Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Orbital website at orbital.brainbasedtherapies.org (the “Site”), including the members’ practitioner library, operated by Brain Based Therapies Pty Ltd (“Brain Based Therapies”, “we”, “us”, “our”). By using the Site you agree to these Terms. If you do not agree, please do not use the Site.

1. Who may use the Site

The Site is intended for healthcare professionals, clinics, hospitals, research institutions and their representatives. Access to the practitioner library is invite-only and conditional on your acceptance of these Terms and a signed Confidentiality Deed. You must provide accurate information and keep your account credentials confidential; you are responsible for activity under your account.

2. Medical & regulatory disclaimer

The Orbital is a vestibular rehabilitation device intended for use by qualified healthcare professionals as an adjunct to clinical care. Information on the Site describes the device’s design and references early-stage published case reports and case series (Level 4–5 evidence). It is not medical advice, is not a guarantee of any clinical outcome, and must not be relied upon as a substitute for professional clinical judgement. Larger controlled studies are needed. Availability and permitted claims are subject to applicable regulatory requirements in each jurisdiction, and nothing on the Site is an offer to supply the device where it is not lawfully available.

3. Confidential materials

The library contains confidential and proprietary materials — including device demonstrations, the instruction manual, clinical documentation, unpublished manuscripts, registrations and testimonials. Your use of these materials is governed by the Confidentiality Deed you sign. You must not download, copy, record, reproduce, distribute, publish or share any library material, or attempt to circumvent access, watermarking or view-only controls, except as expressly permitted by us in writing.

4. Intellectual property

All content on the Site — including text, graphics, logos, the Orbital name and marks, images, videos, documents and software — is owned by or licensed to Brain Based Therapies and is protected by intellectual property laws. The Orbital name, logo and design are the subject of registered rights. We grant you a limited, revocable, non-transferable licence to view content for the permitted purposes only. No other rights are granted.

5. Acceptable use

You agree not to:

• use the Site for any unlawful purpose or in breach of these Terms or the Confidentiality Deed;
• access, or attempt to access, areas or data you are not authorised to access;
• interfere with, disrupt or compromise the security or integrity of the Site;
• use automated means to scrape, harvest or extract content or data;
• share your account, invitation link or credentials with any other person; or
• misrepresent your identity, role or affiliation.

6. Accounts & suspension

We may issue, decline, suspend or revoke access to the library at our discretion, including where we reasonably believe these Terms or the Confidentiality Deed have been breached, or to protect the security of the Site or our confidential materials.

7. Third-party links and services

The Site may link to or embed third-party services (for example, video hosting). We are not responsible for the content, availability or practices of third-party services, which are governed by their own terms.

8. Disclaimers & liability

The Site and its content are provided “as is” and “as available”. To the maximum extent permitted by law, we exclude all warranties not expressly set out in these Terms. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. To the extent we are permitted to limit our liability, our liability is limited, at our option, to re-supplying the relevant service or paying the cost of having it re-supplied. To the maximum extent permitted by law, we are not liable for any indirect or consequential loss arising from your use of the Site.

9. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

10. Changes

We may update these Terms from time to time. The current version is always available on this page, with the “last updated” date shown above. Continued use of the Site after changes take effect constitutes acceptance of the updated Terms.

11. Governing law

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.

12. Contact us

Brain Based Therapies Pty Ltd
Eden, New South Wales, Australia
Enquiries: via our contact form

These Terms are provided for general information and should be reviewed by the company’s legal adviser (and the company ABN inserted) before they are relied upon.