We may change part or all of the Terms at any time. The most current Terms will always be posted on the website. Your subsequent or continued use of this website will constitute your acceptance of any changes made to these terms. If you object to any of the terms in this document, or to any changes made to them, your only remedy is to immediately cease use of and access to this website and the services provided by ActivePhysio.online
“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;
“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;
“Minor” means a person under the age of 18.
“Content”, “Service”, “Product” or “Treatment Session” means includes provided to you with the intention of having a therapeutic effect on your illness or health, including the provision of a diagnostic procedure.
“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” or “Our” means Active Physio Online, the operators of this website, owned and operated by Active Physiotherapy Dalby Pty Ltd, ABN 13 121 848 502, a registered proprietary limited company in Queensland, Australia, and provider of services to you.
“You” means a consumer of our services, as defined in the Australian Consumer Law.
1. MINIMUM AGE AND LEGAL CAPACITY
- Purchasing products or services from us is restricted to individuals 18 years of age or older. Individuals below the age of 18 may have purchases made on their behalf by a parent or guardian.
- Should we suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
- When we provide products or services to minors, we require their parent or guardian to be present at all times. We reserve the absolute right to stop a treatment session should we believe that the minor is unsupervised.
2. ACCURACY OF PRODUCT DESCRIPTION
- All products and services listed on this website are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:
- Human error in entry of information
- Incorrect information provided to us by suppliers or distributors
- Failure of suppliers or distributors to supply updated information to us
- We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.
- Should we change the price of a product or service we may at our absolute discretion provide that product or service to you at a previously advertised price.
3. PAYMENT, PRICE, INVOICING, PAYMENT AND REFUND
- All orders must be pre-paid in Australian dollars. The Fees are payable at the time of the purchase request via our third-party payment gateway provider ‘Stripe’. Stripe’s privacy and terms are available at: https://stripe.com/au/ssa & https://stripe.com/au/privacy
- We do not store your credit card number on our servers, however it may be retained by our payment gateway provider Stripe in circumstances where this is required.
- In the case of offline payment, we will contact you to arrange payment. This process must be completed before we will provide you with products or services.
- You agree to pay us the Fees for the access to Content or Services that you have requested.
- You acknowledge that we are unable to provide HiCaps or any other health insurance rebate services, and that it is your responsibility to check with your health fund insurer as to potential rebates for our services.
- 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.
4. PROVISION OF TREATMENT, YOUR OBLIGATIONS AND WARRANTIES
- Our services are provided through a third-party provider ‘PhysiTrack’ via their proprietary application (‘app’) ‘PhysiApp’. PhysiTrack’s terms of service are available at: https://www.physitrack.com/terms-of-service
- You acknowledge that our Content and Services are not designed to be an absolute replacement of receiving treatment from a Physiotherapist or medical professional in person. We reserve the absolute right to stop providing you with our products and services if we deem that our Content and Services are not appropriate for your circumstances.
- You acknowledge that any and all information, information, insights, guidance, techniques, program exercises, blog posts, videos, or video links accessible on our website that do not require you to make a payment to access (“free content”) do not constitute an attempt to provide one-one-one or personal medical, allied health or other professional advice, does not create a client/patient relationship and are provided as general information only and is not to be relied upon. Our free 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 free content does not establish a clinical relationship, nor a physio-patient relationship. Our free content should not be used as a substitute for professional diagnosis and/or treatment. Any health information in our free content is provided simply for your convenience. The free content is intended for general information only.
- You acknowledge that the Content and Services provided by us to you during Treatment Sessions constitutes general exercise rehabilitation guidance and is not to be treated as one-one-one or personalised professional, medical, allied health advice.
- 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. No information provided by us is intended to be used as medical advice. Before relying on the information provided, 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.
- 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 by us through is at your own risk.
- You acknowledge that it is your sole responsibility to complete the exercise program(s) we provide to you, and that you will inform us immediately if you suffer pain or injury.
- You acknowledge that the Content or Services provided does not guarantee a particular outcome or change to your physical and/or mental wellbeing.
- You acknowledge that we do not accept responsibility for any disruptions, disturbances, faults or malfunctions to the PhysiTrack/PhysiApp connection, and if the service is interrupted that our policy is attempt to arrange a convenient time with you to complete the service rather than provide you a refund.
- You warrant that from time to time while these Terms are on foot that:
- there are no legal restrictions preventing you from agreeing to these Terms;
- 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;
- the information you provide to us is true, correct and complete;
- you will not infringe any third party rights in working with us and receiving the Content;
- 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;
- 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.
- You acknowledge that any exercise programs we may provide you have been provided 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.
- You acknowledge that any and all data usage and associated fees accrued when downloading and using PhysiApp and engaging in Treatment Sessions are your responsibility.
5. OUR INTELLECTUAL PROPERTY
- You certify that you will inform us if you intend to record the services or content provided by us to you, and that any recording made by you of our services or content remains our property and may not be used or distributed by you without express written consent of us.
- We grant you a personal, limited, revocable, non-exclusive and non-transferable license to access, view, listen to, use and print Contents we make available to you for your personal, non-commercial use only. No part of our services or content may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written consent.
- Any work and materials that we provide to you in providing our Content and Services 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.
- 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.
- 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.
- You must not breach our Intellectual Property rights by, including but not limited to:
- altering or modifying any of the Materials;
- creating derivative works from the Materials; or
- using our Materials for commercial purposes such as on sale to third parties.
- We may suspend, limit or terminate our services to you we reasonably suspect, based on the results of monitoring per this clause, that you are in breach of these Terms.
6. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
- 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 Services and 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.
- 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 services or Content is limited to us re-supplying the services or Content to you, or, at our option, us refunding to you the amount you have paid us for the services or Content to which your claim relates.
- Delay: Where the provision of services or 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.
- 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.
- 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.
- 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:
- implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
- the services or content being unavailable or lacking functionality or operating in error; and
- 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 services or content, in particular activities undertaken by you as suggested by the services or content, inability to access or use the services or content, the late supply of services or content, and/or your interactions with third party users and/or third party sponsors or advertisers, even if we were expressly advised of the likelihood of such loss or damage.
- Limitation: To the extent permitted by law our total liability arising out of or in connection with the services or 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.
- This clause 6 will survive termination of any contract with you.
- 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:
- any information that you provide that is not accurate, up to date or complete or is misleading or a misrepresentation;
- any breach of these Terms; and
- any misuse of the services or content from or by you, your employees, contractors or agents.
- 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 services or content including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
- The obligations under this clause will survive termination of any contract with you.
- You agree that these terms and conditions and the services and content are governed by the laws of Queensland Australia and You agree to submit to the exclusive jurisdiction of the Courts located within the State of Queensland for any disputes.
- You acknowledge that these terms and conditions constitute the entire agreement between You and Us and govern the relationship between You and Us superseding any prior agreement between You and Us.
- We recognise the global nature of the Internet and also recognise that our services and content are subject to country-specific legislation with regard to the information which may be provided. We have used our best endeavors to ensure that the services and content provided by us, 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.
- The failure of Us 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 endeavor 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.
9. TAX INVOICE
- Upon completion of your order, we will supply a Tax Invoice to you in the form of an email. Please ensure that the email address you have provided us is correct.
- We use industry-standard SSL encryption where applicable to protect the privacy of information in transit between this website, yourself, and our suppliers including payment gateways.
- Our services and content are supplied via PhysiApp over the internet which you acknowledge is an inherently unsecure method of communication. You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.
11. LIMITATION OF LIABILITY
- Under no circumstances will we be liable for any direct, indirect, incidental, consequential or other damages resulting from the purchase, delivery, use, or return of any product or service purchased from us beyond the value of the item purchased, including but not limited to loss of profits or interruption to business.
13. THIRD PARTIES
- Certain areas of this website may contain links to external websites. These external websites do not form part of this website and are not within our control. We do not accept any responsibility for the contents of any third party website.
- Certain areas of this website may display third party advertising. Our display of this advertising should not be construed in any way as an endorsement or recommendation of the advertising network, advertiser, or their products or services.
- Certain areas of this website may provide the ability to contact third parties. If you contact any third party as a consequence of visiting this website, we do not accept any responsibility for any communications or activity (including but not limited to business transactions) between yourself and the third party.
- 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.
- 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.
- 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.