or reliability of any information held within any third party site to which a user may be linked. By linking users to other websites Rehab Minder is in no way endorsing the views or information held within such websites.
8. Limitation of Liability is a Material Term of these Terms and Conditions
You agree that the provisions of these Terms and Conditions that limit liability are essential terms of this Terms and Conditions. The foregoing limitations of liability apply even if any remedies described in this Licence fail in their essential purpose.
9.1 These Terms and Conditions are effective until termination of the Licence. Your rights under this Licence will terminate immediately and automatically without any notice from Rehab Minder if
(a) you fail to comply with any of the Terms and Conditions of this Licence; or
(b) Rehab Minder ceases to support the Application.
9.2 Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Rehab Minder’s termination will not limit any of Rehab Minder’s other rights or remedies at law or in equity.
You agree to abide by Australian, U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom Rehab Minder is prohibited from transacting business under applicable law.
All notices / communications shall be given to us either by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
12.1 These Terms and Conditions shall be governed by, construed, interpreted, and enforced in accordance with the laws of Western Australia, Australia.
12.2 Each of the parties irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia, Australia.
This is the entire agreement between the parties relating to the matters contained herein.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of these Terms and Conditions shall continue in full force and effect.