Terms and Conditions

Hinna Pty Ltd (ABN 52 660 288 595) trading as Heelr (Heelr, us, our, or we) makes available the Program and Website to end users (you) and your children aged 8 and over (child) in accordance with and subject to these terms of service (Terms). These terms contain important information, including disclaimers and limitations of liability in relation to the Program.

Acceptance of these Terms and Conditions

By purchase of Heelr product, you agree to accept Terms + Conditions. Full T&C’s below.

Hinna Pty Ltd (ABN 52 660 288 595) trading as Heelr (Heelr, us, our, or we)  makes available the Program and Website to end users (you) and your children aged 8 and over (child) in accordance with and subject to these terms of service (Terms). These Terms contain important information, including disclaimers and limitations of liability in relation to the Program.

  1. Acceptance of these Terms and Conditions

      1. You agree on your own behalf and, where relevant, on behalf of your child, to be bound by these Terms by clicking the "I accept" button in order to purchase the Program, or by otherwise using, browsing or accessing any part of the Website. 

      2. If you do not accept these Terms on your own behalf and, where relevant, on behalf of your child, you and/or your child must not use the Program or the Website. If you or your child breach any of these Terms, we may remove or block your or your child's access to the Program or Website. 

      3. We may, from time to time, review and update these Terms, including to take account of new laws, regulations, products or technology. Your or your child's use of the Program and Website will be governed by the most recent Terms posted on the Website. By continuing to use the Program, you agree on your own behalf and, where relevant, on behalf of your child, to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms. 

      4. You agree on your own behalf and, where relevant, on behalf of your child, to use the Program and Website in good faith in accordance with these Terms and applicable Laws.

  2. About the Program

The Program is an informational tool which provides you or your child with non-tailored educational information about at-home management of heel and arch pain relief. 

  1. Payments

      1. Access to the Program for you or your child is subject to a fee. You must pay the fee of AUD$149 (Fee) and provide complete and accurate payment information in order for you or your child to access the Program. 

      2. Payments for the Program are made online by credit or debit card. It is your responsibility to keep all payment details up to date and correct. 

      3. The Program can be accessed by you or your child for 6 weeks following payment. After this period, the Program will not be available to you or your child. 

  2. Suitability

      1. The information contained in the Program may not be suitable for all heel or arch pain. We recommend you or your child consult with your treating health professional before commencing the Program. 

      2. You or your child will not be suitable for at-home management of heel and arch pain relief if:

        1. you or your child have had previous surgery to the foot, ankle or lower leg;

        2. your or your child's BMI is greater than 26; 

        3. you or your child suffer from chronic inflammatory issues relating to joints, muscles, tendons or ligaments;

        4. your or your child's foot, ankle or lower leg is red, hot or swollen; 

        5. your or your child's foot, ankle or lower leg injury is acute; or

        6. your child is younger than 8 years of age.

        7. you have a history of peripheral vascular disease

        8. you have chronic oedema/swelling of the lowers legs, ankles or feet

        9. are a chronic smoker

        10. have been diagnosed with Diabetes

      3. If you or your child's pain is due to a traumatic injury or a sudden event, you or your child must first seek the opinion of a medical practitioner before commencing the Program.

      4. Cease the use of socks if you experience any discomfort, swelling below or above the socks, varied sensations or varied colouration of the toes.

      5. By accessing in the Program you represent and warrant that:

        1. you or your child do not fall into any of the categories listed in clause 4(b); and

        2. if you or your child's pain is due to a traumatic injury or a sudden event, you or your child have consulted with your treating medical practitioner before commencing the Program. 

  3. No medical advice or recommendations

      1. The Program is an information and educational tool only.

      2. Subject to the shoe size of an orthotic insert being variable based on the shoe size that you select when you purchase the Program for yourself or your child, the Program is a uniform program and is not tailored by Heelr to, or for, you or your child.  

      3. All information contained or accessed through the Program:

        1. is not, and is not intended in any way to be, or to be a substitute for, professional medical advice, nor does it replace a health care provider's diagnosis or independent judgment about the appropriateness or risks of a procedure or treatment;

        2. is general educational or factual information and does not involve any recommendation or statement of opinion by us or any third party; 

        3. should not be relied on to form any diagnosis or determine any appropriate treatment for a particular medical condition; and

        4. does not to create a physician-patient or treatment relationship with you or your child.

      4. To the greatest extent permitted by Law, reliance on and use of any content on the Program is solely at your or your child's own risk. Please consult a health care provider for advice about a specific medical condition or treatment. Never disregard medical advice or delay in seeking medical advice because of something you have read on the Program. You or your child may have an underlying medical problem that requires an appropriate healthcare practitioner to detect. If you or your child are taking medications, those medications could influence how you or your child experience various symptoms.

      5. The Program strives to be a valuable resource of information for its users. However, we cannot ensure and do not represent or warrant that the information provided is exhaustive or complete on every potential heel, arch or achilles pain concern or that it will necessarily include any or all of the most recent information available on a particular topic. We make no representation that we will update or keep updated information made available through the Program. 

  4. Notifications

      1. We may, from time to time, communicate with you in relation to the Program via SMS, email and push notification, including to send you regular emails with exercise progression, reminders and updates, and respond to your or your child's inquiries.  

      2. By purchasing the Program, you consent to us using your mobile phone number and email address to send you such notifications.  

  5. Products

      1. When you purchase the Program for you or your child, you will provide Heelr with information in relation to your or your child's foot size and address to allow Heelr to send you or your child an orthotic insert, massage ball and compression socks (Products).  

      2. The Products are manufactured by a third party and Heelr provides the Products to you or your child solely as a retailer. 

      3. You acknowledge and agree on your own behalf and, where relevant, on your child's behalf that:

        1. Heelr is not responsible for any incorrect Product or delay in delivery of a Product due to any information provided by you or your child; 

        2. If there is any fault or defect in a Product, to the greatest extent permissible by Law Heelr's liability will be limited as set out in clause 14 of these Terms. 

  6. Prohibited uses

When using the Program, you and your child must not engage or attempt to engage in any activities that:

      1. disrupt, impair, alter or otherwise interfere with the functions, features, Content or Website;

      2. violate any applicable local, state, federal or international law including, without limitation the Spam Act 2003 (Cth), the Copyright Act 1968 (Cth), principles of law or equity established by decisions of courts and statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a government agency;

      3. introduce or allow the introduction, transmission, distribution or uploading of any, virus or other potentially harmful programs, materials, information or malicious code into the Website or any related network;

      4. use any device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;

      5. modify, adapt, decompile, reverse engineer, disassemble or otherwise reduce the Program or Website or its contents to a human-perceivable form;

      6. remove any copyright, trademark or other proprietary rights notices contained in the Website;

      7. harvest or collect information about Website visitors or users;

      8. involve the unauthorised use of any machine or network, denial of service attacks, falsification of header information or user identification information, monitoring or scanning the networks of others;

      9. gain unauthorised access to the Program;

      10. restrict or inhibit any other visitor from using the Program, including, without limitation, by means of "hacking" or defacing a portion of the Website;

      11. result in the placement, posting, uploading of, linking to, sending, storing or otherwise communicating or distributing in any way content that is (or is likely to be considered) inappropriate, defamatory, abusive, profane, infringing, obscene, indecent, or unlawful material or information;

      12. violate the rights of any third party (including, without limitation abusing, stalking, threatening or otherwise, infringement of copyright, trademark, or other intellectual property right, misappropriation of trade secrets, confidential information, electronic fraud, invasion of privacy, pornography, obscenity or libel);

      13. involve distribution of unsolicited advertising or chain letters, harassment of other users or third parties, impersonating another user, falsifying a user's network identity for improper or illegal purposes, gaining unauthorised access any parts of the Program, sending unsolicited bulk emails or calls, continuing to send someone email after being asked to stop and using a network to gain unauthorised entry to any other machine accessible via a network;

      14. are commercial, including selling, modifying, displaying, distributing or otherwise using any Content, in whole or in part, for any public or commercial purpose without Heelr's prior written consent, marketing, advertising or promoting goods or services, collecting and using any product lists or pricing for the benefit of other merchants, or re-selling, sublicensing or translating the Program; or

      15. use any meta-tags or any other "hidden text" utilising Heelr's name or Content without our express written permission.

  1. Termination and suspension of access

      1. We may terminate or suspend your or your child's access to the Program if you or your child:

        1. breach any of these Terms;

        2. otherwise bring Heelr or its Representatives into disrepute. 

  2. Privacy and use of personal information

      1. Heelr collects and uses your and/or your child's personal (including sensitive) information (Information) to provide you or your child with, develop and continue to improve the Program, including: 

        1. to provide you and your child with information about common heel and arch pain conditions;  

        2. to process payments for the Program; and

        3. for other purposes described in Heelr's Privacy Policy. 

If you or your child do not wish to provide Information requested by Heelr, we may not be able to provide you or your child with the products and services you request. 

      1. We may disclose Information to third parties such as Heelr's service providers (such as web platform providers and marketing agencies) and third parties who fund you or your child's access to the Program (such as private health insurers).  Some of Heelr's service providers may be located overseas and, as such, Information may be disclosed and stored overseas such as in the USA. 

      2. Heelr may use Information to contact you (including by telephone call, SMS, email or mail) in relation to products, services or other offers we think may be of interest to you or your child. This may include products, services or other offers of Heelr or third parties with whom we have a relationship.  You may opt-out of receiving marketing information from Heelr at any time by contacting us using the contact details below. Please note that if you opt-out of receiving marketing information from Heelr, we may still contact you (including by SMS and email) to provide you with information as part of the Program.

      3. Heelr collects, holds, uses and discloses Information in accordance with its Privacy Policy which is available at www.heelr.com.au. Heelr's Privacy Policy contains further information about how Heelr handles Information. This includes information on how you or your child can seek to access and/or correct the Information that we hold as required by Law and make a complaint about the way the Information is being handled by Heelr and how Heelr will deal with complaints. 

      4. If you have any questions about how Heelr handles Information, please contact us at info@heelr.com.au.

      5. By using the Program, you acknowledge and agree on your own behalf and, where relevant, on your child's behalf, that you have read our Privacy Policy and you consent to the collection, handling, use and disclosure of Information in accordance with this clause 10 and our Privacy Policy.

  1. Intellectual Property 

      1. All intellectual property rights (including copyright and patents) in the Program and Content and all components of them are owned or licensed by us unless otherwise indicated. You and your child must not copy, modify or transmit any part of the Program or any Content except as permitted in these Terms. 

      2. The Program and Content contain trademarks, logos, service names and trade names of Heelr or third parties that may be registered or otherwise protected by Law. You and your child are not permitted to use any trademarks, logos, service names or trade names appearing on the Program or Website.

  2. Changing the Program

We may change and improve the Program. We may adapt, add or remove functionalities or features, and we may suspend or stop a service offered through the Program, or the Program itself, altogether.

  1. Use outside of Australia

Heelr makes no claims that the Program is appropriate, legal or may be accessed outside Australia. Access to the Program and other content and services may not be legal by certain persons or in certain countries. If you or your child access the Program from outside Australia, you and your child do so at their own risk and are responsible for compliance with the laws of the relevant jurisdiction.

  1. Disclaimer of warranties and limitation of liability 

      1. You agree on your own behalf and, where relevant, on behalf of your child, that you and your child have not relied on any representation, description, illustration or specification that is not expressly stated in these Terms.

      2. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you or your child by Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL), or any other applicable Law, that cannot be excluded, restricted or modified by agreement. 

      3. To the greatest extent permitted by Law (including the ACL), Heelr and its Representatives exclude all warranties, whether express or implied (not including any consumer guarantees under the ACL), including any warranties or representations concerning availability of the Program, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Program including Content, all links to or from the Program and the goods and services accessible using the Program. 

      4. Subject to the consumer guarantees provided for in consumer protection legislation (including the ACL), we do not warrant that you or your child will have continuous access to the Program or that it will be supplied fault free. We will not be liable in the event that the Program or the full functionality of the Program or Website is unavailable to you or your child for any reason including due to network or hardware downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.

      5. We do not guarantee the delivery of communications over the internet as such communications rely on third party service providers. The exchange of information electronically is vulnerable to interception by third parties and we do not guarantee the security or confidentiality of information available through the Website nor the security of the Website. 

      6. To the greatest extent permitted by Law (including the ACL), Heelr liability in respect of any non-excludable warranties or conditions relating to:

        1. the Program and Website including Content, all links to or from the Website, and the goods and services advertised or accessible using the Website is limited to resupplying the relevant Program or the reasonable cost of resupplying the relevant Program, whichever Heelr sees fit to provide;

        2. the sale and delivery of a Product is limited to the resupply of the Product. 

      7. For all other claims or liability, and to the greatest extent permitted by Law, the maximum liability of Heelr and its Representatives for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, a Product, the Program or Website  will be the amount of the Fee.  

      8. Except where Heelr fails to meet a consumer guarantee under the ACL and notwithstanding any other provision of these Terms, Heelr will not be liable to you or your child for any damage, loss or expense resulting from or caused by:

        1. any act of Heelr or its Representatives which was carried out in good faith (notwithstanding that such act may have been in breach of these Terms or negligent);

        2. any act or omission of any third party;

        3. any inaccurate or incorrect Third Party Information; 

        4. any inaccurate or incorrect information provided by you or your child;

        5. any event or circumstance beyond Heelr's reasonable control including, without limitation, a Force Majeure Event;

        6. any breach of these Terms, negligence, default, fraud or dishonesty by you or your child;

      9. To the greatest extent permitted by Law, Heelr and its Representatives will not be liable to you or your child for any direct or indirect lost profit, loss of opportunity, incidental, consequential or special damages, howsoever the loss is caused and regardless of whether it was foreseeable or not.

  2. Indemnity

You agree on your own behalf and, where relevant, on behalf of your child, to indemnify Heelr and its Representatives in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings it incurs howsoever arising, whether at common law (including negligence) or under statute, in connection with any breach of these Terms by you or your child.

  1. Contacting Heelr

If you have questions about the Program, these Terms or the Privacy Policy, please contact Heelr by email at info@heelr.com.au.

  1. General

Force Majeure

Where any failure or delay by a party (Affected Party) in the performance of its obligations under these Terms is caused, directly or indirectly, by a Force Majeure Event:

      1. the Affected Party must as soon as practicable give the other party written notice of that fact;

      2. the Affected Party is not liable for that failure or delay;

      3. the Affected Party's obligations under these Terms are suspended, to the extent to which they are affected by the relevant Force Majeure Event, for the duration of the Force Majeure Event; and

      4. if the Force Majeure Event continues for more than 90 consecutive days and while it continues, any party other than the Affected Party may, at its sole discretion, terminate these Terms by giving written notice to the Affected Party.

Interpretation

      1. These Terms are governed by and construed in accordance with the laws of Victoria. The parties to these Terms submit to the non-exclusive jurisdiction of the Courts of Victoria.

      2. These Terms, and any provision of the Terms, are not to be construed to the disadvantage of a party because that party was responsible for their preparation.

      3. Headings in these Terms are intended for convenience of reference only. Forms of words will be construed to include singular or plural, and any gender, masculine, feminine, or neutral, as the context requires, and "including" means "including but not limited to". Person includes a company, trust, body corporate or other legal person. Reference to a person includes an individual, corporation, trust or statutory body.

      4. Nothing in these Terms will be construed as creating a relationship of partnership, of principal and agent or of trustee and beneficiary between you or your child and Heelr or any Representative. 

      5. Any provision of these Terms (or any part thereof) which is invalid in any jurisdiction must, in relation to that jurisdiction:

        1. be read down to the minimum extent necessary to achieve its validity, if applicable; and

        2. be severed from these Terms in any other case,

without invalidating or affecting the remaining provisions of the Terms or the validity of that provision in any other jurisdiction.

No amendment

No amendment to, or waiver of right under, these Terms are effective unless in writing signed by the authorised representatives of the parties.  

  1. Definitions

ACL means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Content means any content, information or materials available through the Program or Website. 

Force Majeure Event means any act, event or cause, other than a lack of funds, which: 

      1. directly or indirectly results in a party being prevented from or delayed in performing any of its obligations under these Terms; and

      2. is beyond the reasonable control of that party.

Heelr means Hinna Pty Ltd (ABN 52 660 288 595) trading as Heelr.

Law means:

      1. principles of law or equity established by decisions of courts;

      2. statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia; and 

      3. requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia that have the force of law. 

Products has the meaning given to that term in clause 7(a).

Program means the Heelr branded information program for educational resources relating to heel and arch pain available through the Website. 

Related Entity has the meaning given to that term in the Corporations Act 2001 (Cth).