CONTRACT TERMS AND CONDITIONS (April 2024 Edition)
Thank you for considering to be a customer of Permission to Move Pty Ltd ABN 29 637 230 525 (PMPL)
Section A - Preliminary matters
1. Before uploading the Application Form at the foot of this page, you should be familiar with:
1.1 The Website Terms of Use and the Privacy Notice on this website, and
1.2 The Contract Terms in Section B of this page.
2. To become a customer you need to:
2.1 be an individual of at least 18 years of age, and
2.2 have legal right and ability to enter into a legally binding contract with PMPL, and
2.3 complete the Application Form with the information it requires, and then upload the Application Form (click 'submit'), and
2.4 pay to PMPL the specified service fee (in Australian dollars) by a payment method the Application Form allows, and
2.5 have PMPL accept your application by PMPL sending you an email of a unique username and password as would enable your on-line access to the product applied for.
3. PMPL reserves the right to not accept any application submitted. If your application is not accepted, PMPL would notify you at the email address you provided on the Application Form, and refund promptly the service fee without deduction.
4. If PMPL accepts your application, upon request, PMPL will issue you an invoice (a tax invoice if you are resident in Australia), marked 'Paid', for the service fee paid.
Section B – Contract Terms
5. If PMPL accepts your application, a contract forms between you and PMPL with the following terms.
6. PMPL agrees to provide you access, via this website, to the product you applied for by use of the username and password allocated to you for that purpose.
7. You are to keep your username and password secure and confidential and are responsible for all activity carried out under that username.
8. When accessing the product, you agree to adhere to the Website Terms of Use as current at the date your Application Form was accepted by PMPL.
9. Your right to access a product:
9.1 is not exclusive;
9.2 is personal and not transferable;
9.3 terminates if there is no activity on your username for at least 3 months, or 12 months after issue of your username, whichever is the earlier.
10. You acknowledge a product:
10.1 is a course of learning that aims for (but does not guarantee) you to reduce and manage your pain symptoms - PMPL does not however, offer assurance that every customer will profit from a course to the extent he, she or PMPL would hope for. If, for example, the source of continuing pain has been misdiagnosed by a health professional, a course outcome might not reduce and manage pain symptoms;
10.2 requires you study the course, in the order in which presented, and take those active steps the product requires;
10.3 as with all forms of unfamiliar physical activities not tailored to your particular health history or health condition and supervised in-person by a health professional, may involve some risk;
10.4 is not a substitute for advice from and treatment by a health professional. Any advice provided in a product is intended to be general information only and that such advice may not be appropriate for your situation or health condition;
10.5 may include access to PMPL coaching services in addition to the digital product, and the coach may be someone who is not an employee or partner of PMPL, in which case:
10.5.1 the contract for that coaching service would exist between only you and the coach, and PMPL itself would have no responsibilities under that contract;
10.5.2 PMPL may earn a commission from the coach for referring you to that coach.
11. Except where a law binding PMPL otherwise requires, the service fee is not refundable. This includes where you choose not to complete a course of learning under a product.
12. You acknowledge a product is proprietary to PMPL, and may not be copied in whole or in part (includes by screen shot, download to a memory device, upload to any server) nor shared with a third party. PMPL reserves all rights in its product, except allowing its customers non-exclusive licences to access the product via the website.
13. In Australia, PMPL's provision of a product comes with certain 'consumer guarantees' under the Australian Consumer Law that cannot be contracted out of. Nothing in these terms excludes those consumer guarantees if the Australian Consumer Law applies.
14. PMPL is not liable if the product becomes temporarily unavailable to you to access due to scheduled maintenance of this website or for reasons beyond PMPL's reasonable control.
15. The contract is governed by the laws in South Australia, and the parties submit to the exclusive jurisdiction of the courts in that State in connection with the contract.