END USER LICENCE AGREEMENT FOR ALL DEVICES

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Troy Payne of Queensland, trading as themassagecollege.com (we or our or us) agrees to provide to you a copy of the integrated body work teachings (eLearning) on the following terms and conditions:

 

1. LICENCE

1.1. On your purchase of the Training, we grant to you, and you accept, a non-exclusive, non-sublicensable, non-transferable licence to install and use the Training on one device owned and controlled by you, subject to the provisions of this agreement.

1.2. The Training is intended to operate as a eLearning Training on Apple, Inc.'s (Apple) iOS or Google Inc.'s (Google) AndroidTM platform (or any other platform through which the Training is made available by us from time to time) which is current at the date the Training is purchased.

1.3. This agreement is concluded between you and us only, and we are solely responsible for the Training and content of the Training (subject to the terms of this agreement). Apple, Google or any other relevant platform provider is not party to this agreement and is not in any way responsible for the Training or content of the Training.

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2. WARNING ABOUT USE OF THE TRAINING

2.1. Once installed and watched, the Training will allow you to manipulate soft and deep tissue on the human body. 

2.2. Using the Training and creating elasticity and releases in the body are likely to result in  understandings that are going to give some pains, but also unexpected relief. Because the techniques are entirely based on clinical studies and used by you specifically, we cannot predict the results or your interpretation or intentions using the techniques taught or what they may create for you. For these and other reasons, you should only use the Training and create releases with great care, and in accordance with the guidelines and code of ethics on our website, currently located at www.themassagecollege.com.

2.3. Failure to do so may cause or contribute to negative effects such nausea, vomiting, headaches, nightmares, sleep walking, a feeling of being on edge, temper, isolation, a severing of relationships and/or an inability to stopping thinking about clients and or clients/patients and their potential meanings and implications.

2.4. If you experience any of these or other negative effects, you should immediately stop using the Training and using the techniques and consult a medical professional.

 

3. YOUR OBLIGATIONS

3.1. You must: Have a Cert IV in Remedial Massage or equivalent.

1. be aged 18 or older to purchase and use the Training;

(b) register for, install and use the Training in accordance with any user requirements made available, or advised of, in relation to the Training;

(c) only use the Training on a device that you own and control;

(d) ensure that all activity that occurs with your Training complies with this agreement;

(e) not use any adapted or modified version of the Training or use any other mobile Training or website in any way that may falsely imply any association with the Training or us;

(f) comply with all relevant laws in relation to your use of the Training; and

(g) indemnify us from and against any and all liability, losses, damages, costs and expenses awarded against, incurred or suffered by us arising out of your use of the Training or breach of this agreement.

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4. RESTRICTIONS ON USE

4.1. You must not:

(a) use the Training, or allow the Training to be used, for any illegal or unauthorised purposes or for any purposes for which the Training was not intended by us;

(b) use the Training to distribute any personal treatments that the recipient has not consented to receive either expressly or by inference;

(c) transmit any destructive material such as viruses, through the Training;

(d) translate, decompile, reverse engineer, reverse compile, reverse assemble or in any manner attempt to derive the source code of the Training, or directly or indirectly allow or cause a third party to do so, except to the extent expressly permitted under applicable law;

(e) copy the Training (or any part of the Training) by any means or in any form;

(f) sell, sub-license, rent, lease or otherwise distribute the Training (or any part of the Training) to any other person;

(g) use the Training for any commercial or business endeavour, or in or as part of any goods, services or software that directly or indirectly competes with the Training or any other goods, services or software offered by us; or

(h) attempt to defeat or circumvent any hardware or Training lock or licence key or code provided with, or incorporated within, the Training or otherwise used in the Training that in any way compromises our servers, hardware, software or related services, except as specifically permitted under applicable law.

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5. TERMINATION

5.1. We may, at our discretion, at any time:

(a) terminate or modify the Training;

(b) change the terms and conditions in this agreement; or

(c) terminate this agreement,

by giving you at least 30 days prior written notice.

5.2. You may, at your discretion and at any time, terminate this agreement, by giving us at least 30 days prior written notice.

5.3. Clauses 3.1(f), 4.1, 5.3, 7, 8, and 10.2 -10.4 will survive termination of this agreement.

 

6. SUPPORT

6.1. We offer the following limited support and assistance in relation to the Training:

(a) a problem reporting feature within the Training;

(b) telephone and email access to a technician to assist with problem resolution;

(c) bug fixes and updates to the Training as we make them generally available to licensees of the Training; and

(d) information, FAQs and other support information on our website, available here: http://www.themassagecollege.com .

6.2. We make no commitment that the support or assistance provided under clause 6.1 will be available at all times, that we will respond in any particular timeframe or that we will be able to solve all problems.

6.3. You acknowledge that neither we nor any other party has any obligation whatsoever to furnish any other maintenance and support services with respect to the Training.

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7. INTELLECTUAL PROPERTY RIGHTS AND INFORMATION

7.1. You acknowledge that:

(a) we own all copies of the Training and all copyright, design rights, rights in any inventions, trade mark rights and all other intellectual property rights in and to the Training or any relevant part of it;

(b) we are the registered owners of the trade marks Team Payne Relief and The Massage College

(c) the Training is and contains our valuable, confidential and proprietary information; and

(d) no licence, right to use or other interest in the Training or any Trade Marks is granted to you, except as expressly stated in these terms and conditions.

7.2. All modifications, customisations, enhancements, developments or other improvements in or to the Training made by you and all intellectual property rights in and to those improvements will be owned by us. You must execute all documents and do all things necessary to vest legal ownership of the intellectual property rights in such improvements in us or our nominee.

7.3. In the event of any third party claim that the Training, or possession or use of the Training infringes that third party's intellectual property rights, we will be solely responsible for the investigation, defence, settlement and discharge of any such claim.

7.4. The Training may contain, and provide you access to, content of other parties (Third Party Content). We do not assert any ownership, are not responsible for, and provide no warranty or endorsement in relation to:

(a) any Third Party Content;

(b) any link to any website included in any Third Party Content, or made available by a third party through, the Training; or

(c) any product or services advertised or made available through any Third Party Content or any linked website or content.

Use of any such Third Party Content or linked website is at your own risk.

7.5. When you download and purchase the Training, you submit personally identifiable information, such as your name, address, email address and credit card details (Personal Information). If you do not provide us with such Personal Information you will not be able to use the Training. You consent to us holding, using and disclosing such Personal Information:

(a) to provide you with the Training and the related support services;

(b) to promote the Training and our other goods, services and software;

(c) to ensure the technical functioning of the Trainings and related support services;

(d) to contact you about the Training and related support services;

(e) to arrange your payments, including through third party processors;

(f) to gauge customer satisfaction and providing customer services;

(g) to maintain our records;

(h) to address feedback or complaints and resolving disputes;

(i) to enforce this agreement between you and us or our third party suppliers;

(j) to the extent we are required or permitted to do so by any applicable law, court or regulatory authority; and

(k) for any other use or disclosure you authorise.

7.6. We will never sell your information to direct marketers or anyone else.

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8. WARRANTIES AND LIABILITY

8.1. You may have rights under statutory consumer guarantees provided under Australian law, including the Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and equivalent State and Territory legislation. This Agreement does not limit or exclude your rights under these guarantees or any other statutory rights that we cannot legally exclude or limit (Statutory Guarantees).

8.2. To the extent that we are legally permitted to do so, we exclude any other warranties, guarantees or terms relation to the Training and the related support services, including, without limitation, all warranties, representations and undertakings that:

(a) the Training:

(i) is error free;

(ii) does not infringe the intellectual property rights of a third party;

(iii) will be free from interruption for maintenance, updates or any other reason.

(b) any materials, information or other content included on, or made available through use of the Training (including any extra material):

(i) are accurate or complete; or

(ii) can or should be relied on by you or any other person.

8.3. In respect of goods, the Statutory Guarantees include a guarantee that we can sell you the title to the goods and that the goods are:

(a) of acceptable quality unless we have made you aware of any issues before you purchased the goods;

(b) fit for the purposes that we made known to you or that you made known to us before you purchased the goods;

(c) match any description or sample that we provided to you before you purchased the goods; and

(d) comply with any other warranty that we expressly made in relation to the goods.

8.4. In respect of services, the Statutory Guarantees include a guarantee that the services:

(a) will be provided with due care and skill;

(b) are fit for the purpose or will achieve a desired result that you made known to us before engaging us to provide the services; and

(c) will be provided within the specified time, or, if we have not specified a time, within a reasonable period of time.

8.5. Except as required by applicable law, and subject to clause 8.1, in no event will either you or us be liable to the other (whether in contract, tort including negligence, or otherwise) for any loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature (including any loss of profit, loss of opportunity or loss or corruption of any data or information), arising directly or indirectly out of the Training or this agreement.

 

9. APPLE

9.1. Where you purchase, access and/or download the Training from the Apple App Store:

(a) you must ensure that your purchase, downloading and use of the Training complies with the Usage Rules set out in the App Store Terms of Service;

(b) you are only licensed to use the Training on an iPhone or iPod that you own or control;

(c) you acknowledge Apple is not a party to this agreement and is not in any way responsible for the Training or content of the Training;

(d) you acknowledge that Apple has no responsibility to provide any support, maintenance or update in relation to the Training;

(e) we, not Apple, are responsible for addressing any claims you have relating to the Training or your use or possession of the Training including, but not limited to:

(i) product liability claims;

(ii) any claim that the Training fails to conform to any warranties or other applicable legal or regulatory requirement; and

(iii) claims arising under any consumer protection or similar legislation;

(f) to the extent any warranty is implied by law or otherwise applies in relation to the Training, in the event of that the Training fails to conform with that warranty, you may notify Apple and Apple may refund the purchase price for the Training to you and, to the maximum extent permitted by law, Apple will have no other warranty obligations whatsoever with respect to the Training and all other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform with any warranty will be our responsibility, subject to this agreement;

(g) in the event of any third party claim that the Training, or possession or use of the Training infringes that third party's intellectual property rights Apple will have no responsibility for the investigation, defence, settlement and discharge of any such claim; and

(h) you acknowledge that, to the extent allowed by law, Apple and Apple's subsidiaries are third party beneficiaries to this agreement and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.

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10. GENERAL

10.1. You may not assign, sub-license or transfer this agreement, or its rights and obligations under it, to any other person without our prior written consent.

10.2. If any part of this agreement is held to be invalid, unenforceable or illegal for any reason, this agreement will be deemed to be amended by the addition or deletion of wording necessary to remove the invalid, unenforceable or illegal part, but otherwise to retain the provisions of this agreement to the maximum extent permissible under applicable law.

10.3. No failure or delay by us to exercise any right or remedy under this agreement will be construed or operate as a waiver of such right or remedy. No single or partial exercise by us of any right or remedy will preclude the further exercise of such right or remedy.

10.4. The laws of New South Wales in Australia govern the formation, validity, construction and performance of this agreement. This agreement is subject to the non-exclusive jurisdiction of the courts of New South Wales in Australia, to which you and we submit.

10.5. You represent and warrant that you:

(a) are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a 'terrorist supporting' country; and

(b) are not listed on any U.S. Government list of prohibited or restricted persons.

10.6. Any questions, complaints or claims regarding the Training can be directed to us at by email to info@themassagecollege.com.