PHYSIOREHAB.COM – (“the Site”) is owned and operated by Physio Fitness Australia Pty Limited, ABN: 71 127 957 037, a registered proprietary limited company in New South Wales, Australia.
“Access Period” means the period set out for the Content on the Site.“AUD” mean the currency of the Commonwealth of Australia;
“Content” means any information, data text, software, music, sound, photographs, graphics, video messages, fees or other material – including rehab programs, exercises, videos and seminars,
“Fees” means the cost of the Content and Products as set out on the Site;
“GST” means goods and services tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature;
“Input Tax” means an amount equal to the amount of GST paid or payable for the supply of anything acquired;
“Intellectual Property Rights” means all rights, whether registrable, registered or unregistered in any patent, trade mark, trade name, business name, company name, copyright, registered design or other design right or circuit layout right, or any applications for, or rights to obtain or acquire, any such rights;
“Member” means anyone who joins the Website by completing an online membership application form;
“Primary Payment” means any payment by You to [insert name] of any fees or other amounts payable by You to [insert name] under these terms and conditions;
“Sites” means physioreha.com site;
“Tax Invoice” means an invoice in the format required by the law and which also shows the amount of GST payable by You in respect of the relevant primary payment;
“We”, “Us” means Physio Fitness Australia Pty Ltd ABN – 71 127 957 037 its employees, agents and contractors, and successors and assignees;
“You” means any user of the Website including Members.
2.1 These Terms and Conditions (Terms) are between Us and you, the person, organisation or entity who registers for access to the Site and the Content, (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all Content provided by us to you.
2.2 You accept the Terms by either: (a) registering as a user of the Content on the Site; (b) registering for the Content by email; (c) instructing us to proceed with the Content; or (d) making part or full payment for the Content.
2.3 You agree that these Terms form the agreement under which we will supply Content to you. Please read these Terms carefully. Please contact us if you have any questions using the contact details on the Site. Purchasing Content from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order or use the site Content if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you must not use or purchase our Content from us.
3.1 We agree to provide access to the Content with due care and skill.
3.2 We reserve the right to refuse any request for Content that we deem inappropriate, unreasonable or illegal.
3.3 You can access to the Content set out in these Terms by registering and paying for Content on the Site.
3.4 The fee for access to the Content is the fee indicated on the Site or as advised by use from time to time.
3.5 We will provide the Content for the Access Period.
3.6 We may provide the Content to you using our employees, contractors and third party providers, and they are included in these Terms.
3.7 We have made all reasonable efforts to ensure that all Content provided by us on the Website is accurate and up-to-date. We are not responsible for the Content provided by Third Parties. We are not responsible for the accuracy of any Content provided by You. However we cannot guarantee complete accuracy of the Content on the Website and assume no legal liability or responsibility for the accuracy, currency or completeness of any information found on the Website. To the extent permitted by law, we exclude all liability (even if negligent) for any injury, loss or damage caused by reliance on any of the information contained in or provided through the Website. You acknowledge that the use of the Website is entirely at Your own risk.
3.8 Our Site may contain links to other websites of interest. We may not have any control over those websites. We are not responsible for or liable for the protection and privacy of any information which you provide whilst visiting such websites, and such websites are not governed by these Terms.
4. Content compliance with Australian regulations only
We recognise the global nature of the Internet and also recognise that the Content is subject to country-specific legislation with regard to the information which may be provided. We have used our best endeavours to ensure that the Content provided by us contained on the Website, complies with specific Australian legislation, regulations and codes of practice for the sale Products and the provision of the services. However, we take no responsibility for the accuracy or legal compliance of the information provided by anyone but us. You acknowledge that You need to satisfy Yourself of the accuracy of any Content not provided by us, before proceeding with a transaction.
5. Third party liability
5.1 If You use the links to external websites available on this Website then You acknowledge that we have not reviewed and is not responsible for any information contained and accessed through any link provided on the Website. The links to these websites are made available by Us for Your convenience only. The existence of these links does not constitute a guarantee or endorsement of those websites or the products or services offered by such websites, by Us. Views or recommendations provided in the linked websites do not necessarily represent the views of Us.
5.2 We accept no responsibility or liability for information shown or advice given on these websites, whether or not these websites are hosted or otherwise affiliated with Us. These terms and conditions extend to Your use of those websites. We recommend that You carefully read their terms and conditions for each website You visit from the links provided, including their privacy policies, especially if You are asked to supply personal information to those sites. The Website’s privacy applies solely to the information collected by this Website.
6. PRICE, INVOICING, PAYMENT AND REFUND
6.1 You agree to pay us the Fees for the access to Content that you have requested, as set out on the Site or as advised by us. Subject to clause 7.6 the purchase fees are non-refundable. All amounts are stated in Australian dollars. All amounts include Australian GST (where applicable).
6.2 The Fees are payable at the time of the purchase request.
6.3 The Fees are payable by credit card or another merchant method advised and/or approved by us in writing from time to time.
6.4 You acknowledge that in order to access the Content you must register on the Site and create an account on the Site by way of a username and password (Account).
6.5 You must not provide your Account details to anyone else or allow anyone else to use and/or access your Account. You are entirely responsible for the management of your Account, and you acknowledge that any access to or use of your account by means of the password associated with your Account is deemed to be access or use by you, this includes any purchases made through the account (except in instances of fraud).
6.6 We will not commence access to the Content until you have paid the applicable Fees and created an Account.
6.7 Our Fees payment methods and these Terms may be amended from time to time at our discretion. Changes will apply to you for Content provided to you after we have notified you of the changes.
6.8 If you are visiting our site in Australia, all prices quoted on the Website are in AUD and includes GST. Please note that we accept payment by the following credit cards:
[insert credit card]
[insert name] uses an electronic payment gateway called [insert name of Bank]. [insert name of Bank] is an online credit card processor that uses technology to ensure that transaction details are protected and cannot be read over the Internet. Your full credit card details are received and processed only by [insert name of Bank].
6.9.1 If we are liable by law for any GST on any Primary Payment, You must pay to us the amount of the GST.
6.9.2 You must pay to us an amount in respect of any GST that You are required to pay under this Agreement:
(i) at the same time; and
(ii) in the same manner,
as You are required to pay for the Primary Payment to which the amount in respect of GST relates.
6.9.3 We must issue to You a Tax Invoice in accordance with the requirements of the law relating to GST.
6.9.4 If we refund to You any amount under this Agreement, we must also refund You an amount in respect of any GST that You paid in respect of that amount.
7. YOUR OBLIGATIONS AND WARRANTIES
7.1 You acknowledge that the Content provided constitute general exercise rehabilitation guidance and are not to be treated as one-one-one or personalised professional, medical, allied health or psychological advice.
7.2 You acknowledge that any information, insights, guidance, techniques, exercises or programs contained on our Site or Content do not constitute an attempt to provide one-one-one or personal medical, allied health or other professional advice. The Content is not to be used or relied on to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Use of our Site or Content does not establish a doctor-patient relationship, nor a physio-patient relationship. The Content should not be used as a substitute for professional diagnosis and/or treatment. Any health information on our Site or Content, is provided simply for your convenience. The Site and our Content is intended for general information only.
7.3 You acknowledge that you should seek your own medical advice in the event that you experience unanticipated changes to your physical condition or if you have any questions relating to your health condition whilst you have access to and using the site Content, programs or exercises. No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice. You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
7.4 You acknowledge that you are solely responsible for determining the suitability of any of the programs and exercises, and your reliance on any information that is provided to you through our Site and/or Content are at your own risk.
7.5 You acknowledge that the Content provided does not guarantee a particular outcome or change to your physical and/or mental wellbeing.
7.6 You acknowledge that we do not accept responsibility for any disruptions, disturbances, faults or malfunctions of the Site and other sites we may use to provide the Content from time to time, including not limited to errors in function, virus and other malicious software, video time delays or the stability of the Site, which may affect your access to and use of the Content, the quality and age of your hardware and internet connection, and you cannot make a claim in respect of any such disruptions, disturbances or malfunctions, unless the Site is unavailable for more than twenty four (24) hours, in which case you will be entitled to a full refund or complimentary access to other rehab programs, exercises, videos and seminars, whichever you prefer.
7.7 You warrant that from time to time while these Terms are on foot that: (a) there are no legal restrictions preventing you from agreeing to these Terms; (b) you will cooperate with us and provide us with information that is reasonably necessary to enable us to provide the Content as requested by us from time to time, and comply with these requests in a timely manner; (c) the information you provide to us is true, correct and complete; (d) you will not infringe any third party rights in working with us and receiving the Content; (e) you will inform us if you have reasonable concerns relating to our provision of Content under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns; (f) you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Content to be provided, at your cost, and for providing us with the necessary consents, licences and permissions.
7.8 You acknowledge that the programs in this site are not designed to be a replacement of seeing a Physiotherapist. We strongly endorse that you seek the services of a qualified and registered Physiotherapist for hands-on treatment through the course of your program, especially during the extended surgical and injury rehabilitation programs. At the start of some stages in programs it is stated that we highly recommended you to 'Check-in' by making an appointment with your local Physio to get re-assessment and for them to monitor the progress of your rehabilitation as well as help you perfect and correct the exercises that you are doing in the program. This is to help you keep on track and get the maximum benefit and results out of the rehab program and the best possible outcome.
7.9 You acknowledge that the week exercise prescriptions in each program have been set as a guideline for a recovery time-frame, however some people may be slower in their rehabilitation due to many factors and in some cases you may need to stay on a set week for two or three weeks instead of one, as you are not expected to always complete a 'week' in 7 days. It is also not advised to push yourself or progress before you are capable and you are not allowed to move onto the next week until you have completed the prescribed volume of exercises in that week.
7.10 You acknowledge that at the beginning of each program stage you are expected to pass the pre-requisites in order to continue onto the next stage. These goals and guidelines are set and designed to help make sure you don't progress into a more difficult stage or series of exercises until you have certain range of movement requirements, can perform prior exercises correctly, adequately and enough volume as well as setting a benchmark for progression and goals. It helps ensure that all the exercises are completed without 'skipping' a workout or certain key exercises. It also aids in the prevention of pain as well as re-injury and gives you a correct level and speed of rehabilitation during each stage.
7.11 You acknowledge that when you view exercise in the library or part of a rehab program you may see that the exercises have progression (and regression) levels. This allows you to look at a more difficult or less difficult level of the same exercise to allow progression within the exercise. It is advised that you can only progress an exercise level if you can safely, and effectively complete the exercise PRIOR to that. For example, if in a program week you you are to do a Level 2 exercise, you must be competent and pain free with that exercise and be able to complete the required sets and repetitions (volume) in that week before progressing that exercise to a Level 3. It is not advised to jump ahead by 2 levels, nor attempt any exercise that is outside the set program of exercises given. At the start of each stage you are recommended to 'Check-in' by making an appointment with your local Physio to get assess and monitor the progress of your rehabilitation as well as help you perfect and correct the exercises that you are doing in the program. This will help you keep on track and get the maximum benefit and results out of the rehab program.
7.12 You acknowledge that the use of the exercise library and the video library is not designed to replace the use of a program. The access the the exercise and video libraries is meant for you to have detailed and comprehensive exercise instructions for individual specific exercises, not to replace the structure of one of the set programs. We do not endorse the practice of creating your own exercise program to aid injuries, pain or musculo-skeletal conditions using our exercise and video libraries. We do not accept any liability for pain or injury caused by you doing so. The libraries are there for you to maintain access to certain exercises that you have learnt in a specific program after the access period to the program, and/or to use if you have been prescribed those exercises in a program set by your own Physiotherapist or medical practitioner, or for use by a Allied Health professional or medical practitioner for research and professional development.
8. OUR INTELLECTUAL PROPERTY
8.1 The work and materials that we provide to you in providing the Content contains material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the Intellectual Property rights in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.
8.2 You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission.
8.3 Your use of our Materials does not grant you a licence, or act as a right to use any Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
8.4 You must not breach our Intellectual Property rights by, including but not limited to: (a) altering or modifying any of the Materials; (b) creating derivative works from the Materials; or (c) using our Materials for commercial purposes such as on sale to third parties.
8.5 We grant you a personal, limited, revocable, non-exclusive and non-transferable license to access, view, listen to, use and print Contents made available to you on the Site for your personal, non-commercial use only. No part of the Site may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written consent.
8.6 We may, from time to time, monitor your use of the Site to determine if you are in breach of these Terms. Such monitoring may include: (a) The frequency and nature of any downloads; and (b) The time of access and IP addresses used to access the Site.
8.7 We may suspend, limit or terminate your access to the Site if we reasonably suspect, based on the results of monitoring per this clause, that you are in breach of these Terms.
9. CONFIDENTIAL INFORMATION
9.1 We collect your Confidential Information for the purpose of providing the Content to you.
9.2 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than, where necessary), to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure, only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality Content to you, and not for any other purpose.
9.3 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
9.4 These obligations do not apply to Confidential Information that: (a) is authorised to be disclosed; (b) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms; (c) is received from a third party, except where there has been a breach of confidence; or (d) must be disclosed by law or by a regulatory authority including under subpoena.
9.5 The obligations under this clause will survive termination of these Terms.
10. FEEDBACK AND DISPUTE RESOLUTION
10.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Content, please contact us via our feedback page.
10.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure: (a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting). (b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
10.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
11. TERM AND TERMINATION
11.1 These Terms terminate automatically at the end of the Access Period.
11.2 You may terminate these Terms without cause by providing us with notice in writing, however subject to clause 7.6 you will not be entitled to any refund.
11.3 We may terminate your Account or these Terms at any time by providing you with notice in writing, subject to providing you with a pro-rata refund of the Purchase Fee.
11.4 We may suspend your Account or terminate these Terms immediately, at our sole discretion, if: (a) we consider that a request for the Content is inappropriate, improper or unlawful; (b) you fail to provide us with clear or timely instructions to enable us to provide the Content; (c) you post inappropriate comments in the comments section on our Site; (d) you fail to keep your Account details secure or allow others to use your Account; or (e) for any other reason outside our control which has the effect of compromising our ability to provide the Content within the required timeframe.
11.5 On termination of these Terms you agree that any Purchase Fee paid by you is not refundable to you.
11.6 On termination of these Terms you will no longer have access to the pages of the Site which require membership.
11.7 On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
11.8 On termination of these Terms we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information, and/or documents containing or relating to your Confidential Information.
11.9 On completion of the Access Period, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
11.10 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
12. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
12.1 ACL: 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 Content by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms.
12.2 Content: If you are a consumer as defined in the ACL, the following applies to you: You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the access remedied if it is not rendered with due care and skill or it is not fit for purpose and the failure does not amount to a major failure. To the extent we are able to exclude liability; our total liability for loss or damage you suffer or incur from our Content is limited to us re-supplying the Content to you, or, at our option, us refunding to you the amount you have paid us for the Content to which your claim relates.
12.3 Delay: Where the provision of Content depends on your information or response, we have no liability for a failure to provide access where it is affected by your delay in response, or supply of incomplete or incorrect information.
12.4 Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their Content or services. We make no representation or warranty about the third party advice or provision of Content or services, and we disclaim all responsibility and liability for the third party advice or provision of Content or services, or failure to advise or provide Content or services.
12.5 Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
12.6 Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Content and these Terms, except those expressly set out in these Terms, including but not limited to: (a) implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms; (b) the Content being unavailable or lacking functionality or operating in error; and (c) any loss, damage, injury, or costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your use of the Content, in particular activities undertaken by you as suggested by the Content or on the Site, inability to access or use the Content, the late supply of Content, and/or your interactions with third party users of the Site and/or third party sponsors or advertisers on the Site, even if we were expressly advised of the likelihood of such loss or damage.
12.7 Limitation: To the extent permitted by law our total liability arising out of or in connection with the Content, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
12.8 This clause 12 will survive termination of these Terms.
13.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (a) any information that you provide that is not accurate, up to date or complete or is misleading or a misrepresentation; (b) any breach of these Terms; (c) any user Content that you may post on the Site; and (d) any misuse of the Content from or by you, your employees, contractors or agents.
13.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arises as a result of your use of the Content including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
13.3 The obligations under this clause will survive termination of these Terms.
14.1 You agree that these terms and conditions and Your access to the Website are governed by the laws of New South Wales and You agree to submit to the exclusive jurisdiction of the Courts located within the State of New South Wales for any disputes.
14.2 You acknowledge that these terms and conditions constitute the entire agreement between You, Us and the Site and govern Your use of the Website superseding any prior agreement between You, Us and the Site.
14.3 The failure of Us and the Site to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver or any such right or provision. If any provision of the terms of service is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court shall endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of the terms and conditions shall remain in full force and effect.