1) You must be at least 18 years old to become a member of the Site. You must not attempt to register if you are under 18 years old. If you are under the age of 18 years, you may have your parents create a profile online in their name to arrange a membership or book services for your benefit.
2) You are not required to be over 18 years of age to connect with us on any of our social media pages (“Social Pages”) however all members of the Social Pages must comply with these terms, treat other members courteously and not do anything that would defame, embarrass or upset other members or us.
3) When registering as a member of the Site, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information, including any changes to your direct debit information. You may do this at any time by accessing your Account page on the Site, giving us a call or emailing the details to us via the Contact Us page.
5) In the event of unusual activity, we reserve the right to temporarily or permanently suspend your account and contact you, or any other relevant third party to report such unusual activity.
6) While we use reasonable endeavours to ensure that the Site are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Site may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
7) We reserve the right to change or discontinue any service or feature of the Site in whole or in part any time.
8) You may terminate your membership of the Site for any reason only by providing written notice to us. You can provide notice of termination by:
a) selecting 'cancel account' within your Account settings and following the instructions;
b) mailing it to our postal address listed on the About Us page; or
c) emailing us via the Contact Us page.
9) We reserve the right to, without limitation, do any or all of the following in relation to suspend, delete, modify, temporarily block your access to and deactivate your online profile.
10) You may join our mailing list at no cost, however, to make purchases online, you must be a create an online profile. When you choose to purchase a membership, you will be charged the membership fees by way of monthly direct debit.
13) We will use our best endeavours to offer you the Therapist of your choice whenever possible, however if your Therapist is unavailable for an appointment you have already booked (i.e. away sick that day) we will use best endeavorus to provide you with another Therapist of the same standard, or give you the option to reschedule.
14) FTI will use reasonable efforts to ensure conformity to a commensurate level of professional conduct as normally required to perform similar services, particularly with regard to such matters as appearance and behaviour, Company’s code of conduct and such other matters as required by the Client from time to time.
15) You have the option of joining one of our Annual Membership Plans (for more information go to http://nomoreknots.com.au/memberships) during which you will be entitled to (and pay for by direct debit) one or two massage sessions each month depending on the plan you select (“NMK Membership”).
16) If you are unable to attend your monthly sessions within 6 weeks of the 1st day of each month, you will forfeit the massage entitlement under your NMK Membership for that month without credit or compensation.
17) If you cannot or choose not to continue to use your NMK Membership within the first 6 months, you may transfer your membership to another person upon paying the administration fee of $20 + GST, however you will remain liable until the end of your initial 6 month period for the payments if the other person fails to set up the new direct debit and/or make the payments, whether or not they use the membership.
18) If you are more than 6 months into your membership, you just have to give 7 days’ notice and we’ll release you from the subscription from the end of that month.
19) You may assign the benefit of your treatment to another person without providing us with notice, no more than two times a year.
20) You may pause your membership for one month total in any year and this time is to be taken in no smaller blocks than 2 weeks in each case.
21) You will be responsible for payment of any fees or charges incurred in using the Direct Debit system and will comply strictly with the terms and conditions of being a customer of the Direct Debit system (which is currently Ezidebit although we reserve the right to change this at any time).
22) Your Health Fund Rebate will be process by way of a credit to your account which you may use for further treatments if you choose to swipe your Health Fund Card when you visit for you appointment. Alternatively you can elect to take your invoice to your Health Fund Provider and claim the funds back online.
23) Risk passes to you upon your payment of the goods. Therefore, you are responsible for any damage incurred during shipping and you elect to take out insurance cover or otherwise at your own risk.
24) To the extent permitted by law, we disclaim any liability for items damaged after risk has passed, where the goods are not insured, or fall outside the scope of the insurance policy.
25) To the extent permitted by law, we do not warrant that the products will be fit for purpose or of a particular merchantable quality. We do not facilitate refunds from the third party supplier for change of mind so please choose carefully.
26) When you become a Client, you are expressly agreeing to:
a) ensure all payments are made in full at the Clinic you have attended at the time of Service, or in advance using the Direct Debit system;
b) treat us and any members of NMK that you have contact with, in a courteous and respectful manner;
c) pay the administration fee charged by the Direct Debit service provider for any dishonours incurred if using the Direct Debit system and your account does not have sufficient funds;
d) pay 50% of your consultation fee where you miss appointments;
e) advise us of any issues you are having with your treatment, your engagement with any of the staff at our Clinics or any of the Therapists, or another member;
f) only post positive or non-derogatory comments on our Social Pages;
g) advise us immediately if you have sustained injury prior to, during or immediately after any receiving any Services; and
h) keep us updated with any changes to your contact details, name, physical requirements or any injuries to need to be aware of.
27) We will keep your contact information and treatment notes (“Personal Information”) in a secure manner so that no unauthorised person is able to gain access to it.
28) Where we collect your personal information, we will take reasonable steps to:
a) ensure that Personal Information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse;
b) not use Personal Information other than for the purposes of performance of the Services, and as consented to in this Agreement, unless required or authorised by law;
c) not disclose Personal Information without your consent, unless required or authorised by law;
d) ensure that only authorised personnel have access to Personal Information;
e) immediately notify you if we become aware that a disclosure of Personal Information is or may be required or authorised by law;
f) make its officers, employees and sub- contractors aware of our obligations under this clause;
g) comply with any reasonable request or direction arising from or in connection with the exercise of the functions of the Privacy Commissioner under the Privacy Act, and any guideline or regime on privacy as provided by the Client.
29) You must notify us immediately if you suspect your Personal Information may be at risk, or if you suspect another person has gained access to your online profile.
30) You agree to keep confidential any conversations you hear while at the Clinic, to respect the privacy of other members and our staff.
31) You indemnify us and its officers, employees, subcontractors, contractors, affiliates, advisors and agents (those indemnified) from and against any claim, action, demand, damage, loss, liability, cost, charge, expense, outgoing, fine or payment which any of those indemnified pays, suffers, incurs or is liable for arising out of or in connection with:
ii) any breach of law or infringement of a third party’s rights; and
iii) any act or omission of fraud, dishonesty, reckless or wilful misconduct or misrepresentation, to the extent caused or contributed to by any act or omission by you.
b) Notwithstanding any other provision of this Agreement, the liability of a Party arising under and/or in connection with this Agreement will exclude any liability for indirect or consequential loss.
32) This Agreement constitutes the entire agreement between the Parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing, in relation to its subject matter.
33) If any part of this Agreement is void or voidable, then that part is severed from this Agreement but without affecting the continued operation of the remainder of this Agreement.
34) The laws of the State of Queensland govern this Agreement and the Parties submit to the non-exclusive jurisdiction of the courts of Queensland.
35) You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
36) To the extent permitted by law, we exclude all express and implied warranties, and products and services are provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
37) Where the provision of the Services depends on your information and response, we have no liability for a failure to perform the Services in the estimated period, which is affected by your delay in response, incomplete or incorrect information.
38) You are responsible for maintaining the confidentiality and security of your login and password and for all activities that occur in your profile. You agree to immediately notify us of any unauthorised use of your login or password, and to ensure that you exit from your account at the end of each session.
40) You agree not to use the Site (or contact any other member of our Site &/or App) to:
a) defame, abuse, harass, stalk, threaten or otherwise offend others;
b) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
c) impersonate or create a profile for any person or entity;
d) promote, or provide information about, illegal activities or conduct;
e) promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
f) exploit any person under the age of 18, or to solicit information from anyone under 18; or
g) solicit money, passwords or personal information from any person.
41) We have no obligation to monitor any member's use of our Site, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
42) You agree not to post or transmit on the Site, or otherwise transmit to any other member of the Site by any other means, Content that:
a) is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
b) is false or misleading in any way;
c) infringes the rights of any third party;
d) you do not have a right to make available under any law or contractual obligation;
e) is sexually explicit or contains sexual references / innuendo;
f) pertains to group sexual activity or soliciting contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs;
g) contains restricted or password only access pages, or hidden content; or
h) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
44) We urge you to be cautious when interacting with other members of the Site. You should carefully select what you post or transmit on the Site or Social Pages, or otherwise transmit to any other member by any other means. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile. Anything you transmit or post on the Social Pages, will be considered non-confidential.
45) You agree to hold us harmless in connection with any dispute or claim that you make against any other member of the Site and/or Social Pages.
46) From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (“External Activities”). External Activities may be subject to separate terms and conditions. You acknowledge that you participate in any External Activities entirely at your own risk.
47) In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
49) From time to time, the Site may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Site and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave the Site entirely at your own risk.
50) From time to time, the Site may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
51) You acknowledge that you use the Site, our Services and the Social Pages at your own risk. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Site, or any other members' or third-party suppliers’ use of or conduct in connection with the Site, in any circumstance.
54) To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable Service or feature on the Site and/or the Social Pages provided to you during the term of your membership. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.