MyPTSD Legal Policy
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING 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 MyPTSD.com and “You” and “Your” refers to You, the customer, visitor, website user or person using Our website.
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 MyPTSD.com’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to You using Our website that You agree and accept that MyPTSD.com is not legally responsible for any loss or damage You might suffer related to Your use of the website, whether from errors or 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.
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), MyPTSD.com’s 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 13 years of age to use this website and to purchase any goods or services. Consent by parent or legal guardian may be required for those under age 18.
If You register as a user of MyPTSD.com, You create a username and password that is unique to You. Such registration may be subject to specific terms with which You must comply. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under Your username and password.
Your username and passwords must be used solely by You and sharing Your username and password with any other person or making it available to multiple users on a network is strictly prohibited. Failure to maintain the security and confidentiality of Your user name/password may result in account termination, without notice, at any time deemed appropriate by Us.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 30 days, depending on the delivery option and location. Damaged or lost orders should be resolved with Australia Post or the courier company directly and We are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of MyPTSD.com.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should You have any technical problems downloading any of Our goods, please contact Us so We may try to assist You.
RETURNS AND REFUNDS
MyPTSD.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should You wish to return Your goods, please notify Us within 14 days of purchase with a valid reason for return. If We are unable to resolve Your complaint or further assist you, We will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that You made payment. All refunds are made at the discretion of MyPTSD.com.
MyPTSD.com are not responsible for return postage charges.
Refunds are not offered on subscription services once the service has been accessed. In the event You cancel the subscription service, We will not refund any fees already paid by You for the then current term. You are responsible for understanding Your subscription renewal dates; any error You make in purchasing additional subscriptions, whether in dates or duplication of services, will not be refunded.
Gifted payments (Donations) are voluntary on Your part and, once made, are non-refundable.
FEE BASED SERVICES
Certain services and/or products are only available if You purchase them for a fee ("Fee-Based Services"). All Fee Based Services are provided on an "as is" basis. To the maximum extent permissible, We make no other warranties or promises about the Fee Based Services, and any implied warranties are excluded. You agree to pay for Fee-Based Services, using a valid credit card which We accept or other form of accepted payment as determined by Us. Any annual charges for Fee-Based Services ("the Fees") will be set forth on the relevant page of the website. You must also pay all applicable taxes and other charges (such as delivery, processing, and all other charges above and beyond the Fees) incurred on Your account in order to access Fee-Based Services. All Fees are quoted in US Dollars and must be paid in full, including all applicable taxes and other charges, except where discounts are offered as detailed on the website. We reserve the right to change the Fees or applicable charges and to institute new Fees and charges at any time. If You believe We have billed You incorrectly, You must contact Us no later than 14 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries and cancellation requests should be directed via the “Contact Us” link available from the footer of every page.
All Fee Based Services are offered subject to availability.
LINKS TO OTHER WEBSITES
MyPTSD.com 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 necessarily imply sponsorship, endorsement, approval, or arrangement between MyPTSD.com and the owners of those websites. MyPTSD.com takes no responsibility for any of the content found on the linked websites.
MyPTSD.com’s website may contain information, advertisements, and/or advice provided by third parties for which MyPTSD.com accepts no responsibility whatsoever.
To the fullest extent permitted by law, MyPTSD.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. MyPTSD.com 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 MyPTSD.com 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.
You may change Your details at any time by modifying Your profile directly or advising Us in writing via email (contact form). All information We receive from Our customers is protected by Our secure servers. MyPTSD.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data MyPTSD.com collects is secured against unauthorized use or access. Credit card information is not stored by Us on Our servers.
MyPTSD.com does not and will not sell or deal in personal or customer information. We may, however, use in a general sense (without any reference to Your name), Your information to create marketing statistics, identify user demands and to assist Us in meeting customer needs generally. In addition, We may use the information that You provide to improve its website and its services, but not for any other use.
DISCLOSE Your INFORMATION
MyPTSD.com may be required to disclose information in good faith, and where MyPTSD.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of Our customer agreements; or to protect the rights, property or safety of Our customers or third parties, We will 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 MyPTSD.com. MyPTSD.com 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 MyPTSD.com 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. MyPTSD.com reserves the right to exclude and deny any person access to Our website, services or information in Our sole discretion.
EDUCATION AND LIFECOACHING
By using Our services, You agree that MyPTSD.com is not to be held liable for any decisions You make based on any of Our services or guidance and any consequences, as a result, are Your own. Under no circumstances can You hold MyPTSD.com liable for any actions You take nor can You hold Us or any of Our employees / volunteers liable for any loss or costs incurred by You as a result of any guidance, advice, coaching, materials or techniques used or provided by MyPTSD.com.
All Our information on both the website and in consultations is intended to assist You and does not in any way, nor is it intended to, substitute professional, financial or legal advice. Results are not guaranteed and MyPTSD.com takes no responsibility for Your actions, choices or decisions.
MEDICAL, DIETARY AND SUPPLEMENTS
All information contained on this website is for informational purposes only. It should not be used to diagnose, prevent, treat or cure any sickness, disease, health or medical condition and is not meant to substitute for professional advice or treatment. In addition, products themselves including any supplements are not intended to diagnose, prevent, treat or cure any health or medical condition. Any product purchased for whatever reason which is used as a food supplement is done so at the discretion of the customer.
It is not uncommon to be intolerant to certain grains, nuts or food groups. If You have or suspect You may have allergies or medical issues which may be affected by certain foods, or after taking or using products You find You may have or are experiencing side effects, You should promptly contact Your health care provider. Do not exceed the stated dose or use with prescribed medication unless advised by a doctor or medical practitioner. You are using and taking all products at Your own risk. We accept no liability for any result, direct or indirect, of You taking any product and neither MyPTSD.com or its employees / agents may be held responsible for any claim made against them.
You should also consult a physician or medical practitioner before taking any supplement, especially if You are pregnant or nursing.
FITNESS AND EXERCISE
Exercise and health are matters that vary from person to person. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If You engage in exercise or exercise program, You agree that You do so at Your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge MyPTSD.com, commentators, and any associated with the MyPTSD.com website from any and all claims or causes of action, known or unknown.
MyPTSD.com and its contents are made available without warranties or guarantees of any kind and MyPTSD.com, any contributing author(s) of any articles (including any third party contributors), disclaim any and all liability for any type or form of injury, (including personal, direct, indirect or consequential), or damage (of any kind or type), resulting from the use of this website or from any Content or Fee Based Services contained or made accessible therein. This includes personal physical injury from performing any exercise described, or any and all forms of injury and/or damage to person, both animate or inanimate, mental, physical, electronic or any and other form of injury. We also disclaim liability caused by intentional or unintentional negligence.
You should always consult a physician before starting a fitness program or changing Your diet. Not all exercises, nutrition programs or activities are suitable for everyone. The information presented in this website is in no way intended as a substitute for medical, nutritional or psychological counselling.
All information contained on MyPTSD.com, including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. The content is also not intended to be a substitute for professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, consult Your primary care physician, registered dietician or another certified professional.
FORUMS AND CHAT PAGES
By uploading materials to the Forum or submitting any materials to Us, You automatically:
- grant (or warrant that the owner of such rights has expressly granted) Us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, disclose, post, remove and/or distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe;
- warrant that all so-called "moral rights" in those materials have been waived; and
If You object to the publication of any material placed on the website please contact Us by sending an appropriately worded reason via the “Contact Us” and We will take whatever action We deem appropriate.
We accept no responsibility for any statements, material or other submissions placed on Forums by users.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
Materials may be made available via the Web Service by third parties not within Our control. We are under no obligation to, and do not, scan content used in connection with the Web Service for the inclusion of illegal or impermissible content. However, We respect the copyright interests of others. It is Our policy not to permit materials known by Us to infringe another party's copyright to remain on the Web Service. If You believe any materials on the Web Service infringe a copyright, You should provide Us with written notice in compliance with standard DMCA notices, and send to:
C/o Anthony Parsons
PO Box 3048
Burnley North. Vic. 3121.
Email: [email protected]
It is Our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
These terms and conditions represent the whole agreement between You and MyPTSD.com concerning Your use and access to MyPTSD.com’s website and Your use and access to the Contents. 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.
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between You and MyPTSD.com that results in litigation then You must submit to the jurisdiction of the courts in the city of Melbourne, state of Victoria, country of Australia.