Last updated: 20 September 2024
This End User Licence Agreement (EULA) is a legal agreement between you (the "End User") and Balance Mat Pty Ltd (the "Licensor"). By installing, using or accessing Balance Mat software (the "Software") and Services (defined as all of Balance Mat Pty Ltd's websites, services, products including computerised mat hardware and the Balance Mat Test Results System database where information is stored), you agree to be bound by the terms of this EULA.
The Licensor grants you a non-exclusive, non-transferable, limited licence to use the Software and Services for your own personal, commercial or academic use. You may not modify, copy, distribute or sell the Software. You may use the Software to collect, store and track any changes in personal information related to your clients' balance and health status. The Licensor reserves the right to use de-identified data collected by the End User in a normative database for scientific, educational and promotional purposes.
Balance Mat Services are intended for practitioners, businesses, university researchers and students in the allied health, medical, disability and aged care sectors.
The Balance Mat is not suitable for personal, unmediated, unqualified use. Rather, Balance Mat Services are intended to be used in conjunction with the health professional, allied health, aged care or disability provider's own knowledge, qualifications and experience in the treatment of and / or exercise prescription for individuals with balance disorders.
The Services are useful to a wide range of balance testers in exercise physiology, exercise science, physiotherapy, (including vestibular physiotherapy and related disciplines), strength and conditioning coaches, nurses, doctors, specialists, personal trainers, fitness instructors, healthy ageing class facilitators, geriatricians and other specialists, universities, hospitals, medical centres, aged care providers and sports clubs. Balance Mat Pty Ltd and Balance Metrix employees and associates also use Balance Mat Services. By using Balance Mat Services you warrant that you belong to one of these groups or organisations.
People and organisations outside these groups may qualify if they undergo training in Balance Mat Services delivered by Balance Mat Pty Ltd or a third-party partner.
Please note that information provided by Balance Mat Services is not comprehensive, does not constitute medical or allied health advice and cannot be used for the diagnosis or treatment of medical conditions.
Should Balance Mat results indicate a person has a balance impairment, referral to a GP, specialist or appropriate allied health practitioner is recommended.
By clicking the ACCEPT button or accessing software provided by or in partnership with Balance Mat Pty Ltd and its affiliates you represent that you belong to one of the above groups, that you understand this agreement and that you agree to be bound by its terms and conditions.
You must be 18 years or older to access Balance Mat Services. Use of our Services represents to us that you warrant you are 18 years or older.
You may not use the Software for any illegal or unauthorised purpose or to harm or exploit others. The Licensor will not store any details that provide for identification of individuals.
The End User becomes bound by this EULA from the date they install, use or access Balance Mat Services.
The Licensor or End User may terminate this EULA at any time for any reason.
In this event the Licensor guarantees that Data collected by the End User will remain available to the End User on Balance Mat Services even though the Balance Mat will no longer be operable.
Upon termination, the End User's ability to operate the Balance Mat and collect and store Data will cease. However, the Data you have collected up to the point of termination will remain available to you on Balance Mat Services via your user name and password.
The Software is provided "as is" and the Licensor makes no representations or warranties, express or implied, about the Software. The Licensor does not warrant that the Software will be error-free or that it will meet your requirements.
In no event will the Licensor be liable to you for any losses or damages, including but not limited to direct, indirect, incidental, special or consequential damages arising out of or in connection with the Services.
To the maximum extent permitted by law, in no event shall we be liable to you or any third party for any direct, indirect or consequential loss, damage or expense, regardless of how it occurs or arises, which may be suffered due to your use of our Services and/or the information or materials contained therein, or as a result of the inaccessibility of our Services and/or the fact that certain information or materials are incorrect, inaccurate or out of date.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
This EULA will be governed by and construed in accordance with the laws of the Australian Capital Territory (ACT).
This EULA constitutes the entire agreement between you and the Licensor and supersedes all prior or contemporaneous communications, representations or agreements, whether oral or written.
If any provision of this EULA is held to be invalid or unenforceable, that provision will be struck from this EULA and the remaining provisions will remain in full force and effect.
Unless indicated otherwise, we own, or license from third parties, any and all rights, title and interest to the content made available via our Services (where "Content" is defined as any copyright, designs, patents, trademarks and other intellectual property rights, all text, graphics, logos, audio and software) and "Services" is defined as websites, services, products including computerised mat hardware and the Balance Mat Test Results System database where information is stored).
Use of Balance Mat Services does not grant or transfer any rights, title or interest to you in relation to the Service or Content. We grant you a license to access the Service and view the Content only on the T&Cs set out in this Agreement, and, if applicable, as expressly authorised by us and/or our third- party licensors.
Any reproduction or redistribution of any of our Services or Content is expressly prohibited except to the extent permitted by law and may result in civil or criminal penalties.
Intellectual property in the Balance Mat is protected by patent no. 2018305725 granted on 23 January 2020 by the Australian Commissioner of Patents. Any patent infringement will be met with legal action.
Balance Mat Services are the intellectual property of Balance Mat Pty Ltd. Any infringement of copyright will be met with legal action.
No waiver of any provision of this EULA will be effective unless in writing and signed by both parties.
All notices and other communications under this EULA will be in writing and deemed to have been duly given when delivered via email, as follows:
- if to the Licensor: ian.bergman@balancemat.com.au
- if to the End User: The email address provided by the End User to the Licensor during the registration process.
The headings in this EULA are for convenience only and will not affect its interpretation.
This EULA may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Information
For more information see the Terms of Service (TOS) , Terms & Conditions (T&Cs), Privacy Policy and Cookies Policy