Digital Program Terms

Part A - General Program Terms

1. About These Terms

These terms govern your access to TFC digital programs, including the SoleMate Training Program and the Foot Restoration Program (each a "Program") delivered through TFC's online platform.

By clicking "I agree" or completing enrolment, you confirm that you have read and accepted these terms. If you do not agree, do not proceed with enrolment.

The Foot Collective Pty Ltd (ABN 16 629 674 004) ("TFC", "we", "us") provides these Programs as educational services. Your access is also governed by TFC's Privacy Policy at https://thefootcollective.com/policies/privacy-policy and TFC's Terms of Service at https://thefootcollective.com/policies/terms-of-service.

2. Nature of the Program

These Programs are educational in nature. They are not clinical services.

By enrolling, you acknowledge and agree that:

(a) The Program delivers educational content about foot health, movement, and related topics. It does not constitute medical advice, clinical assessment, diagnosis, or treatment;

(b) TFC educators, coaches, and content creators are not providing clinical services in their capacity as TFC Program instructors, regardless of any professional qualifications they may hold;

(c) You should consult a registered healthcare professional for any medical concerns, injuries, or conditions before participating in any movement-based program;

(d) TFC cannot guarantee specific health outcomes from your participation in any Program. Individual results vary;

(e) You participate in any physical activities described or demonstrated in the Program at your own risk.

3. Program Access

3.1 Access. Upon completing enrolment and payment, TFC grants you a personal, non-transferable, non-exclusive licence to access Program content via TFC's online platform for the duration set out at checkout.

3.2 Account. You are responsible for maintaining the confidentiality of your account credentials. Do not share your login with any other person.

3.3 Availability. TFC takes reasonable steps to ensure the Program is available and functions correctly. We do not guarantee uninterrupted or error-free access. We may temporarily suspend access for maintenance, updates, or technical issues.

3.4 Content updates. TFC may update, modify, or improve Program content from time to time. We will not materially reduce the content of a Program you have already purchased without notice.

4. Your Obligations

By enrolling, you agree to:

(a) Use the Program only for your own personal educational purposes;

(b) Not record, copy, reproduce, redistribute, resell, share, or make available any Program content to any third party, in whole or in part, by any means;

(d) Not use Program content to create a competing product, course, program, or educational service;

(e) Notify TFC if you become aware of any unauthorised use of Program content.

5. Intellectual Property

All content within the Program - including videos, audio recordings, written materials, worksheets, assessment tools, and frameworks - is the intellectual property of TFC or its licensors. Nothing in these terms transfers any intellectual property right to you.

You may download Program materials where TFC expressly permits this, for your own personal use only. Downloaded materials remain subject to these terms and may not be redistributed.

6. Fitness to Participate

You confirm that you are physically capable of participating in any movement-based activities described in the Program. If you have a medical condition, injury, or health concern that may be affected by the Program content, you should seek medical advice before commencing.

If you experience pain, discomfort, dizziness, or any concerning symptoms during Program activities, stop immediately and seek appropriate medical attention.

7. Refunds and Cancellation

7.1 Change of mind. TFC offers a 14-day cooling-off period from the date of purchase for digital programs, provided you have not accessed more than 20% of the Program content. To request a refund within this period, contact info@thefootcollective.com.

7.2 Refunds after access. Once you have accessed more than 20% of Program content, refunds are at TFC's discretion except where required by law.

7.3 Your statutory consumer rights. Nothing in these terms limits or excludes any guarantee, right, or remedy you have under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth) Schedule 2), the UK Consumer Rights Act 2015, the EU Consumer Rights Directive 2011/83/EU, or equivalent applicable consumer protection legislation in your jurisdiction that cannot be lawfully excluded. If a Program has a major failure, you are entitled to a refund. If it has a minor failure, TFC may repair or replace it. For the full terms governing refunds by jurisdiction — including program-specific guarantees — see TFC's Refund Policy at https://thefootcollective.com/policies/refund-policy.

7.4 EU and UK customers — statutory right of withdrawal. Under the EU Consumer Rights Directive (Article 16(m)) and UK Consumer Contracts Regulations 2013 (Regulation 37(1)(a)), you have a 14-day right of withdrawal from digital content purchases. Where TFC has obtained your express consent to begin immediate access and you have acknowledged the loss of that right at the time of purchase, the withdrawal right is extinguished on access. Where that mechanism is not in place, your 14-day statutory right applies in full. Nothing in Section 7.1 limits or replaces this statutory right — the voluntary 14-day cooling-off period and the statutory withdrawal right operate independently.

7.5 Cancellation by TFC. If TFC discontinues a Program, we will provide reasonable notice and a full refund of the amount you paid for access to that Program.

8. Limitation of Liability

To the fullest extent permitted by applicable law:

(a) TFC's liability for any claim arising from or in connection with your use of the Program is limited to the amount you paid for access to the Program;

(b) TFC is not liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of data, loss of profits, or personal injury, arising from your use of or inability to use the Program;

(c) TFC is not liable for injury or harm arising from physical activities you undertake based on Program content, where you have not sought appropriate professional advice as recommended.

Nothing in this clause excludes liability that cannot be excluded by law.

9. Governing Law

These terms are governed by the laws of Queensland, Australia. If you are located in a jurisdiction with mandatory consumer protection rights that cannot be excluded (including the United Kingdom, the European Union, and applicable US states), those rights apply in addition to these terms and are not affected by the choice of governing law.

Part B - Health Information Addendum (Foot Restoration Program Only)

This section applies only if you are enrolling in the Foot Restoration Program. It does not apply to the SoleMate Training Program.

B.1 Health Data Collection in the Foot Restoration Program

The Foot Restoration Program includes a validated outcome measurement tool - the Foot and Ankle Disability Survey (the "Survey"). The Survey asks you to provide information about:

Your current foot and ankle function and pain levels (numeric scores);
Any foot or ankle conditions, injuries, or symptoms you are experiencing;
Whether you are currently seeing a healthcare practitioner for any foot or ankle concern;
Your progress at periodic intervals throughout the Program.

This information is health information - it is sensitive personal information under the Australian Privacy Act 1988 (Cth) and special category data under the GDPR (Article 9).

B.2 Why We Collect This Information

TFC collects Survey responses for two distinct purposes:

Purpose 1 - Program delivery and progress tracking (required): (a) To enable you to track your own foot and ankle function, pain, and progress across the Program; (b) To identify whether Program activities may be appropriate for your current health status; (c) To measure the Program's effectiveness at an aggregate level and improve it over time.

Purpose 2 - Research and community insights (optional, separate consent): (d) TFC uses anonymised, aggregated program outcome data to analyse trends in foot health, balance, and movement, contribute to research in this field, and share effectiveness insights with the TFC community and in educational content. Your individual responses are never published or shared in identifiable form - only anonymised, aggregate findings.

Consent for Purpose 1 (program delivery) is required to use the Survey feature. Consent for Purpose 2 (research and community insights) is optional and is collected as a separate consent question at the end of each survey. You may participate fully in the Program and the Survey without consenting to Purpose 2.

TFC does not use Survey responses to provide clinical advice, diagnosis, or treatment recommendations.

B.3 How Your Health Information Is Handled

Survey responses are stored securely and accessible only to authorised TFC staff with a legitimate program delivery or improvement purpose;
Your health information is not shared with third parties for marketing, commercial, or other purposes;
Your health information is not used to make automated decisions that produce legal or significant effects;
Your health information is not combined with other customer data for marketing profiling or advertising;
Aggregate (non-identifiable) outcome data may be used by TFC in program development and communications about program effectiveness.

Retention: Survey response data is retained for 7 years from the date of your final survey submission, then securely deleted. This period reflects TFC's obligations under Australian health records legislation.

For the full detail of how your health information is handled, see TFC's Privacy Policy at https://thefootcollective.com/policies/privacy-policy (Section 10 - Health Information).

B.4 Explicit Health Information Consent

This consent is separate from your agreement to the General Program Terms above. It is collected at the Survey, before any health information is submitted, not at checkout.

Consent A - Required to access the Survey feature:

The following consent is presented at the Survey before any health information is submitted:

(1) I consent to The Foot Collective collecting and processing the health information I provide in this survey, as described in these Digital Program Terms (https://thefootcollective.com/pages/digital-program-terms) and TFC's Privacy Policy (https://thefootcollective.com/policies/privacy-policy). This information is retained for 7 years from my final survey submission in line with Australian health records law.

(2) I understand that my responses are stored securely and are only accessible to authorised TFC staff for program delivery and improvement purposes.

(3) I understand I can withdraw this consent at any time by emailing info@thefootcollective.com with the subject line "Withdraw Health Data Consent — Foot Restoration Program".

If you do not wish to submit your health information online, you can complete the Survey using the PDF Foot Restoration Manual to track your progress manually.

Consent B - Optional, for research, community insights, and marketing:

☐ I agree that TFC may include my anonymised survey responses in research, program improvement, community insights and marketing materials - for example, to share aggregate findings about foot health outcomes. My name and contact details will never be shared. I can withdraw this at any time.

Consent B is entirely optional and is presented as a separate question at the end of the Survey. Not providing it does not affect your access to the Survey or the Program.

B.5 Withdrawal of Health Information Consent

To withdraw consent for the collection and processing of your health information:

Email info@thefootcollective.com with the subject line: "Withdraw Health Data Consent - Foot Restoration Program"
Include your name and the email address linked to your TFC account
TFC will confirm receipt within 5 business days and complete anonymisation or deletion within 30 days

Withdrawing consent does not affect your access to other Foot Restoration Program content.

B.6 Not a Clinical Service

The Foot and Ankle Disability Survey is an educational self-assessment tool. Your responses are not reviewed by a clinical practitioner and do not constitute a clinical assessment. If your Survey responses indicate pain, significant disability, or concern, TFC will not provide clinical advice - you should consult a registered healthcare professional.

Acknowledgement

By completing purchase (clicking "Pay Now"), you confirm that you have read and accepted these terms. This acceptance is recorded via TFC's checkout platform. It covers:

Part A - General Program Terms: applies to all programs
Part B - Health Information Addendum: applies to Foot Restoration Program enrolees. Explicit health data consent (Section B.4) is collected separately at the Survey before any health information is submitted.