Welcome to Wounds R Us™. 

 

These terms and conditions relate to the Wounds R Us online services (Webinars, Online Training Courses and Bookings for In Person Seminars (“Services”) which you are agreeing to purchase from us.  Please read these terms and conditions, which together with our Privacy Policy govern your use of the Wounds R Us service and content (“conditions”). 

 

1.         Your Acceptance

 

1.1       By clicking on the “I have read and accept these Terms and Conditions” button you are entering into a legally binding contract with Wounds R Us to purchase a non-exclusive licence to access the Services and the content.  This contract is conditional on payment being authorised by your credit/debit card authoriser and is at all times subject to these conditions now and every time you use the Services.  If you do not accept these conditions you should not click on the button.

1.2       The term “Wounds R Us” or “us” or “we” or “our” refers to the owner of this Website which is Wounds R Us Pty Ltd whose registered office is Suite 4, 210 Lower Heidelberg Road, Ivanhoe East, Victoria, 3079.  Our Australian Company Number is 616 479 675 and our Australian Business Number is 25 435 275 537. The term “you” refers to the user of our Website.

1.3       You must be 16 years or older to agree to purchase a Service.  If you are under 16 years old you will need to provide the written consent of your parent or guardian.  You will need to have them contact us to give this consent.

 

2.         Changes to Conditions

 

2.1       Wounds R Us may change these conditions at any time.  Any changes will take effect on the date they are posted onto this Website and we are not under any obligation to notify you of such changes, except where those changes vary the price of the Services in which case the change will come into effect only in respect to any new Services.  By continuing to use the Services you accept any revised version of these conditions.

 

2.2       If there is anything you do not understand in these conditions, please feel free to email us or phone us.

 

3.         The Services

 

3.1       The “Services” shall be the provision to you of access to services and content on this Website (www.woundsrus.com) including streaming audio-video and downloadable audio-video and other features including electronic documents and other content as made available to users from time to time.

 

3.2       Wounds R Us reserves the right to amend the nature and extent of the Services available at any time.

 

4.         Service Availability

 

4.2       Wounds R Us will use its reasonable endeavours to ensure that the Services are made available to you at all times.  However, this Website is provided on an “as is” basis.

 

4.3       Specifically, the image and sound quality of streaming audio-video may vary, whether due to congestion on the internet or telephone lines or otherwise.  Your use of the Services and this Website may not be uninterrupted, timely, secure or error free.

 

4.4       From time to time we will need to close the Website to carry out upgrades or maintenance.  We will try to keep this to a minimum.  Subject to the above constraints, Wounds R Us will supply the Services with reasonable care and skill.  Apart from this commitment and subject to condition 13.4 (“Refund”) below and any other statutory rights you have as a consumer, we make no representation or warranty and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law.  

 

5.         Prices

 

5.1       Our prices only cover access to the Services.  Telephone line and other communications or access costs may be charged to you separately by your Internet Service Provider or relevant service provider.  All our prices are inclusive of tax at the rates in force from time to time.  Except in the clear case of error, the prices payable for the Services that you order are as set out on this Website at the time when you place your order.

 

6.         Payment

 

6.1       We accept the following methods of payment for Services:-

 

• Visa and MasterCard credit card; and

 

• Visa and MasterCard debit card; and

 

6.2       Payment will be charged to your card upon placement of your order.

 

6.3       Payment will be processed using the services of eCreate on a secure website linked to this Website.

 

6.4       You confirm that the credit/debit card which is being used is yours.  All credit/debit card holders are subject to validation checks and authorisation by the bank/card issuer.

 

6.5       Wounds R Us reserves the right to refuse credit/debit card payments in our reasonable discretion.  We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.

 

7.         Duration and Termination

 

Your Right to Terminate

 

7.1       You may cancel your order by logging into the Website and going to and clicking on the “Cancel Order” button.  Your order continues until it is cancelled by you or is otherwise terminated in accordance with these conditions.

 

7.2       Cancellation must be made no less than 3 working days prior to the event you are booked into.  If you cancel within 72 hours of the event you are booked into then Wounds R Us will refund to you 50% of the Price you paid.

 

Our Right to Terminate

 

7.5       Wounds R Us may terminate this contract with immediate effect by written notice on 2 working days’ notice at any time if you commit a material breach of these conditions, including without limitation if your payment for the Services is declined or you fail to comply with condition 9.

 

7.6       Wounds R Us may also terminate this contract on 2 days written notice to you for no reason.  If we terminate this contract other than as a result of your breach you will receive a refund of the amount you pre-paid for the Services less an amount proportionate to the number of days for which you have had access to the Services.

 

8.         Customer Service, Technical Support and Notices

 

8.1       You can contact us to discuss your Order for any other reason by emailing to Wounds R Us as described below or going to the “Contact Us” section of this Website. 

 

8.2       If you are experiencing technical or service problems you should contact our Website manager by emailing us.  If our Website manager is unable to resolve your problem or does not respond promptly to you then you should contact Wounds R Us directly.

 

8.3       In either case, please be ready to provide your Order ID, e-mail, product details and details of your last transaction which will be required in order to identify your Order.

 

8.4       Any notice given by Wounds R Us can be given by post or by email to the most recent email and/or postal address we hold for you.

 

8.5       You should notice us by email immediately if any of your details change.

 

9.         Your Use of the Services

 

9.1       The audio-visual material, footage, images, design, text and other streaming that you receive (and any selection or arrangement of the foregoing) are subject to copyright of Wounds R Us and the name and logo of Wounds R UsTM are owned by us.

 

9.2       You agree that you will:-

 

• access the Services for your information and personal use only and use the Services for non-commercial purposes only without making any gain and that you will not permit any other person to use the Services.  (This includes, without limitation, that you must not charge for viewing the Services and that you cannot use the Services to attract others to buy goods or services from you or anyone else);

 

• access the Services only as intended through the normal functionality of the Services as provided on this Website;

 

• not permit any other person to view the Services and keep your password secure and never share your passwords or other access codes with anyone or in anyway make them accessible to others;

 

• only download one copy of any materials comprised in the Services to a personal local hard disk or personal media device (eg. an ipad® or tablet) and not otherwise copy, record or store all or any part of the Services (other than on a purely transitory basis to permit you to view them) or divert, re-transmit or other distribute all or any part of the Services to any person, or authorise, enable or procure any other person to do any of the above;

 

• not alter, disassemble, decompile or reverse engineer any part of the Services or remove any copyright or trade mark notice from any materials comprising the Services;

 

• not view the Services in circumstances where members of the public can view it simultaneously or authorise, enable or procure any other person to do so; and

 

• not misuse this Website or the Services or use either of them for any unlawful purpose (which includes transmitting any computer viruses or malicious code via the Website) or using the Website in a manner which violates or infringes the rights of anyone else.

 

9.3       You acknowledge and agree that in addition to our right to terminate this contract for breaches by you we may suspend the Services or your access to them or any part of them if your use of them is not in accordance with these conditions, abusive, excessive or against the interests of other users.  If we decide to do this we will give you a written notice.

 

10.       Copyright

 

1. This Website, the Services and its content is copyright of Wounds R Us.

 

1. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than you may print or download extracts of any purchased content to a local hard disk or personal media device (eg. an ipad® or tablet) for your personal and non-commercial use only.           

 

10.3     You may not, except with our express written permission, distribute or        commercially exploit the content.  Nor may you transmit or store it in any other   website or other form of electronic retrieval system

 

10.4     You acknowledge and agree that all intellectual property (including copyright, trade mark, design, patent and all other equivalent rights throughout Australia and the world, or any right which is similar or analogous to any of the preceding rights and any moral rights existing in respect to any of the preceding rights) in the Services and the content available via the Services remains our property and such rights are not transferred to you.

 

10.5     We grant you a non-exclusive, non-transferable (without our prior written consent) licence to use the intellectual property in any materials created by us for your personal purposes however the exercise of such licence is conditional upon us having received all monies due to us.

 

11.       Data Security and Privacy

 

11.1     Your credit/ debit card details will not be stored on our servers.

 

11.2     The information and data (“personal information”) which is provided by you in connection with the Services will be held on Wounds R Us servers and manual records may be used by used by Wounds R Us.  These servers are operated by a third party IT contractor.

 

11.3     By subscribing to Wounds R Us you understand that Wounds R Us may use and disclose your personal information:-

 

• for the purposes of enabling you to access the Services and this Website;

 

• to enable us to offer and provide you with the products and services available on this Website or via the Wounds R Us business; and

 

• for any of the purposes set out in Wounds R Us Privacy Policy which is available by clicking the link on this Website.

 

11.4     Though we make every effort to preserve your online privacy and the security of data we remind you that submitting information over the internet is inherently risky.  If you are not prepared to assume this risk, then we suggest that you contact us by telephone or post (refer to the “Contact Us” section).  

 

12.       Content Warning

 

You acknowledge and agree that, to the extent that the Services contains materials that demonstrate and explain a program of wound treatment, that you only carry out wound treatment in respect to other persons if you are appropriately qualified.  For this reason we recommend that you seek the advice of a qualified doctor or other registered health practitioner before commencing any wound treatment.

 

13.       Disclaimer and Refund

 

Disclaimer

 

13.1     Under the Australian Consumer Law we are required to provide the Services using reasonable care and skill.  However, due to the nature of the Services we do not warrant or guarantee or make any representation that:-

 

• this Website, or the server that makes the site available on the World Wide Web are free of software viruses;

 

• the functions contained in any software contained in the Services or  this Website will operate uninterrupted or are error-free; or

 

• that any program of treatment comprised in the Services is or will be suitable for your purposes, without appropriate modification.

 

13.2     To the fullest extent permitted by law, we are not liable to you for:-

 

• errors or omissions in this Website or the Services;

 

• delays to, interruptions of or cessation of services provided in this Website arising from causes beyond our reasonable control;

 

• defamatory, offensive or illegal conduct of any user of this Website;

 

• any special, indirect or consequential loss or damage which you may sustain howsoever arising; or

 

• damage to person or property howsoever arising, whether in tort or contract,

 

whether caused by us, our employees, agents or contractors, or through any other cause but excluding any act of gross or deliberate negligence and to the fullest extent permitted by law you release Wounds R Us in relation to any cause of action, claim, demand, right, damage, loss expense or compensation of nature whatsoever that you may have or in the future might have in respect to the foregoing in relation to the Services, the use of the materials comprised in the Services or this Website.

 

13.3     You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Services or this Website.

 

Refund

 

13.4     If for a reason beyond our control you fail to receive a substantial element of the Services we will refund or give you credit for such proportion of the sum you pre-paid in respect of the Services that we decide, acting reasonably, is fair in the circumstances.

 

14.       Waiver

 

No waiver by Wounds R Us shall be construed as a waiver of any rights or remedies or any subsequent breach of these conditions.

 

15.       Assignment

 

These conditions and any rights to use the Services may not be transmitted or assigned by you but may be assigned by Wounds R Us without restriction.

 

16.       Whole Agreement

 

16.1     These conditions, the current Services prices and our Privacy Policy set out the whole agreement between Wounds R Us and you in relation to the Services.  These conditions cannot be changed or terminated verbally and subject to the above conditions which permit some changes, no other changes or amendments to these conditions shall be binding on either of us until confirmed in writing by Wounds R Us.

 

16.2     Wounds R Us’s employees, agents and contractors including its IT support staff are not authorised to make any representations concerning the Services or this Website unless confirmed in writing by Wounds R Us.  You confirm that you do not rely on, and waive any claims for breach of any such representations that are not so confirmed.

 

17.       Governing Law

 

The Services, use of this Website and these conditions are governed by the laws of the State of Victoria, Australia and the Commonwealth of Australia and you irrevocably submit to the exclusive jurisdiction of the Courts in those jurisdictions.  References to “working days” are references to days which are not a Saturday, Sunday or public holiday in Melbourne, State of Victoria.