Our Terms and Conditions


We provide evidence-based pain management programs, education and health services.

We are not an acute service. In cases of emergency, please contact public emergency services immediately by calling “911” if you are in the USA, “000” if you are in Australia, or any other local equivalent). If you are experiencing any thoughts of harm to yourself or others, please reach out to Lifeline: 13 11 14 or Beyond Blue: 1300 22 4636.

1. Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

  • we may amend these Terms, the features of the Platform, or your Subscription at any time, by providing written notice to you;
  • unless your Subscription is terminated in accordance with these Terms, your Subscription will roll over on an ongoing basis;
  • we will handle your personal information in accordance with our privacy policy, available at https://www.moregooddays.com/policy/privacy-policy;
  • to the maximum extent permitted by law, the Fees are non-refundable; and
  • to the maximum extent permitted by law, our liability under these Terms is limited to us repaying you the amount of the Fees paid by you to us during the term of your Subscription, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, or any loss or corruption of data.

Nothing in these terms limit your rights under the Australian Consumer Law.

2. Introduction

2.1 These terms and conditions (Terms) are entered into between MORE GOOD DAYS PTY LTD ABN 69 651 911 134 (we, us or our) and you, together the Parties and each a Party.

2.2 We provide a mobile and web-based application, which aims to support and empower fibromyalgia sufferers through pain management education content, programs, one-on-one coaching with an allocated coach and access to consultations with psychologists (Platform).

2.3 In these Terms, ‘you’ means the person or entity registered with us as an Account holder.

3. Acceptance and Platform Licence

3.1 You accept these Terms by checking the box, clicking “I accept”, or by downloading, accessing and using the Platform.

3.2 Our website describes the Platform, programs, tools, information and resources we provide to you in more detail.

3.3 You must be at least 18 years old to use the Platform.

3.4 We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate your Subscription in accordance with the ‘Cancellation of Subscription’ clause.

3.5 If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

3.6 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable, and non-sublicensable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

3.7 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
a. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
b. using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
c. tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
d. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or

e. facilitating or assisting a third party to do any of the above acts.

4. Disclaimer

4.1 The content contained in the Platform (including our programs, tasks, exercises, and any other tools, information or resources made available to you) (Content) is provided for general learning purposes only, and on an “as is” basis. You acknowledge and agree that the Content is intended only to provide general information on managing your pain symptoms, and that nothing in the Content may be taken to be medical advice, treatment or a diagnosis by us, or individualised or customised advice, nor is it intended to be a substitute for consulting a medical practitioner. To the extent permitted by law, we do not assume any responsibility or liability, and you waive and release us from all responsibility or liability, arising from or connected with your use or reliance on the Content provided in the delivery of the Platform. It is your sole responsibility to determine the suitability, reliability and usefulness of our Platform and our Content.

4.2 If you have any health or medical issues or concerns you agree to speak with a medical professional prior to utilising the Platform.

5. More Good Days Platform

5.1 In consideration for your payment of the Fees, we agree to provide you with access to the Platform.

5.2 We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.

5.3 Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request via email. We will endeavour to respond to any support requests in a reasonable period.

5.4 You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers, CRM systems, and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.

5.5 You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.

5.6 To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.

6. Consultations

6.1 You may use the Platform to access telehealth consultations with one of the Doctors or Allied Health Clinicians on our platform (Consultation).

6.2 In order to access Medicare subsidised Consultations with one of our Psychologists, you must first provide us with a referral from your General Practitioner (Referral) under a mental health treatment plan (Mental Health Plan). You may access Consultations without a Referral, however you will not be eligible to receive the Medicare rebate.

6.3 Once we receive a valid Referral, or your Consultation booking request, we will have an onboarding session with you, at which time we will schedule your Consultations. The number of Consultations you are eligible for will depend on your Subscription tier.

6.4 You may cancel or reschedule a Consultation free of charge, provided you give us at least 48 hours notice. If you cancel or reschedule your Consultation within 48 hours of the scheduled Consultation, or you otherwise do not show up to the Consultation, you will be charged a cancellation fee in accordance with clause 9.12.

6.5 You are responsible for ensuring you have the technology and equipment needed to access the Consultations, including an appropriate device (such as a smartphone, laptop, iPad or computer, with a camera microphone and speakers) and a reliable internet connect. We will be responsible for the cost associated with the platform used for Consultations (currently Zoom).

6.6 To support the security of your personal information we use Zoom to provide Consultations, which is compliant with the Australian standards for online security and encryption. While Zoom uses encrypted communications, you acknowledge and agree that any form of communication via the internet has inherent risk and there could be security issues which impact your confidentiality.

6.7 You acknowledge and agree that:

a. you will not record any of your Consultations;
b. a telehealth consultation may not be appropriate for you and the Doctor or Allied Health Clinician may have a professional and ethical duty to stop the Consultation if it is not appropriate; and
c. you will not submit a booking request on behalf of another person.

7. One-on-one and group coaching

7.1 When you create an Account on the Platform (in accordance with clause 8 below), you will automatically be assigned a coach to receive your one-on-one coaching. You may also request to join an instant messaging group via a third party messaging app to connect with other users of Platform.

7.2 Coaches or other users of the Platform are individuals with previous fibromyalgia experience.

7.3 Our coaches and other individuals in an instant messaging group are not registered medical practitioners, any coaching tips or general discussion provided as part of your program is based on a coach’s or an individual’s experience and is not to be taken as medical advice.

7.4 You acknowledge and agree that your coach will communicate with you regarding your pain management program or to schedule calls. Your coach may communicate with you via SMS messages sent the mobile number in your Account details, email messages sent to the email address in your Account details or otherwise through instant messaging apps that you join. You may opt out of receiving SMS communications or emails at any time by emailing us at hello@moregooddays.com or clicking the unsubscribe link in these communications. Alternatively, you can leave any instant messaging group you have joined.

7.5 By signing up to the Platform and joining an instant messaging group you consent to the disclosure of your personal information (including sensitive information) as those terms are defined in the Privacy Act 1988 (Cth).

8. Accounts

8.1 You must create an Account on the Platform (Account) to access the Platform’s features.

8.2 You must provide basic information when registering for an Account including your contact name and email address and you must choose a username and password.

8.3 All personal information you provide to us will be treated in accordance with our Privacy Policy.

8.4 You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide it to others.

8.5 You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

8.6 When you create an Account, you must also select a subscription (Subscription). You may choose between different Subscription tiers with different services as set out on our Platform.

9.  Subscription and Payment

9.1 Once you have created an Account and chosen a Subscription, you agree to pay the subscription fee set out on the Platform (Fees) by the date specified in your Account (Payment Date) to access the Platform and benefit from your Subscription.

9.2 Unless your Subscription is terminated in accordance with these Terms, your Subscription will continue. You will be charged the Fees on a regular basis according to the Subscription Period selected when you subscribed. It is up to you, the customer, to cancel your subscription.

9.3 Subscriptions are automatically charged based on the billing period of your preference, selected during sign-up, with the option to change at the end of any billing period. After you have completed the 7-day free trial there are no refunds.

9.4 Changes to your Subscription: If you wish to change your Subscription (for example, by upgrading to a different Subscription tier), you must provide notice to us via email that you wish to vary your Subscription at least 24 hours before the next Payment Date.

9.5 To the extent permitted by law, the Fees are non-refundable and non-cancellable once paid.

9.6 We may need to change what is available as part of your Subscription (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your Subscription, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the changes to your Subscription. If the changes substantially and adversely affect your enjoyment of the Subscription, you may cancel your Subscription in accordance with the ‘Cancellation of Subscription’ clause.

9.7 We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to your Subscription. If the updated Fee is not acceptable to you, you may cancel your Subscription in accordance with the ‘Cancellation of Subscription’ clause.

9.8 Payment Terms: The payment methods we offer are set out on the Platform. We may offer payment through a third party provider for example Stripe or Square. You acknowledge and agree that we have no control over the actions of the third party provider, and your use of the third party payment method may be subject to additional terms and conditions.

9.9 You acknowledge and agree that we (through our third party payment processor) may store your credit card or other payment details. You agree to our use of these payment details for the purpose of charging any cancellation fee in accordance with these Terms.

9.10 All amounts are stated in either United States Dollars or Australian dollars and are inclusive of Australian GST and other applicable taxes (unless otherwise indicated on the Platform).

9.11 Consultations may be bulk-billed through Medicare under your Mental Health Plan (where eligible). If you are eligible for bulk billing under Medicare, you agree to assign your Medicare benefits to your Psychologist.

9.12 Cancellation Fee: If you cancel or reschedule a Consultation:

9.13 within 48 hours of your scheduled Consultation you will be charged $50; or

a. within 24 hours of your scheduled Consultation (or you do not show up to your Consultation) you will be charged $100.
b. You acknowledge and agree that the cancellation fee, as applicable, is a genuine pre-estimate of our loss suffered as a result of your failure to provide us notice of your inability to attend your scheduled Consultation.

10. Confidential Information

10.1 Each Party agrees not to disclose Confidential Information of the other Party to any third party, and not use such Confidential Information for a purpose other than the one for which it was disclosed or provided (and each Party agrees to take all reasonable endeavours to comply with this clause).

10.2 The obligations in clause 9.1 do not apply to Confidential Information that must be disclosed by law or is no longer confidential (except as a result of a breach of these Terms).

10.3 This clause will survive the termination or expiry of these Terms.

11. Our Intellectual Property

11.1 You agree that all Intellectual Property Rights:

a. in the Platform;
b. in the Intellectual Property developed, adapted, modified or created by us, or our Personnel (including in connection with these Terms, and the Platform;
c. in content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform; and
d. feedback,

(Our Intellectual Property),
will at all times vest, or remain vested, in us (or, if applicable, our third party service providers). To the extent that ownership of the Intellectual Property Rights does not automatically vest in us, you agree to do all acts necessary or desirable to assure our title to such rights.

11.2 We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.

11.3 You must not, without our prior written consent:

a. copy, in whole or in part, any of Our Intellectual Property;
b. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
c. breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, downloading Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.

11.4 This clause will survive the termination or expiry of these Terms.

12. Warranties

12.1 You represent, warrant and agree that:

a. there are no legal restrictions preventing you from entering into these Terms;
b. all information and documentation that you provide to us in connection with these Terms is true, correct and complete and that we will rely on such information and documentation in order to provide the Platform;
c. you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
d. the Platform is provided to you solely for your benefit and you will not (or you will not attempt to) disclose, or provide access to, our Platform to third parties without prior written consent (unless permitted in these Terms); and
e. you have reviewed these Terms including our Privacy Policy, and you understand them and will use the Platform in accordance with them.

13. Australian Consumer Law

13.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).

13.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

13.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

13.4 This clause will survive the termination or expiry of these Terms.

14. Liability

14.1 Despite anything to the contrary, to the maximum extent permitted by law:

a. you agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause and the Intellectual Property clause of these Terms;
b. neither Party will be liable for Consequential Loss;
c. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
d. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us repaying you the amount of the Fees paid by you to us during the term of your Subscription.

14.2 This clause will survive the termination or expiry of these Terms.

15. Termination

15.1 Cancellation of Subscription: You may request to cancel your Subscription at any time by notifying us via email or via the ‘cancel my subscription’ feature in your Account. Your cancellation will take effect from the next Payment Date. If you cancel your Subscription because we have changed the Subscription inclusions and the change has a substantial and adverse impact on you, or we have changed the Fees, then the termination of the Subscription will be immediate, and we will refund you for any Fees that you have paid upfront but have not been used on a pro-rata basis.

15.2 A Subscription will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
a. the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
b. the Defaulting Party is unable to pay its debts as they fall due.

15.3 Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach.

15.4 Upon expiry or termination of your Subscription:

a. we will remove your access to the Platform and your Account will be deleted, however, we may need to retain certain personal information in order to comply with our obligations under applicable health records legislation;
b. you agree that other than where termination is due to our breach of these Terms, and to the maximum extent permitted by law, any payments made by you to us (including any Fees) are not refundable to you; and
c. where we terminate your Subscription, you also agree to pay us our reasonable additional costs directly arising from such termination.

15.5 Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis.

15.6 Termination of a Subscription will not affect any rights or liabilities that a Party has accrued under these Terms.

15.7 This clause will survive the termination or expiry of these Terms.

16. Notice Regarding Apple

16.1 To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

16.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

16.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

16.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

16.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

16.6 You agree to comply with any applicable third-party terms when using our mobile application.

16.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

16.8 You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

17. General

17.1 Access: The Platform may be accessed in Australia and overseas. We make no representation that the Platform complies with the Laws of any country outside of Australia. If you access the Platform from outside Australia, you do so at your own risk and you are responsible for complying with the Laws in the place you access the Platform.

17.2 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

17.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

17.4 Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

17.5 Entire Agreement: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

17.6 Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.

17.7 Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

17.8 GST: has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

17.9 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

17.10 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines, including the Health Records Act 2001 (Vic).

17.11 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.

18. Definitions

18.1 Confidential Information includes information which:

a. is disclosed to one Party by the other Party in connection with these Terms at any time;
b. is prepared or produced under or in connection with these Terms at any time;
c. relates to a Party’s business, assets or affairs; or
d. relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms,
whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever a Party receives that information.

18.2 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

18.3 Intellectual Property means copyright, registered or unregistered designs, patents or trademarks, any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

18.4 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

18.5 Allied Health Clinician means a Psychologist or Physiotherapist that is Australian-registered and accredited and contracted by us to provide services through our Platform.

18.6 Doctor means an Australian-registered and accredited general practitioner that is contracted by us to provide services through our Platform

For any questions or notices, please contact us at:
‍Email: hello@moregooddays.com
‍Last update: 11 August 2023

© LegalVision ILP Pty Ltd