Welcome to the website of Spinal Flow (ABN 49 220 997 947) (“we”, “us” or the “Company”), a leading modality seeking to heal the spine, in order to ease pain, illness, and dis-ease.
This website is located on the web via the domain https://spinalflowtechnique.com and includes all of the files located in that domain (“this site”).
1. Restrictions on Use
Your use of this site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:
- the Company is unable to verify or authenticate any information that you provide to us; or
- the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person.
You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
- any material or information that you submit, post, transmit or otherwise make available through this site;
- your use of, or connection to, this site; or
2. Intellectual Property
- this site;
- all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
- all software, systems and other information owned or used by the Company in connection with this site (whether hosted on the same server as this site or otherwise).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
The Company’s logo and the phrase “Spinal Flow” are trademarks of the Company. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
3. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- this site will meet your requirements or expectations;
- anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
- the quality of any information or other material purchased or obtained through this site will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- this site or the servers that make it available are free of viruses or other harmful components.
4. Limitation of Liability
Exclusion of Liability
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):
- in the case of goods, to any of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- the singular includes the plural and vice-versa;
- a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
- the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Governing Law and Jurisdiction
Schedule 1- Prohibited Content
YOU MUST NOT:
- use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
- use this site by any automated means;
- use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this site;
- reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
- reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this site;
- do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this site;
- use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or
- use this site to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring the Company or any of its staff into disrepute.
We will never rent, trade or sell your email address to anyone.
We will never publicly display your email address or other persona details that identify you.
The Australian Privacy Principles
We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.
What is “Personal Information”?
- Personal information held by the Company may include your:
- name and date of birth;
- residential and business postal addresses, telephone/mobile/fax numbers and email addresses;
- your computer and connection information; and
- any information that you otherwise share with us.
How we may collect your personal information
At this site, we only collect personal information that is necessary for us to conduct our business as a leading modality seeking to heal the spine, in order to ease pain, illness, and dis-ease.
Information that you provide us
We may collect personal information that you provide to us about yourself when you:
- use this site, including (without limitation) when you:
- register for access to premium content or request certain premium features; or
- complete an online contact form to contact us;
- provide information to us by telephone or through marketing or competition application forms; or
- send us an email or other communication.
This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Company collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Company may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site
This site uses “cookies” to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Company extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.
You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.
- remember your preferences for using this site;
- show relevant notifications to you (eg, notifications that are relevant only to users who have, or have not, subscribed to newsletters or email or other subscription services); and
- remember details of data that you choose to submit to us (eg, through online contact forms).
Many of these cookies are removed or cleared when you log out but some may remain so that your preferences are remembered for future sessions.
Third party cookies
In some cases, third parties may place cookies through this site. For example:
How we may use your personal information
Your personal information may be used in order to:
- verify your identity;
- respond to any queries or feedback that you may have;
- conduct appropriate checks for credit-worthiness and for fraud;
- prevent and detect any misuse of, or fraudulent activities involving, this site;
- conduct research and development in respect of our services;
- gain an understanding of your information and communication needs or obtain your feedback or views about our services in order for us to improve them; and/or
- maintain and develop our business systems and infrastructure, including testing and upgrading of these systems,
and for any other purpose reasonably considered necessary or desirable by the Company in relation to the operation of our business.
From time to time we may email our customers with news, information and offers relating to our own services or those of selected partners. Your personal information may also be collected so that the Company can promote and market products and services to you. This is to keep you informed of products, services, and special offers we believe you will find valuable and may continue after you cease acquiring products and services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.
When we may disclose your personal information
For the purposes set out above, the Company may disclose your personal information to organisations outside the Company. Your personal information may be disclosed to these organisations only in relation to this site, and the Company takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:
- customer enquiries;
- mailing systems;
- billing and debt-recovery functions;
- information technology services;
- marketing, telemarketing and sales services;
- market research; and
- website usage analysis.
In addition, we may disclose your personal information to:
- your authorised representatives or legal advisers (when requested by you to do so);
- credit-reporting and fraud-checking agencies;
- credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
- our professional advisers, including our accountants, auditors and lawyers;
- government and regulatory authorities and other organisations, as required or authorised by law;
- organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and
- the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.
Contacting us about privacy
If you would like more information about the way we manage personal information that we hold about you, or are concerned that we may have breached your privacy, please contact us by email to firstname.lastname@example.org or by post.
Access to your personal information
In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email using the email address provided above or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:
- be unlawful (eg, where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties);
- have an unreasonable impact on another person’s privacy; or
- prejudice an investigation of unlawful activity.
- information technology services;
We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.
If we refuse to give you access, we will provide you with reasons for our refusal.
Correcting your personal information
We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
Storage and Security of Your Personal Information
We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.
Third Party Websites
You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt out of targeted advertising.
The Company welcomes the General Data Protection Regulation (“GDPR”) of the European Union (“EU”) as an important step forward in streamlining data protection globally. We intend to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects in the EU that we may obtain.
The requirements of the GDPR are broadly similar to those set out in the Privacy Act and include the following rights:
- you are entitled to request details of the information that we hold about you and how we process it. For EU residents, we will provide this information for no fee;
- you may also have a right to:
- have that information rectified or deleted;
- restrict our processing of that information;
- stop unauthorised transfers of your personal information to a third party;
- in some circumstances, have that information transferred to another organisation; and
- lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and
- where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.
If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, please be aware that:
- such objection or withdrawal of consent could mean that we are unable to provide our services to you, and could unduly prevent us from legitimately providing our services to other clients subject to appropriate confidentiality protections; and
- even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:
- to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact on your rights, freedoms or interests; and
- in exercising and defending our legal rights and meeting our legal and regulatory obligations.
Storage and processing by third parties
Data that we collect about you may be stored or otherwise processed by third party services with data centres based outside the EU, such as Google Analytics, Microsoft Azure, Amazon Web Services, Apple, etc and online relationship management tools. We consider that the collection and such processing of this information is necessary to pursue our legitimate interests in a way that might reasonably be expected (eg, to analyse how our clients use our services, develop our services and grow our business) and which does not materially impact your rights, freedom or interests.
The Company requires that all third parties that act as “data processors” for us provide sufficient guarantees and implement appropriate technical and organisational measures to secure your data, only process personal data for specified purposes and have committed themselves to confidentiality.
Duration of retention of your data
We will only keep your data for as long as is necessary for the purpose for which it was collected, subject to satisfying any legal, accounting or reporting requirements. At the end of any retention period, your data will either be deleted completely or anonymised (for example, by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning). In some circumstances, you can ask us to delete your data.
Keeping your information up-to-date
To ensure that your personal information is accurate and up to date, please promptly advise us of any changes to your information by contacting our data protection officer by email at email@example.com or by post.
If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner’s website (see www.privacy.gov.au).
Part C – Disclaimer
The information contained on this Website and in any documentation provided by Spinal Flow Technique (“Spinal Flow”) has been prepared by Spinal Flow specifically for those recipients (including students and members) (“you” and/or “user”) to whom that information has been provided (“Information”).
The information presented on this Website is Spinal Flow’s opinion and does not constitute health or medical advice. Spinal Flow (including its related bodies corporate, officers, employees and contractors) neither makes nor gives any representation, warranty, or guarantee in relation to the information contained on this Website, including its accuracy, reliability, currency, or completeness. The information contained herein is provided expressly on the basis that the user will carry out its own independent inquiries regarding that information.
This Website details Spinal Flow’s personal experiences with, and opinions about, the Spinal Flow Technique. Spinal Flow is not the user’s individual healthcare provider, and cannot be construed as such.
The information contained on this Website is for general information purposes and nothing contained in it is, or is intended to be, construed as advice or medical advice. It does not take into account you or your client’s individual health, medical, physical, or emotional situation or needs, nor is it intended to diagnose, treat, cure, or prevent any condition or disease. It is not a substitute for medical attention, treatment, examination, advice, treatment of existing conditions or diagnosis and is not intended to provide a clinical diagnosis nor take the place of proper medical advice from a fully qualified medical practitioner.
You should, before you act or use any of this information, consider the appropriateness of this information having regard to your own personal situation and needs. You are responsible for consulting a suitable medical and/or health professional before using any of the information or materials contained in this Website, before trying any treatment, or taking any course of action that may directly or indirectly affect your health or well being.
Further, it is the sole responsibility of the user to ensure that its’ use of the information contained in this Website complies with the guidelines, licencing, and laws of the country within which the user is based.
Spinal Flow (including its related bodies corporate, officers, employees and contractors) neither makes nor gives any representation, warranty, or guarantee in relation to the Information, including their accuracy, reliability, currency, or completeness. Information contained on this Website is provided expressly on the basis that the user will carry out its own independent inquiries regarding the information contained herein. Spinal Flow at all times strongly recommends that each user who access the Website makes its own independent inquiries regarding the Information contained on the Website.
The user shall take full and total responsibility for what the user does with the Information, provided on this Website, and any resulting outcomes from its actions.
Spinal Flow will not be liable for any inaccuracies or omissions or any direct, indirect, or consequential damages or loss caused by the use of any of the Information. Whilst due care has been used in preparation of all Information, actual results may vary materially and be subject to, and contingent on, different users, ages, health and fitness levels, and the like. Forecasts, hypothetical examples, and individual results are subject to uncertainty and contingencies outside Spinal Flow’s control and for which Spinal Flow accepts no liability.
The Information is intended only for the person or entity to which it is provided and/or addressed and may contain confidential and/or privileged material. Spinal Flow accepts no liability in respect to any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, the Information by persons or entities other than the intended user.
Spinal Flow shall at all times remain the legal owner of the intellectual property held in the Information and products contained on the Website. All images, photos, product names, logos, and brands are the property of Spinal Flow. All intellectual property rights of Spinal Flow, including all existing and future intellectual property rights including, but not limited to, copyright (both present and future subsisting throughout the world), registered and unregistered trade marks, trade names, slogans, logos, emblems, computer data and digital representations, designs, industrial designs, drawings, trade secrets, visual representations, registered and unregistered patents, know-how and patentable inventions are hereby strictly reserved and Spinal Flow reserves all rights in respect to those intellectual property rights.
“Spinal Flow” and “Spinal Flow Technique” are trademarks registered in Australia, and remain the proprietary intellectual property of Spinal Flow in that country.
It is acknowledged that the Spinal Flow Technique is based on modalities and teachings and simply brings together the story and system created by the Spinal Flow in respect to those existing modalities and teachings.
This Website may link to external websites in good faith, however it is your responsibility to decide on their accuracy, currency, reliability, and correctness. Again, we strongly recommend that you conduct your own independent enquiries regarding the information contained in this website, and any third party link contained in this website.
Spinal Flow has no direct control in respect to linked third party and external website content or any claims and/or changes made to that content.
When we link to external websites and any applications and /or social media (such as Twitter, Facebook, LinkedIn and YouTube) we are not endorsing or recommending any related material, products, or services. You are responsible for being aware of the organisation hosting websites and third party websites that you may visit.
All the information on this Website is published in good faith and for Information purposes only.