Website and Products Terms of Use

Last updated 10th May 2024

 

At the Australian Institute of Lymphoedema, 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 chronic oedemas including lymphoedema, lipoedema, venous disease and venous ulceration and other forms of chronic swelling.  We believe relevant information, that is of high quality and is evidence-based, can positively impact the lives of those at risk of chronic oedemas and those living with conditions such as lymphoedema and chronic wounds. We strive to build a community of like-minded patients and practitioners working together to improve awareness of chronic oedema.

 

Our website is designed in Australia. It is intended for use by residents from across the globe keeping in mind that if you access our website or services outside of Australia, we may not be able to provide all of our services or inclusions. Certain products offered on our site may only be available to people living in a certain area. Research studies, for example, must have ethics approval before being granted and they are often geographically limited based on the ethics approval.

 

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, please 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, lymphoedema.thinkific.com, our Gmail management systems (Google Forms) 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 the Casley-Smith method? A method for the treatment of lymphoedema and chronic oedemas known as Complex Physical Therapy which was pioneered by Australian Doctors John and Judith Casley-Smith. The method includes 4 main components including skin care, lymphatic exercises, manual lymph drainage and compression therapy (via bandages, pneumatic compression or pumps and garments.)

3. What is Casley-Smith International? Casley-Smith International is a worldwide organisation for certified practitioners in the field of Lymphology and Oncology. Casley-Smith International (C-SI) is a non-for-profit organisation and represents an international group of Certified Casley-Smith Instructors in the Modern Treatment for Lymphoedema, based on the work of Dr John R. Casley-Smith and Dr Judith R. Casley-Smith.

 

Feedback, questions or concerns

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

As a health practitioner, who I can speak to?

If you are a health practitioner who wishes to speak to a Casley-Smith lymphoedema trainer about an upcoming course, please request this by emailing admin@instituteoflymphoedema.com.au.

As a patient, who can I speak to about my health?

We are not able to provide individual health advice. You are encouraged to speak to your own doctor or lymphoedema practitioner.

 

MEDICAL DISCLAIMER

 

Our website and courses are for educational purposes only and aim to deliver information about the detection, early identification, and management of chronic oedemas including lymphoedema, lipoedema, venous disease and ulcers and other forms of chronic swelling.

 

We do not warrant that after using our services, 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 do not endorse nor recommend the purchase of any products that you see on our website or that are demonstrated in our courses. These products have been included for information purposes only, to make you aware of the 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. This may include obtaining a doctor’s prescription.

 

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 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.

 

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

 

Use by minors

Our website and services are not intended to be used by minors under the age of 18. You may not use our website or services if you are under 18.

 

Opening an account

If you subscribe to or make a purchase of 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.

 

What we offer

 

1. PRODUCTS

 

A range of products are made available for purchase through our website, including medical products and other complementary beauty products. We source our products from reputable manufacturers.

 

All medical products are TGA approved and come with instructions to use. You may be required to provide a copy of your prescription by a qualified lymphedema therapist before you can place an order for a medical product. In any event, we strongly encourage you to see your doctor and obtain a prescription before placing and order, as medical products may cause harm if they are not properly prescribed.

 

You understand and agree that you use any products you purchase at your own risk, and we make no guarantee as to the result the products will deliver.

 

We will not be responsible for any injuries, loss or damages any person suffers as a result of your use of our products.

 

2. COURSES FOR PROFESSIONALS

 

Course inclusion criteria

We accept qualified health professionals and complementary medicine practitioners into our CANpractice courses.

 

Scope of practice and professional indemnity insurance

It is your sole responsibility to understand what obligations you have as a health care practitioner.

 

You need to check that you are eligible for professional indemnity insurance as a healthcare practitioner. IICT, for example, offer professional indemnity insurance after you have completed a recognised course. More information is available here: https://www.myiict.com/insurance/.

 

When you are practising as a lymphoedema practitioner you must ensure the appropriate insurances abide by your professional associations’ scope of practice and professional codes of conduct.  You should also ensure that your professional indemnity and public liability insurance recognises the therapies and technology that you use (such as low-level laser which requires laser safety training in some states of Australia).

 

DISCLAIMER – You participate in our courses and rely on our information at your own risk. We will not be responsible for any injury, loss or damage any person suffers as a result of your participation in our courses and any associated activities, or your reliance on the information available on our website and or courses.

 

CANdetect and CANtreat – NON-accredited health professional training

CANdetect and CANtreat courses include 3 months online course access.

 

If you purchase our courses through another provider, such as through the Australian Physiotherapy Association website, your course access and subscription length will be determined by their Terms and Conditions.

 

These courses are non-accredited courses and do NOT qualify you to advertise yourself as a “trained” or “accredited lymphoedema practitioner.”

 

CANpractice – Accredited health professional training

CANpractice is our accredited training program for being a qualified lymphoedema practitioner.

 

CANpractice includes at least one month of online course access, 4 x virtual classrooms, and a week of face-to-face training. Online access is granted after full course payment is made therefore some students opt to have longer to learn.

 

You may choose to complete upper limb and breast, lower limb and genitals, or head and neck modules which involve shorter time periods for face-to-face attendance.

 

You are required to read the course descriptors and check that the courses are suitable for your needs.

 

Accreditation

The complete 135 hour CANpractice is accredited by Casley-Smith International, International Institute of Complementary Therapists (IICT), Massage Association of Australia (MAA) and the Australasian Lymphology Association (ALA). The modular parts of CANpractice are only recognised by the ALA.

 

Accreditation may have different meanings for different associations. The ALA for example, after completing CANpractice and becoming a member of the ALA at a yearly fee, you are allowed to use their recognised logo as an “Accredited Lymphoedema Practitioner” and be listed on the National Lymphoedema Practitioners register. You can read about the NLPR here: https://www.lymphoedema.org.au/the-register-updated/for-health-professionals/.

 

We always recommend that you check with the relevant professional association prior to enrolling in CANpractice to confirm your eligibility to become accredited.

 

The links are:

ALA – https://www.lymphoedema.org.au/accreditation-nlpr/find-a-practitioner/

IICT – https://www.myiict.com/

MAA – https://www.maa.org.au/

 

3. CASLEY-SMITH DATABASE OF RECOGNISED LYMPHOEDEMA PRACTITIONERS AND LICENSE TO THE ‘AIL’ LOGO

 

We understand that sometimes people may not wish to go through the accreditation processes of different professional associations, and still want to indicate that they are trained to a high standard for marketing purposes.

 

For this reason, we offer the opportunity for any therapist who has completed an accredited 135-hour course or modular course in the Casley-Smith method by an approved Casley-Smith International recognised trainer, the opportunity to be listed on our free online database for health professionals, called “CANfind”. In Australia the only currently approved Casley-Smith trainer is Andrea Mangion.

 

In addition, we will grant you a limited, revokable, non-exclusive and worldwide license to use our ‘AIL’ logo in your marketing materials and correspondence to indicate that you have completed an accredited 135-hours of training. The use of our ‘AIL’ logo is NOT our endorsement of your services or our guarantee as to the quality of your services, and you agree to inform your patients in this regard when asked.

 

Terms and conditions for inclusion in that database may change from time to time and that database may not always remain free for use. The url is https://instituteoflymphoedema.com.au/canfind/

 

You are required to update your listing once every 12 months, we will send out reminder emails. It is also your responsibility to update your listing whenever your information changes. We reserve the right to remove your listing if the listing is not maintained with current information.

 

Listings by suppliers may incur a fee.

 

PRICING

 

Products, courses and services 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.

 

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.

 

All prices listed are in Australian dollars excluding GST and are subject to change without notice. A 10% GST is applicable to all educational products and some medical assistance products such as gloves, washing solution, glue, if purchased within Australia. Shipping also incurs GST.

 

Some medical products, such as pressure garments, do not incur GST. The Australian Tax Office website has information on which medical products do not incur GST:
https://www.ato.gov.au/business/gst/in-detail/your-industry/gst-and-health/?page=7#:~:text=The%20sale%20of%20medical%20aids,with%20an%20illness%20or%20disability

 

SHIPPING

 

Shipping costs will be determined at the time of ordering, as it will depend on who the shipping agent is and who the supplier of the product is.

 

For most items that are in stock, please allow 3-6 business days to receive your delivery if you are within Australia. There may be occasions where certain items are out of stock.  These will be back ordered and sent to you as soon as they are back in stock.

 

Please also note that Special Order products (custom made items not stocked in Australia) will take longer to be shipped.

 

We will contact you if there are any extended delays of more than 5 business days.

 

RETURNS, REFUNDS AND EXCHANGES 

 

We are committed to ensure that you are 100% satisfied with the products you purchase.

 

Unfortunately, medical products such as compression garments must not be worn and then returned. For all online purchases that are not worn, used or damaged, and returned with 14 days of purchase, we will be delighted to offer a full refund excluding shipping fees, or store credit or exchange. All returns must be in its original packaging and be in a resaleable condition.

 

If you change your mind beyond the 14-day period after purchase, a refund or exchange will be provided at our discretion. The same applies for Special Order items. A 15% restocking fee may apply.

 

In the unlikely event that you receive the incorrect product, we will cover the cost of returning the product to us and promptly provide a replacement.

 

Please contact us before returning any packages. We will send instructions on how to return a particular product based on who the supplier is. For example, for purchases made through Amazon, the returns must go directly back to Amazon.

 

Refunds will be made back to the same source that you made the original payment from.

 

Refund policy for CANpractice

The CANpractice courses include an online and face to face component.

 

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

  • you have not used any complimentary gifts or course resources, if applicable (such as a textbook and the online learning component);
  • you have not commenced any face-to-face proportion of the course; and
  • you contact us by email at admin@instituteoflymphoedema.com.au within 14 days of your date of purchase, tell us why you are not happy with the course and request a refund.

 

*STRIPE charges 1.75% + 30 cents 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 component

Our policy for course attendance and awarding your certificate is that:

  • 100% attendance for the advertised face to face days is required from 8am to 5.30pm or as per the advertised time if completing a modular part of CANpractice (such as upper limb and breast only).
  • 100% completion of the online learning is also required as your certificate states that you have completed a 135-hour course (for the full CANpractice).

 

As such, you must not miss any component 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 within 14 days of the face to face event, you will need to attend the next available CANpractice course. The cost will be an additional $150 + 10% GST per day to cover third party amenity arrangements such as tutors, catering and re-hire of allocated plinths.  You will need to fund your own travel and accommodation expenses. You will need to provide a medical certificate.

No Show: A “No Show” occurs when a students fails to attend one or more days of the face to face component associated with the course for which the student has enrolled. In the event of a No Show, the student will forfeit their right to attend any future course and will not receive a certificate of completion. For the avoidance of any doubt, a refund will not be provided for any non-attended part of the course.  Attendance is non-transferable in the event of a No Show.

Transferring of course place: You may transfer your course place to another person if you let us know prior to the Virtual Classrooms commencing. A transfer to another student cannot be offered after the first Virtual Classroom has been undertaken (which occurs one to two months prior to the face to face component) this as the student will miss out on the opportunity to attend the virtual classes. An option to transfer enrollment to another student is only appropriate for circumstances where a business has funded attendance at a course, an an alternative staff member is selected to complete the course.

Minimum numbers: Courses run with the minimum number of 14. 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 12 months). 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 or any Government Travel Restrictions

As CANpractice is accredited and involves practical skills, we cannot do the entire course online.

 

If you cannot attend a face to face component of the course due to Government imposed COVID restrictions, 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 for CANpractice

CANpractice course fees include course equipment including bandages, garment measuring tools, massage plinths, and food (morning tea, lunch and afternoon tea) whilst at the face to face component of the course. If you are doing a modified version of CANpractice, such as the lower limb module that goes for 2.5 days, morning tea will be provided on the final day but not lunch as the course finishes at lunch time.

 

Travel fees, accommodation and transfers are not included.

 

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

 

Clinical questions after CANpractice and ongoing mentoring

If you require ongoing mentoring after the course, you will be encouraged to seek professional services. As an example, but not endorsement by AIL, Stacey Bradshaw has opened a consulting service called Lymphoedema Mentor and is available for mentoring by fee. Stacey can be contacted via www.lymphoedemamentor.com.au.

 

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 admin@instituteoflymphoedema.com.au to enquire about permission to reproduce any of the contents of our website.

 

The names of actual companies and products mentioned on our website may be the trade marks of their respective owners. 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.

 

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 or as per the provided instructions. Sharing without our prior permission is expressly prohibited. In particular, health practitioners must not print our content and share with their patients or others. We are constantly updating our content in line with evidence-based recommendations. Content may become outdated and sharing this information with our logo on the information puts AIL’s reputation at risk.

 

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 admin@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.

 

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.

 

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 we believe that they can benefit patients with oedema and or they have provided sponsorship, 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.

 

Affiliate and Rewards Disclaimer

We may run an affiliate program where we pay an affiliate commission to parties or say “thank you” via gift vouchers to organisations or past students that refer users to our website or services.  This may include health professionals, cancer and lymphoedema organisations or other businesses.

 

Refer a friend policy

We may have a refer a friend policy in place whereby referrers may receive incentives for letting practitioners know about us. A gift voucher may be supplied to the referrer, 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.

 

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:

  • any content you post or share on or via our website
  • your unauthorised use of our website, or products or services included or advertised on our website
  • your use of any 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 that any dispute, controversy or claim arising out of, relating to or in connection with these terms of use or our website or 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.

 

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

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.

 

CONTACT

 

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

 

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 admin@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.

 

Entire Agreement

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.

 

End.