Australian Institute of Lymphoedema

Website Terms of Use

Last updated 15th July 2021

Our goal is to provide the public, patients and health practitioners with access to quality information and education on the detection, management and treatment of lymphoedema. We believe quality, relevant information can positively impact the lives of those at risk of lymphoedema and those living with lymphoedema. We strive to build a community of like-minded health patients and practitioners working together to improve awareness of lymphoedema.

Our website is intended for use by residents within Australia. If you access our website or services outside of these jurisdictions, we may not be able to provide all of our services or inclusions, our information may not be compliant with practises or approaches where you live and the privacy laws we are bound by may be different to yours. 

By using our website, you are agreeing to be automatically bound by these terms of use, including our privacy policy and any other legal terms or policies displayed on our website. We encourage you to carefully read and understand these terms before using our website or any of our services. If you don’t agree, your remedy is to stop using our website.

We may update our terms from time to time. We have included a ‘last updated’ date at the top of these terms to help you keep track of changes and we recommend you check back regularly for updates. Updates will take effect from the date they are posted to our website and your continued use of our website or services after that date will indicate your acceptance of the updates.

Terminology

  1. The Australian Institute of Lymphoedema Pty Ltd ABN 40 168 456 040 (referred to in these terms as ‘we’, ‘our’ or ‘us’) makes online services available to you via www.instituteoflymphoedema.com.au, www.helponline.com.au, lymphoedema.thinkific.com, and our social media accounts on Facebook, Instagram, Youtube and LinkedIn (collectively called ‘our website’ in these terms).
    When we refer to ‘you’ or ‘yours’ in these terms, we mean you, a user of our website.
    When we refer to ‘services’ we mean the courses available on our website as well as any other services, subscriptions, products or features made available from our website.
  2. What is HELP Online?
    HELP Online stands for Health Education on Lymphoedema for Patients Online and is one of the Australian Institute of Lymphoedema’s projects aiming to help educate patients and practitioners on lymphoedema. 

Feedback, questions or concerns

If you have any questions, comments or concerns, please contact hello@instituteoflymphoedema.com.au and we will usually respond to all enquiries within seven business days.

What if I need to speak to someone? Please note that we are not able to provide individual health advice through general email enquiries. Just as a Doctor could not provide personal health related advise through emails without consulting with their patient, we also cannot consult via emails. If you wish to speak to Andrea Mangion, Titled Cancer and Lymphoedema Physiotherapist, in regards to your lymphoedema you are able to book a telehealth service via the following website: https://my.powerdiary.com/clientportal/telehealthlymphoedema

No unlawful or prohibited use

As a condition of your use of our website, you warrant that you will not use our website for any purpose that is unlawful or prohibited by these terms of use. You may not use our website in any manner which could damage, disable, overburden, or impair our website or interfere with any other party’s use and enjoyment of our website. You agree not to hack into areas of our website that are not intentionally made available to you.

You expressly agree:

  • you will not use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” to help your own business. We ask that you respect the privacy of all members of our social media community, forums or groups
  • you will not engage in any internal or external spamming, or other similar actions
  • you will not engage in any unlawful or immoral acts, or acts which are in violation of these terms of use
  • you will not decompile, reverse engineer, or try to copy or imitate our website or underlying content
  • you will not use our website or services in manner that may cause harm to our business or business reputation or to any other person

Medical disclaimer for the public

Our website and courses are for educational purposes only and aim to deliver information about the detection, early identification, and management of lymphoedema. The content of our website and courses has not been specifically tailored to your personal circumstances and we do not warrant the content is suitable for your use. Use of our website and courses does not replace medical attention. If you suspect or know that your condition requires medical attention, you must immediately seek help from a medical professional. You must not discontinue any medical treatment, go against medical advice or delay seeking medical attention based on information we provide.

We do not endorse nor recommend the purchase of any products that you see on our website or see demonstrated in our courses. These products have been included for information purposes only, to make you aware of lymphoedema products that are available. You must do your own independent research and assess any products for your own suitability, including any adverse implications, prior to purchasing or using them.

We do not warrant after using our services that you will be able to prevent, identify or improve lymphoedema or any other medical condition. Our services are not to be used to self-diagnose any condition. Patient case studies and scientific research results described on our website or within our courses are only for demonstration and information purposes and the information provided may not be appropriate to you or your circumstances. You may not achieve the same results as others.

We encourage you to seek qualified professional help early for the best outcomes. Your doctor or qualified lymphoedema therapist can provide individual medical advice specific to your health needs. They can discuss with you the possibilities for prevention, risk reduction, diagnosis, and treatment of lymphoedema or other medical conditions.

Use by minors

Our website and services are not intended to be used by minors under the age of 18. You may not register an account on our website, subscribe to our newsletter or purchase services if you are under 18.

Links disclaimer

Our website may contain links to other websites (‘linked sites’). The linked sites are not under our control and we are not responsible for the contents of a linked site. We are not responsible for any form of transmission received from any linked site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

Promoted services – disclaimer

If we promote third party products or services via our website, it may be because they have provided sponsorship or donations or supported us in some other way. You must exercise your own judgement based upon your own personal circumstances before purchasing third party products or services.

Copyright, trademarks and other intellectual property

We own the intellectual property rights in, or have permission to use or display, all content on our website and in the services we provide. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements or other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website or services content in whole or in part except as expressly authorised by us.

If you are interested in sharing or promoting our work, please contact andrea@instituteoflymphoedema.com.au to enquire about permission to reproduce any of the contents of our website.

Images and item descriptions posted on our website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

The names of actual companies and products mentioned on our website may be the trademarks of their respective owners. Any example companies, organizations, products, people and events depicted on our website are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Permission

If we make any product or information available for download, you may access, download, or print one copy only of this material for your personal use. Sharing without prior permission is expressly prohibited. To be clear, health professionals printing our content and sharing with patients or others without permission is also prohibited. You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot resell our services or copyright material without our express written permission. You agree not to change or delete any copyright or proprietary notice from any materials downloaded.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website or services content or our intellectual property. Specifically, you may not use all or part of our business name or logo, or confusingly similar names or logos, for your own use including to register a domain name, business name or trademark or similar interest.

Your content

You warrant that you hold the necessary rights and interests to use any information or material (including images and personal information) you add to our website or social media pages (called ‘your content’) and that no part of your content infringes any third party confidentiality, privacy or intellectual property rights, including copyright and trade mark rights.

By submitting your content to our website or social media pages you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for our business purposes and for the purpose of providing services to you, now or in the future. We will not use your content for any other purpose. You indemnify us against any claims made for breach of confidentiality, privacy or intellectual property rights in respect of your content.

At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms of use or our social media platform rules. We are not obliged to return any of your content to you under any circumstances.

Copyright infringement

If believe that there is material on our website that infringes third party intellectual property rights, please contact andrea@instituteoflymphoedema.com.au with sufficient information to enable us to determine who is the owner of the intellectual property. If we form the reasonable belief that there has been an infringement, then we will remove it from our website.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

Opening an account

If you subscribe to our services, you will be prompted to complete registration of a user account on our website. When setting up your account, you agree:

  • to provide true, correct and complete information and to keep this information up-to-date
  • to keep your log-in and password information secure and not to share your log-in access with any other person

Based on IP tracking, if we form the reasonable belief that you are allowing others to use your login information, we reserve the right to terminate your account without notice to you. If this happens, you will no longer be able to access purchased or subscribed services, you will not receive a refund of any amounts paid and we may not allow you to open another account in the future.

Our online course products

Products, services and prices displayed on our website are subject to change from time to time and we reserve the right to remove content, amend content or discontinue courses or our website at any time. We will endeavour to provide reasonable notice if we plan to remove a course or our website.

If we plan to change a price for a subscription service and you do not agree with the price increase, we will provide sufficient notice to allow you to discontinue a subscription rather than continuing with the higher amount. Courses can be purchased via our website using our payment platform. 

CANdetect and CANmanage for patients includes a 12 month subscription from the date of purchase with access granted via lymphoedema.thinkific.com. Your access will automatically terminate at the end of the subscription period. We do not automatically debit you for a further 12-month period and we do not have to notify you that your subscription is ending.

Health professional courses include 3 months course access.

If you purchase our courses through another provider, such as CANdetect and CANtreat for practitioners through the Australian Physiotherapy Association’s website, your course access and subscription length will be determined by their Terms and Conditions. You will still be bound by these terms of use regardless of where you purchase access to our courses.

Vouchers and complimentary items for CANdetect and CANmanage patient courses

Where this is included in the course inclusions on our website, when you purchase a CANdetect or CANmanage course you will receive a compression garment voucher that can be redeemed at Sigvaris. The voucher will be emailed to you directly from Sigvaris using the email address you nominated to register on our website.

Terms of use for the Sigvaris voucher:

  • there is no obligation to use the voucher
  • the value shown on the voucher is in AUD and is not redeemable for cash
  • the voucher is only valid for 12 months from the date of purchase of our online course
  • to redeem the voucher, you will need proof of course purchase, the voucher and a completed Sigvaris prescription from your doctor, lymphoedema specialist or approved health professional
  • the full amount of the voucher must be used in one transaction
  • only one voucher may be used per person
  • the vouchers are only available to Australian residents who can access a Sigvaris outlet. Whereby consultation has to occur online, postage will need to be paid for the garment.
  • the voucher may be used by existing or new Sigvaris customers
  • the vouchers may be used for upper limb garments (where you have purchased the CANdetect course) or upper or lower limb garments (where you have purchased the CANmanage Course). The voucher may be used for garment donning aids, doffers, gloves, glues and wipes only with the purchase of garments.

We are not responsible or liable for your relationship with Sigvaris, any product you purchase from Sigvaris (including suitability for your needs or your use) or whether you decide to use your voucher or not. It is not mandatory that you use the voucher.

Where we include complimentary items they are a bonus item that is available for a limited time only.

The first 250 CANmanage and 250 CANdetect users to utilise their voucher will receive a Goody Bag with some MooGoo cream and a lip gloss and a mystery gift from Andrea. Complimentary items are only available to Australian residents who can access a Sigvaris outlet/consult online with Sigvaris and agree to pay for postage of the garment & Goody Bag. We aim to include quality products however we are not responsible for the contents of, or your use of, a complimentary item. For example, if we supply a skin cream, we are not liable to you if you use the cream and have an adverse reaction.

Refund policy for the patient online courses

We are very proud of the patient courses we have produced and hope that you will be very happy with the content however we do understand that there are times when a user may like to request a refund on their purchase, so we give you 30 days to use our refund policy in accordance with the below terms.

We will refund your purchase price for a course (less any charges incurred by us from our bank or payment platform*), within 30 days of your purchase provided that:

  • you have not used the provided voucher or claimed any complimentary gifts e.g. a Goody Bag;
  • you contact us by email at hello@instituteoflymphoedema.com.au within 30 days of your date of purchase, tell us why you are not happy with the course and request a refund.

After the refund, the Sigvaris compression garment voucher & any other applicable courses bonuses will become void.

*STRIPE charges 1.75% +30cents on every transaction.

Refunds will be made back to the same source that you made the original payment from. Refunds may operate differently depending on where you have purchased our course. If purchased through a third party the refund terms will be according to their Terms and Conditions.

Refund policy for the blended online and face to face CANpractice practitioner courses

The CANpractice courses include an online and face to face component. The face to face component incurs catering costs, physical products costs and teaching staff costs.

We will refund your purchase price for a course (less any charges incurred by us from our bank or payment platform*), within 7 days of commencing the online learning provided that:

  • you have not used any complimentary gifts or physical course resources if applicable (such as a textbook);
  • you have not commenced any face to face proportion of the course and you contact us by email at hello@instituteoflymphoedema.com.au within 7 days of your date of purchase, tell us why you are not happy with the course and request a refund.

*STRIPE charges 1.75% +30cents on every transaction.

Refunds will be made back to the same source that you made the original payment from. Refunds may operate differently depending on where you have purchased our course. If purchased through a third party the refund terms will be according to their Terms and Conditions.

Attendance at the compulsory face to face CANpractice days

Our policy for course attendance and awarding your certificate is that 100% attendance across the 5 face to face days is required from 8am to 5.30pm. 100% completion of the online learning is also required. This is because your certificate states that you have completed a 135 hour qualification. As such it is unacceptable to miss components of the course. You must also pass all of the examinations (online and face to face) with at least a 70% pass mark. 

Sickness: If you are unwell and cannot attend the face to face component of the course, you will need to attend another course, at your own expense at a later date. The cost will be an additional $120 per day to cover catering and a volunteer to attend to be your practical partner. You will also need to fund your own travel and accommodation expenses.

Minimum numbers: Courses run with the minimum number of 8. If we do not reach minimum course numbers the course will be cancelled and you will be offered a refund or your course registration will be moved to a later date that suits your availability (at the same price as your original registration as long as completion occurs within 3 years). Please do not book any accommodation or flights until you have confirmation of minimum course numbers being met as we are not responsible for your third party costs if we cancel a course or change the course date.

COVID-19 for the blended online and face to face CANpractice practitioner courses 

COVID has been raising difficult challenges for many of us and, at a business level, can make the planning and payment structuring for education courses complicated. We are trying our best to balance our students needs while still considering the out of pocket costs we incur due to COVID cancellations. We are always striving to improve our business practices so if you have any questions or suggestions in relation to our COVID policy, please let us know.

Where we need to cancel a course due to COVID impacts within the region where the face-to-face component of the course is run, we will offer you a refund in full if you have not started the on-line component of the course or offer to transfer your registration to our next available course program.

If you have started the on-line component of the course, we will move the face-to-face component of your registration to the next available course date. You will not be charged any additional fees.

Where the course is still going ahead however you cannot attend due to Government imposed COVID restrictions that prevent you from travelling from where you live to attend the course, if you give us at least 30 days’ notice, we will move your registration to the next available course date and there will be no additional fees payable by you. We understand that with COVID it is unlikely you will be able to give 30 days’ notice however we incur non-refundable, upfront costs if you have to give shorter notice. If your notice is less than 30 days, we will still move your course registration to the next available course date, however you will be charged an additional $120 per day for the next course to cover some of the upfront costs we had to pay for your short-notice cancellation (e.g. catering and plinth hire).

Inclusions in the blended online and face to face CANpractice practitioner courses

Course fees include use of all course equipment including bandages, garment measuring tools, massage plinths and food whilst at the face to face component of the course.  

Interstate travel fees, accommodation and transfers are not included. 

You are required to bring your own pillow, at least two large towels, a roll of masking tape, a bath gown and shorts for the bandaging sessions. 

Course inclusion criteria

We accept qualified health professionals and complementary medicine practitioners into our CANpractice courses. As part of this we require proof that you have some form of training in human anatomy and physiology and have basic professional indemnity insurance. In the course you will be “treating” your practice buddy in the practical sessions and we need to ensure your safety.

National Lymphoedema Practitioners Register (NLPR)

The Australasian Lymphology Association is the peak professional body for lymphology in Australia. They have a National Lymphoedema Practitioners Register (NLPR), which allows you to have your name and practice listed on a national list. The list appears in alphabetical order based on your postcode. Being listed may assist you with marketing your services. Please note that our courses are accredited by the ALA but we cannot control whom the ALA accepts onto their NLPR. If joining the NLPR is important to you – we recommend that you check if you can join the NLPR before signing up for the course. You can read about the NLPR here. https://www.lymphoedema.org.au/the-register-updated/for-health-professionals/

Testimonials

If you provide us with a testimonial, you give us your consent for the use of the information you give us (for example your name, date of the testimonial, image) to be displayed on our website or in our other marketing material, together with the content of the testimonial that you provide. As we sometimes receive quite lengthy testimonials you also agree we may shorten or edit your testimonial provided we do not change the intended meaning.

Security

We make reasonable efforts to maintain the security of our website, however, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.

Affiliate disclaimer

We may run an affiliate program where we pay an affiliate commission to parties that refer users to our website or services. This may include health professionals, cancer and lymphoedema organisations or other businesses.

Terms for the affiliate program

If we accept you into our affiliate program you will receive login details and we will give you access to our affiliate partner resources centre where you will find your unique URL, some marketing resources and be able to track your revenue. You will need to nominate a PayPal account for receipt of payment.

Payments are made for purchases of access to the CANdetect or CANmanage course where the purchaser was introduced by you via your affiliate link. Cookies allow this to occur.

Affiliate fee rates as a percentage of sale price are accessible when you log in to the affiliate partner resource centre.

We retain the right to review your participation in the program, have input into how you display the links/our information on your website and to terminate an affiliate arrangement with 15 days written notice.

You have on-going obligations in relation to promotion (no spam), use of our name, creating fraudulent traffic and interference with the affiliate tracking. To avoid confusion, you must not advertise in a manner which could lead customers to think that you own the Australian Institute of Lymphoedema or the HELP Online Project, work for us, are the same company or that you created the course content.

Your participation in our affiliate program does not confer any proprietary or special rights in the licensed materials made available. At least one referral every 3 months is required in order to stay part of the program. No payment will be made for sales that result in refunds or returns. Payment will only be made on purchases received in full.

We make no warranty that you will earn any affiliate fees under the affiliate program.  We take no responsibility for your involvement in the affiliate program, you joining and continued involvement in the program is at your own risk. We make no warranty that our website will be available at all times or that it will be error free.

Upon termination of an affiliate arrangement you must:

(a) remove any affiliate link(s) from your website or other platforms

(b) cease using our business name

(c) return to us or securely destroy any of our confidential information or intellectual property.

Refer a friend policy

We have a refer a friend policy in place whereby referrers may receive incentives for letting practitioners know about us. A gift voucher is supplied to you, to say thank you for the word of mouth referral, if a health professional successfully registers for CANpractice and lets us know at the time of enrolling that they heard about us through you or your organisation.

Limitation of liability

Other than as limited by relevant laws, our website and services are provided on an ‘as is, where is’ basis and we will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of our website in any way.

While we aim to keep our content relevant, we make no warranty that the information found on our website, or within our services, will be suitable for your purpose, accurate, complete, up-to-date, or free from errors. We reserve the right to edit or remove content at any time, without being obliged to do so. As every person arrives at our website at different points in their journey, we do not warrant that you will achieve the result you are seeking by using our website or services.

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of our services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our website or the services found on our website.

Indemnity

You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • your content you post or share on or via our website or social media pages
  • your unauthorised use of our website, or products or services included or advertised on our website
  • your use of information made available on our website or within our services
  • your breach of these terms of use or the terms and conditions of any purchased service

Applicable law

This agreement is governed by the laws of New South Wales, Australia and, where you are a resident of Australia, you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of our website or services.

If you are a resident of a Country other than Australia, you agree, any dispute, controversy or claim arising out of, relating to or in connection with these terms of use or our services, including any questions regarding their existence, validity or termination, will be resolved by arbitration in accordance with the ACICA Expedited Arbitration Rules. The seat of arbitration will be Sydney, Australia. The language of the arbitration will be English.

You may provide notice to us by email addressed to ‘the Directors’ and sent to andrea@instituteoflymphoedema.com.au. We may provide notice to you via email or other electronic means.

Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our website is unauthorized, it is your responsibility to stop using our website.

Relationship and contact

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms of use or your use of our website or services.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our website, or with regard to information provided to or gathered by us with respect to your use.

You agree we may contact you by email phone or post for follow up contact about your satisfaction with any purchase or proposed purchase. You may withdraw your consent at any time by using the ‘unsubscribe’ function in our emails or by contacting us in writing at hello@instituteoflymphoedema.com.au.

Validity

If any part of these terms of use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms of use will continue in effect.

These terms of use, together with our privacy policy and any other legal documents or polices displayed on our website, form the entire agreement between you and us in respect of your use of our website.