Terms of Use & Conditions
Last Updated: May 8, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By
using this website, you signify your consent to these terms of use. If you do not agree to
these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by TheNeuroSpa and The Athlete Group International PTY LTD (which includes theneuro spa.com, among others)(collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all content, videos, training materials, products,
services and/or other materials, made available on the Site by us or other third parties, as
well as the look and feel of all of the foregoing, (collectively referred to as the “Content”)
are maintained for your personal use and information by The NeuroSpa and The Athlete
Group International Pty Ltd, (the “Company”) and are the property of the Company and/or
its third party providers. You agree that such Company Content shall include all
proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings,
artwork, photos, documents, and text as well as all other materials included in the Site,
excluding only the materials you provide. Subject to your compliance with these Terms of
Use, the Company hereby grants you a limited license, which is non-exclusive, non-
transferable, and non-sublicensable, to access, view, and use the Site solely for your
personal purposes. No Company Content may be copied, reproduced, republished,
uploaded, posted, transmitted, distributed, used for public or commercial purposes, or
downloaded in any way unless written permission is expressly granted by the Company.
Modification of the Content or use of the Content for any other purpose is a violation of
the copyright and other proprietary rights of the Company, as well as other authors who
created the materials, and may be subject to monetary damages and penalties. You may
not distribute, modify, transmit or use the content of the Site or any Content, including
any and all software, tools, graphics and/or sound files, for public or commercial
purposes without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other
materials contained in the Site, are copyrighted unless otherwise noted and are the
property of the Company and/or a supplier to the Company. No such materials may be
used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used
in the Company Content and contained in the Site, are either the property of, or used with
permission by, the Company. The use of Content by you is strictly prohibited unless
specifically permitted by these Terms of Use. Any unauthorized use of Content may
violate the copyright, trademark, and other proprietary rights of the Company and/or third
parties, as well as the laws of privacy and publicity, and other regulations and statutes.
Nothing contained in this Agreement or in the Site shall be construed as granting, by
implication or otherwise, any license or right to use any Trademark or other proprietary
information without the express written consent of the Company or third party owner. The
Company respects the copyright, trademark and all other intellectual property rights of
others. The Company has the right, but has no obligation, to remove content and
accounts containing materials that it deems, in its sole discretion, to be unlawful,
offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these Terms of Use. If you
believe that your intellectual property rights are being violated and/or that any work
belonging to you has been reproduced on the Site or in any Content in any way, you may
notify Company at support@theneuro-spa.com. Please provide your name and contact
information, the nature of your work and how it is being violated, all relevant copyright
and/or trademark registration information, the location/URL of the violation, and any other
information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date
information in the Site, the Company makes no warranties or representations as to its
accuracy. The Company assumes no liability or responsibility for any errors or omissions
in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive
any notices, announcements, agreements, disclosures, reports, documents,
communications concerning new products or services, or other records or
correspondence from the Company. You consent to receive notices electronically by way
of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but
not limited to, notes, text, drawings, images, designs or computer programs, such
submissions shall become, and shall remain, the sole property of the Company. No
submission shall be subject to any obligation of confidence on the part of the Company.
The Company shall exclusively own all rights to (including intellectual property rights
thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all
such submissions for any purpose, commercial or otherwise without any
acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access
to our data and files. However no system whether or not password protected can be
entirely impenetrable. You acknowledge that it may be possible for an unauthorized third
party to access, view, copy, modify, or distribute the data and files you store using the
Site. Use of the Site is completely at your own risk.
8. The Company will not intentionally disclose any personally identifying information about
you to third parties, except where the Company, in good faith, believes such disclosure is
necessary to comply with the law or enforce these Terms of Use. By using the Site, you
signify your acceptance of the Company’s Privacy Policy, If you do not agree with this Privacy Policy, in
whole or part, please do not use this Site.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE
SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR
ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL
CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE
OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S
NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S
EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING
THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL
RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS
EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS
ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR
EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM,
IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES,
YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL
INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME
LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE
FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME
ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR
CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY
PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE
OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED
SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that
the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the
above exclusions may thus not apply to you.
10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR
SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY
SERVICE PROVIDER (including, for example, your web service provider service, Stripe
payment services, your software and/or any updates or upgrades to that software). ANY
SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN
YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN
ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH
MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO
LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR
ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE
TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS
OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO
THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO
ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO
DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE
FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE
DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/
OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE
COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND,
DEPENDING ON THE PROGRAMS REFUND POLICY PROVIDED DURING PURCHASE
WHICH CAN VARY FROM SEVEN (7) TO THIRTY (30) DAYS AFTER YOUR PAYMENT
FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE
COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF
THE REASON FOR DISRUPTION. IF THE REFUND POLICY IS NOT PROVIDED DURING
PURCHASE, THE COMPANY WILL DEFER TO THE THIRTY (30) DAY REFUND POLICY.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER
FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF
PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR
GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR
SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY
DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY
TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER
WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION
WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE
POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers
employees, and agents, harmless from any and all liabilities, claims, damages and
expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach
of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any
materials, information, works and/or other content of whatever nature or media that you
post or share on or through the Site, (iv) your use of the Site or any services that the
Company may provide via the Site, and (v) your conduct in connection with the Site or the
services or with other users of the Site or the services. The Company reserves the right to
assume the exclusive defense of any claim for which we are entitled to indemnification
under this Section. In such event, you shall provide the Company with such cooperation
as is reasonably requested by the Company.
13. The provisions of these Terms of Use are for the benefit of the Company, its
subsidiaries, affiliates and its third party content providers and licensors, and each shall
have the right to assert and enforce such provisions directly or on its own behalf.
14. By purchasing any www.theneuro-spa.com Product, Program or Service you
automatically grant the irrevocable and unrestricted right to use and publish photographs
and recordings of yourself, or in which you may be included, or editorial, trade,
advertising, and any other purpose an in any manner and medium: and to alter and
composite the same without restriction and without my inspection or approval. You
release The NeuroSpa and it’s consultants and his/her legal representative and assigns
from all claims and liability relating to said photographs and recordings
15. This agreement shall be governed by and construed in accordance with the laws of
Australia, without giving effect to any principles of conflicts of law. You further submit to
the exclusive jurisdiction of the state and federal courts sitting in Australia. If any provision
of this agreement shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this agreement and shall not affect the validity
and enforceability of any remaining provisions.
16. These Terms of Use may be revised from time to time by updating this posting. You
are bound by any such revisions and should therefore periodically visit this page to review
the then current Terms of Use to which you are bound.
17. Cancellations: Scheudled appointments that are cancelled less than 24 hour to the
appointment time will be charged in full unless booked in to a later date.