This agreement applies as between you, the User of this Website and Evoolve Pain Care Academy Pty Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 30 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"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 this Website;
"Facilities": means collectively any online facilities, tools, services or information that Evoolve Pain Care Academy Pty Ltd makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Evoolve Pain Care Academy Pty Ltd proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at 215 Nicholson Rd, Shenton Park, Western Australia
6008, Australia;
"System": means any online communications infrastructure that Evoolve Pain Care Academy Pty Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Evoolve Pain Care Academy Pty Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (evoolvepaincare.academy) and any sub-domains of this site (unless expressly excluded by their own terms and conditions); and
"We/Us/Our": means Evoolve Pain Care Academy Pty Ltd, a company limited by guarantee (Australia Company Number 672998168), located at 215 Nicholson Rd, Shenton Park, Western Australia 6008
These Terms and Conditions also apply to business customers procuring Services in the course of business.
The information provided in this Website is general advice only and there is a requirement:
(i) for each clinician to make their own judgement about the best care for each individual patient;
(ii) for each clinician to determine what scope of practice is appropriate for their profession in their jurisdiction; and
(iii) for each person living with pain to consult with their health care team before acting on any information provided on this Website.
Nothing in this Website creates, and the use of this Website does not constitute, a doctor-patient or clinician-patient relationship. While every effort is made by Evoolve Pain Care Academy Pty Ltd to ensure that accurate information is disseminated through this medium, we make no representation about the content and suitability of this information for any purpose.
It is provided “as is” and Evoolve Pain Care Academy Pty Ltd disclaims all warranties, express or implied, including all implied warranties or merchantability and fitness. In no event shall We be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of income, profits, or personal injury, whether in an action of contract, negligence or otherwise, arising in connection with the use or performance of this information.
Any comments, views, or opinions expressed through our website are those of their respective authors, and are not necessarily endorsed by, or reflect those of Evoolve Pain Care Academy Pty Ltd, or any of its respective employees.
Persons under the age of 18 should use this Website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.
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4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Evoolve Pain Care Academy Pty Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Australian and International intellectual property laws.
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4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or otherwise re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
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5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, copyrights and trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
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5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or otherwise re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Material from the Website may be re-used without written permission where any of the exceptions provided under the Copyright Act 1968 (Commonwealth), such as those for fair dealing, apply.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Evoolve Pain Care Academy Pty Ltd. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the site or its operators.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site evoolvepaincare.academy without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at admin@evoolvepaincare.academy.
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9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
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9.1.1 You must not use obscene or vulgar language;
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9.1.2 You must not submit Content that is unlawful or otherwise objectionable (including Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist);
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9.1.3 You must not submit Content that is intended to promote or incite violence;
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9.1.4 It is advised that submissions are made in English as We may be unable to respond to enquiries in other languages;
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9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
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9.1.6 You must not impersonate other people, particularly employees and representatives of Evoolve Pain Care Academy Pty Ltd or Our affiliates; and
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9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
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9.2 You acknowledge that Evoolve Pain Care Academy Pty Ltd reserves the right to monitor any and all communications made to Us or using Our System.
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9.3 You acknowledge that Evoolve Pain Care Academy Pty Ltd may retain copies of any and all communications made to Us or using Our System.
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9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms.
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10.1 In order to procure Services on this Website and to use certain parts of the System, you are required to create an Account which will contain certain personal details and Payment Information. By continuing to use this Website you represent and warrant that:
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10.1.1 all information you submit is accurate and truthful;
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10.1.2 you have permission to submit Payment Information where required; and
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10.1.3 you will keep this information accurate and up-to-date.
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10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
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10.3 If you have reason to believe that your Account details have been obtained by another person without your consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
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10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
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11.1 Either Evoolve Pain Care Academy Pty Ltd or you may terminate your Account. If We terminate your Account, you will be notified by email. We reserve the right to terminate without giving reasons.
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11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
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12.1 Whilst every effort has been made to ensure that the descriptions of Services available from Evoolve Pain Care Academy Pty Ltd correspond to the actual Services provided, We are not responsible for any variations in the nature of the Services as these may vary depending on your individual requirements and circumstances.
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12.2 Where appropriate, you may be required to select which of our Services you require.
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12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
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12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
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12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the Order shall be used.
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13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only then is. there a binding contract between Evoolve Pain Care Academy Pty Ltd and you.
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13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
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13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
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13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
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13.2.3 Relevant times and dates for the provision of the Services;
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13.2.4 User credentials and relevant information for accessing those services.
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13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
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13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
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13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If your use of those Services (such as accessing the content of a paid course) begins within 14 calendar days of Our acceptance of your order, then your statutory cancellation rights, detailed below in Clause 14, will be affected.
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13.6Evoolve Pain Care Academy Pty Ltd shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
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13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
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13.8 Evoolve Pain Care Academy Pty Ltd provides technical support via our online support forum and/or phone. Evoolve Pain Care Academy Pty Ltd makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
We want you to be completely satisfied with the Products or Services you order from Evoolve Pain Care Academy Pty Ltd. If you need to speak to us about your Order, then please contact customer care by email at
admin@evoolvepaincare.academy. You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
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14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Evoolve Pain Care Academy Pty Ltd and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: admin@evoolvepaincare.academy. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
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14.2 As specified in sub-Clause 13.5, if the Services begin within the cooling off period (such as accessing the content of a paid course), we will interpret that access as you making an express request that the service begin during the cooling off period and that you agree to the following:
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14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
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14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
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14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
Use of the Website is also governed by Our Privacy Policy (evoolvepaincare.academy/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
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16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1988 (Commonwealth) and your rights under that Act.
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16.2 We may use your personal information to:
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16.2.1 Provide Our Services to you;
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16.2.2 Process your payment for the Services; and
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16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
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16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1988 (Commonwealth) and should use and hold your personal information accordingly.
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16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission, unless required to do so by law.
- 16.5 We will never sell your personal information.
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17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
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17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
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17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
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17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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19.1 The Website is provided “as is” and on an “as available” basis. Evoolve Pain Care Academy Pty Ltd uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
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19.2 We accept no liability for any disruption or non-availability of the Website 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.
- 20.1 Users are strictly prohibited from taking photos or filming on any device while using the Website or at any Evoolve Pain Care Academy Pty Ltd event or facility.
- 20.2 Any patient videos recorded must not be shared in any format, particularly on social media.
- 20.3 Violation of this clause may result in immediate termination of your Account and further legal action.
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21.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
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21.2 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
You agree to indemnify, defend, and hold harmless Evoolve Pain Care Academy Pty Ltd, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, or expenses (including legal fees) arising out of your use of the Website or breach of these Terms and Conditions.
Neither party shall be liable for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure is due to causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, industrial action, or government restrictions.
These Terms and Conditions, together with any other documents expressly incorporated herein, constitute the entire agreement between you and Evoolve Pain Care Academy Pty Ltd concerning your use of the Website, and supersede all prior agreements, representations, or understandings, whether written or oral.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of Evoolve Pain Care Academy Pty Ltd. Evoolve may assign, transfer, or delegate its rights and obligations under these Terms and Conditions at its discretion.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Evoolve Pain Care Academy Pty Ltd.
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29.1 All notices / communications shall be given to Us either by email to admin@evoolvepaincare.academy. Such notice will be deemed received on 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.
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29.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
These Terms and Conditions and the relationship between you and Evoolve Pain Care Academy Pty Ltd shall be governed by and construed in accordance with Western Australian law. In the event of any dispute or claim arising out of or relating to these Terms and Conditions, the parties agree to first attempt to resolve the matter amicably through mediation before resorting to litigation. Should mediation fail to resolve the dispute, Evoolve Pain Care Academy Pty Ltd and you agree to submit to the exclusive jurisdiction of the courts of Western Australia.
