The Essentials of Posture & System Integrity

Terms and Conditions of Single-Module Registration

These terms and conditions (“Terms”) govern your conduct and ours in connection with registering for the single module you have selected (broadly referred to as “the Program”). By registering for the Program, you acknowledge that you have read and accept these Terms. If you do not agree to the Terms, do not proceed.

A reference in the Terms to “we”, “us” or “our” is a reference to Neurotricional Sciences Education Pty Ltd ABN 27 162 445 829, trading as Ken Ware NeuroPhysics Therapy Training & Education.

“iCohere” refers to the iCohere Unified Learning System, a software platform for which Neurotricional Sciences Education Pty Ltd has a use license.

“LMS” refers to the iCohere Learning Management System where the Program’s online education takes place.

1. Your obligations 

(a) By agreeing to the Terms and registering in the Program, you:

1. understand and agree that you have 75 calendar days of access to the LMS per module, starting from the date you are first provided access to the LMS to begin (“Access Period”). 
2. understand that if your final tests are submitted by the 60th day of the Access Period, their grades and instructor written feedback will be viewable by you until the end of the Access Period. This is to ensure you understand that final grading may take between 7-10 days to post to your grade book. 
3. warrant that all information provided to us in connection with your registration is true and correct.
4. confirm that you have access to the minimum requirements to undertake the Program: reliable internet connection, computer, laptop, or tablet with keyboard, keyboarding skills, and ability to open, use, and save Microsoft Word documents, and English language reading and writing skills.
5. confirm that you understand the LMS is not designed with smart phone accessibility.
6. agree to retain a valid email address in your iCohere Profile page at all times during the Access Period which we will use to contact you for the duration of your Program;
7. agree to keep your username and password to the LMS secure and not permit anyone else to access the LMS using your user information;
8. must comply with codes of conduct, as contained herein and as may be amended from time to time;
9. agree to comply with any terms and conditions of use of the Learning Management System (“LMS”);
10. confirm that you’ve read and understood all the information in these Terms and you agree to act in accordance with the Terms at all times;
11. warrant that you are an individual capable to personally agree to the Terms.

(b) You acknowledge that you may be prevented from registering with us or have your registration cancelled if we determine that any of the above statements are untrue, or if you are otherwise in breach of these terms and conditions. 

2. Our Obligations 

(a) Subject to these terms and conditions, we will provide you with access to an online learning environment (“LMS”), which hosts the Program. 

(b) During the Access Period, we will:

1. respond to your reasonable questions throughout your Program; and
2. issue a Certificate of Module Completion upon your successful completion of your Program.
3. provide you with access to student support services, and
4. grade and provide feedback on your assignments and tests, and
5. notify you if iCohere notifies us of a technical downtime of unusual duration.

(c) From time to time we may make additions or amendments to the Program (including revising modules, learning materials and activities, and tests), policies, or procedures. Any such changes will be effective when made and incorporated into these Terms. Your continued use of the Program will be deemed acceptance of any changes to the Terms.

(d) In the event you later wish to enroll in one of our Certificate programs which also use the Program module you have registered for and successfully completed, we will transfer your single-module record to the Certificate program to ensure you are credited as having completed it.

3. Code of Conduct 

(a) You must comply with any applicable Code of Conduct issued by us including those in these Terms. Such codes provide a clear understanding of the expectations and obligations we expect from you when participating in our Program with regard to personal and academic conduct. You are expected to comply with these principles for the duration of your enrolment.

(b) You must behave honestly, ethically and responsibly in all dealings with us and your fellow students, following these principles:

1. When communicating, focus on the situation, issue or behaviour, not on the person;
2. Maintain and protect the self-confidence and esteem of others; 
3. Maintain constructive relationships with staff and fellow students; 
4. Maintain a professional attitude and commitment toward learning 
5. Avoid the use of inappropriate language and behaviour in any communication with students and staff; 
6. If you don’t follow these behaviors and their underlying principles, based on the nature of your misconduct, you may potentially be withdrawn from your Program, and may incur financial penalties such as loss of enrolment and tuition fees.

4. LMS website use 

(a) You agree to comply with any applicable terms and conditions for use of the LMS, any websites maintained by us, social media sites, and student platforms for the duration of your enrolment. If we consider that you’re not complying with these requirements, we may withdraw you from your Program, which may result in financial penalties such as loss of your Program fee.

(b) You agree that you will not upload or post any of the following content anywhere on our websites, the LMS, social media sites or any other website:

1. confidential information or other information that you do not have the right to disclose (whether under contractual obligation or otherwise);
2. content that may be misleading or deceptive;
3. negative or defamatory statements that may harm the reputation of us or any student or instructor; 
4. advertising, marketing or promotional material, or other unauthorised commercial communications (such as spam); 
5. content which you do not have the right to upload, post, email or otherwise transmit, such as content which is protected by copyright, patent, trade mark, service mark or any other proprietary right (unless you have express, written permission from the owner and, where applicable, include appropriate acknowledgement);
6. material which contains a virus or other harmful (or potentially harmful) code;
7. content that defames, harasses, bullies or threatens others (this includes language which is lewd, aggressive, insulting, racist, sexually explicit, threatens bodily harm / death, general serious threat, planting statements to provoke third party stalking harassment
8. content that discusses illegal activities, with the intent to commit (or encourage others to commit) such illegal activities; 
9. content that contains obscene or offensive language or images (such as pornography or nudity); 
10. content that is unlawful;
11. content that is otherwise harmful (or potentially harmful) to us or other users of the websites. 

(c) We reserve the right to remove any content from our websites, social media sites or the LMS in our sole discretion, but are not required to do so. If content you have posted is removed, you may not be notified that this has occurred. You acknowledge that we do not screen or moderate all content posted to the LMS or our websites by users, and release us from any liability in respect of loss or damage suffered due to the use of the LMS or our websites.

(d) The Program uses self-paced learning, which means you complete the components of the Program at your own pace within the Program’s access period. These Terms and Conditions stipulate your registered enrolment and LMS access period as 75 calendar days. It is your individual responsibility to manage your schedule to complete the Module within the Access Period.

(e) To help you manage your time for successful completion, the Program publishes estimated time ranges to complete various learning activities. These are unofficial estimates and may be shorter or longer than the time you actually spend. 

5. Copyright 

(a) You acknowledge that all Program content is protected by copyright for your sole individual purpose of studying as a registered student, and it must not be distributed, copied or shared in any form by any means for any reason.

(b) You agree that you will only use Program content for your personal study, the only way that is permitted by these Terms. 

6. Confidentiality 

(a) You agree that for the purposes of the Terms: 

“Confidential Information” means all information (written, video, or otherwise) relating to and provided by the Program, including (without limitation) Ken Ware NeuroPhysics Therapy, exercise prescription and technique, Program material, and other knowledge, techniques and/or processes in relation to the Program, whether owned by us or any associated or related entity, but does not include information which:

1. was known to you prior to its disclosure by us;
2. enters the public domain otherwise than by your default; 
3. was obtained in good faith from a source other than us or an entity that is associated or related to us, and that was entitled to provide it.  “Permitted Purpose” means for the purposes of your single-student study use as you undertake the Program in accordance with these Terms. 

(b) You agree to keep the Confidential Information confidential and shall not, without our prior written consent, disclose any of the Confidential Information to any third party, unless required by law.

(c) You agree that you will not use the Confidential Information for any purpose other than the Permitted Purpose or do anything in relation to the Confidential Information which might be directly or indirectly detrimental to us.

(d) You agree that you will not make copies or otherwise share any Confidential Information and shall return all copies of the Confidential Information provided by us immediately upon being requested to do so. 

(e) You acknowledge that monetary damages alone shall be an insufficient remedy for a breach of the provisions of the Terms and that we shall be entitled to injunctive relief to restrain a breach or threatened breach. 

7. Warranties 

(a) You acknowledge that no warranty is provided by us in respect of any of the Program material, and you accept all liability for your actions. 

(b) The Program is sold on a “as is” basis, and you acknowledge that our maximum liability in respect of any action whatsoever shall be limited to the amount of Program fees paid by you under the Terms. 

(c) We do not warrant that the LMS will be constantly available or that your access to the LMS will be uninterrupted or error free. The LMS may be unavailable from time to time due to scheduled maintenance, external intruders (e.g., hackers), virus, worm, or denial of service attacks, power failures or other factors, and you release us from any liability arising from any loss or damage suffered by the unavailability of the LMS. 

8. General 

(a) These Terms constitute the entire agreement between you and us and governs your use of the Program. The Terms are governed by and is to be construed in accordance with the law applicable in Queensland. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Terms.

(b) If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

(c) The Terms may only be varied if we notify you of changes to the Terms in writing or if you make a request to which all parties agree in writing.

(d) Our failure to enforce any right or provisions in the Terms will not constitute a waiver of such or any other provision. We will not be responsible for any failure to fulfil any obligations due to causes beyond its control.

(e) You acknowledge that any notices we send to you (including notice of changes to these Terms) will become effective immediately on being sent, and that your email used in registration is our official means of contacting you. 

Privacy Policy for Single-Module Registrations
Effective date 22 October 2018 

We want you to know how our secure online payment and registration steps work. The secure payment system is provided by PayPal, which processes payments via either your debit/credit card or PayPal account. Thus, your sensitive payment method information is not available to us. PayPal uses your information for the sole purpose of processing your payment on our behalf. PayPal’s privacy policy can be viewed here. 

After receipt of your payment, we use your name and email address to register you in our online education system. That system uses the non-payment related personal information you give it to enable us to provide you educational services under the Terms and Conditions of your registration. We will not share or sell any of your personal information with any third party. 

We use your information to create your access to the online learning system, to manage your participation in your Program, to maintain your permanent student record, to improve our education programming, and to communicate with you about your Program during your participation in it. 

Only if relevant government authorities require us by law to do so will we disclose any of your personal information to them. 

We may combine some of your anonymous personal information such as gender, age, state/province and country with others’ anonymous information of the same kind solely to inform our marketing of Ken Ware NeuroPhysics Therapy education. 

Deletion of Your Information 

Your participation in the Program depends on us using your information to serve you and to, at your option in the future, easily implement the academic transfer of your successfully-completed Program record to the Neurotrician Certificate program. 

You have the right to request deletion of all your personal information and thus the electronic record of your education. If you successfully complete your Program and all your information was deleted at your request, you would just need to send us the original electronic completion certificate we issue at the end of your program to prove you had been a student in the Program. That certificate in your possession would be the only remaining record of your Program. If it were lost, for example in a disk drive failure, but you wanted us to apply your achievement toward earning the Neurotrician Certificate, you would need to re-register and complete your Program as if you had never done so before. 

To request the deletion of all your information in our records, you can email Nickie Ware at info@neurophysicstherapy.global.

Cancellation Policy for Single Module
Website Sales (22 Oct 2018) 

During normal business hours (Australia Eastern Standard Time, excluding weekends and holidays) after we have the notice from PayPal of your successful payment, we register you in the online education program. That registration will be completed on business days from a few minutes up to 24 hours after your PayPal payment. You may request a cancellation and refund of your purchase only if we receive your request to info@neurophysicstherapy.global before we have registered you in the education program. No refunds are possible after we register you in the program because that step gives you immediate access to the program materials.