All inquiries should be addressed to: info@mypainkit.com
IN THESE TERMS:
Throughout the following text, the terms “we”, “us” and “our” refer to Jointi Pacs Company Ltd, a limited liability company registered in Ireland.
“My Pain Kit” means Jointi Pacs Company Ltd.
“Content” means all information produced by this organization, including all website material, posts on social media, recommendations, blogs, videos, products, brochures, individual communications, newsletters or any other information;
“Product” means those items that we as a company offer for sale either directly or indirectly, or through recommended third-parties.
“Tool” means a combination of Content and Products.
“Intellectual Property Rights” means all intellectual property rights, including products, designs, bundles, combinations, patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, database rights, moral rights, topography rights, rights in databases, software rights (including without limitation rights to its object code and source code), trade secrets and know-how, in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
“Log In Details” means the username and password allocated to each User to access the Services and the Website.
“Service” means that by utilising our Tools, visiting our website, social media, viewing or consuming Content or communications in any form, and / or purchasing something from us, you engage in our “Service”
“Use” means to engage in our service
“User” means a user who engages in our service
“Website” means www.mypainkit.com or any other designated domain name as determined by My Pain Kit from time to time. This website is operated by Jointi Pacs Company Ltd.
“Disclaimer” means the disclaimers referenced in this document, linked and outlined in a separate area of our website
We offer our Service to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms may be supplemented by additional terms and conditions pertaining to specific content and activities. They are also supplemented by the detailed disclaimer information accessible here. The headings contained in these Terms are inserted for convenience of reference only and shall not in any way form part of nor affect nor be taken into account in the construction or interpretation of any provisions of these Terms.
If you avail of our Service, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”) which those additional terms and documents, conditions and policies referenced or linked herein. These Terms of Service apply to all users of the service, including without limitation users who are browsers, vendors, customers, merchants, and / or contributors of content or third parties. A breach or violation of any of the Terms will result in an immediate termination of your Services.
1 – Products, Information, Content, Tools
My Pain Kit does not warrant or make any representations regarding the use or the results of the use of the Products, Information, Content or Tool purchased or accessed by you, and/or incorporated in the Website or any third-party site (if applicable) in terms of their correctness, accuracy, timeliness, reliability, effectiveness, or otherwise and you will be solely responsible for any issues arising from the use or misuse of any such Product, Information, Content or Tool, even if it’s recommended by Us.
A link to further, more General, Medical, Personal and Results Disclaimers is here. You must read and agree to these before continuing, as they form an integral part of these Terms And Conditions
2 – EXERCISE PROTOCOLS
The authors have made every effort to ensure the accuracy of the information within any and all exercise Content or Tools we recommend, in particular with regard to the protocols and procedures of the specific exercise tracks. No patient however should perform any of these exercises without proper instruction from their doctor or therapist. The authors disclaim any responsibility for any adverse effects resulting directly or indirectly from the suggested protocols, undetected errors, equipment provided or the reader’s misunderstanding of this text/video. If, at any stage you feel discomfort or pain, immediately stop and consult your trained medical professional who is treating your condition.
Nothing replaces your relationship with the medical professional who is treating your condition(s). Ultimately you and they are in control of your health outcomes, and you must follow their advice – even if you have found something different in our Content. My Pain Kit is only a potential aid to your treatment, as directed by your qualified medical professional, so please consult with them in advance of and during any activities relating to the Kit. Please ensure they have fully reviewed, revised, excluded if necessary and approved any treatments you are doing either inside or outside the ones contained in the Pain Kit.
No part of this publication can be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or any information storage and retrieval system without permission in writing from the copyright owner. © Jointi Pacs Company Ltd. All rights reserved. Contact information is on our website.
3 – ONLINE STORE
Our e-commerce store is currently hosted in a third-party hosting site in the EU (currently Microsoft Azure). The e-commerce platform is Wordpress/Woocommerce with additional plug-ins and customizations.
The website is hosted in the EU and currently conforms to the existing EU GDPR legislation
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country or state of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any viruses, Trojan horses, worms, or any other harmful or detrimental programs or any code of a destructive nature.
We reserve the right to refuse our Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks, and we currently use third-party payment gateways such as PayPal and Stripe, who’s Terms and Conditions are to be found on their respective websites.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, Tools, Information or Products, use of the Service, combination of the Service, replication of combinations of information and/or products in the Service, access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Although we make every effort to ensure safety and security of our Service, we make no warranty that our Website or the hosting environment, technologies or servers that make the Website available are safe, secure, free from viruses or any other harmful components; as you know the internet is an inherently unstable place and can periodically issues can arise such as hacking or denial of service for example.
4 – PRODUCTS OR SERVICES
Products or Services offered through the website may have limited quantities and are subject to return or exchange only according to our Refunds & Returns Policy.
In representing our Products, we have made every effort to display colors, images, sizes and attributes of our products as accurately as possible. We cannot guarantee that your perception, your device’s display of colors, proportions or dimensions will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole and absolute discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
The Products and Services are provided “as is” and My Pain Kit makes no warranty or representation to you with respect to them. Neither My Pain Kit, nor any of our respective licensers, licensees, service providers or suppliers warrant that the Website or any function contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that
We do not warrant that the quality of any products, bundles, sub-products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
5 – MODIFICATIONS TO OUR SERVICES AND PRICING
Pricing for our products are subject to change without notice.
Pricing for our products will vary throughout different locations and currency jurisdiction which won’t necessarily correspond with an accurate currency conversion at that time.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6 – ACCURACY, COMPLETENESS AND TIMELINESS OF CONTENT
We are not responsible if Content provided by us, or by third-parties that we recommend or mention is not accurate, complete, current or effective. The Content we provide is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of Content, and explicitly endorsed by your own qualified medical practitioner. Any reliance on the Content or Tools from us is at your own risk.
This site may contain certain historical Content. Historical Content, necessarily, is not current and is provided for your reference only. We reserve the right to modify our information at any time, but we have no obligation to update any Content on our website. You agree that it is your responsibility to monitor changes to our site.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We may, in our sole and absolute discretion, reserve the right to refuse, limit or cancel any order you place with us, wholly or partially. In the event that we make a change to or an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refunds & Returns Policy.
8 – THIRD-PARTIES
Certain elements available via our Service may include materials from third-parties, or be endorsed by third-parties.
Links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, links, information or websites, or for any other materials, products, or services of third-parties, even those that we ostensibly recommend or endorse.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
Any issues regarding third-party offerings need to be sent directly to the third-party.
If, at our request, you send certain specific submissions (for example survey replies, or reviews) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole and absolute discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Your Personal Information submitted via the website/store is handled by our Privacy Policy.
- In addition to prohibitions as set forth in the Terms of Service, you are prohibited from using our Services or Content:
- for any unlawful purpose whatsoever, or to engage or solicit others to participate in any unlawful purposes
- to break any international, national, provincial or state laws, rules, copyrights or intellectual properties
- to upload misleading or false information
- to engage in any activity that would jeopardize the normal functioning of our Services
- to hack our system, or the personal information of others, or to use our servers and services to spam, DOS, DDOS, crawl, scrape or otherwise obtain information unlawfully
- for any obscene or immoral purpose
We reserve the right at our sole and absolute discretion to terminate any user availing of our Services if any of the above prohibited uses takes place.
11 – DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
The Website and the Services are provided “as is” and My Pain Kit makes no warranty or representation to you with respect to them.
All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral in respect of the Service are hereby expressly excluded by My Pain Kit to the fullest extent permissible by law
None of My Pain Kit or any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensers, service providers, subcontractors, suppliers, interns and employees, warrant that the Service or any Product or Content or Protocol contained in the Service will be uninterrupted or error-free, that defects will be corrected, or that the Website or the servers that make the Website available are free from viruses or other harmful components.
In no case shall My Pain Kit and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensers, service providers, subcontractors, suppliers, interns and employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law
12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless My Pain Kit and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensers, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party
13 – TERMINATION
Without prejudice to any of Our other rights and remedies, We reserve the right, in our sole and absolute discretion, to take any action that we deem necessary including suspending wholly or partly, temporarily or permanently, your access to the Services we provide, without limitation
14 – ENTIRE AGREEMENT
If we fail to exercise or enforce any right or provision contained within the Terms of Service does not constitute a waiver of such right or provision to do so
These Terms of Service supersedes any prior, recent or current agreements, communications or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service)
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
15 – GOVERNING LAW
These Terms will be governed by, and construed and enforced in accordance with, the exclusive jurisdiction and laws of Ireland, for any legal matter arising for the Terms
16 – CHANGES TO TERMS OF SERVICE
Any new features or tools which are added to our Service shall also be subject to the Terms of Service and the documents they incorporate by reference. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes
All inquiries should be addressed to: info@mypainkit.com
