Terms, Conditions

Contract of Sale & Licence Agreement  - “A Guide to Exercises Within the Cage”

Contract of Sale & Licence Agreement

For the Sale and Use of “A Guide to Exercises Within the Cage”
 

BETWEEN:

JDEN Services,  Suite 210, 4/33 Windsor Road, Kellyville, NSW, 2155, Australia (Hereinafter referred to as the "Seller", "We", "Us", "Our")

AND:

The Purchaser (Hereinafter referred to as the "Purchaser", "You", "Your")
 

1. Introduction
This Agreement sets out the terms and conditions between JDEN Services (“Supplier”, “we”, “our”, “us”) and the purchaser (“Purchaser”, “you”) in relation to the purchase and use of the document titled “A Guide to Exercises Within the Cage” (“the Guide”).

2. Definitions
  a. Product: Refers to the therapeutic exercise equipment manufactured by JDEN Services, including the Spider Cage, Universal Exercise Unit (UEU), Ability Exercise Unit (AEU), or Monkey Cage.
  b. Guide: Refers to the digital document “A Guide to Exercises Within the Cage” developed by JDEN Services.
  c. Licence: A limited, non-exclusive, non-transferable right to use and modify the Guide, granted to the Purchaser under this Agreement.
  d. Licenced User: The Purchaser or a therapist employed or contracted by the Purchaser.

3. Sale and Delivery
3.1 The Guide may be sold individually as a digital product or included with the purchase of a JDEN-manufactured Product.
3.2 Upon receipt of full payment, the Guide will be delivered to the Purchaser via a secure downloadable link in editable Word (.docx) format.

4. Licence to Use
4.1 JDEN Services grants the Purchaser a limited, non-exclusive, non-transferable licence to:
  a. Use the Guide for internal therapeutic, educational, or clinical purposes;
  b. Modify and tailor the Guide to meet individual patient needs;
  c. Reproduce and store the Guide within the Purchaser’s practice or therapy center.
4.2 The licence does not permit the Purchaser to:
  a. Share, sublicence, distribute, or sell the Guide or any modified version thereof to third parties;
  b. Publish the Guide, in whole or part, in print or online for public or commercial use;
  c. Use the Guide for any commercial gain, resale, or inclusion in paid training, products, or services.

5. Intellectual Property
5.1 JDEN Services retains full ownership and all intellectual property rights in and to the Guide, including any modified versions.
5.2 This Agreement does not transfer copyright or ownership of the Guide to the Purchaser.

6. Non-Returnable and Non-Refundable
6.1 Due to the nature of digital products, all sales of the Guide are final.
6.2 The Guide is strictly non-returnable and non-refundable, including where it has been purchased as part of a Product bundle.

7. Disclaimer and Limitation of Liability
  a. The Guide is intended as a general resource for qualified pediatric therapists.
  b. JDEN Services does not guarantee the safety, suitability, or clinical outcome of any exercise described in the Guide.
  c. The Purchaser agrees to use professional judgment and assume full responsibility for how the Guide is used in practice.
  d. To the maximum extent permitted by law, JDEN Services disclaims all liability (including negligence) for:
  e. Any loss, damage, or injury resulting from the use of the Guide;
  f. Any indirect or consequential damages arising from the Guide’s use.

8. Termination
8.1 The Supplier may revoke the licence immediately upon breach of this Agreement by the Purchaser.
8.2 Upon termination, the Purchaser must cease all use of the Guide and delete all copies in their possession or control.

9. Governing Law
This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.

10. Entire Agreement
This Agreement constitutes the entire understanding between the parties with respect to the sale and use of the Guide, superseding all prior negotiations or communications.
 

​I AGREE TO THESE TERMS AND CONDITIONS