Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Painless.Health relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Painless.Health (previously Painless.Clinic) and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

CANCELLATION POLICY

Should you choose to cancel an appointment at Painless, you will be subject to our cancellation policy. Cancellations made less than 48 hours prior to your scheduled appointment will be subject to a $50 cancellation fee. Should you fail to attend your appointment, you will be required to pay the full appointment fee. All cancellations must be made by phone or in-person. No email cancellations will be accepted.

REFUND POLICY

Please be aware that once a service has been provided, we are unable to provide any refund. This applies for all services provided by all health professionals employed at Painless Health.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Painless.Health rights and obligations to each other.

LIMITATION OF LIABILITY

To the fullest extent permissible at law in the State of Western Australia, Painless.Health officers, employees, agents, agencies, instrumentalities, contractors, successors, assigns and others acting under its control are irrevocably and unconditionally released from any and all liability to each person or organisation using Painless.Health as a result of any information being incorrect.

It is an essential pre-condition to you using our website that you agree and accept that Painless.Health is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

INFORMATION AND CONTENT

The information provided is correct to the best of our knowledge, but no warranty as to accuracy is given and each person or organisation should not act on the basis of its contents without taking appropriate independent advice.

The information and materials on Painless.Health are made available on the understanding that they do not constitute professional or expert advice.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Painless.Health liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

LINKS TO OTHER WEBSITES

Painless.Health may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not imply sponsorship, endorsement, or approval or arrangement between Painless.Health and the owners of those websites, nor any associated organisation, product or service. Painless.Health takes no responsibility for any of the content found on the linked websites.

It is the responsibility of the user to make their own decisions about the relevance or accuracy, currency and reliability of information found on those sites.

Our Painless.Health website may contain information or advertisements provided by third parties for which Painless.Health accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

VIRUSES

We do not represent or warrant that any files obtained from or through Painless.Health are free from computer viruses or other defects. Painless.Health and its officers, employees, agents, agencies, instrumentalities, contractors, successors, assigns and others acting under its control accept no liability for the presence of computer viruses or other defects.

HEALTH AND MEDICAL INFORMATION DISCLAIMER

The information provided on this Painless.Health is provided for information purposes only. If you are a patient using this Painless.Health, you should seek assistance from a health care professional when interpreting these materials and applying them to your individual circumstances.

If you have any concerns about your health, consult your general practitioner. Information provided on Painless.Health does not imply endorsement of third-party services or products and cannot provide you with health and medical advice.

This website provides general information only. It should not be construed as medical advice, nor does it replace the need to seek medical advice from a qualified medical professional. To the maximum extent permitted by law, Painless will not be liable in any way for any injury, loss or damage suffered by you through accessing or using the information on this website.

GENERAL DISCLAIMER

To the fullest extent permitted by law, Painless.Health absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Painless.Health gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Painless.Health to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Painless.Health. Painless.Health expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Painless.Health will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Painless.Health reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Painless.Health expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Painless.Health concerning your use and access to Painless.Health website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of Western Australia and Australia. If there is a dispute between you and Painless.Health at results in litigation then you must submit to the jurisdiction of the courts of Western Australia.