Website Terms and Conditions of Use

1. About the Website

1.1. Welcome to www.pausehealth.com.au (Website). The Website is operated by Pause Health Pty Ltd (ABN: 85 699 629 288) (Pause Health, we, us, our).

1.2. Pause Health is a coaching and education platform that develops and delivers training programs to pharmacies and pharmacists on how to competently conduct one-on-one menopause consultations within the pharmacy setting.

1.3. The Website allows you to browse and purchase online training programs (each a Program, together the Programs), currently comprising the Foundation Module (for pharmacy staff) and the Menopause Masterclass (for registered pharmacists), access any other resources made available from time to time (Eproducts), find out about Pause Health's coaching services, and make enquiries or bookings for introductory or discovery calls (Enquiries). All services offered via the Website are collectively referred to as the Services.

1.4. The Services are training, coaching and educational services only, and are not medical services. Nothing provided through the Website or the Services constitutes clinical, medical or therapeutic advice. You and your staff should always exercise your own professional judgment, and comply with your own registration, regulatory and professional obligations, when providing any consultation or service to your own customers or patients.

1.5. Access to and use of the Website, and any of its associated Services, is provided by Pause Health. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, you signify that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must immediately cease using the Website or any of the Services.

1.6. Pause Health reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Pause Health updates the Terms, it will use reasonable endeavours to provide you with notice of the update via email or a notification on the Website. Any changes to the Terms take effect immediately from the date of publication. Your continued use of the Website following publication constitutes acceptance of the updated Terms. We recommend you keep a copy of the Terms for your records.

 

2. Acceptance of the Terms

You accept the Terms by using, browsing, or remaining on the Website, or by creating an account, purchasing a Program, or otherwise accessing the Services. Where prompted, you may also be required to indicate your acceptance by clicking an “I agree” button or checking an acceptance box.

 

3. Registration for the Services

3.1. To access the Services, you may be required to register as a user of the Website. As part of registration, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to): name, email address, password, Pharmacy name and address.

3.2. You warrant that any information you give to Pause Health in the course of completing the registration process will always be accurate, correct and up to date.

3.3. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

3.4. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Pause Health.

 

4. Your obligations as a Member of the Website

4.1. As a Member, you agree to comply with the following. You will use the Services only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.

4.2. You have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services.

4.3. Any use of your registration information by any other person, or third party, is strictly prohibited. You agree to immediately notify Pause Health of any unauthorised use of your password or email address, or any breach of security of which you become aware.

4.4. Access to and use of the Website is limited, non-transferable, and permitted solely for the purpose of Pause Health providing the Services to you.

4.5. You will not use the Services or Website for any illegal or unauthorised purpose, including collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email, or unauthorised framing of or linking to the Website.

 

5. Enquiries and discovery calls

5.1. The Website may allow you to make an Enquiry, including booking an introductory or discovery call, to learn more about the Services before purchasing a Program.

5.2. An Enquiry does not, by itself, create any obligation on Pause Health to provide the Services to you, or on you to purchase a Program. A binding contract for a Program is only formed in accordance with clause 6 and the applicable Click Wrap Terms and Conditions.

5.3. If you choose to use a third-party scheduling tool to arrange an Enquiry, you acknowledge and agree to be bound by the terms and conditions and privacy policy of that scheduling tool.

6. Programs

6.1. In using the Website to purchase a Program, you agree to and accept the inclusions set out on the relevant information page of the Website (Information Page), and agree to pay the purchase price listed on the Information Page (Purchase Price). Your purchase is also governed by Pause Health's Program Click Wrap Terms and Conditions, presented to you at the time of purchase.

6.2. Payment of the Purchase Price may be made through the payment methods made available through the Website or Member Portal (Payment Gateway Providers).

6.3. In purchasing a Program, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions, privacy policy and other relevant legal documentation of the Payment Gateway Providers.

6.4. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD). Where displayed to consumers, prices include goods and services tax (GST) as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth), unless otherwise indicated. Where the Services are supplied outside Australia, GST may not apply. You are responsible for any applicable taxes, duties or fees in your jurisdiction.

 

7. Delivery of Programs and licence information

7.1. Each Program purchase grants you access to the Program through Kajabi or such other learning platform used by Pause Health from time to time (Member Portal).

7.2. When you purchase a Program, Pause Health grants you a limited, revocable, non-exclusive, non-sub-licensable, non-transferable licence to access and use the specific Program and any related software, content, equipment or other materials, for your own professional development and (where applicable) for delivering menopause consultations within your Pharmacy only (Licence).

7.3. The Licence is valid for the Program term outlined on the relevant Information Page (Licence Term). After the Licence Term, the Program will expire and you will no longer be able to access it.

7.4. The Programs are licensed for use by the Authorised User(s) specified at the time of purchase only, and may not be shared with, or accessed by, any other individual, pharmacy or business. This includes any supplemental Program materials, digital resources, and access to any other aspect of the Program.

 

8. Group and cohort learning

8.1. Where a Program includes a group, community or cohort-based component, as a participant you expressly agree that you will not, through any means:

• (a) harm, harass, hassle or abuse other participants;
• (b) send unwelcome communications, such as spam, to other participants;
• (c) act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
• (d) infringe the intellectual property, confidentiality or privacy rights of any other participant or third party.

8.2. Pause Health, at its discretion, reserves the right to remove, edit or alter any content created by you during a Program, or on any platform used in the delivery of a Program.

8.3. Pause Health retains the right to deny you access to a Program, or terminate your involvement in a Program, at any time for a breach of these Terms.

9. Program refunds

9.1. You must notify Pause Health of an intention to cancel your involvement in a Program by email to [email protected] (Cancellation Policy).

9.2. Subject to your rights under the Australian Consumer Law, the Programs are non-refundable. If you wish to terminate a Program early, all Purchase Price amounts already paid are non-refundable.

 

10. Delivery - Eproducts

10.1. Eproducts are delivered via download links sent to your registered email address following purchase. If you do not receive the email within 30 minutes of purchase, please first check your spam folder and then contact [email protected].

10.2. Pause Health will endeavour to respond to you as a priority and will not be liable for any issues concerning your email account or your inability to receive the Eproduct.

10.3. Subject to your rights under the Australian Consumer Law, Pause Health does not provide refunds for Eproducts. Please keep this in mind when making a purchase.

 

11. Warranty

11.1. Pause Health will use reasonable endeavours to help you achieve the desired training outcomes. However, Pause Health makes no warranty that the Services will meet your requirements, or that all Members will achieve the same results.

11.2. The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to cancel your contract with Pause Health and are entitled to a refund for the unused portion, as determined under the Australian Consumer Law. A major failure with the Services is defined by the Australian Consumer Law and includes, but is not limited to, severe situations where a service is unfit for the purpose it is sold for, or creates an unsafe situation.

 

12. Disclaimer

12.1. The Services are training and educational services only and are not medical services.

12.2. You (and, where applicable, your Pharmacy and staff) are solely responsible for creating and implementing your own professional decisions, actions and outcomes arising out of or resulting from your use of the Services and your interactions with Pause Health. To the extent permitted by law, Pause Health is not, and will not be, liable or responsible for any action or inaction, or for any direct or indirect result, of your use of the Services.

12.3. You understand that the Services, and any information you receive through your involvement in the Services or through any materials and documents provided to you, are not a substitute for your own professional judgment, training, registration or continuing professional obligations, and are not a substitute for medical, clinical or mental health attention, examination, diagnosis or treatment provided to any of your own customers or patients. It is your, and your Pharmacy's, exclusive responsibility to seek independent professional guidance as needed and to comply with all applicable laws and professional standards.

 

13. Information disclaimer

13.1. Any information, advice, content or documentation provided on the Website, through the Services, social media accounts, podcasts, or any other related platform, including in any accompanying resources, is not meant to substitute professional treatment or judgment, and is provided for general information and training purposes only.

13.2. The information, advice, content and documentation provided on the Website and through the Services is not medical information.

13.3. All care is taken in the preparation of the information and published materials, including any accompanying resources. Pause Health does not make any representation or give any warranty about the accuracy, reliability, completeness or suitability for any particular purpose of that information.

13.4. To the extent permitted by law, Pause Health will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way, or as a result of your reliance on the information, advice or documentation provided on the Website, through the Services, social media accounts or any other related platform.

 

Copyright and intellectual property

14.1. The Website, the Services and all related materials of Pause Health are subject to copyright. The material on the Website and in the Services is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and the compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements, training methodology and interactive features) are owned or controlled by, and are reserved to, Pause Health or its contributors.

14.2. All trade marks, service marks and trade names used in connection with the Services, including "Pause Health", "Foundation Module" and "Menopause Masterclass", are owned, registered and/or licensed by Pause Health. Pause Health grants you a worldwide, non-exclusive, royalty-free, revocable licence solely to:

• (a) use the Website in accordance with the Terms;
• (b) copy and store the Website and its material in your device's cache memory; and
• (c) print pages from the Website for your own personal and non-commercial use.

14.3. Pause Health does not grant you any other right in relation to the Website or the Services. All other rights are expressly reserved by Pause Health.

14.4. Pause Health retains all right, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website transfers to you any:

• (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
• (b) right to use or exploit any business name, trading name, domain name, trade mark or industrial design; or
• (c) thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of that thing, system or process).

14.5. You may not, without the prior written permission of Pause Health and any other relevant rights owner, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party content forming part of the Services for any purpose, unless otherwise permitted under these Terms. This prohibition does not extend to materials on the Website that are freely available for re-use or are in the public domain.

14.6. The Program Click Wrap Terms and Conditions that apply to your purchase of a Program contain further, more detailed provisions dealing with confidentiality of, and restrictions on the use of, the training methodology and materials provided as part of a Program. Those provisions apply in addition to this clause 14.

 

15. Privacy

Pause Health takes your privacy seriously. Any information provided through your use of the Website and/or the Services is subject to Pause Health's Privacy Policy, available at www.pausehealth.com.au.

 

16. General disclaimer

16.1. Nothing in the Terms limits or excludes any guarantee, warranty, representation or condition implied or imposed by law, including the Australian Consumer Law (or any liability under them), which by law may not be limited or excluded.

16.2. Subject to clause 16.1, and to the extent permitted by law:

• (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
• (b) Pause Health will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from Pause Health's failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services, or the late supply of the Services), whether at common law, under contract, in tort (including negligence), in equity, under statute or otherwise.

16.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors or licensors of Pause Health make any express or implied representation or warranty about the Services or any products or services referred to on the Website. This includes (but is not limited to) loss or damage you might suffer as a result of:

• (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
• (b) the accuracy, suitability or currency of any information on the Website or in the Services;
• (c) costs incurred as a result of using the Website, the Services, or any products of Pause Health; and
• (d) the Services or operation of any links provided for your convenience.

 

17. Third party services

The Services may integrate, be integrated into, or be provided in connection with, third-party websites, services, content and/or materials (Third-Party Services), including the Member Portal. Pause Health does not control any Third-Party Services and makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of any Third-Party Services accessible from the Website or the Services. There is no implied affiliation, endorsement or adoption of any Third-Party Services by you or Pause Health, and Pause Health is not responsible for any content provided on or through Third-Party Services. You should read the terms of use and other legal agreements that apply to any Third-Party Services you use.

 

18. Limitation of liability

18.1. Subject to clause 16.1, Pause Health's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the lesser of: (a) the cost of resupplying the Services to you; or (b) the total amount paid by you to Pause Health in the twelve months preceding the event giving rise to the liability.

18.2. You expressly understand and agree that Pause Health, its affiliates, employees, agents, contributors and licensors will not be liable to you for any indirect, incidental, special, consequential or exemplary damages, however caused and under any theory of liability. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss. This clause is subject to clause 16.1.

 

19. User generated content

19.1. If you choose to contribute any content to the Website or any other platform operated by Pause Health, you are solely responsible for it. This includes comments, reviews, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

19.2. By contributing Your Content to the Website, you grant Pause Health a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display Your Content in any way it chooses, including on other parts of the Website, in advertising, promotions or on social media accounts held by Pause Health.

19.3. If you post Your Content with any personal information, including identifying information such as location or name, you agree Pause Health can use that information with Your Content for advertising and promotional purposes, or any other legitimate business purpose, in accordance with the Privacy Policy and applicable privacy laws.

19.4. You confirm you own, or have the right to use, any copyright material included in Your Content, that you have the permission of anyone appearing or performing in Your Content, and that you are not infringing any third-party rights by submitting the content to Pause Health. You confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 featured in Your Content.

19.5. Please keep your own copies of Your Content, as Pause Health may not archive, store or back up Your Content, or continue to make Your Content accessible online.

19.6. Pause Health will endeavour to provide you with appropriate credit when using Your Content on its platforms, though you understand this may not always be possible.

19.7. Pause Health reserves the right to remove, modify or refuse to post Your Content at any time, in its sole discretion and without prior notice. Your Content must not be malicious, defamatory, false, inaccurate, threatening, abusive, obscene, discriminatory or otherwise objectionable or offensive.

 

20. Mailing list registration

You may be given the option to register for the Pause Health mailing list (Mailing List). As part of registering for the Mailing List, you may be required to provide personal information such as your email address and name. If you register for the Mailing List, you agree to receive promotional material, updates and other content from Pause Health.

 

21. Indemnity

You agree to indemnify Pause Health, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against:

• (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including reasonable legal fees) incurred, suffered or arising out of or in connection with Your Content;
• (b) any direct or indirect consequences of you accessing, using or transacting on the Website, or attempting to do so, to the extent caused by your breach of these Terms or your negligent or wrongful acts or omissions; and
• (c) any breach of the Terms.

 

22. Governing law and Jurisdiction

These Terms are governed by the laws of Western Australia. In the event of any dispute arising out of or in relation to the Services, the parties agree that the exclusive venue for resolving that dispute will be the courts of Western Australia.

 

23. Independent legal advice

Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable, and that both parties have had the opportunity to obtain independent legal advice.

 

24. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force