OPEN Program Terms of Use

1. Important information

Under the Fair Trading Act 1987 (NSW), we are required to let you know of provisions in these Terms of Use that may substantially prejudice your interests. A summary of these provisions is as follows:

• Clause 7 (Important disclaimers): We make the OPEN Program available to you on an “as is” basis to the maximum extent permitted by law because of how components of the OPEN Program have been licensed to us. The OPEN Program materials are of general application only. You are responsible for exercising your skill and judgement in using any part of the OPEN Program, including in the treatment of any particular individual. We do not guarantee your access to the OPEN Program will be error free or free of viruses or other harmful components and are not responsible for data loss, corruption or interception if it occurs outside of our computer systems. We can also change the OPEN Program from time to time and may not notify you.
• Clause 10 (Liability): You may have rights under the Australian Consumer Law that we cannot exclude, but to the extent we can, we limit your remedy for a breach of those rights to (at our option) replacement or resupply of the OPEN Program or paying the cost of doing so. We cap our liability to you, except where we have been grossly negligent or have engaged in wilful misconduct, at the greater of:
  • the fees paid by you or your Sponsor for your use of the OPEN Program; and
  • $100,
  but you cannot claim any special, indirect, consequential, incidental or punitive damages or other losses that we expressly specify in that clause from us. There is no cap on your liability to us because of the fundamental nature of the OPEN Program to our operations and the substantial losses and other harm we and our licensors could suffer if you misuse the OPEN Program or otherwise breach these Terms of Use. However, each party’s liability is reduced to the extent caused by the other.
• Clause 11 (Privacy and disclosure of your details): We may disclose your details to our licensors as part of our reporting obligations to them, your Sponsor, and any other person who may have referred you to us for the purpose of acquiring a subscription, whether on a discounted basis or otherwise. We may also permit our licensors to audit our records in relation to our licensing of the OPEN Program, including these Terms of Use.
• Clause 13 (Suspension and termination): We may terminate these Terms of Use in circumstances beyond your control, such as where our agreement with our licensors in relation to any part of the OPEN Program terminates, expires or is invalid for any reason or we stop providing the OPEN Program. In some circumstances you may be entitled to a refund if we stop providing the OPEN Program.

2. Introduction

OPEN (OPEN, we, us and our) operates the OPEN Program. Your access to and use of the OPEN Program is subject to these Terms of Use.

These Terms of Use set out the legally binding agreement between you (as the person becoming a Subscriber to the OPEN Program) and OPEN. By becoming a Subscriber, you acknowledge that you have read and understood and agree to be bound by these Terms of Use.

We may revise these Terms of Use from time to time. We will notify you when any revisions have been made by email during the Term and by publishing them on our website https://openpaintraining.com/. If you do not agree to the revised Terms of Use, then you may terminate these Terms of Use in accordance with clause 13(d), and if you do so within the first 12 months of your subscription and your subscription is a paid subscription, we will provide you (or your Sponsor, where they have paid for your subscription) with a refund pro rated having regard to the proportion of the parts of the OPEN Program that you subscribed to which you have not completed as at the effective date of termination and according to how far through that 12 month period such termination occurs. Accordingly, if you completed all of the parts of the OPEN Program that you had subscribed to by the effective date of termination, you would not be eligible for a refund. Your continued use of the OPEN Program after any revisions have come into effect, will constitute your acceptance of the revised Terms of Use.

These Terms of Use were last updated on 10th December 2026.

3. The OPEN Program

The OPEN Program is a modular, interdisciplinary e-learning program designed to educate users and assist in research activity in relation to pain management, that is made available by OPEN via its website.

As a Subscriber, you can access and use the OPEN Program as set out in these Terms of Use.

4. Registration and your Account

4.1 Eligibility criteria

You are only eligible to become a Subscriber if you:

• are 16 years of age or older;
• are not engaged in the manufacture or supply of tobacco or pornography, employed by or contracted to any organisation that does, or own or previously have owned a material interest in any organisation that does;
• have not received widespread public criticism of your conduct in connection with human rights, reconciliation with Aboriginal and Torres Strait Islander communities, cultures and families, child labour, anti-competitive practices, or environmental responsibility; and
• are located in Australia. At this time, OPEN is not accepting Subscribers located overseas.

4.2 Signing up to use the OPEN Program

In order to become a Subscriber, you must:

• confirm that you meet the eligibility criteria in clause 4.1;
• have:
  • completed our application procedure, including having paid the subscription fee on the OPEN website, and we have accepted your application for subscription;
  • had a subscription paid or organised for you (for example, by your employer) (such person being your Sponsor); or
  • otherwise have been separately granted a subscription by us in writing; and
• register and create an Account with us to access and use the OPEN Program.

When you register an Account with us you represent that you meet the eligibility criteria in clause 4.1. You must promptly notify us if, at any time during the Term, you cease to meet the eligibility criteria in clause 4.1.

4.3 Subscriber information

As a Subscriber, you need to set up a profile by giving us certain information, which we will refer to as your Account.

You must keep your Account login details and password secure and must not share your login details or password with any other person. If you believe your Account has been improperly accessed, you must notify us immediately by email to info@openpaintraining.com.

You are responsible for all activity on your Account, unless:

• it has occurred due to our negligence or wilful misconduct; or
• you have notified us of any improper access to your Account and we have been provided with a reasonable period of time to replace your Account login details.

We may require you to update your password from time to time. If you have forgotten your password, you can reset your password by emailing our support team at info@openpaintraining.com. If you have any other problem with your Account or the OPEN Program, please contact our support team by email to info@openpaintraining.com.

5. Term

Once you have become a Subscriber, these Terms of Use will continue in perpetuity, unless terminated in accordance with its terms (Term).

6. Access to the OPEN Program

6.1 General acknowledgement

All copyright and other intellectual property rights subsisting in the OPEN Program are owned by us or our licensors, and protected by the laws of Australia and other countries.

Online Pain Education Network Limited acknowledges that the OPEN Program has been created or funded by, and/or is derived from the contributions of, the following persons: Department of Health, Disability and Ageing, Australian Government, University of Sydney, Curtin University, Northern Sydney Local Health District, Michael Nicholas, Simone De Morgan, Duncan Sanders, Elizabeth Devonshire, Fiona Blyth, Paul Wrigley, Rita Ronnie, Helen Slater, Rob Schütze, Peter O’Sullivan, Andrew Briggs, Rebecca Martin, Genevieve Anderson, Melana Votrubik, Ali Askari, Roger Goucke, Wayne Morriss, Simon Holliday, Australian Commission of Safety, Quality & Health Care, Pain Management Research Services Pty Ltd (ACN 121 850 879), Pain Foundation Limited (ABN 87 072 480 123), TDM Charitable Foundation (ABN 17 751 794 830), TDM Growth Partners Pty Ltd (ACN 133 246 330), Hearts and Minds Investments Limited (ACN 628 753 220) and L.H Procko & C Stewart trading as With Soul Studio.

Clause 6.2 applies to your access and use of the OPEN Program, except materials referenced in clause 6.3 which are licensed on the terms stated in that clause.

6.2 Licence grant

Subscribers before 10th December 2026

If you became a subscriber before 10th December 2026, you were granted a limited, non-exclusive and non-transferable licence during the Term to view and listen to the OPEN Program, as displayed on and in the form in which it is available on our website, for your personal educational purposes and such other purposes (if any) that we may agree with you or your Sponsor in writing.

You must not copy (including by way of downloading or the taking of any screenshot), reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, extract, modify or publish, or otherwise use any part of the OPEN Program, except as permitted by law or with our prior written consent.

Subscribers on or after 10th December 2026

If you became a subscriber on or after 10th December 2026, we grant you a limited, non-exclusive and non-transferable licence during the Term to view and listen to the specific Awards of the OPEN Program that you subscribed to, as displayed on and in the form in which it is available on our website, for your personal educational purposes and such other purposes (if any) that we may agree with you or your Sponsor in writing.

For this purpose, an “Award” is a component of the OPEN Program that is made available by OPEN as a separate award, such as ‘Award 1 Essential Pain Management’ or ‘Award 2 Preparing For Pain Self-Management’ (as may be re-named or otherwise updated by OPEN from time to time).

You may be able to subscribe to multiple Awards for a single subscription price. For example, as at the date of these Terms of Use, Awards 1 to 4 are made available for a single subscription price, unless otherwise agreed with a Sponsor, but this may change over time (without OPEN updating these Terms of Use).

You must not copy (including by way of downloading or the taking of any screenshot), reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, extract, modify or publish, or otherwise use any part of the OPEN Program, except as permitted by law or with our prior written consent.

6.3 Alternative terms

The following material is licensed on the terms set out in the table below, to the exclusion of all other provisions of these Terms of Use where they would be inconsistent with the requirements of those terms. No fees charged by OPEN in connection with the OPEN Program are attributable to the materials set out in the table below.

7. Important disclaimers

• The OPEN Program materials are of general application only, and has not been prepared with any particular individual’s circumstances, injuries, illness or diagnosis in mind. You remain responsible at all times for exercising your skill and judgement in using any part of the OPEN Program including (where applicable) in the treatment of any particular individual.
• Subject to clause 10.1 and to the maximum extent permitted by law, OPEN:
  • provides the OPEN Program “as is” basis; and
  • makes no representation or warranty (express or implied) as to the accuracy, content, legality, non-infringement, absence of defects or errors, or completeness of the OPEN Program.

  This is because of how components of the OPEN Program have been licensed to us. However:

  • as the date of these OPEN Program Terms of Use, we are not aware of any claims by a third party that the OPEN Program infringes their rights; and
  • if we become aware during the Term that the OPEN Program contains errors or inaccuracies, we will use reasonable endeavours to correct or withdraw the impacted content within a reasonable time.
• While we endeavour to provide a functional service, we do not guarantee that your requirements will be met or that your use of the OPEN Program will be uninterrupted, error free or that the OPEN Program is free of viruses or other harmful components. We will not be responsible for any loss, corruption or interception of data sent to or from our OPEN Program which occurs outside of our computer systems (such as those which occur while being sent over the internet). We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your device.
• We may from time to time and without notice modify or stop providing, temporarily or permanently, all or any part of the OPEN Program, including to improve and make amendments to features or functionality of the OPEN Program.

  If we stop providing an Award that you have subscribed to and:

  • we do so within the first 12 months of your subscription; and
  • your subscription is a paid subscription; and
  • you have not completed the Award as at the effective date we stop providing the Award,

  we will provide you (or your Sponsor, where they have paid for your subscription) with a refund pro rated having regard to the amount paid for the subscription to the Award (or, where a discrete amount was not paid, the amount paid that we reasonably attribute to the Award) and how far through that 12 month period we stop providing the Award.

8. Infringement claims

You must notify us if you become aware of any actual, threatened or suspected infringement of any of the copyright or other intellectual property rights in the OPEN Program. We may choose to bring a claim to prevent infringement of our or our licensor’s rights in the OPEN Program and to recover damages for such infringement. If we request, you must provide us with all non-monetary assistance reasonably required by us in relation to the claim. OPEN and our licensors will be entitled to any damages recovered by OPEN and our licensors in relation to the claim.

9. Feedback and data use

OPEN may use, copy, modify, and otherwise exploit any feedback, suggestions, comments, or other input you may provide in connection with the OPEN Program, for any purpose, including to improve the OPEN Program, without any obligation to compensate, acknowledge, or attribute such feedback to you. You must ensure that any feedback you provide does not contain confidential information or infringe the rights of any third party. All rights, title, and interest in any improvements or modifications to the OPEN Program arising from such feedback will vest in OPEN.

In addition to our rights at clause 11, OPEN may use data collected or generated in connection with your use (and, if applicable, your Sponsor’s use) of the OPEN Program, provided that such data is anonymised so that it does not identify any individual or the Sponsor, for the purposes of analytics, reporting, research, and program improvement. OPEN will not use or disclose such data in a manner that would permit the identification of you or (if applicable) your Sponsor.

10. Liability

10.1 Non-excludable provisions

Nothing in these Terms of Use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Use under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a Non-Excludable Provision), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:

• in the case of goods, 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; or
• in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

10.2 Limitation of liability

Subject to our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law:

• we are not liable to you for, and no measure of damages will, under any circumstances, include special, indirect, consequential, incidental or punitive damages, or damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage; and
• our maximum aggregate liability to you for all claims under or in connection with these Terms of Use or their subject matter, whether in contract, tort (including negligence), in equity, under statute or on any other basis, but excluding in the case of our gross negligence or wilful misconduct, is limited to the greater of:
  • the fees paid by you or your Sponsor for your use of the OPEN Program; and
  • $100.

Other than as expressly set out in this clause 10.2, these Terms of Use do not limit your liability to us under these Terms of Use because the OPEN Program is fundamental to our operations and misuse of the OPEN Program or other breach of these Terms of Use by you could cause us and our licensors significant financial, reputational and other harm.

Any liability a party owes to the other under these Terms of Use will be reduced to the extent that the other party’s acts or omissions contribute to or cause the loss or liability.

11. Privacy and disclosure of your details

You may provide us with personal information through your use of the OPEN Program. Our privacy policy is available on our website https://openpaintraining.com/privacy-policy/.

By becoming a Subscriber:

• we may send you communications in relation to OPEN and the OPEN Program, and other information that we believe may be of interest to you given the nature of the OPEN Program, including our newsletter. If you do not wish to receive such messages, you may opt-out of them by emailing us at info@openpaintraining.com, or using any opt-out functionality that we may provide. Please note, however, that we may still send you service-related messages despite any opt-out; and
• we may disclose your details (including OPEN Program progress and completion status) to our licensors as part of our reporting obligations to them, your Sponsor, and any other person who may have referred you to us for the purpose of acquiring a subscription, whether on a discounted basis or otherwise. We may also permit our licensors to audit our records in relation to our licensing of the OPEN Program, including these Terms of Use.

12. Third-party websites

The OPEN Program may contain links to other third-party websites or services. OPEN does not control and is not responsible for any third-party websites or services you may visit or be directed to in connection with the OPEN Program. We recommend that you review the terms of use and privacy policies of each third-party website or service you engage with.

13. Suspension and termination

• We may suspend your subscription if you breach, or we reasonably suspect you have breached, any of these Terms of Use, until we are reasonably satisfied that you have stopped or remedied the breach.
• A party may terminate these Terms of Use if the other party:
  • materially breaches these Terms of Use and, where that failure is capable of remedy, fails to remedy the breach within 7 days of the first party’s notice specifying the failure and requiring it to be remedied; or
  • suffers an Insolvency Event.
• We may also terminate these Terms of Use if:
  • your subscription was not validly obtained or paid for, for example if you registered using means intended for another person, there was an obvious pricing or other error in the subscription or registration process, or your payment has been declined or reversed for any reason;
  • you do not meet the eligibility criteria in clause 4.1, including because of any changes in your circumstances that occur during the Term;
  • your subscription was paid or organised for you by a Sponsor, and we are entitled or required to do so under our arrangements with your Sponsor, or our arrangement with your Sponsor has expired or terminated;
  • your subscription was granted by us in writing as contemplated by clause 4.2(b)(iii), and the terms of that grant permit us to do so, or that grant has expired or terminated;
  • you share your login and password details with any other person;
  • our agreement with any of our licensors in relation to any part of the OPEN Program terminates, expires or is invalid for any reason;
  • any of our licensors considers your use of any part of the OPEN Program misuses the OPEN Program or that you are engaging in unethical practices, misrepresentation or doing anything that adversely affects the reputation of that licensor;
  • any claim is made against us in relation to the OPEN Program, including that the OPEN Program or our licensing of it infringes the intellectual property rights of a third party; or
  • we stop providing the OPEN Program in its entirety. If we do so within the first 12 months of your subscription, your subscription is a paid subscription, and we have remaining funds after deducting our anticipated costs of winding up the OPEN Program, we will provide you (or your Sponsor, where they have paid for your subscription) a refund pro rated having regard to the proportion of the parts of the OPEN Program that you subscribed to which you have not completed as at the effective date of termination, the funds we have remaining to be distributed among all Subscribers similarly entitled to a refund, and how far through that 12 month period the termination occurred. This arrangement is necessary because we are a not for profit organisation, and do not operate with a view to generating and retaining profits.
• You may also terminate these Terms of Use at any time by notice to us.
• Upon termination of these Terms of Use for any reason, your subscription will end, you must immediately stop accessing and using the OPEN Program, and we may deny you access to your Account and the OPEN Program.
• Termination or expiry of these Terms of Use does not affect any party’s accrued rights or remedies.

14. Notices

• We will provide any notices to you by email to the email address associated with your Account. You must ensure that the email address associated with your Account remains current and is able to receive emails from us. You can update your email address by emailing our support team at info@openpaintraining.com.
• If you need to send us a notice, you can do so by email to info@openpaintraining.com.
• All notices sent by a party will be regarded as received on the day it is actually received, but if it is received on a day that is not a Business Day or after 5.00 pm on a Business Day it is regarded as received at 9.00am on the following Business Day. An email will be taken to have been received even if the sender receives a bounce-back advising that the amount could not be delivered, however in such circumstances the sender must attempt to re-send the email within a week of receiving the bounce-back.

15. General

• Neither party will be liable for any failure or delay in performing any of its obligations under these Terms of Use if such delay is caused by circumstances beyond that party’s reasonable control.
• These Terms of Use are governed by the laws of New South Wales, Australia. If you are resident in Australia, each party submits to the non-exclusive jurisdiction of the courts of the State or Territory in which you ordinarily reside. If you are not resident in Australia, each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
• A party must not assign or novate these Terms of Use or otherwise deal with the benefit of it or a right under it, or purport to do so, without the prior written consent of the other party. We may, however, assign or novate these Terms of Use to any other organisation that becomes responsible for operating or providing the OPEN Program, by giving you notice accordingly.
• These Terms of Use are the entire agreement between the parties about its subject matter and replaces all previous agreements, understandings, representations and warranties about that subject matter. Each party represents and warrants that it has not relied on any representations or warranties about the subject matter of these Terms of Use except as expressly provided in these Terms of Use. However, nothing in this paragraph (d) limits a party's liability for representations or other communications made to the other party, where by law such liability cannot be excluded.
• Clauses 7, 8, 10, 13(e), 13(f), 14, 15 and 16, together with any other provision which by its nature survives termination or expiry of these Terms of Use, will survive termination or expiry of these Terms of Use for any reason.
• Any term of these Terms of Use which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these Terms of Use is not affected.
• No waiver of a right or remedy under these Terms of Use is effective unless it is in writing and signed by the party granting it. It is only effective in the specific instance and for the specific purpose for which it is granted. A single or partial exercise of, or failure to exercise or delay in exercising, a right or remedy under these Terms of Use does not operate as a waiver or prevent further exercise of that or of any other right or remedy.
• Except as expressly provided in these Terms of Use, the rights of a party under these Terms of Use are in addition to and do not exclude or limit any other rights or remedies provided by law.
• No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this agreement or any part of it.

16. Definitions and interpretation

16.1 Definitions

• Account means a unique account created by you to access and use the OPEN Program.
• Award has the meaning given in clause 6.2.
• Business Day means a day on which banks are open for business excluding Saturdays, Sundays and public holidays in Sydney, Australia (or, for the purposes of giving or receiving notices, the place where the party receiving the notice is located).
• Insolvency Event means the occurrence of any one or more of the following events in relation to a party:
  • if that party is an individual, it becomes bankrupt;
  • if that party is not an individual:
    • an order is made or an effective resolution is passed for winding up or dissolution without winding up (other than for the purposes of solvent reconstruction or amalgamation) of that party and the order or resolution remains in effect for a continuous period of 7 Business Days;
    • a controller, receiver, receiver and manager, official manager, administrator, provisional liquidator, liquidator, or like official is appointed over the whole or substantial part of the undertaking and property of that party and the appointment remains in effect for a continuous period of 7 Business Days;
    • a holder of an encumbrance takes possession of the whole or any substantial part of the undertaking and property of that party;
    • that party is unable to pay its debts as they fall due;
    • that party becomes insolvent or is deemed to become insolvent under any applicable law; or
    • that party ceases to carry on business or threatens to do so.
• Non-Excludable Provision has the meaning given in clause 10.1.
• OPEN means Online Pain Education Network Limited (ABN 95 690 557 236). Also referred to as “we”, “us” or “our” in these Terms of Use.
• OPEN Program has the meaning given in clause 3, and includes any videos, audio, recordings, photographs, other images, text and other information contained within that program.
• Sponsor has the meaning given in clause 4.2(b)(ii).
• Subscriber means the person who has become a subscriber as described in clause 4.2. Also referred to as “you” or “your” in these Terms of Use.
• Term has the meaning given in clause 5.
• Terms of Use means these OPEN Program Terms of Use, as updated from time to time.

16.2 Interpretation

In these Terms of Use, the following rules of interpretation apply, unless the contrary intention appears:

• headings are for convenience only and do not affect the interpretation of these Terms of Use;
• the singular includes the plural and vice versa;
• words that are gender neutral or gender specific include each gender;
• where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
• the words 'such as', 'including', 'particularly' and similar expressions are not used as, nor are intended to be, interpreted as words of limitation;
• a reference to:
  • a person includes a natural person, partnership, joint venture, government agency, association, corporation or other body corporate;
  • a thing (including, but not limited to, a chose in action or other right) includes a part of that thing;
  • a party includes its successors and permitted assigns; and
  • a monetary amount is to Australian dollars;
• when the day on which something must be done is not a Business Day, that thing must be done on the following Business Day; and
• no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms of Use or any part of it.

Contact Us

If you have any questions about these Terms of Use, you can contact us by email at info@openpaintraining.com.