Website Terms of Use

Welcome and Acceptance

Welcome to our website. By accessing our website you are agreeing to comply with and be bound by the following terms of use (“Terms of Use”) which govern our relationship with you in relation to this website. If you do not agree to our Terms of Use, then you should not access our website or make a purchase on our website.

Interpretation
Unless the context otherwise requires:

  • the terms “our”, “us” or “we” refer to Proactive Injury Management Solutions Pty Ltd (ABN 18 101 253 874) trading as Perceptive Health.
  • the terms “you” or “your” refer to the user or viewer of our website
  • words importing the singular include the plural and vice-versa
  • the word ‘includes’ or ‘including’ is not a word of limitation
  • no rule of construction applies to our disadvantage because we prepared these Terms of Use
  • headings are for convenience only and do not affect the interpretation of these Terms of Use
  • the term ‘person’ includes a company, association, partnership, joint venture and trust
  • all references to “$” or “Dollars” or “AUD” on our website refer to Australian Dollars

Use of Our Website
In respect of our website:

  • you agree to be bound by our privacy policy as found on our website
  • the content of our website is for your general information and use only and must be read subject to these Terms of Use
  • we do not publish, make, or authorise any offer or representation on this website and we do not represent that any goods or services displayed or advertised on this website will be available at the specified price, or at all
  • we do not provide any representation or warranty as to the accuracy, timeliness, performance, reliability, completeness or suitability of the information and materials found on our website and to the fullest extent permitted by law:
    • your use of such information or materials is entirely at your own risk
    • it is your own responsibility to ensure that any information, materials, products or services available on or through our website meet your specific requirements
    • we are not liable to you in respect of such information or materials
  • you acknowledge that information and materials on our website may contain inaccuracies or errors
  • photographs of goods on our website are for illustrative purposes only and may vary from the goods depicted or described
  • we may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. Your participation in any such activities is entirely at your own risk, and we do not accept any responsibility in connection with your participation in such activities
  • we do not provide any representation or warranty that our website or anything available for download is free from computer viruses, corruption or other damaging or disabling programs. You must take your own precautions to ensure that your access to our website does not expose you to viruses, malicious computer code or other forms of interference which may damage your computer system
  • unauthorised access or use of our website is prohibited (including hacking)
  • cookies may be used on our website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser)
  • you may not create a link to our website from another website or document without our prior written consent (which may be given or withheld in our absolute discretion)
  • if you are acquiring products or services from us through our website, you agree to only enter current, complete, proper and accurate information and we shall not be liable to you for any failure on your part to abide by this requirement
  • we may suspend the operation of part or all of our website for maintenance or upgrade purposes or for any other reason at any time
  • we may change the layout, content or any other aspect of our website at any time
  • you must not add to or alter or interfere with our website in any way including without limitation as to its use, operation, functionality, structure or presentation except for entering information expressly permitted by the functions we make available on our website and then only in accordance with our Terms of Use
  • we may impose limits or restrictions on your use of this website or terminate your access or use at any time in our absolute discretion and without prior notice
  • any data that you enter or transmit to our website must not breach any third party intellectual property rights or contain any computer viruses, corruption or other damaging or disabling programs and must not be defamatory, threatening, abusive, pornographic, scandalous, a breach of privacy or confidentiality, offensive, derogatory, unlawful or something that may cause harm or embarrassment to any person
  • you must not use our website to engage in spamming or attempt to collect or retrieve any information from our website, other than that information which we make available publicly, by any means whether electronic, manual or otherwise

Intellectual Property
Our website may contain information or material which is owned by or licensed to us including without limitation the design, layout, logos, trademarks, look, appearance and graphics. In addition, such information and material may be subject to copyright or other intellectual property rights.

All rights of the owner or licensor in respect of the foregoing are expressly reserved and to the fullest extent permitted by law, any reproduction in part or whole of same is prohibited, however, you are permitted to save a copy of any page of our website (where that function exists) or print off pages of our website for your own non-commercial, personal reference. You gain no intellectual property rights whatsoever in anything you save or print.

User Comments or Feedback
If you are able to enter a comment on our website:

  • these are the views of the party entering the information and are not to be taken as our views
  • we accept no responsibility or liability for such information
  • you agree not to enter anything that is defamatory, threatening, abusive, pornographic, scandalous, a breach of privacy or confidentiality, offensive, derogatory, unlawful or which may cause harm or embarrassment to any person
  • we reserve the right without notice at any time to review, remove or block any comment or restrict or block your access to make comments
  • you warrant that the information you provide is not in breach of any third party intellectual property rights
  • you agree we may, subject to our privacy policy, use that information in any manner we see fit (this may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products)

Linked Sites and Disclaimer
Our website may contain links to websites owned, operated or controlled by third parties (“linked sites”). The linked sites are not under our control and we are not responsible for their content or availability or any further links contained within those linked sites.
We disclaim all liability, and you agree to hold us harmless from same, for any information, materials, products or services posted or advertised at or through any of the linked sites. Without limiting the foregoing:

  • by creating a link to a linked site, we do this only as a convenience but do not endorse or recommend any products or services posted or advertised or any information or material contained in that linked site
  • we are not liable to you for any failure of products or services posted or advertised in those linked sites or for any deficiency or incorrectness in any information or material contained in those linked sites
  • we do not warrant that linked sites will have the same or similar terms of use or privacy policy as we have or that the linked sites are as secure as our website or free from computer viruses, corruption or other damaging or disabling programs and we are not liable to you in respect of such matters
The access and/or use of linked sites is solely at your own risk.


Limitation of Liability
To the fullest extent permitted by law, under no circumstances (including without limitation as a result of negligence) will we be liable for any damages, losses or expenses including without limitation direct, indirect, special, incidental, or consequential damages, losses or expenses or any damages, losses or expenses due to loss of data, income, profits, business or goodwill arising in connection with:

  • our website or access or use thereof or inability to access or use by you
  • any linked sites or access or use thereof or inability to access or use by you
  • any failure of performance, error, omission, interruption, defect, delay in operation or transmission of our website
  • any computer virus or corruption or other damaging or disabling programs being present on or affecting our website or anything available to download from our website
  • any fraudulent activity or unauthorised use of our website by any person
  • any line or system failure
  • any information or materials found on our website being inaccurate, untimely, unreliable, incomplete or unsuitable
  • any comments entered on our website
  • you entering non-current, incomplete, improper or inaccurate information on our website when acquiring products or services from us through our website
  • us enforcing or attempting to enforce or delaying in enforcing any of our rights even if we or our representatives are advised of the possibility of such damages, losses or expenses.
To the fullest extent permitted by law:
  • all implied warranties, terms and conditions including those implied by use, trade, custom or otherwise are hereby excluded
  • our liability under any warranty, term or condition which cannot be legally excluded is limited at our option to replacement or resupply of products or services or payment for same
  • any limitation of liability, disclaimers or indemnities given by you in our favour or which operate in our favour also extend in favour of our directors, officers and employees
  • where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms of Use will survive

Indemnity
You agree to indemnify us from and against all claims, demands, suits, proceedings, costs, losses, damages, expenses and all other liabilities (including without limitation legal costs on a full indemnity basis) suffered, paid or incurred by us arising from:

  • your use of this website;
  • any information that you provide via this website or any damage that you may cause to this website (including, without limitation, any loss or liability arising from copyright infringement, defamation, invasion of privacy, trade mark infringement, computer viruses, corruption or other damaging or disabling programs); and
  • any breach by you of these Terms of Use or our privacy policy.

Inconsistency
If you acquire products or services from us through our website and accept our Terms and Conditions of Sale but there is an inconsistency between our Terms of Use and the Terms and Conditions of Sale, then the Terms and Conditions of Sale will prevail to the extent of the inconsistency.

Amendments
We reserve the right to amend, vary or replace any of our Terms of Use or privacy policy at any time without notice. As such, it is your responsibility to return to this page before using our website in the future to check the Terms of Use and privacy policy applicable at that time. Your continued use of this website following such amendment of these Terms of Use will represent an agreement by you to be bound by the Terms of Use as amended.

Severability
Any provision of our Terms of Use or privacy policy which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of that prohibition or unenforceability, without invalidating the remaining provisions of our Terms of Use or privacy policy or affecting the validity or enforceability of that provision in any other jurisdiction.

Waivers
The failure to exercise or delay in exercising by any party of any right conferred by these Terms of Use or at law shall not operate as a waiver and the single or partial exercise of any right by that party shall not preclude any other or further exercise of that or any other right by that party.

Assignment
You cannot assign your rights or obligations under our Terms of Use or privacy policy.

Governing Law
Our Terms of Use and privacy policy are governed by, and you agree to submit to, the laws applicable in the State of New South Wales, Australia.
If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representation or warranty that the content of this website comply with the laws of any country outside Australia.

Jurisdiction
You agree to submit to the jurisdiction of the courts of New South Wales, Australia and any Federal Courts of Australia in respect of any legal action or proceedings with respect to our Terms of Use or privacy policy.

17/09/2020