Practitioner Free trial subscription Agreement. Terms and conditions.
This practitioner Free-Trial Agreement (this “Agreement”) contains terms and conditions that govern your participation in the practitioner Free-Trial (as defined below), and is a contract between Pronat Group Australia Pty Ltd, and you.
If you are an individual partaking in the fisiocrem Free-Trial offer for your own purposes: (1) all references to “Customer” are to you and (2) you represent and warrant that you are at least 18 years of age, and that you have the right, power and authority to enter into this Agreement.
This Agreement becomes binding and effective when the customer: (1) submits the practitioner Free-Trial form, (2) when you click an “I Accept,” “Sign up,” ‘’I Agree,’’ ‘’I Consent’’ or similar button or check box referencing this Agreement, or (3) when you enter into a Free-Trial Order (as defined below) with Pronat Group Australia Pty Ltd.
1.0. Online website terms
By agreeing to these terms of service, you agree that you are at least 18 years of age and a practicing practitioner within Australia. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
2.0. General conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content may be transferred unencrypted and involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service or access to the service or any contact on the website through which the service is provide, without express written permission by us.
3.0. Eligibility
3.1. The prerequisite to participate in the fisiocrem practitioner free trial are that you hold a qualification in one of the health sciences with emphasis on manual therapy and orthopaedic and manual musculoskeletal medicine. The following are the only suitable professions:
• Physiotherapy
• Physical therapy
• Chiropractic
• Osteopathy
• Sports physician
• Medicine
• Podiatrists
• Hand Therapists
3.2. Be at least 18 years of age.
3.3. Provide us with all details requested within the online practitioner free trial form.
3.4. Accept both the Privacy Policy and Terms of Service
3.5. Have not previously registered or participated within our practitioner free trial. This free trial promotion is subject to one free trial per practitioner.
4.0. Delivery
4.1. You must live in Australia
4.2. Please take care when specifying your delivery address as we will not re-send your free trial product if you enter an address incorrectly.
5.0. How the contract is formed between you and us.
After completing the free trial form on the fisiocrem website, you will receive an email from us acknowledging that we have received your free trial request. Please note that this does not mean that your free trial has been accepted.
If your free trial request form and details meet our practitioner free trial eligibility requirements, you will receive an email confirmation that your free trial has been approved and your product is on its way. Each free trial we accept results in a separate binding agreement between you and us for the supply of those products. For each free trial accepted by us, we will supply the products to you in accordance with these terms and conditions.
6.0. Acceptance or rejection of a free trial
We reserve the right to accept or reject a free trial request for any reason, including if the requested free trial product is not available or if there is an error in the product description posted on the site or in the free trial form.
If we reject a free trial, we will endeavor to notify you of that rejection at the time you submit the free trial form or within 7 days after you submit the form.
You are not permitted to partake in the fisiocrem free trial for resale to a third party or for trade purposes.
7.0. Consent to communication
By submitting the practitioner free trial form, you expressly agree and consent that we, or our authorized service providers, can use that information to contact you. This means you also consent to receiving telephone calls an electronic communication from Pronat Group Australia Pty Ltd in relation to your free trial and Fisiocrem product.
8.0. Disclaimer of warranties; limitation of liability.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Pronat Group Australia Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
9.0. Indemnification
You agree to indemnify, defend and hold harmless Pronat Group Australia Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
10. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
11. Force Majeure
Pronat group Australia Pty Ltd shall not be liable or responsible to the customer, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this agreement, when and to the extent such failure or delay is caused by acts God; flood, fire or explosion; war, terrorism, invasion, riot or other civil unrest; embargoes or blockades in effect on or after the date of this Agreement; or national or regional emergency.
12. Governing Law
These terms of service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Australia.
13. Changes to this Agreement.
Pronat Group Australia Pty Ltd reserves the right to make amendments to this agreement at any time. If you have objections to the Terms of the agreement, you should not submit the online practitioner free trial form. Modifications of this agreement will be posted within the form terms and conditions https://www.fisiocrem.com.au/practitioner-free-trial/. Modifications will become effective as of the first day of the calendar month following the month in which they were first posted. For the avoidance of doubt, any Free-trial order is subject to the version of the agreement in effect at the time of the free-trial order.
If you have any questions about these terms of, use you may contact us at:
Pronat Group Australia Pty Ltd
16/8 Production Avenue, Molendinar QLD 4214, Australia
Phone: 1800 434 746
You may also email us at:
[email protected]
