Terms of Use
This page sets out the Terms of Use that concern your use of the Paintrainer website and the content in it.
By using this website, you are agreeing to comply with these Terms of Use and the Privacy Policy for the Paintrainer website. You must not use the Paintrainer website if you do not agree to these Terms of Use and the Privacy Policy.
When these terms use ‘I’, ‘we’, ‘us’, ‘our’ or ‘Paintrainer’ it means The Centre for Health, Exercise, and Sports Medicine at The University of Melbourne.
We may change these Terms of Use whenever we choose without notice to you. The changes shall be effective immediately upon posting to the Paintrainer website unless otherwise stated on the website. You agree to review these Terms of Use periodically to make sure that you are aware of any changes. By continuing to use this website you accept the Terms of Use as they apply from time to time.
We reserve the right to modify or discontinue all or any part of Paintrainer, either temporarily or permanently.
We will try to keep the content on this website up-to-date but there may be delays, errors or omissions that could affect its currency or accuracy. We may change the content on this website at any time without notice.
Website does not provide medical advice
The content on the Paintrainer website is not intended to replace personal consultation, diagnosis and treatment with a qualified health care professional..
You should always obtain professional or medical advice, appropriate to your own circumstances, with any questions you may have regarding a health or medical condition. Never disregard, avoid or delay obtaining advice from your doctor or other qualified health provider due to something you read on the website.
If you think you may have a medical emergency, call your doctor immediately or seek emergency help.
Privacy
For information on Paintrainer’s collection, use and disclosure of information, refer to the Privacy Policy for the Paintrainer website.
Intellectual property rights
Unless otherwise indicated, Paintrainer owns the copyright and other intellectual property rights in the content of this website or has the right to use it in this context. You must not use the Paintrainer trademark without the prior written consent of Paintrainer.
You can browse or print the content for non-commercial or personal uses but if you propose to use it for any other purpose you will need our prior written permission.
Liability
Your use of this website, and your reliance on its content, is entirely at your own risk. While every effort is taken to ensure the information is accurate, Paintrainer makes no representations and gives no warranties that this information is correct, current, complete, reliable or suitable for any purpose. The website and its content are provided entirely “as is”.
To the fullest extent permitted by law:
- all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on Paintrainer in relation to the Paintrainer website or its content are expressly excluded under these Terms of Use.
- Paintrainer has no liability to you or anyone else (including in negligence) for any type of loss, however incurred, in connection with your use of the Paintrainer website or its content, including (without limitation) loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any direct, indirect, economic, special or consequential loss, harm, damage, cost or expense (including legal fees).
- Paintrainer disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.
- As the internet is inherently insecure and information will be transmitted over a medium that may be beyond Paintrainer’s control and jurisdiction Paintrainer assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the website.
In the event that Paintrainer is found liable to you on any basis, our liability to you is limited to AUD100.
Indemnity
You agree to defend, indemnify and hold harmless Paintrainer and its affiliates, licensors and suppliers, and their directors, officers, members, owners, employees, agents and contractors from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
Viruses
You must not knowingly introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to the Paintrainer website.
Paintrainer will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Paintrainer website, to your downloading of any material posted on them, or on any website linked to them.
Links to other websites
Where a link to a third party website appears on the Paintrainer website:
- the links are provided for convenience only and may not be maintained or current;
- we do not endorse, recommend or support the linked website or any information, opinions, or goods and services made available on it;
- these terms will not apply to the linked website and you should review the terms applicable to the linked website before using it;
- we are not liable to you or anyone else if interference with or damage to your computer systems occurs or if you suffer any loss, cost or expense in connection with your use of this website or a linked website;
- we have no control over the information, content or activities of the linked website and your access to and use of the linked website is at your own risk; and
- we make no representations or warranties as to, and we are not responsible for, the accuracy or any other aspect of the information on the linked website.
Responsibility for Login Access
You agree not to share your Login Access with others or otherwise disclose your Login Access to unauthorised third parties for any purpose whatsoever. If you knowingly share your Login Access with another person who is not authorised to use the Paintrainer website, your access to the Paintrainer website may be suspended or terminated, but we have no obligation to determine if this has occurred or to take further action if it has. You agree to immediately notify us of any unauthorised use of your Login Access or any other breach of security that you are aware of.
Access to the Website
You may not circumvent or bypass any technological protection measures in or relating to the Paintrainer website or disassemble, decompile or reverse engineer any software or other aspect of the website, except and only to the extent that the applicable copyright law expressly permits you to do so. You may not use the website for any unauthorised way that could interfere with anyone else’s use of the website or gain access to any service, data, account or network. You may not enable access to the website by unauthorised third party applications.
You may not:
- resell, sublicense, transfer, assign or distribute any material relating to;
- modify or make derivative works based on; or
- ‘frame’ or ‘mirror’,
the Paintrainer website on any other server or internet enabled device.
Consequences of Breach of Terms of Use
If you do not comply with these Terms of Use we may:
- immediately suspend or terminate all or any part of your access to the Paintrainer website; or
- temporarily or permanently remove your data relating to the Paintrainer website.
Applicable law
These Terms of Use, and your use of our website, are governed by the laws of the Victoria, Australia. You agree to irrevocably submit to the exclusive jurisdiction of the courts of the Victoria, Australia.
You must comply with all laws applicable to your access and use of the Paintrainer website. If you access the Paintrainer from outside Australia you must comply with all laws in that country which apply to that access and use.
Complete Agreement
These Terms and Conditions are the entire agreement between you and Paintrainer with respect to the use of the Paintrainer website and privacy of your information and they supersede and take precedence over any prior agreements, understandings or representations not incorporated into these Terms of Use.
Collection Statement
Consent
If you choose to use Paintrainer, you acknowledge, accept and consent to the University collecting and storing your personal information provided by you (including your email, gender, age, country of residence and, if in Australia, post code). The consequences not providing this personal information is that you will not be able to use Paintrainer.
Purpose of collection
The primary purpose of collecting your personal information is to verify your identity, and to facilitate your usage of Paintrainer, to further academic research in pain management, and evaluate the effectiveness of pain management techniques forming part of Paintrainer. Your information may also be used by the University for analysis, quality assurance and planning purposes.
Who is collecting
Personal information is being collected by The Centre for Health, Exercise, and Sports Medicine at the University of Melbourne. You may withdraw your consent or request access to, or correction of, information we hold about you at any time by contacting us at paintrainer-techsupport@unimelb.edu.au.
Disclosure
The information you provide will be used by authorised University staff and contracted service providers for the purpose for which it was collected.
Applicable laws
The University is committed to protecting your privacy and processing your personal information fairly and lawfully in compliance with the Privacy Laws and the GDPR, if applicable.
The collection of personal information by the University of Melbourne (University) is governed by the Privacy and Data Protection Act 2014 (Vic) and Health Records Act 2000 (Vic) (together, Privacy Laws).
The University is also considered to be a data controller for the purposes of the EU General Data Protection Regulation 2016/679 (GDPR) in relation to the collection of personal information from individuals located in the European Union (EU), while conducting certain activities. Under the GDPR, you may request access to, or correction of, information we hold about you, or exercise rights of access, rectification and erasure at any time.
Protection
The University will take all reasonable steps to ensure that the personal information it holds is accurate and complete and that it is protected from misuse, loss, unauthorised access or disclosure.
Storage
Your personal information will not be transferred outside Australia unless to an entity operating under equivalent privacy obligations. We will not disclose your personal information to anybody else unless you have given consent, or we are authorised or required to do so by law.
Retention period
We will retain your personal information only for as long as required for the purpose it was collected and in accordance with our legislative obligations. This information is then securely destroyed in accordance with the University’s retention and disposal authority.
Further info or complaints
Please refer to our Privacy Policy and our Privacy webpage for information about how we handle personal information, how to contact us about privacy, how to lodge a complaint and for the contact details of the University’s Privacy and Data Protection Officer.
Consent statement
The University of Melbourne is committed to protecting your privacy by fully meeting its responsibilities under applicable privacy laws. For further details see our collection notice. By submitting any personal information in this form, I consent to it being collected and handled by the University of Melbourne.
I have read and agree to the privacy collection notice (required).
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