Terms & Conditions

Terms and Conditions

These Terms and Conditions apply to websites (including https://www.watsonheadache.com) ("Digital Applications") operated by the Watson Headache® Institute Pty Ltd A.B.N. 38 103 196 792 (“Watson Headache Institute”).

Please read these Terms and Conditions carefully before accessing or using the Digital Applications.

Incorporated into these Terms and Conditions by reference are the Watson Headache Institute's following public legal documents - Intellectual Property Notice, Conditions of Use, Marketing Permission Given to Course Attendees, Permission Agreement to Use the Name and Charter for Use of Content.

1. DEFINITIONS

1.1 “You” and “your” refer to each individual and customer of the Digital Applications or Service, including Registered Users; and “we”, “us” and “our” refer to Watson Headache Institute. References to users must be read as being also a reference to Registered Users.

1.2 “Service” means any:

(a) any facility on the Digital Applications for trading, streaming or subscription,

(b) Digital Applications Content including any webinars, courses, programs, events (offline or online), publications (in print or online), offerings, courseware (in print or online), face-to-face course presentation and practitioner directory, and any upload, download, streaming or viewing service for Registered Users, and

(c) other services, such as sale and supply of merchandise and other physical products,

in all cases for use in accordance with these Terms and Conditions. In the case of Registered Users, references to the Digital Applications include a reference to the Service.

1.3 “Registered User” means anyone who has signed up for the Service and has obtained a user ID to log into the Service. Registered Users may set a profile by giving us certain additional information, which we may refer to as your “account”.

1.4 “Content" means:

(a) (Digital Files and Products) digital files and products provided on the Digital Applications (whether text; information; social posts; animations; photographs; graphics; illustrations; designs; images; data; sound files; video in any format eg programs, episodes or vlogs; or any content comparable to the foregoing);

(b) (Messages) messages and communications recorded by or in the Digital Applications including comments, enquiries, ratings, live streaming chat, and forum posts;

(c) (Metadata) metadata associated with any of such digital files and products and such messages on the Digital Applications, including information about them, comments, ratings, crew information, credits, hashtags, tags, customer profiling data, product descriptions, editorial content data, and intellectual property notices;

(d) (Proprietary Information) other proprietary information, materials and products on the Digital Applications, and all copyright-protected or otherwise legally protectable elements and functions of the Digital Applications or the Service including the selection, sequence, look and feel, layout and arrangement of items on the Digital Applications; and

(e) (Social Platform Publishing) posts and publications provided on social platform by Watson Headache Institute.

2. LEGALLY BINDING Contract

2.1 The terms and conditions in force at any time are published on or referenced in the Digital Applications and you will be taken to have accepted them by accessing or using the Digital Applications. This is the case whether or not you become a Registered User and regardless of a Registered User’s class, level or status (eg whether as a supplier of Content or a user).

2.2 These Terms and Conditions constitute a binding legal contract between you and Watson Headache Institute. You will be legally bound when you agree to accept the Service, click an "I agree," "I consent," or other similarly worded "button", check box or data entry field on the Digital Applications with your mouse, finger, keystroke, or other data entry mechanism. Those actions are a legal equivalent of your handwritten signature.

2.3 If Watson Headache Institute develops revised terms and conditions, then on their publication on or referencing in the Digital Applications they will supersede those they replace. If you subsequently access or use the Digital Applications or the Service you will be taken to have accepted the revised terms and conditions. If you do not agree with any change or revision of applicable terms and conditions at any time, do not access, use, upload, submit information to or download from the Digital Applications or use the Service.

2.4 As regards the Content and the Digital Applications these Terms and Conditions, constitute the entire agreement of the parties, together with the other written items listed at the start of these Terms and Conditions as being "incorporated by reference" and additional provisions noted in this clause. Specific Digital Applications or Service functions, facilities, features, sections, areas, communities, discussion groups, modules, services, sections, menus, offerings and incentives may have notices, disclaimers, or legal provisions additional to these Terms and Conditions. Those additional provisions must be read with these Terms and Conditions. If there is an inconsistency between such documents "incorporated by reference" or additional provisions in either case with these Terms and Conditions then the provisions of these Terms and Conditions will prevail to the extent of such inconsistency and the parties must take all necessary steps to remove that inconsistency.

3. OBLIGATIONS, PROHIBITIONS AND WARRANTIES

3.1 Registration and Use

(a) (Registration Required) Only Registered Users are permitted to use the Service.

(b) (One Account) A Registered User is permitted to have only one account.

(c) (User ID) A Registered User will have a unique user ID that comprises the email address and confidential password the user provides to become or remain a Registered User (or we may assign an initial password which the Registered User may change later). We may provide a Registered User with additional codes or passwords necessary to access and use specific functions, facilities and features of the Service or the Digital Applications.

(d) (Personal Information) Registered Users may be required to submit personal information such as first and last name, email address, date of birth, postal address, postcode and additional information for territory and digital media rights management, security or identity verification purposes. We may also ask Registered Users to provide us with optional information about themselves, which will enable us to personalise and customise the Service. We will indicate what information is required and what information is optional. You give permission for your personal information to be used in Watson Headache Institute's databases, directories, listings and Digital Applications to communicate with you, promote you, indicate your affiliation with Watson Headache Institute, complete transactions and keep you up to date with Watson Headache Institute Content. Additional information as to how Watson Headache Institute deals with your personal data and protects your privacy is outlined in our Privacy Policy.

(e) (No Intellectual Property Breach) Do not upload files, photos or software or post messages to the Digital Applications that contain material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own the rights to them, have the legal right, title and interest to do so, and have all necessary intellectual property releases, or control the rights under all necessary authority, licenses, permissions, consents and approvals. However, you may make links (ie hypertext links).

3.2 Registered User’s Obligations

(a) (Registered User Data Accuracy) Registered Users must ensure that any Content they upload is accurate. Each Registered User warrants that the Registered User’s details provided to the Service or Watson Headache Institute are true and accurate, including personal names, affiliations, and email address.

(b) (Registered User Data Security) Each Registered User:

(i) is responsible for the security and use of its username and password and must take all reasonable steps to ensure they are kept confidential and secure;

(ii) must not allow any third party or unauthorised person to access the Digital Applications using that username or password; and

(iii) must immediately notify Watson Headache Institute of any unauthorised use of a username or password or any other breach of security.

(c) (Liability Disclaimer) Watson Headache Institute is not liable for any loss or damage arising from a Registered User’s failure to comply with obligations in these Terms and Conditions.

3.3 Registered User’s Warranties

Each Registered User warrants and represents that: the Registered User has full power and authority to enter into these Terms and Conditions and perform the Registered User’s obligations under these Terms and Conditions; the Registered User is the sole unencumbered owner of copyright in any work the Registered User may upload into any of the Digital Applications; such work does not infringe any rights of any third party including rights of copyright, trade marks or confidential information nor does it contain any matter which is unlawful and/or defamatory; and the Registered User has all necessary licences, consents and permissions for such work. The Registered User indemnifies us against all expenses, damages, costs and losses whatsoever (including legal costs and expenses) occasioned to us, our licensees and/or assignees in consequence of any breach by the Registered User of these warranties.

4. LICENCE, PERMITTED USE AND PROHIBITIONS

4.1 Your use of the Digital Applications must not breach these Terms and Conditions.

4.2 You may not:

(a) for commercial or unlawful purposes solicit personal information from anyone under 18 or solicit passwords or personally identifying information;

(b) harvest or collect user information or email addresses from the Digital Applications for commercial or unlawful use or unsolicited communications;

(c) impersonate any person or entity, or falsely state or otherwise in any way misrepresent yourself, your age, or your affiliation with any person, organisation or entity; or

(d) use automated scripts to collect information from or otherwise interact with the Digital Applications or its users.

4.3 You must act in good faith and state your views or opinions in good faith. Your stated personal views or opinions must be personal views or opinions you in fact hold. Strictly prohibited are statements for or on behalf of clients or third parties by lobbyists, public relations consultants, advocates or any of their respective employees, contractors, agents or representatives. Also strictly prohibited is any activity involving any form of payment in cash or in kind for any comment you make on the Digital Applications.

5. INTELLECTUAL PROPERTY

5.1 The Content and any alerts, newsletters, broadcast emails or other materials associated with the Digital Applications are the property of their respective owners, unless noted otherwise.

5.2 The Content and Digital Applications are protected by law including copyright in any layout, text, images, photographs, illustrations, animations, audio clips, video clips, programming and HTML code. No part of the Content or Digital Applications may be used, copied, modified, changed, distributed, republished or transmitted, except as expressly permitted in these Terms and Conditions or elsewhere expressly permitted or licensed in writing by Watson Headache Institute. All other rights not specifically and expressly granted are reserved by Watson Headache Institute or their respective owners. No licence or permission is given in these Terms and Conditions for you to copy, duplicate or use the Content provided by Watson Headache Institute or third party owners.

5.3 All names, logos and signs on the Digital Applications are the trade marks of their respective owners. The following are among the trade marks controlled by Watson Headache Institute: WATSON HEADACHE,® the Watson Headache head device, WATSON HEADACHE APPROACH,™️ Watson Headache®Clinic, Dr Dean Watson PhD™️ and @WatsonHeadache.

6. LICENCE, PROHIBITED USE AND CONSENT

6.1 By providing, posting or uploading Content to the Digital Applications you automatically grant to Watson Headache Institute, its licensees and assigns an irrevocable, perpetual, non-exclusive, free of charge licence throughout the world for the purposes of using, publishing and displaying that Content.

6.2 Watson Headache Institute accepts no liability for your Content. Watson Headache Institute will treat it as the opinion, responsibility and legal liability of the Registered User even if any Content is in fact prepared by, belonging to or the responsibility of a third party.

6.3 You irrevocably consent to all Watson Headache Institute’s acts or omissions (including as an author, editor, producer, developer, programmer, and publisher), and those of Watson Headache Institute’s assigns, licensees and successors, as they may affect any moral rights you may have in Content. Specifically you consent to Watson Headache Institute, or others authorised by Watson Headache Institute, and Watson Headache Institute’s assigns, licensees and successors carrying out any change, variation, modification, re-arrangement, mixing, translation, reformat, adaptation, deep fake adaptation, re-purposing, re-design, addition, deletion, editing or re-programming of that Content and combination of it with other material and in any way with respect to the right of attribution, right not to have the Content falsely attributed, and the right of integrity.

6.4 It is a condition of your access to the Digital Applications, that you must not post any Content that in Watson Headache Institute’s opinion is:

(a) in any way unprofessional, unlawful, threatening, intimidating, harassing, stalking, inflammatory, fraudulent, abusive, indecent or obscene, or would inhibit use and enjoyment of the Digital Applications by others;

(b) involving you in contacting anyone who has asked not to be contacted;

(c) defamatory or derogatory of other persons;

(d) infringing the rights of third parties, including breach of privacy obligations, intellectual property rights of others, or their moral rights (as defined in or related to applicable copyright law);

(e) untrue, misleading or deceptive;

(f) discriminatory, offensive or capable of inciting violence or hatred;

(g) in breach of any legal code, statute, laws or regulations;

(h) commercial advertising;

(i) using offensive language;

(j) using a misleading email address or otherwise manipulating identifiers which disguise the origin of information communicated or transmitted through the Digital Applications;

(k) an intentional post in an irrelevant category or thread or involving an off the topic comment; a repeated post with the same or similar information (unless it is a recurring activity); or an otherwise unreasonable load on the Digital Applications;

(l) an attempt to gain unauthorised access to Watson Headache Institute’s computer systems;

(m) an activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Digital Applications; or

(n) a file or code containing a virus, trojan, worm or other malware.

6.5 You acknowledge feedback, ratings and comments may arise in the Digital Applications, including by third parties, that may be defamatory or otherwise in breach of your legal rights. Watson Headache Institute accepts no liability for any claim, demand, action, loss, damage, cost, charge, fine or expense that may arise from such feedback, ratings or comments. You release forever and indemnify Watson Headache Institute from any liability for any feedback, ratings or comments by you or other users on the Digital Applications.

6.6 As regards your personal information, information relating to your IP address, or other data submitted or posted by you, Watson Headache Institute may in certain cases be legally obligated to disclose such data to law enforcement agencies, intellectual property owners and others. Watson Headache Institute may disclose such data as legally required or at its discretion following review by us.

7. COMMUNICATIONS WITH REGISTERED USERS

If you register as a Registered User of the Digital Applications, you agree that Watson Headache Institute may from time to time send communication to you, such as alerts and newsletters, regarding your interests, or confirmations regarding your use of the Digital Applications or Service.

8. FACILITIES

8.1 Content Purchases

(a) You may purchase Content from Watson Headache Institute. Content is subject to certain subscription, licensing and use rights restrictions set out in the Digital Applications and in these Terms and Conditions.

(b) Select carefully, we do not offer refunds on Content purchases.

(c) You must enter your selected credit card details directly into the credit card or other payment facility section used by the Digital Applications. You must ensure that you have sufficient available credit on that credit card or other payment facility to allow any charges to be processed. You agree that if payment of charges by credit card or other payment facility are not received by us or if the payment is subsequently dishonoured or charged back to us, you are personally liable to us for the amount you owe us and any resulting charges or costs which we may incur.

8.2 Prices

All prices on the Digital Applications or for the Service are in Australian dollars (unless noted otherwise) and are inclusive of taxes as applicable. It is acknowledged that tax laws may change from time to time and also differ between jurisdictions. Watson Headache Institute at its discretion will charge all tax in accordance with local and international legal regulations and requirements. The total cost of your order is the price of the Content, any applicable sales or value added taxes, and any delivery, packaging, service or credit card charges. Prices for Content may change at any time. We will charge you the price that is displayed on the Digital Applications or communicated by us at the time you buy or license Content.

8.3 Content Use Limitations and Prohibitions

(a) You are not permitted to transfer or assign to any other person the Content you license from the Digital Applications.

(b) You must not alter, delete, or conceal any copyright or other intellectual property or other notices on Content.

(c) Digital rights management, intellectual property and security technology protection may be provided with or in the Content and you must not directly or indirectly circumvent, reverse engineer, decrypt, or otherwise alter, change, modify, restrict or interfere with such protection or any of the means by which we monitor and administer the protection.

(d) We will use reasonable endeavours to supply the Service to you. However, despite our efforts, the Service may not be continuous, accessible or available at all times, or fault free, and we may at any time change or discontinue the Service. Also, events beyond our control might affect the Service, and you agree that we are not responsible for any effects of those events.

(e) We are not responsible for any Content lost, damaged or deleted. We are not obliged to maintain a record of the Content you upload or download.

(f) If we no longer have the right to provide the Service or make any Content available, for any reason and at any time, you will no longer be able to obtain or use the Service or the Content from Watson Headache Institute.

8.4 Changes

Despite anything to the contrary in these Terms and Conditions or in the Digital Applications, Watson Headache Institute may change or discontinue any Digital Applications or Service function, facility, feature, section, area, community, discussion group, module, service, section, menu, offering, incentive, password, or user.

9. TAXATION

9.1 Watson Headache Institute may issue tax invoices to Registered Users but has no responsibility for determining the necessity of or for issuing any invoice, or for determining, remitting, or withholding any tax or impost of any kind (including withholding tax, stamp duty, goods and services tax and any other type of value added tax) in connection with any use of the Digital Applications.

9.2 Where goods and services taxation or other applicable taxes apply, Watson Headache Institute may deduct the applicable taxes it incurs from each user's payment and Watson Headache Institute may issue the user with a tax invoice.

9.3 Each Registered User is solely responsible for determining its own obligations and compliance responsibilities (or that of any related entity) under applicable law. You and any related entity hereby jointly and separately indemnify Watson Headache Institute with respect to all such obligations and responsibilities.

10. THIRD PARTY PRODUCTS AND SERVICES

No endorsement, recommendation or approval of any third party or its Content, products, services, or websites is intended by any content, links or third party advertisements (including any banner ads containing embedded hyperlinks) on or to the Digital Applications or the Service. Links are provided only as a convenience. Some third party advertisements contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Watson Headache Institute, and we are not responsible to you for any transactions you have with any third party.

11. LINKS POLICY

You are welcome and encouraged to create links to the Digital Applications. If you are using frames, when they are activated you must ensure they do not continue to display your frames, or frames of others, around the Digital Applications pages.

12. INDEMNITY

You indemnify Watson Headache Institute from and against all demands, claims, actions, proceedings, settlements, liability, expenses, fines, damages, costs or losses (including but not limited to reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to your activities on or use of the Digital Applications, any breach by you of these Terms and Conditions, or any demand or complaint made by another user against you for any comment, submission, post or material made or added by you or authorised by you for the Digital Applications.

13. DISCLAIMERS AND LIABILITY

13.1 Legislation confers rights and remedies in relation to the provision of goods and services which cannot be excluded, restricted or modified. Despite anything to the contrary in these Terms and Conditions, the disclaimers and limitations specified in these Terms and Conditions only apply to the maximum extent permitted by such legislation and do not exclude, limit or modify remedies under such legislation.

13.2 The Digital Applications and Content are provided for informational purposes only and are not intended as professional advice, or as a substitute for medical or other professional advice. You should not act on the basis of anything contained on the Digital Applications or in the Content without first obtaining any necessary or prudent professional advice. You acknowledge that you will not rely on any advice or representations by Watson Headache Institute or on its behalf in connection with the Digital Applications, the Content or the Service. In using them you agree that the disclaimers, exclusions and limitations set out in these Terms and Conditions are reasonable.

13.3 All care and diligence is taken to ensure the accuracy and currency of information. However, your use of the Content and the Digital Applications is at your risk. The Content and the Digital Applications are provided “as is” and you accept and use them at your own risk. Watson Headache Institute does not warrant that the Digital Applications, Content or Service complies with the laws of any jurisdiction other than the jurisdiction specified for these Terms and Conditions. You have received no promise, guarantee, representation, warranty or undertaking regarding the profitability of or any other consequence or benefit to be obtained from use of the Content or the Digital Applications, except as expressly specified in these Terms and Conditions.

13.4 To the full extent it is lawful or possible to do so and except as may be expressly specified in these Terms and Conditions, all conditions, warranties, representations and liability, whether express or implied, are disclaimed and excluded as to the Content and the Digital Applications and their description, quality, performance or fitness for purpose. In particular, due to the need for maintenance and other reasons, we do not warrant that the operation or performance of the Digital Applications will be uninterrupted, current, complete or free from errors or omissions.

13.5 Watson Headache Institute, its affiliates, related bodies corporate, directors, officers, agents, employees, contractors, editors, moderators, consultants, and authors with content on the Digital Applications, and the internet service provider hosting the Digital Applications make no representation and accept no responsibility or liability for:

(a) error, omission, service interruption, unreliability, lack of timeliness, inaccuracy, misleading information or anything done or not;

(b) loss of data, theft, delays, non-deliveries, mis-deliveries, or service interruptions caused by their negligence, errors or omissions;

(c) demands, claims, actions, proceedings, settlements, liability, expenses, damages, costs or losses of any type which may be incurred (either actual or contingent) in the event of any loss, damage, destruction of tangible or intangible property (including equipment, computer programs and data or any loss of use of any of them), death, bodily injury, disability, sickness, disease, mental incapacity, insanity, accident or event whether relating to you or third parties, wilful, unlawful or negligent act or omission or breach of the law, violation of any statute, regulation, by-law or ordinance; or

(d) special, incidental, indirect, consequential, exemplary, or punitive damages of any type (including damages for loss of profits, business interruption, or loss of reputation, data or computer programs);

whether based on contract, equity, statutory law, tort, criminal law, property, bailment, trust, unjust enrichment, professional malpractice or any other legal theory, arising out of the delivery, installation, training, consumption, use, performance or support of the Content or the Digital Applications or if you use, upload, download, or act in reliance on any representation, information or data contained, linked or distributed through the Content or the Digital Applications.

13.6 The disclaimers limitations of liability, exclusions of liability, and recommendations in the preceding paragraphs apply to all Content on the Digital Applications and any alerts, newsletters, broadcast emails or other materials associated with the Digital Applications.

14. TERMINATION 

Without limitation to other provisions in these Terms and Conditions, Watson Headache Institute may at its discretion refuse to provide the Service, refuse to provide your IP address with access to the Digital Applications, or may suspend or terminate any access or account you may seek or have for the Digital Applications. Watson Headache Institute may do so, for example but without limitation, if it believes you will breach or have breached these Terms and Conditions or have submitted false, inaccurate, untrue, unauthorised or incomplete information or Content; if a request is made by law enforcement or other government or regulatory authorities; or due to technical difficulties. This includes any access right you may have as a Registered User. Further, these Terms and Conditions are revocable at any time without notice and with or without cause.

15. CONSTRUCTION 

In these Terms and Conditions, unless the context otherwise requires:

(a) a reference to any legislation, regulation, proclamation, ordinance, by-law, industrial award or other statutory instrument or rules includes a reference to all legislation, regulations, proclamations, ordinances, by-laws, industrial award and statutory instruments or rules amending, consolidating or replacing it or made or issued under it;

(b) a reference to these Terms and Conditions is a reference to these Terms and Conditions as may be varied, supplemented, novated, or replaced from time to time;

(c) words in the singular number include the plural and vice versa;

(d) headings, underlines, indexes and lists of contents are for convenience only and have no effect on interpretation;

(e) "including" and like terms mean "including but not limited to";

(f) a failure to comply, observe or perform an obligation constitutes a breach of an obligation; and

(g) no rules of construction apply to the disadvantage of one party on the basis that it offered or drafted these Terms and Conditions or part of it.

16. PRIVACY POLICY

By using the Digital Applications, you acknowledge that you have read our privacy policy statement and consent to it.

17. GENERAL

17.1 Relationship of Parties

Nothing in these Terms and Conditions is to be taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any of the parties.

17.2 Limitation

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Digital Applications will be barred if it is not filed within one (1) year of the cause of action arising.

17.3 Variation

These Terms and Conditions or any part of them may be varied, modified, amended, added to or substituted only by a document in writing executed by the parties.

17.4 Waiver

No provision of these Terms and Conditions is to be taken to be waived except by express written consent executed by the party which is claimed to have waived the relevant provision.

17.5 Severability

If a provision, or part of it, of these Terms and Conditions is held invalid, unenforceable or illegal by a judicial authority for any reason, then that provision or part must be read down if possible but if that cannot be done then it must be severed and the balance of these Terms and Conditions will otherwise remain in full force.

17.6 Governing Law and Jurisdiction

These Terms and Conditions must be interpreted and governed by the law of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises in relation to them it must be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Copyright © Watson Headache Institute 2024. All rights reserved.

Watson Headache® – Revised 1st March 2024

 

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