[Last updated 12 May 2020]

When you read words that refer to the names of our website, "us", "our" or "we", it means Cancer Rehabilitation & Lymphatic Solutions ABN 67 922 394 289, which makes the Bounce Back from Breast Cancer programs available.

When you read the words "you", "user" or "your" it means you, a potential or subscribed member or customer of ours who has been granted access to the members area on our website.

Our website means https://www.bouncebackfrombreastcancer.com/.

Where it is used in these terms and conditions, the term 'membership services' means products, programs or subscription style offerings we offer for sale on our website or we offer for sale elsewhere, and then provide access via our website.

When you use our membership services, you are agreeing to be automatically bound by these membership terms and conditions as well as our standard terms of use and privacy policy.

We encourage you to carefully read and understand these terms and conditions before subscribing, purchasing products or using any of our services. If you don't agree, your remedy is to stop using our membership services.

Updates

We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated by notice on our website. For existing members, we aim to provide 30 days prior notice via email and inside the membership area before changes to terms and conditions come in to effect.

Feedback, comments or complaints

If you have any questions, please contact us via [email protected] and we will usually respond to all enquiries within two business days. We welcome the opportunity to talk with you and address any concerns.

No unlawful or prohibited use

As a condition of your use of our membership services, you warrant that you will not use our membership services:

You expressly agree not to:

Creating your account

You must create an account to purchase a product or become a subscriber to our membership program. You must be over 18 years old to create an account and use our services. If you are the parent or guardian of a minor who wishes to access our services, you must set up the account on their behalf, supervise all use they make of our services and supervise any access they make of our social media or other platforms.

When creating an account, you agree:

We reserve the right to suspend, terminate or disable your account if we believe that you are in breach of any of these terms and conditions.

You may use your account on more than one device however we use IP address tracking software that tracks the IP address of every device that accesses our paid content and the email address associated with all active accounts. If we suspect you have shared your log-in details and, as a result of our investigation, we reasonably determine you are in breach of these terms, without limiting any other rights we may have, we reserve the right to close your account with no refund of membership payments, and prohibit you from opening a new account.

Purchasing Products or Subscribing as a member

You may purchase products that are listed as available for purchase on our website using the shopping cart.
We use third party payment platform Stripe to process payment and manage your subscription.

We do not directly receive or store your credit card or other financial information.

Unless otherwise stated, amounts shown on our website are in Australian Dollars.

You may subscribe to programs by the one-off purchase of the Foundation Program, which is a 24 video exercise program with exercise manual, and purchasing the monthly subscription for the On-line Members area. If you are not satisfied with the program, we offer a 30 day money back guarantee from the date of first purchase only.

When you subscribe to a Bounce Back from Breast Cancer program, the monthly subscription fee gives you access to the members log-in portal on the www.bouncebackfrombreastcancer.com site where you can access Move With Me – Basics; Move With Me- Next Level; the Education module; and the Private Closed Face Book group, Bounce Back Tribe.

Payments and refunds for membership subscriptions

We do not offer refunds for membership subscriptions or programs offered online, whether you have chosen to use the services provided or not. You may cancel your subscription at any time, and your access to the members area will come to an end at the end of your then current monthly subscription period.

You agree to pay any applicable surcharges we incur based on your method of payment, including dishonour fees if applicable (for example if you subscribe to a service with a monthly fee and a dishonour fee is charged to us for an attempted payment).

Interest will be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment, at a rate of 8% per annum (compounding monthly).

You agree to pay any costs and disbursements incurred by us in pursuing any outstanding debt (including legal costs on a solicitor and own client basis and collection agency costs).

Termination of membership subscription

If you have purchased a product with an on-going monthly fee, you will have access to our membership benefits and new monthly content (where this applies) only for the duration of your subscription. You may end your subscription prior to the automatic renewal at the end of each subscription period by contacting us at [email protected]. Please ensure you allow at least 2 business days prior to the automatic renewal or you may be charged for the next month.

We may end your subscription without refund by giving you at least 2 weeks' notice prior to the end of your current subscription that we intend to end your subscription. You will continue to have access to our services until the end of your current, paid subscription period.

Disclaimer and limitation of liability – General

We aim for our website content to be accurate and up to date but do not accept any responsibility for errors or omissions. We may amend our website content at any time without notice.

Nothing on this website is intended to be taken as treatment, advice or diagnosis of breast cancer, lymphoedema or other health needs. You must see a qualified health practitioner and discuss options for treatment before making a decision about your treatment. Always seek the advice of a health care professional for appropriate medical advice.

The exercises offered in our videos and programs are demonstrated by a qualified cancer rehabilitation occupational therapist and qualified lymphoedema practitioner. These exercises are demonstrated for individuals who have been diagnosed by their treating health practitioner as experiencing a stage of breast cancer, whether before or after surgery, with the aim of decreasing the probability of the onset of lymphoedema or lymphoedema becoming worse.

Any case studies included on our website may have been created from a compilation of the circumstances affecting more than one patient and may not apply to your circumstances. Results achieved with one patient may not be achievable with another patient.

Where we have used case studies of real patients, we have first obtained their permission to use their personal information and any associated images. Names may have been changed at the request of the patient.

To the maximum extent permitted by applicable law, anything contained in our membership services or on our website is provided "as is" without warranty or condition of any kind. Where warranties are implied by law, our liability will be limited in respect of any claim to, at our option, supplying the services again, or remedying the fault in the service.

You agree that our total aggregate liability for all claims relating to your use of our membership services and/or website is limited to the amount actually received by us from you in the 3 months immediately prior to the date of the claim(s), even if that amount was zero.

This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our membership services.

Health & Safety Notice and Disclaimer – Exercise

Please read this Health & Safety Notice and Disclaimer before participating in any exercises shown on our website or as part of our programs.

Occupational therapists treat injured, ill, or disabled patients to help patients develop, recover, improve or maintain the skills needed for daily living and working through exercise and the therapeutic use of everyday activities.

You are responsible for assessing and monitoring your own physical and mental capacity to participate in activities shown in our videos and programs.

Safe space

Before following any activity in one of our videos or programs, ensure you have a clear and safe place to practice, free of any obstacles at any height and every direction within an arm's length of your body.
Wear comfortable clothing which does not restrict your movement.

If at any time you feel light headed, dizzy or incapable of continuing for any reason, you should stop the activity immediately and sit down or lean against a wall to reduce the chance of falling over.

What risks should you be aware of?

When you are learning movement through video it is not possible for your therapist to identify incorrect movements which may cause discomfort or injury, or to ensure that your environment is safe and fee from obstacles.

We make all reasonable efforts to ensure that the activities provided are safe, but our activities carry some inherent risks. In particular, exercise may carry the risk of personal injury including but not limited to: muscle cramps, dizziness, general soreness, chest discomfort, muscular and soft tissue damage.

Injuries could arise from:

This list is not exhaustive, and there are other risks you may not expect that could result in injury or illness.

Release, Disclaimer & Indemnity

By watching our videos or programs and participating in the exercises shown (participating), you acknowledge and agree that:

Social media content

Content in our closed Facebook group or other social media platforms may be contributed by third parties. The person contributing that content is responsible for what they have provided. If you have any concerns about that content, you should contact the author directly. Views and opinions of third parties are not necessarily shared by us. We may at our discretion moderate our social media platforms, however we are not obliged to do so.

Indemnity

You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

Applicable law

This agreement is governed by the laws of New South Wales, Australia. You agree to be subject to the jurisdiction of the courts of New South Wales if there was a serious dispute between us without reference to conflict of laws provisions.

You may provide notice to us by email at [email protected]. We may provide notice to you via email or other electronic means.

Use of our membership services is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our membership services is unauthorized, it is your responsibility to stop using our membership services.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of this agreement or use of our membership services.
Our performance of this agreement is subject to existing laws and legal process. Nothing contained in these terms can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our membership services, or with regard to information provided to us, or gathered by us, about your use of our membership services.

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the terms and conditions will continue in effect.

Social media rules of engagement

Our goal is for people to feel safe and included when using our social media platforms. We have a varied community that may include users from multiple countries and at different ages and stages in their health journey. All are welcome here.
If you use any of our social media platforms as a condition of use you agree:

We do not endorse any products or services of third parties.
As our communities are large, if you see posts you believe are questionable, please report them to us by email at [email protected] or you can reach out to our community manager directly by private message. We may at our discretion moderate our social media platforms, however we are not obliged to do so.

If we find users breaking our rules and we consider the offence to be suitable serious, we reserve the right to permanently exclude them from our community, including immediately terminating any paid membership they hold. We may also contact the authorities and share post content and corresponding user personal information with relevant authorities if we are concerned about the safety of any person.

If we consider the rule breaches to be less serious, we will exercise our discretion regarding that user's continued access to the group.

While me may enforce this policy against a user, we are not obliged to do so.

End.