Terms and Conditions

Bartold / Terms and conditions

Membership to Bartold Clinical is through a monthly subscription plan and can be cancelled by the member at any time. Membership is strictly single user license only. Groups and organisations can contact Bartold Clinical for tailored plans.

1. The Terms

1.1 Acceptance of Terms

Manigod Pty Ltd (ACN 32633312179) is the provider and owner of all content and resouces provided on the Bartold Clinical website located at www.bartoldclinical.com. This Terms of Use (the “Agreement”) governs access to and use of the Bartold Clinical website. Access to and use of the Bartold Clinical website is subject to your acceptance of this Agreement. You agree to abide by all terms and conditions of this Agreement by your accessing the Bartold Clinical Website and / or by your continued use of the Bartold Clinical Website.

Please read the following, carefully bearing in mind that this Agreement must be read in conjunction with Bartold Clinical Privacy Policy.

1.2 Right to Modify Terms

Bartold Clinical reserves the right to modify the terms of this Agreement at any time at its sole discretion, and may post a notice of such changes. If and when the Agreement is modified, You will be subject to the terms of the modified Agreement, and by accessing the Bartold Clinical Website, you agree to the terms of modified Agreement, without further notice.

1.3 Term Definitions

“Bartold Clinical website” means the Bartold Clinical website accessible through the URL www.bartoldclinical.com.
“Parties” means Bartold Clinical and You, collectively.
“Party” means either Bartold Clinical or You.
“You,” “Your,” and / or “User” means any individuals and / or entities visiting and / or otherwise accessing the Bartold Clinical website for any reason; said terms may be used interchangeably.
“Content” means all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials posted and / or otherwise displayed on, to, or at the Bartold Clinical website.
“Personal Information” means, without limitation, any information that identifies or describes an individual, including his or her name, professional licensing information, physical description, age, gender, home address, home telephone number, or education. Personal Information also includes statements made by, or attributed to, a User.
“Licensor” or “Licensors” means the individuals who have licensed their online lecture content to Bartold Clinical.

2. Website

2.1 Content Ownership

Manigod Pty Ltd (ACN 32633312179) is the owner of all Bartold Clinical content posted on or otherwise accessible at or via the Bartold Clinical website including logos, all designs, text, graphics, pictures, and information. Any copying, reproduction, retransmission, or republication of all, or part, of any Content found on the Bartold Clinical Website is expressly prohibited, unless Bartold Clinical has expressly granted its prior written consent to so reproduce, retransmit, or republish the Content.

Bartold Clinical may publish or transmit via the Bartold Clinical website any Content that is owned by third parties. Bartold Clinical Licensors are the owners of their respective Intellectual Property found on the Bartold Clinical Website. Any reproduction, retransmission, or republication of all or part of any document found on the Bartold Clinical Website is expressly prohibited, unless the owner of the Content has expressly granted its prior written consent to reproduce, retransmit, or republish the material.

2.2 Trademarks

You agree to grant to Bartold Clinical a nonexclusive, nontransferable, revocable right to use and distribute Your logos and such additional or replacement buttons, logos, characters, or designs (the “Trademarks”) as Bartold Clinical may request. You further agree to provide the Trademarks in a format required by Bartold Clinical for any online or print promotions. Bartold Clinical agrees to use the Trademarks solely in conjunction with the permitted forms of use under this Agreement. Use of the Trademarks does not give Bartold Clinical any right, title, or interest in the Trademarks, other than the license rights granted herein. Bartold Clinical may not assign, transfer, or sublicense any Trademark right granted herein without Your prior written consent.

2.3 Copyright Complaints

If You believe that any Content on the Bartold Clinical Website infringes upon any copyright which You own or control, You or Your designee, acting as a “Complaining Party,” may send a notification of such claimed infringement to Bartold Clinical to contact info@bartoldclinical.com. Please include a description of the work that is allegedly being infringed, and where on the Bartold Clinical website the work may be found.

2.4 Content Availability

After purchasing a subscription, you will have access to the Content for one (1) month. After one (1) month, your credit / debit card will be charged automatically and access to the Content will continue for another (1) month. Should your card be declined at this time, your membership will cease to continue. Your Bartold Clinical membership allows you access to webpage content. Although Manigod Pty Ltd will endeavour to provide continuous content it does not guarantee continuous future content delivery throughout your membership.

2.5 Termination

Manigod Pty Ltd reserves the right to terminate, block, or restrict Your access to or use of the Bartold Clinical website for any breach or violation of any term(s) of this Agreement, solely at the discretion of Bartold Clinical.

2.6 Equipment

You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the Bartold Clinical Website.

2.7 Internet Speed

We recommend Cable, Broadband Internet, or a company LAN on a T1 or higher to take full advantage of the high-quality video and multimedia that the Bartold Clinical Courses offer.

2.8 Browser Requirements

The current version of Chrome
The current version of Internet Explorer
The current version of Firefox
The current version of Safari

2.9 Screen Resolution

On desktop devices, the Bartold Clinical website is best viewed at 1920 x 1080 resolution.

3. User Accounts

In consideration of Your use of the Bartold Clinical Website, You acknowledge that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the UK, Australia, the United States or other applicable jurisdictions. You agree to provide accurate, current, and complete information concerning You when providing information to, signing up with, registering for use of, or otherwise providing information to the Bartold Clinical Website and maintain and promptly update the Registration Data to keep it true, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if Bartold Clinical has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Bartold Clinical has the right to suspend or terminate Your access to the Bartold Clinical Website and to refuse any and all current or future use of the Bartold Clinical Website, or any portion thereof.

3.1 User Responsibility

The Bartold Clinical Website includes the option of allowing a User to create a “User Profile.” Users are wholly responsible for User Content posted, displayed, transmitted, or otherwise made available on or via User Profiles.

3.2 Accounts and Passwords

You must have Your own email and password to access the Bartold Clinical Website. You are not permitted to provide others access to Bartold Clinical materials using Your email and Password. In the event that Bartold Clinical discovers Password sharing, we reserve the right to terminate Your membereship to the Bartold Clinical Website. You are responsible for all use of Your password(s).

3.3 Linking to Bartold Clinical

3.3.1. Bartold Clinical invites Users to link to our site. Linking to Bartold Clinical must not improperly connote an affiliation with or an endorsement by Bartold Clinical, or otherwise interfere with the operation of the Bartold Clinical Website. Ideally, any links should open in a new browser window.

3.3.2. You must not place Bartold Clinical Website pages in a “frame” within Your own website without explicit prior written permission.

3.3.3. Although the Bartold Clinical Website may include links providing direct access to other Internet sites, Bartold Clinical assumes no responsibility for the Content or information contained on such other sites, and does not exert any editorial or other control over those other sites. Bartold Clinical provides no warranties and explicitly disclaims any liability for any Content or other information provided on other sites.

4. Disclaimer

Except as expressly set forth herein, the content of the Bartold Clinical website (including all Bartold Clinical intellectual property, text, materials, software, functions, services, and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including without limitation warranties of suitability for a particular purpose. Bartold Clinical does not warrant or guarantee uninterrupted access to the Bartold Clinical website, or any site linked to the Bartold Clinical website, and reserves the right to discontinue courses or to change the expiration date at any time.

Under no circumstances will Bartold Clinical be liable in any way for any content, including without limitation any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Bartold Clinical website, and Bartold Clinical makes no guarantees that the content will be accurate, current, or error-free.

you assume full responsibility and risk of loss resulting from use of the Bartold Clinical website and any information on the Bartold Clinical website. Bartold Clinical makes no guarantees about the suitability of any information and its services for any purpose whatsoever. Bartold Clinical may provide programs with exercises related to your condition that you can perform at home. As there is a risk of injury with any activity, use caution when performing such exercises. If you experience pain or discomfort, immediately discountinue the exercises and contact your clinician or physician. By voluntarily undertaking any exercise in a program provided by bartold clinical, you agree that you assume the risk of any resulting injury. Bartold Clinical will not be liable for any direct, indirect, consequential, special, exemplary, or other damages or losses that may result.

The information and content provided in this course are for informational purposes only. Bartold Clinical makes no warranties regarding, and bears no liability for, your use of the information and content. Bartold Clinical assumes no responsibility for any loss or injury and / or damage to persons or property arising out of the use of the material contained in or related to content. it is the responsibility of the treating practitioner, relying on independent expertise and knowledge of the patient, to determine the best treatment and method of application for the patient.

Bartold Clinical provides accreditation requirements and state-approval information regarding its courses on a state-by-state basis. these requirements change regularly, and as such, Bartold Clinical shall not be held liable for any damages arising, directly or indirectly, from the use of such information, including damages arising from inaccuracies, omissions, or errors. no warranty shall exist on the validity of the course certificates provided to users upon completion of a course. Bartold Clinical disclaims all liability resulting from a state’s denial of a course’s accreditation.

5. Limitation of Liability

In no event shall Bartold Clinical, its members, officers, affiliates, agents, licensors, employees, or other provider(s) (collectively, “representatives”) be liable to you or to any third party for any direct, indirect, incidental, special, or consequential damages whatsoever, including without limitation lost revenue, lost or damaged data, or other commercial or economic loss, whether based in contract, tort (including negligence), or any other theory of liability. The foregoing limitation shall apply even if Bartold Clinical or its representatives have been advised or should have known of the possibility of such damage. Bartold Clinical total liability in any event is limited to the amount, if any, actually paid for use of the Bartold Clinical website, and you hereby release Bartold Clinical and its representatives from any and all obligations, liabilities, and claims in excess of this limitation.

6. Billing

6.1 Payment Method

You may purchase a subscription and / or individual Courses. Upon registration for a subscription, You expressly agree that Bartold Clinical is authorized to charge You a membership fee at the rate and commitment period specified, as well as any other charges You may incur in connection with Your use of the Service to the Payment Method You provided during registration. Not all Courses are available to subscribers. Should You choose to buy an individual Course, You expressly agree that Bartold Clinical is authorized to charge You for each specific Course You purchase. You are not required to pay a membership fee to purchase an individual Course. A valid credit card or PayPal account is required to subscribe to the Service or to purchase an individual Course. Bartold Clinical bills You through a secure online account for use of the Service. Your complete billing information is not stored on Bartold Clinical servers. For Your protection, our secure payment providers, Stripe.com and PayPal.com, store Your complete billing information.

6.2 Payment Amounts

6.2.1 Individual Course Fees Each Course is priced individually. Please refer to Course descriptions for Course fees.

6.2.2 Subscription Fees Please refer to the “Join” page for subscription pricing. Your monthly subscription will continue indefinitely until You cancel it. Your yearly subscription will continue for one year (12 months) from the date of subscription. You may receive further notice of auto-renewal, and be prompted to rejoin.

Bartold Clinical may offer a Free Subscription Trial Period. By creating a User account, You accept the Free Subscription Trial Offer and consent to Bartold Clinical use of Your account information in accordance with Bartold Clinical Privacy Policy. Bartold Clinical reserves the right, in its sole discretion, to withdraw or modify the Free Subscription Trial Period at any time without prior notice and with no liability. At the end of the Free Subscription Trial Period, You will have to make payment of the applicable subscription fee to continue Your subscription. There is no obligation to purchase a subscription at the end of the Free Subscription Trial Period.

6.3 Fee Changes

Bartold Clinical may change the fees and charges in effect, or add new fees and charges from time to time, but Bartold Clinical will give You advance notice of these changes by email.

7. Cancellation

You may cancel Your monthly subscription at any time. In order to avoid being charged for the next month your cancellation requestion must be received before the next month payment is due. If You terminate Your subscription, Your subscription will remain active until the end of Your then-current subscription period—namely, the subscription period through which You paid before Your termination.

Payments are non-refundable and there are no refunds for partially used periods.

8. Indemnification

You agree to indemnify and hold Bartold Clinical and its Representatives harmless from any and all losses (including without limitation attorneys’ fees) resulting from any claims that may be asserted against You, You assert, or may assert, based on or relating to Your use, or the use of any individual using Your password, of the Bartold Clinical Website. You further agree to indemnify and hold Bartold Clinical and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation attorneys’ fees, that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.

9. Disputes

This Agreement shall be governed by the laws of the State of South Australia. In the event that litigation results from or arises out of this Agreement or the performance thereof, both Parties agree to settle with a single arbitrator qualified by the Australian Arbitration Association. The Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.

10. Miscellaneous

10.1 Assignability

This agreement is personal to You, and You may not assign this Agreement or the rights and obligations thereunder to any third party or person.

10.2 Agreement Binding on Successors

The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their permitted heirs, administrators, successors, and assigns.

10.3 Waiver

No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.

10.4 Severability

If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.

10.5 Survivability

The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.