Terms and Conditions - Full Policy and Disclaimers

USER AGREEMENT – MASSAGE SEEKER

1  By using the Good Massage Guide website and our Social Media pages (“Website”) you accept these terms and conditions (“Agreement”) and our Privacy Policy

This Agreement is between you and the Good Massage Guide (GMG)  (referred to in this Agreement as “we”, “us” or “our”).  We may change these terms at any time, and changes will be posted on the Website.  By continuing to use the Website, you agree to be bound by the changes.

2  Site use

2.1  Massage seekers may use the tools available on the website to locate a massage therapy business or therapeutic massage service. Wellness events and products may also be available to browse or purchase.

2.2 Massage Seekers do not need to register to use the GMG Site. Massage seekers are invited to contact all Advertisers of therapeutic massage services and relevant products direct using the contact details provided. GMG is not responsible for commercial or thereby other arrangements entered into by massage seekers through its website.

2.3 Massage seekers may use these website features without charge.  No money or transfer of credits, funds, will occur between GMG and massage seekers.  All massage seekers must make any agreed transactions directly with the advertiser

2.4 Massage seekers are responsible for reading and understanding, or seeking advice on all terms of this Agreement of Use,  We are not liable for services rendered in full or in part, with or without quality provision by Advertisers on this website.  Massage seekers can utilise complaints process where an issue arises between the advertised service and what is borne out in practice.

Disclaimer

3.1  The pricing of advertised services and or products including coupons offered through our Website,  are final prices inclusive of GST (where relevant) advised by the advertiser at the time of purchase.  GMG does not influence nor control advertising nor quality of services or products promoted and priced by therapists.

3.2 Links to advertisers’ external sites does not imply that we endorse the linked website, content or resource, only that we have verified the advertiser as a registered supplier of therapeutic massage services.   As a user of GMG you acknowledge that we have not analysed third party websites, content or resources, we do not maintain a vigil over third party links and are not responsible for the material contained therein.

3.3 Consumers reading articles or other material posted on GMG website, social media or e-newsletters should review the information carefully with their healthcare provider. The information is not intended in any way to be a substitute for professional advice.  Neither the content nor any other service offered through the GMG website, social media or our e-newsletters is intended as diagnosis or treatment. Always seek the advice of your qualified health professional if you have any concern about your health. You are encouraged to develop a professional relationship with health care providers and regularly consult with them and seek their advice.

3.4 We do not examine, determine or warrant the certification and/or licensing, competence or information of any professional or treatment facility listed in our directories. We rely on the professionals or the treatment facilities listed in our directories to provide accurate information and assume no responsibility for verifying the information provided. Use of our directories to locate a health care professional or facility is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our directories for the selection of a health care professional or facility or for the services provided by any professional or facility listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any health professional or other health care provider with the applicable licensing Board or authority.

 

GENERAL STATEMENT – ALL SITE USERS  [Read In conjunction with “Site Use Policy”]

  1. Website changes

1.1 We reserve the right to change, alter, vary or amend the Website at any time and without formal  notice.

1.2 We may in our sole discretion terminate or restrict your access to the Website,  with or without disclosure.

1.3 If we terminate or restrict your website access, you may be prevented from seeing all or parts of the Website, your account details, or other Content contained in your account.

2.  Access and use of the Website

2.1 You must only use the Website through the interfaces provided by us, and must only use the Website in accordance with these terms and any applicable law.

2.2 You must not:

2.2.1 interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host the website; or

2.2.2 use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools;

2.2.3 interfere (or attempt to interfere) with security-related or other features of our site; or

2.2.4 use, copy or distribute (or attempt to use, copy or distribute) without our express permission.

2.3 You must not use another member’s account without our, and/or that member’s, express permission. If you suspect or become aware of any unauthorised use of your account, or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

2.4 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the Content of any other website linked to or from our own.  Server and internet failure is considered beyond our reasonable control.

2.6 We do not warrant that the Website will increase your business profits, customer base or website exposure. We provide no warranties in relation to the marketing success of your Content or any other website linked from our own

2.7 We do not warrant the services or discount offers or goods offered by our Website advertisers, and massage seekers are responsible for reviewing website information, contacting advertisers to verify services and to take all reasonable steps to ensure a service os suitable to need;

2.8 We do not provide refunds on any coupon/voucher advertised and sold on our Website.  All claims for refund, all complaints must be handled between the purchaser and the Vendor (business promoter) See “Coupons: Terms of Sale” and “Advertising Policy: Coupons”

3. Access and use of our Social Media pages

3.1 We will not be held responsible for third party posts on our Social Media pages. You will be responsible for Content you post on our Social Media pages, and you must not post Content that:

3.1.1 breaches the terms of use of the relevant Social Media service provider;

3.1.2 is defamatory or in contempt of legal proceedings;

3.1.3 is misleading or deceptive;

3.1.4 is offensive, including discriminatory against race, sex, sexual orientation, nationality, ethnicity or religion;

3.1.5 contains religious or political material;

3.1.6 is indecent, obscene or pornographic;

3.1.7 infringes any third party intellectual property rights;

3.1.8 contains any promotional or advertising material; or

3.1.9. contains or links to computer viruses, malware, spyware or similar software.

4 Social Media and Content

4.1 You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“Content”) posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such Content originated.

4.2 You understand that we do not control and are not responsible for Content made available through Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to Content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use Social Media at your own risk and, to the extent permissible by law, we do not accept liability in this regard.

4.3 As a member or participant on our Social Media pages, you agree that you are responsible for any Content submitted, posted or made available through the Website via your account and you must not post (or allow) Content to be posted through your account that:

4.3.1 you do not have the right to post;

4.3.2 is defamatory or in contempt of any legal or other proceedings;

4.3.3 is misleading or deceptive;

4.3.4 incites hatred or discrimination against any group of persons, being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;

4.3.5 denounces religious or political beliefs;

4.3.6 includes religious or political material which is or is likely to be offensive;

4.3.7 is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;

4.3.8 infringes any copyright, trade mark, patent or other intellectual property right of another person;

4.3.9 contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or

4.3.10 impersonates any person or misrepresents your relationship with any person.

4.4 We will, and reserve the right, in our absolute discretion, to pre-screen all Website content submitted or edited, updated by you , and to accept, refuse or remove any Content from the Website or our Social Media pages if considered offensive (7.3.1 – 7.3.10), if considered not relevant to the Website purpose, contains Content other than Therapeutic Massage Services, or is submitted or  edited by an unauthorised representative of the registered. user.  This includes Content that relates to intimate massage services, non-therapeutic services, therapeutic services reported or deemed below national standards of practice.

4.5 We reserve the right, in our absolute discretion to remove Content as described (7.4) without warning or reason from our Website, and without refund of product payment.

4.6 You understand and agree that we may retain server and backup copies of your submitted Content even if you have altered, removed or deleted your Content from public display. 

5. Intellectual property

5.1 We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

5.2 Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

5.3 You may not:

5.3.1 modify or copy the layout or appearance of the Website, nor any computer software or code contained in the Website; and/or

5.3.2 decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

5.4 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the Content of your correspondence or communication, and to prepare derivative works of the Content or incorporate the Content into other works in order to publish and promote such Content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improving goods or services we provide.

6. Information on this Website

6.1 Information about services, pricing and terms and conditions  on the Website is based on material provided by us in good faith that the Content is clear and accurate to users, Members and Vendors   However we cannot guarantee its accuracy.

6.2 You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us by users, Members and Vendors

6.3 You agree to make your own enquiries to verify information provided and to assess the suitability of  goods or services before you order

7. Disclaimer and liability

7.1 To the fullest extent possible by law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

7.1.1 errors, mistakes or inaccuracies on the Website or our Social Media pages;

7.1.2 you acting, or not acting, on any information contained on or referred to on the Website and/or any linked Website or our Social Media pages;

7.1.3 personal injury or property damage of any nature resulting from your access to or use of the Website;

7.1.4 any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

7.1.5 any interruption or cessation of transmission to or from the Website;

7.1.6 any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or

7.1.7 the quality of any product or service of any linked sites.

7.2 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website, or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party Vendors of goods and services.

7.3 Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

7.4 Except as required by law, in no event shall we, our affiliates and related entities, or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our Vendors have no responsibility for the legality of your actions.

7.5 Some services provided by the Vendors may be of an inherently risky or dangerous nature or require specific skills or qualifications to be possessed by participants. Prior to booking or partaking of any such services, you should inform yourself of the risks and/or specific skills or qualifications involved.

7.6 It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance, require the service Vendor to be insured, or to have insurance coverage that covers you in respect of the provision of their goods and services, prior to proceeding with any booking or services. We accept no liability in this regard.

8. Complaints or problems

8.1 We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any Advertiser.

8.2 If you wish to make a complaint in respect of an Advertiser, you must email that complaint to [email protected]

8.3 Notwithstanding the nature of the complaint, refunds can only be sought from the Advertiser, we have no liability for financial reimbursement claims made in relation to a complaint or failure of service by an Advertiser. See our refund policy for more details.

9. Governing law

9.1 This Agreement will be governed by and interpreted in accordance with the laws of Victoria  You irrevocably submit to the exclusive jurisdiction of the Courts of the State of Victoria.

 

SITE USERS AGREEMENT – THERAPIST/BUSINESS ADVERTISERS [read in conjunction with Listing Guidelines]

1  By using the Good Massage Guide website and our Social Media pages (“Website”) you accept these terms and conditions (“Agreement”) and our Privacy Policy

2. The GMG website is provided “as is”, with all its faults and as available,  to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade. We make no representation or warranty that any content of the GMG website is accurate, complete, appropriate, reliable or timely. We also make no representation or warranty that your access to and use of the GMG website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating the GMG website at any time without notice.

This Agreement is between you and the Good Massage Guide (GMG)  (referred to in this Agreement as “we”, “us” or “our”).  We may change these terms at any time, and changes will be posted on the Website.  By continuing to use the Website, you agree to be bound by the changes.

 

2.  Registration requirements

2.1 You must be an approved and currently registered member to advertise your therapeutic and wellness business or event including  coupons and vouchers (“eCoupon”) and access certain features of the Website.

2.2 You will provide us with business and personal contact information including your name, address, and a valid email address. You must ensure this is accurate and current.

2.3 Information is stored securely, and will only be used and disclosed in accordance with our Privacy Policy (which can be accessed here).

2.4 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

2.5 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately ([email protected]).

2.6 We are not liable for any unauthorised use of your account.

2.7 By using the Website and its associated tools and functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receive certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that your promotions are due for renewal.

2.8 To register an account and use the Website, you must be at least 18 years old, hold a nationally recognised qualification in massage therapy or allied qualification which includes massage therapy as a treatment protocol; or operate a therapeutic massage business with a current ABN that employs qualified massage therapists; or be a practice manager responsible for a wellness space offering therapeutic massage employing qualified massage therapists, and have capacity to enter into a legally binding agreement with us.

3. Communications by us

3.1 As a condition of registering to advertise with GMG , you consent to us sending you Administrative Emails and Promotional Emails. In this document:

31.1 “Administrative Emails” involve details of account activity and purchases you have made; and

31.2 “Promotional Emails” consist of product information and new offers. You may choose to opt-out of receiving Promotional Emails at any time by simply clicking the unsubscribe button at the bottom of our emails. More details about these emails can be found in our Privacy Policy.

4. Requests to display content 

4.1 The promotion of your business services or goods on the Website does not constitute an offer to sell. It is an invitation to treat only.

4.2 Requests placed by you are offers to either promote an opportunity as:

4.2.1  a business promotion – (therapeutic massage ) under the terms and conditions in this Agreement, and or

4.2.2 a discount or gift voucher/offer  (therapeutic treatment or wellness product)  under the terms and conditions in this Agreement at the price specified (including delivery and other charges).

4.3 We may reject your request, including in circumstances where we believe there may be false advertising, requests falling outside the scope of GMG including intimate or sexual massage, use of provocative, lewd or pornographic images, or where the advertiser’s credentials cannot be verified.

4.4 In the event that we reject your  request,  a full refund will be made if (a) any payment was received (b) the request was made from an inelligible business.   Refunds will not be provided where a breach or this Terms of Agreement has been wilfully tested.

4.5 We may share your information with other industry group members of the auspicing entity Australian Natural Health Group. 

4.6  Submissions 

4.6.1  It is a condition of this agreement that all information you post and/or submit to be posted in our directory,  including all advertisements and creative designs, are either your own works or works which you are using with the permission of the owner. 

4.6.2 By submitting information (including advertisements and designs) to any part of the GMG website you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. 

4.6.3 You warrant that any and all information you post to the GMG website 

4.6.3.1  complies with all relevant laws; 

4.6.3.2  does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person; 

4.7.3.3  is not misleading or deceptive nor likely to mislead or deceive; and 

4.6.3.4  does not violate any privacy laws or regulations or therapist/client confidentiality.

 You warrant that any and all information submitted by you and posted on the GMG website, in any directory space, is true, complete and correct.

5. Price and payment of GMG Advertising 

5.1 The prices of all GMG marketing products are shown are in Australian dollars, include GST and are current at the time of display.  These may be subject to change. All payments must be received in full prior to Content display.  If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not proceed with content display.;.

5.2 All GMG marketing products are of a fixed service period.  It is the users responsibility to be aware of the service period of a product purchased and to renew products in a timely manner.

5.3 GMG will send renewal notifications

5.4 Advertisers must honour any stated discount or pricing of services or relevant goods as promoted on GMG, at the time of a consumer’s purchase.

5.5 Advertisers can edit Content and associated pricing, however GMG will need to verify and approve such changes with the Advertiser.

6. Links to third party websites

6.1 The Website may include links to other advertiser and other sponsor websites, Content or resources. These linked websites, Content or resources are considered to be operated by third parties and GMG does not take responsibility or control over them.

6.2 The existence of advertiser links is limited to relevant and reliable Content, resource or service. Link to sites unrelated to the Advertiser’s stated role as a therapeutic massage service will not be displayed

6.3 Links to advertisers external sites does not imply that we endorse the linked website, Content or resource.   As a user of GMG you acknowledge that we have not analysed third party websites, Content or resources, do maintain a vigil over third party links and are  not responsible for the material contained therein.

6.4 Where a complaint has been lodged by a site user that a third party link channels access to inappropriate, non-relevant services, Content or resources, or otherwise offensive Content, GMG will withdraw the Advertiser Campaign and presence without reason.

7. Transfer and Assignment

7.1 You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:

7.1.1 we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and

7.1.2 we shall be entitled to assign the benefit of any agreements we have with you to the third party.

8. Indemnity

8.1 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with, or in respect of, your conduct or breach of this Terms Of Agreement.

9. Identification requirements

9.1 In an effort to prevent fraudulent use of credit cards or other payment options, we will make reasonable efforts to validate the legitimacy of the order and/or the cardholder’s identity, which may include requesting proof of identity. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties.

9.2 In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will proceed with an ID check to confirm the order is bona fide. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order, and you will be notified.

10. General

10.1 We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.

10.2 This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the Courts of the State of Victoria, Australia.

10.3 If any part of this Agreement is found to be void, unlawful or unenforceable, then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

10.4 If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

11. Privacy and Personal information

11.1 If you provide us with any personal information, our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.

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