Terms of Use
1. Application of Terms
These Terms of Use ("Terms") govern your use of our website located at [sportsphysioonline.com.au] ("Site") and form a binding contractual agreement between you, the user of the Site, and us, Sports Physio Online (ABN: 55768721074).
By accessing and using our website, you agree to be bound by these terms. We may amend these terms and conditions from time to time. These terms are governed by the laws of New South Wales, Australia, and applicable international laws where relevant.
2. Collection and Use of Personal Information
You may need to register to use our website. When you register, you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with our Privacy Policy and applicable law.
Account Security
When you register your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.
Information Collection
We may collect personal information about you to provide our services and for other purposes as detailed in our Privacy Policy. This may include disclosing your information to third parties that help us deliver our services, such as IT suppliers, communication suppliers, finance providers, and our business partners.
By providing your personal information to us, you consent to the collection, use, storage, and disclosure of that information as described in the Privacy Policy and these terms.
3. Products and Services
We offer for sale all products and services listed on our website. We reserve the right to amend the range and prices of our products and services at any time. All products and services are subject to availability. We will inform you as soon as possible if the product or service you have ordered is not available.
Pre-made Rehabilitation Programs
Our store offers physiotherapy consultations and pre-made rehabilitation programs designed to assist with specific conditions. These programs are intended as supplementary resources and do not replace personalized consultations or professional medical advice. Clients are strongly advised to consult with a qualified healthcare provider before starting any pre-made program.
Disclaimer: While these programs are crafted with care and based on general best practices, Sports Physio Online takes no responsibility for any injury or adverse outcomes resulting from improper use. The effectiveness of these programs can vary depending on individual circumstances, and they should be used with caution and professional guidance.
4. Payment Methods
We accept payment via the following methods:
PayPal
Selected credit cards such as Mastercard, Visa, and American Express
Afterpay
All pricing is in AUD. Prices are subject to change without prior notification and may differ from other sites, stockists, or providers.
5. Delivery
Online Delivery
Delivery will occur immediately following receipt of payment for online products and services. We will not be responsible for delivery delays caused by any network or other failure beyond our control, including if your software is incompatible or your network protection system blocks delivery.
Physical Delivery
Your order will be delivered in accordance with our dispatch and delivery policy found at [insert hyperlink to policy].
6. Refunds and Returns
Given the nature of our products and services, we do not offer returns or refunds unless required under Australian consumer law. If your product or service is faulty or significantly different from that described on our website, please contact our customer service team. We do not accept returns or provide refunds for change of mind.
Our services come with guarantees that cannot be excluded under Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings, and legal rights under the Australian Competition and Consumer Act and other local laws.
7. Bookings and Cancellation
Bookings to use our services will not be effective until confirmed by us. If you wish to cancel or reschedule, the following fees apply:
Less than 24 hours' notice of cancellation or rescheduling: a cancellation fee equal to 50% of the booking cost will be payable.
Any deposit paid will be forfeited upon cancellation and will be used to satisfy the cancellation fee payable, or part thereof.
If a booking is cancelled by us, no cancellation fee will be payable, and you may reschedule or receive a full refund.
8. Intellectual Property
Our website and its content, including our products and services, may contain intellectual property owned by us, including trademarks, copyrights, and proprietary information. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.
9. Disclaimers
To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that you access and use our website at your own risk.
We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.
Our website may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on third-party linked websites and have no control over or rights in third-party linked websites.
10. Acceptable Use Policy
You must not use our website in any way that we deem inappropriate or unlawful, including but not limited to:
Any breach of privacy or any infringement upon the legal rights of any other person
Defamation
Uploading any virus, malware, or other malicious software
Posting, commenting, or otherwise transmitting any unauthorized material including, but not limited to, any material that is or is likely to be defamatory, racist, obscene, threatening, pornographic, or otherwise deemed by us to be unacceptable.
11. Suspension and Termination
Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the website, or any part of it.
12. Recording of Video Consultations
By participating in our telehealth services, you consent to the recording and storage of video consultations. These recordings may be used within the business, with affiliates, or other close parties for the purpose of quality improvement. You have the right to opt out of this at any time by notifying us in writing.
13. Indemnity
Indemnification by User
The user agrees to indemnify, defend, and hold harmless Sports Physio Online, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
The user's use of the online services
Any breach by the user of these terms and conditions
Any violation by the user of any law or the rights of a third party
Any content or materials uploaded, submitted, or otherwise transmitted by the user through the online services
14. General
These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia, in relation to any dispute connected with these terms or the website.
For us to waive a right under these terms, the waiver must be in writing.
If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability, or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.
Contact Information
For any questions or concerns regarding these terms, please contact us at:
Email: Peter@sportsphysioonline.com.au
Business Name: Sports Physio Online
Website: sportsphysioonline.com.au