Website Terms of Service Policy of Medical Intuitive Solutions.

ABN 38 917 719 838

November 2021 - Version 1

Please Note:

If you require assistance with our service or desire to provide us with feedback regarding accessibility or functionality, please contact us by emailing hello@fayebaxter.com.

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1.0 Welcome to Medical Intuitive Solutions.


1.1 Introduction:

Faye Baxter T/A Medical Intuitive Solutions ("Medical Intuitive Solutions," "We," "Us," "Our") provides its services (described below) to you through its website located at fayebaxter.com and fayebaxter.com.au (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Website Terms of Service (the "Terms of Service"). 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 9 (DISPUTES AND RESOLUTIONS WITH US), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US..

1.2 This Notice explains:

• 2.0 Access and Use of the Service

• 3.0 Conditions of Use

• 4.0 Intellectual Property Rights

• 5.0 Third-Party Websites

• 6.0 Indemnity and Release

• 7.0 Disclaimer of Warranties

• 8.0 Limitation of Liability

• 9.0 Disputes and Resolutions with Us

• 10.0 Termination

• 11.0 Disputes Between Users

• 12.0 The Entire Agreement

• 13.0 Contact Us

• 14.0 Other Polices

1.3 Modifications to Terms of Service:

At our sole discretion, we reserve the right to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing the Services' new functions or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. When using particular Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.

1.4 Privacy:

At Medical Intuitive Solutions, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

2.0 Access and Use of the Service

2.1 Use Description:

The Medical Intuitive Solutions service, and any content viewed through our Service, is for your personal and commercial use. With your Medical Intuitive Solutions purchase, we grant you a limited, non-exclusive, non-transferable, license to access the Medical Intuitive Solutions content and view your course(s) through the Service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. 

You agree not to use the Service for public performances. 

Medical Intuitive Solutions may revoke your license at any time at its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Service, as well as copies of such materials, whether made under these Terms of Service or otherwise.

2.2 Your Registration Obligations:

You may be required to register with Medical Intuitive Solutions to access and use certain Service features. If you choose to register for the Service, you agree to provide and maintain correct, accurate, current and complete information about yourself as prompted by the Service's registration form. Our Privacy Policy governs registration data and certain other information about you. If you are under 13 years of age, you are not authorised to use the Service, with or without registering. Also, if you are under 18 years old, you may use the Service, with or without registering, only with your parent or guardian's approval.

2.3  Member Account, Password and Security:

You may never use another's account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. 

You agree to: 

• immediately notify Medical Intuitive Solutions of any unauthorised use of your password or account or any other breach of security, and, ensure that you exit from your account at the end of each session when accessing the Service. 

• Medical Intuitive Solutions will not be liable for any loss or damage arising from your failure to comply with this Section.



2.4 Modifications to Service:

Medical Intuitive Solutions reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Medical Intuitive Solutions will not be liable to you or any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any time beyond what may be required by applicable law.

2.5 General Practices Regarding Use and Storage:

You acknowledge that Medical Intuitive Solutions may establish general practices and limits concerning the Service's use, including without limitation the maximum time that data or other content will be retained by the Service and the full storage space that will be allotted on Medical Intuitive Solutions's servers on your behalf. You agree that Medical Intuitive Solutions has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Medical Intuitive Solutions reserves the right to terminate accounts inactive for an extended time. You further acknowledge that Medical Intuitive Solutions reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

2.6 Mobile Services:

The Service may include certain services that are available via a mobile device, including 

• the ability to upload content to the Service via a mobile device, 

• the ability to browse the Service and the Site from a mobile device and, 

• the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). 

To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. Also, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier. Not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) whom we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using auto-dialled or prerecorded calls and text messages, as authorised by us to carry out the purposes we have identified above, and not for their purposes. If you change or deactivate your mobile telephone number, you agree to promptly update your Medical Intuitive Solutions account information to ensure that your messages are not sent to the person that acquires your old number.

2.7 Money Back Guarantee:

For any digital services sold or distributed on our site, unless otherwise noted during your purchase of the Service you choose, as required by applicable law in your jurisdiction, or as outlined in the refund policy applicable to any Service you purchase through a third-party marketplace (see Section 3.3 below), should you become dissatisfied with the Service within the first 14 days after purchase, Medical Intuitive Solutions will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 14 days after purchase. Refunds are not available for accounts that have violated Service's terms; violations are determined at Medical Intuitive Solutions's sole discretion. If Medical Intuitive Solutions determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. 

To request a refund or ask a question regarding any product of Our product or services, email Support at helllo@fayebaxter.com

3.0 Conditions of Use

3.1 User Conduct:

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("Content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. 

Medical Intuitive Solutions reserves the right to investigate and take appropriate legal action against anyone in Medical Intuitive Solutions sole discretion, violates this provision, including without limitation removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. 

You agree to not use the Service to:

• email or otherwise upload any content that infringes any intellectual property or other proprietary rights of any party; 

• you do not have a right to upload under any law or under contractual or fiduciary relationships; 

• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

• poses or creates a privacy or security risk to any person; 

• constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; 

• is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or 

• (vii)in the sole judgment of Medical Intuitive Solutions, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Medical Intuitive Solutions or its users to any harm or liability of any type; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; violate any applicable local, state, national or international law, or any regulations having the force of law; impersonate any person or entity, or falsely State or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18; harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; advertise or offer to sell or buy any goods or services for any business purpose that is not explicitly authorised; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

3.2 Fees and Taxes:

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Medical Intuitive Solutions information regarding your credit card or other payment instruments. 

You represent and warrant to Medical Intuitive Solutions that such information is accurate and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.

You agree to pay Medical Intuitive Solutions the amount specified in the payment plan (as well as any applicable taxes) under the terms of such plan and this Terms of Service. You hereby authorise Medical Intuitive Solutions to bill your payment instrument under the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account. You further agree to pay any charges so incurred. If you dispute any charges, you must let Medical Intuitive Solutions know within sixty (60) days after the date that Medical Intuitive Solutions charges you. 

We reserve the right to change Medical Intuitive Solution's prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the revised amount. 

You shall be responsible for all taxes associated with the Services. To the extent that any supply made under or in connection with this agreement is a taxable supply, the consideration for that supply is increased by an amount equal to that consideration multiplied by the rate at which GST is imposed in respect of that supply. For this term, GST means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 and words used in this term that have a defined meaning in that Act have the same meaning in this term unless the context requires otherwise.

3.3  Recurring Subscriptions: 

If you select a Service with an auto-renewal feature ("Recurring Subscription"), you authorise Medical Intuitive Solutions to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. 

If Medical Intuitive Solutions is unable to charge your account as authorised by you when you enrolled in a Recurring Subscription, Medical Intuitive Solutions may, in its sole discretion: 

• bill you for your Service and suspend your access to the Service until payment is received and/or 

• (seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorised by you.

Medical Intuitive Solutions may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. 

Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the price change date. As permitted by local law, you accept the new price by using your Recurring Subscription after the price change takes effect. If you disagree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please, therefore, make sure you read any such notification of price changes carefully.

Payments are nonrefundable, and there are no refunds or credits for partially used periods. 

You may cancel a Recurring Subscription at any time. Still, if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. 

Following any cancellation, however, you will continue to have access to the Service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits and the decision to provide them are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future under any circumstance.

If you subscribed on our Service, you can cancel by contacting Support by email at hello@fayebaxter.com or by going to Settings in your account, selecting Cancel under the Subscription box and then following the onscreen instructions to continue and cancel your subscription.

3.4  Special Notice for International Use; Export Controls: 

Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to Australian export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of Australian export laws. Downloading or using the software is at your sole risk. Recognising the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including online conduct and acceptable content.

3.5 Commercial Use.

Unless otherwise expressly authorised herein or by Medical Intuitive Solutions in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

4.0 Intellectual Property Rights


4.1 Service Content, Software and Trademarks:

We, You acknowledge and agree that the Service may contain content or features ("Service Content") protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by Medical Intuitive Solutions, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the previous does not apply to your User Content (as defined below) that you legally upload to the Service. In connection with your service use, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. 

If Medical Intuitive Solutions blocks you from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Medical Intuitive Solutions, our affiliates and our partners (the "Software"). 

You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software. Any rights not expressly granted herein are reserved by Medical Intuitive Solutions.

The Medical Intuitive Solutions name and logos are trademarks and service marks of Medical Intuitive Solutions (collectively the "Medical Intuitive Solutions Trademarks"). Other Medical Intuitive Solutions, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Medical Intuitive Solutions. 

Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Medical Intuitive Solutions Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Medical Intuitive Solutions Trademarks will inure to our exclusive benefit.

4.2 Third-Party Material:

Under no circumstances will Medical Intuitive Solutions be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Medical Intuitive Solutions does not pre-screen content but that Medical Intuitive Solutions and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. 

Without limiting the foregoing, Medical Intuitive Solutions and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Medical Intuitive Solutions, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate and bear all risks associated with using any content, including any reliance on the accuracy, completeness, or usefulness of such content.

4.3 User Content Transmitted:

Through the Service: Concerning the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. 

By uploading any User Content you hereby grant and will grant Medical Intuitive Solutions, its affiliated companies and partners (including but not limited to Medical Intuitive Solutions instructors, practitioners and other third parties providing instructional information through the Services, collectively "partners") a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service ("Submissions") provided by you to Medical Intuitive Solutions, its affiliated companies or partners are non-confidential, and Medical Intuitive Solutions, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Medical Intuitive Solutions may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

• Comply with legal process, applicable laws or government requests.

• Enforce these Terms of Service.

• Respond to claims that any content violates the rights of third parties.

• Protect the rights, property, or personal safety of Medical Intuitive Solutions, its users and the public.

You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

4.4 Copyright Complaints:

Medical Intuitive Solutions respects others' intellectual property, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you should notify Medical Intuitive Solutions of your infringement claim under the procedure set forth below.

• Medical Intuitive Solutions

ABN 38 917 719 838


Attention: Faye Baxter


hello@fayebaxter.com

PO BOX 366

Macedon Victoria

Australia 3440

For the Copyright Complaints to be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.

4.5 Counter-Notice:

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: 

• your physical or electronic signature; 

• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; 

• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and 

• your name, 

• address, 

• telephone number, and 

• email address, 

• a statement that you consent to the jurisdiction of the federal court located within Australia and a statement that you will accept service of the process from the person who provided notification of the alleged infringement.
  

If the Copyright Agent receives a counter-notice, Medical Intuitive Solutions will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice at our sole discretion.

4.6 Repeat Infringer Policy:

In accordance with the Australian Intellectual Property Law and/or other applicable law, Medical Intuitive Solutions has adopted a policy of terminating, in appropriate circumstances and at Medical Intuitive Solutions's sole discretion, users who are deemed to be repeat infringers. Medical Intuitive Solutions may also, at its exclusive discretion, limit access to the Service and/or terminate the memberships of any users who infringe on others' intellectual property rights, whether or not there is any repeat infringement.

5.0 Third-Party Websites:



5.1 The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Medical Intuitive Solutions has no control over such sites and resources, and Medical Intuitive Solutions is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Medical Intuitive Solutions will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third-party, and you agree that Medical Intuitive Solutions is not liable for any loss or claim that you may have against any such third party.

6.0 Indemnity and Release

6.1 You Agree to Release and Indemnify The Service:

To the fullest extent permitted by law, you agree to release, indemnify and hold Medical Intuitive Solutions and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. 

7.0 Disclaimer of Warranties


7.1 Your Use of The Service:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, Medical Intuitive Solutions EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Medical Intuitive Solutions MAKES NO WARRANTY THAT 

• THE SERVICE WILL MEET YOUR REQUIREMENTS, 

• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR 

• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

8.0 Limitation of Liability

8.1 Limitation of Liability of Your Use of The Service:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, Medical Intuitive Solutions WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Medical Intuitive Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: 

• THE USE OR THE INABILITY TO USE THE SERVICE; 

• THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

• UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR 

• ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Medical Intuitive Solutions's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Medical Intuitive Solutions IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

9.0 Disputes and Resolutions with Us

9.1 Disputes:

If you have any dispute with Us, you agree that before taking any formal action, you will contact Us by supplying notice of such also: 

• Medical Intuitive Solutions

ABN 38 917 719 838


Attention: Faye Baxter


hello@fayebaxter.com

PO BOX 366

Macedon Victoria

Australia 3440

and provide a brief,

• written description of the dispute and your contact information (including your username if your dispute relates to an account). 
  

Except for intellectual property and small claims court matters, the parties agree to use their best efforts to settle any dispute, claim, question or disagreement directly through consultation, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

9.2 Arbitration

At Our sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of Medical Intuitive Solutions Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of Victorian Civil and Administrative Act (VCAT) applying Victorian State law. 

9.3 Governing Law and Jurisdiction

All matters relating to this Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Victoria without giving effect to any choice or conflict of law provision or rule (whether of the State of Victoria or any other jurisdiction). 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service shall be instituted exclusively in Australia's federal courts or the courts of the State of Victoria in Australia, in each case located in Victoria Australia. However, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your State of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

9.4 Waiver and Severability

No waiver by the Us of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such Term or Service or a waiver of any other Term or Condition. Any failure of Us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. 

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. 

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND Medical Intuitive Solutions REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

10.0 Termination

10.1 Suspension or Termination of Service:

You agree that Medical Intuitive Solutions, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Medical Intuitive Solutions believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. 

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your Service use may be referred to appropriate law enforcement authorities. Medical Intuitive Solutions may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice.

You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Medical Intuitive Solutions may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. 

Further, you agree that Medical Intuitive Solutions will not be liable to you or any third-party for any termination of your access to the Service.

11.0 Disputes Between Users

11.1 Disputes with Any Other User Connected with The Service:

You agree that you are solely responsible for your interactions with any other user connected with the Service, and Medical Intuitive Solutions will have no liability or responsibility with respect thereto. Medical Intuitive Solutions reserves the right but has no obligation to become involved in any way with disputes between you and any other user of the Service.

12.0 The Entire Agreement

12.1 You, The Service and Medical Intuitive Solutions:

• These Terms of Service constitute the entire agreement between you and Medical Intuitive Solutions. They govern your use of the Service, superseding any prior agreements between you and Medical Intuitive Solutions with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third party software. These Terms of Service will be governed by the laws of the State of Victoria, Australia, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as outlined in Section 9 above, you and Medical Intuitive Solutions agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Victoria, Australia. The failure of Medical Intuitive Solutions to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Medical Intuitive Solutions, but Medical Intuitive Solutions may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are convenient only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Medical Intuitive Solutions be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service..

13.0 Contact Medical Intuitive Solutions

13.1 Please feel welcome to contact us if you have any questions about Medical Intuitive Solutions 'Terms of Service' and the use of the Service.


You may contact us by email at:

• Medical Intuitive Solutions

ABN 38 917 719 838


Attention: Faye Baxter


hello@fayebaxter.com

or, you may also contact us by email at:

• hello@fayebaxter.com

  and, Request for information about Medical Intuitive Solutions's Privacy Policy

14.0 Other Polices

14.1 You can view our other Site Policies, such as Medical Intuitive Solutions Cookie Policy and our Privacy Policy. Please contact our Medical Intuitive Solutions by email if you require any additional service about our Site Policies.