Terms & Conditions

A. Warning

  • This app is not a substitute for professional physiotherapy treatment or medical advice.
  • You MUST read and thoroughly understand all sections of the app BEFORE starting these exercises.
  • Some medical conditions are not treatable with exercise. If you are pregnant or have any degenerative, inflammatory or infectious diseases, or cancer, or if you experience any of the following symptoms: severe unrelenting pain and/or night pain; dizziness, blurred vision or ringing in your ears; pins and needles or numbness down your arm and/or into your hand, you must seek medical advice before using this app.
  • If a particular exercise appears to aggravate your symptoms, then stop that exercise immediately.
  • If pain persists you must seek immediate physiotherapy or medical advice.
  • You must agree to the Terms and Conditions to use this App.

B. End User License Agreement

The information contained in this app has been complied by way of general guidance in relation to the management of neck pain; it is not a substitute for professional medical and physiotherapy advice. Please consult your GP before changing, starting or stopping any medical treatment. As far as the authors are aware, the information given is correct and up-to-date as of July 2013. Physiotherapy practice, laws and regulations all change, and the reader should obtain up-to-date professional advice on any such issues. The authors disclaim, as far as the law allows, any liability arising directly or indirectly from the use, or misuse, of the information contained in this app.

By downloading, activating, installing or using the Back Fix software or any included documentation (together the ‘software’), you agree to be bound by the terms and conditions of this agreement (the ‘agreement’), and this will be a legally binding agreement between you and Self Help Toolkit Pty Ltd (Self Help Toolkit). Please read this document carefully before accepting these terms and using this software. If you do not agree with the terms and conditions of this agreement, you should not use this app. References in this agreement to “you” or “your” refer to both you and any person or entity on whose behalf you act, if any.

1. Grant Of License

Subject to the terms and conditions of this agreement, Self Help Toolkit hereby grants to you a personal, non-transferable and non-exclusive license to install and use the software on your iPhone, iTouch or iPad device (“Your Device”) for the purposes of your own exercise needs. 

2. Software Use Restrictions

You shall not sublicense, distribute, hypothecate, lease, loan or otherwise convey the Software or any portion thereof to anyone, and under no circumstances may you use or allow the use of the software in any manner other than as expressly set forth above. You shall not modify the software, incorporate the software in whole or in part in any other product or create derivative works based on all or part of the software. You shall not remove any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the software. You shall not use the software in connection with a service bureau, time-sharing or fee-for service arrangement with third parties. Except to the extent permitted by applicable local law, you shall not reverse engineer, de-compile, disassemble, or translate any portion of the software. If you dispose of any media embodying software, you will ensure that you have completely erased or otherwise disposed of any software stored on the media. The software is not intended for any use in any situation in which the failure of the software could lead to death or bodily injury of any type.

3. Copying Restrictions

You may copy the software onto your device, and you may make one (1) copy of the Software for backup or archival purposes. You agree that (i) your use and possession of such copies shall be solely under the terms and conditions of this Agreement, and (ii) you shall place the same proprietary and copyright notices and legends on all such copies as included by Self Help Toolkit on any media embodying an authorised copy of the Software originally provided by Self Help Toolkit. Except as described in this paragraph, you are NOT permitted to copy the software. 

4. Disclosure Restrictions 

You acknowledge that the software, including the source code for the software and any information derived therefrom, constitutes a valuable trade secret of Self Help Toolkit. You shall not disclose such materials to anyone.

5. Ownership of Software

You agree and acknowledge that (i) the software is licensed to you, not sold, and Self Help Toolkit transfers no ownership interest in the software or in any software, in the intellectual property in any software or in any software copy, to you under this agreement or otherwise, (ii) that Self Help Toolkit and its licensors reserve all rights not expressly granted to you hereunder, (iii) Self Help Toolkit or its licensors own the software (including, but not by way of limitation, any images, algorithms, photographs, animations, video, audio, music and text incorporated in the software), and (iv) the software is protected by Australian Copyright Law and international treaties relating to protection of copyright. The Software includes, and this agreement will cover, any updates, upgrades or bug fixes for the software provided to you.

6. Transfer Restrictions

You may transfer the software and all licenses and rights in the software granted to you under this agreement to a third party provided that: (i) such transferee agrees to accept the terms and conditions of this agreement, and (ii) you also transfer all software, including all copies thereof, to such transferee. Except as provided in this section, you may not transfer or assign this agreement or any of your rights or obligations under this agreement, in whole or in part. 

7. Consent to Use Information

You hereby authorise and consent to the collection, storage and use, by Self Help Toolkit and its affiliates, partners and agents, of any information and data related to or derived from your use of the Application, and any information or data that you provide to Self Help Toolkit and its affiliates, partners and licensors (“Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data: age, sex, height, weight, activity level, other user inputs and data including responses to queries, and suggestions or recommendations based on user actions or responses. Notwithstanding the foregoing, you shall not provide or disclose and the Information shall not include any information or data that is personally identifiably to you. The Information will be treated as being non-confidential and nonproprietary, and Self Help Toolkit assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information. Notwithstanding the foregoing, if you provide us your email address so that we can communicate with you, we agree that we will not use your email address other than for purposes of communicating with you about our product. You may choose to opt out of these communications.

Your use of the software is subject to the terms of Self Help Toolkit’s Privacy Policy, as may be updated from time to time and posted to our website at www.5minutephysio.com. Self Help Toolkit reserves the right to modify its Privacy Policy from time-to-time in its sole discretion and you agree to regularly review Self Help Toolkit’s privacy policy for any updated information.

8. Enforcement Of Terms; Termination

If you fail to fulfil any of your obligations under this agreement, this agreement will automatically terminate, and Self Help Toolkit and/or its licensors may pursue all available legal remedies available to them. You agree that Self Help Toolkit’s licensors referenced in the software are third-party beneficiaries of this agreement, and may enforce this agreement as it relates to their intellectual property. Sections 2 and 4-17 shall survive any termination or expiration of this Agreement.

9. Assumption of Risk

You acknowledge that your exercise activities involve risks, which may involve risk of bodily injury or death, and that you assume those risks. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake, and you acknowledge that Self Help Toolkit has advised you of the necessity for obtaining such consultations. In addition, the software should not be used by those with medical conditions or symptoms as advised in the Warning in Section A of these terms and conditions. The software is a source of information, but it does not provide medical advice. In no event shall Self Help Toolkit be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the software or any exercise or other activity you undertake in connection with your use of the software.

10. Disclaimer of Warranty

Self Help Toolkit provides the software to you “as is”, with all faults, and without warranty of any kind, express, statutory, implied or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. Self Help Toolkit makes no representation or warranty that the software is accurate, complete or up-to-date, or that it will meet your specific requirements. No oral or written information or advice given by any Self Help Toolkit employee, representative or distributor shall create a warranty for the software, and you may not rely on any such information or advice. Self Help Toolkit’s licensors explicitly disclaim any and all warranties with respect to the software.

11. Limitation of liability

In no event shall Self Help Toolkit, its resellers, its agents or its licensors be liable to you for any special, consequential, punitive, exemplary, incidental or indirect damages of any kind (including without limitation the cost of cover, damages.

C. Trademark & Copyright Notice

Back Fix and Self Help Toolkit are trademarks owned or licensed by Self Help Toolkit Pty. Ltd. The software is copyrighted (2013) by Self Help Toolkit Pty. Ltd.