Website Terms

1. Introduction

Thank you for visiting our website. This website is operated by Online Pain Education Network Limited (ABN 95 690 557 236) (OPEN, we, us and our). Please read these website terms (Terms) carefully, as they apply to your use of this website and any content on it (the Website).

References in these Terms to the Website do not, however, including our modular, interdisciplinary e-learning program designed to educate users and assist in research activity in relation to pain management (the OPEN Program). Access to and use of the OPEN Program is restricted to subscribers only, and such access and use is subject to our separate OPEN Program Terms of Use.

By accessing or using the Website you agree to be bound by these Terms. You should immediately cease using the Website if you do not agree to these Terms.

We may revise these Terms from time to time. We will display a notice on the Website indicating when any such revisions have been made. These Terms were last updated on 23 September 2025.

2. Use of content on the Website

The Website is subject to copyright and possibly other intellectual property rights.

We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.

We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated.

Except as provided in these Terms, any use or copying of the Website for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at info@openpaintraining.com if you wish to seek such consent.

Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny your access to or use of the Website without notice if you breach, or we reasonably believe you have breached, any of these Terms or the OPEN Program Terms of Use.

3. Linking to this Website

We encourage you to provide links to the Website. While you may use the name "OPEN" in the text of any such link, you may not use the OPEN logo or any of our other trade marks without our prior written consent.

You must not frame this Website or represent or imply that any part of the Website belongs to anyone other than us.

If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.

4. Applying for a subscription

4.1 Application

This clause 4 applies unless you have had a subscription paid or organised for you (for example, by your employer), or otherwise have been separately granted a subscription by us in writing.

4.2 Application procedure

1. When you apply for a subscription to the OPEN Program, you are making an offer to become a subscriber to the OPEN Program:
   1. for the subscription fee displayed on the Website (including any additional surcharges and taxes) at the time you place the order. All amounts are stated in Australian dollars, and include Australian GST (where applicable); and
   2. in accordance with the OPEN Program Terms of Use.
2. Certain codes or links to be used for subscription applications may be intended for particular individuals or groups of them. You must only use such codes or links if you are an intended user of them.
3. No contract for access and use of the OPEN Program will come into existence until your order has been reviewed and accepted by us, and we have notified you of such acceptance. You will be notified whether your order has been accepted or declined as soon as reasonably practicable.

4.3 Payment

You will be required to pay for your subscription by the payment methods specified on the Website or otherwise accepted by us from time to time. We may process the transaction prior to acceptance of your application. A surcharge may apply for the use of certain credit cards, and where this is the case this will also be notified before your order is placed. If we do not accept your application, we will refund any payment that we have processed, including any surcharge.

5. General restrictions

In using the Website and applying or registering for the OPEN Program, you must not:

• provide us with inaccurate or incomplete information;
• violate any applicable laws, or use the Website for any purpose that is unlawful;
• distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
• collect or store data about other users of the Website; or
• engage in any other conduct that inhibits any other person from using or enjoying the Website.

6. Warranties and liability

All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms and the Website that are not contained in these Terms, are excluded to the maximum extent permitted by law.

In particular, and without limiting paragraph (a):

• while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
• we cannot be responsible for any loss, corruption or interception of data sent to or from our Website 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 computer.

Nothing in these Terms 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, term, condition or warranty is implied into these Terms 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:

1. 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
2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

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

1. 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
2. our maximum aggregate liability for all claims under or relating to these Terms of Use 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 AUD$100.

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

7. Variation of the Website

We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.

8. General

1. Neither party will be liable for any failure or delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond that party's reasonable control.
2. These Terms 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.
3. If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
4. These Terms 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 except as expressly provided in these Terms. 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.
5. No waiver of a right or remedy under these Terms 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.
6. A single or partial exercise of, or failure to exercise or delay in exercising, a right or remedy under these Terms does not operate as a waiver or prevent further exercise of that or of any other right or remedy.
7. Except as expressly provided in these Terms, 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.
8. 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.