These terms and conditions (the “Terms”) govern the use of ww.boosthealthlabs.com (the “Site”). This Site is owned and operated by Brain Changer Pty Ltd, trading as BOOST Health Labs (“BHL”, “we”, “our” and “us”).
Our Site includes information about our platform for delivering evidence-based treatment of chronic pain via a mobile and web application called flip* (the “App”) and accompanying telehealth pain recovery coaching (“Pain Coaching”) delivered by allied health professionals (“Pain Coach” and “Pain Coaches”). Your access to and use of the BHL Site, and any information provided herein, is governed by these Terms.
By using, accessing or visiting the Site, you hereby signify and confirm your agreement to these Terms.
You agree your visit, access to and/or use of the Site is not contingent on the delivery of any current or future functionality or features or dependent on any oral or written public comments made by BHL or any of its affiliates subsidiaries, officers, directors, employees, shareholders, contractors, agents, advertisers, licensors, suppliers, partners or other representatives (collectively “Representatives”) regarding current or future functionality or features.
You acknowledge and agree that BOOST Health Labs is not itself a health care provider, and does not provide you with any medical advice. BHL provides an App and Pain Coaching program(s) through which our Pain Coaches offer chronic pain recovery services.
EAll BHL Pain Coaches are registered with the Australian Health Practitioner Regulation Agency (“AHPRA”), Australia’s health practitioner regulation agency. Further information on APHRA registration and regulation can be found at www.ahpra.gov.au or 1300 419 495.
Any content or other materials displayed or provided through Site is intended for general informational purposes only and are not intended to be relied upon and are not a substitute for professional medical advice of any health care provider in diagnosing and treating you as a patient based on your personal circumstances. Such content and other materials are intended to support the relationship between you and your healthcare providers, and not replace it. We are not liable or responsible for any actions taken due to your having read or been told about or otherwise accessed or used such content or other materials. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the content or other materials and information published on the Site.
If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained on the Site, then the professional advice should take precedence. Never disregard professional medical advice or delay in seeking it because of something you have read through this Site. If you think you may have a medical emergency, call your doctor or emergency services immediately (000 in Australia).
A variety of content may be made available through the Site. While BHL strives to keep the BHL-Supplied Content that it provides through the Site complete and up-to-date, BHL cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any BHL-Supplied Content.
You acknowledge and agree that BOOST Health Labs own all legal right, title and interest in and to the Site and that the Site is protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
BOOST Health Labs grants you a limited, personal, worldwide, royalty-free, non-assignable and non-exclusive license to access the Site on a device that you personally own or control for your own personal non-commercial use. This license is for the sole purpose of allowing you to access the Site to obtain information on BHL’s chronic pain recovery platform.
You may not directly or indirectly: (a) copy, distribute, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by BOOST Health Labs, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Site or any applications running on the Site.
You may not directly or indirectly engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site).
You may not directly or indirectly access the Site for the purpose of bringing an intellectual property infringement claim against BOOST Health Labs or for the purpose of creating a product or service competitive with the Site, the App or our Pain Coaching.
The Site is provided in accordance with our Privacy Policy, which can be found at boosthealthlabs.com/privacy-policy.
These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the Site. You can determine when these Terms were last revised by referring to the "Last Updated" date at the top of these Terms. It is your responsibility to review these Terms for any changes. By continuing to access or use the Site after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Site. Please visit this page regularly to review these Terms for any changes.
You agree to defend, hold harmless and indemnify BHL, and its subsidiaries, affiliates, officers, directors, shareholders, agents, employees, advertisers, licensors, contractors or suppliers from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Site, (c) your violation of applicable laws, and rules or regulations in connection with the Site, including without limitation any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
We respect the intellectual property rights of others and expect our users to do the same. Materials provided on the Site are protected by the Australian Copyright Act 1968 (Cth).
The Site may include hyperlinks to other web sites, as well as content or resources provided by companies or persons other than BHL (“Third Party Content”). BHL has no control over such Third Party Content.
You acknowledge and agree that BHL is not responsible for the availability of any Third Party Content, and does not endorse any advertising, products or other materials on or made available through such Third Party Content.
You acknowledge and agree that BHL is not liable for any loss or damage which may be incurred by you or other users as a result of your use of or reliance upon Third Party Content, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or made available through, such Third Party Content.
These Terms, together with our Privacy Policy, and the documents you acknowledge and agree to during the Informed Consent Process, constitute the entire agreement between the parties relating to the Site and all related activities. These Terms shall not be modified except in a writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of BHL to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by BHL must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the Australian Capital Territory without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Australian Capital Territory, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Site, please contact us at: info@boosthealthlabs.com.
When submitting a complaint, please provide a brief description of nature of your complaint and the specific services to which your complaint relates.