Advertising Terms Of Service
IMPORTANT -- PLEASE READ
PhysioCall.com.au Pty Ltd. SPECIFICALLY DENIES ACCESS TO THE WEBSITE AND/OR SERVICES BY ANY INDIVIDUAL THAT IS COVERED BY THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998, AS AMENDED (“COPPA”). IM EMPIRE RESERVES THE RIGHT TO DENY ACCESS TO THE SERVICES AND/OR WEBSITE TO ANY INDIVIDUAL, IN ITS SOLE AND EXCLUSIVE DISCRETION.
SCOPE AND MODIFICATION OF THE AGREEMENT
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website. The Agreement constitutes the entire and only agreement between you and PhysioCall.com.au Pty Ltd. with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website. By your continued use of the Website and/or Services, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
The Website and Services are available only to individuals who can enter into legally binding contracts under applicable law. The Website and Services are not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have permission to use and/or access the Website and/or Services.
OUR REFUND AND RETURN POLICY
You have 15 days in which you may file for a refund where we have specifically stated that we will guarantee a refund. On some products or services, it may be stated that there is no refund offered at all. After the 15 days it is difficult to guarantee the refund; however, we will absolutely try our best to get that refund within 24 hours of your request. To process a refund please email admin [@] physiocall.com.au and one of our representatives will respond in the order which your request was received.
DESCRIPTION OF THE SERVICES
Subject to the terms and conditions of the Agreement, by registering on the Website and receiving approval fromPhysioCall.com.au Pty Ltd, you can obtain, or attempt to obtain, for a fee or for no fee, the Subscription Services. The Subscription Services will provide you with e-mail content, text and other materials (“Subscription Content”) relevant to online marketing provided by PhysioCall.com.au Pty Ltd. and its third party partners (“Third Party Providers”). If you would like to discontinue receipt of the Subscription Content, simply email us at admin @ physiocall.com.au. The Subscription Content contains comments, opinions and/or other materials that are provided by PhysioCall.com.au Pty Ltd. and Third Party Providers, and should not necessarily be relied upon. Please use caution, common sense and safety when using the Subscription Content and/or Subscription Services. You agree thatPhysioCall.com.au Pty Ltd. shall have no obligations and incur no liabilities to you in connection with any such Subscription Content. PhysioCall.com.au Pty Ltd. does not represent or warrant that the Subscription Content made available in connection with the Subscription Services is accurate, complete or appropriate. You understand and agree that PhysioCall.com.au Pty Ltd. is not responsible or liable in any manner whatsoever for your inability to use the Subscription Services and/or Subscription Content. You understand and agree that PhysioCall.com.au Pty Ltd. shall not be liable to you, any end-users or any third party, for any claim in connection with any of the Subscription Services.
Subject to the terms and conditions of the Agreement and the Membership Agreement, by registering on the Website, agreeing to the Membership Agreement and receiving approval from PhysioCall.com.au Pty Ltd, you can obtain, or attempt to obtain, for a fee or for no fee, a Membership in one of the various Membership programs that PhysioCall.com.au Pty Ltd. offers. For a copy of the Membership Agreement, please visit the website for the specific Membership. PhysioCall.com.au Pty Ltd. Membership programs will enable you to access content, text and other materials (“Member Content” and together with the Subscription Content, the “Content”) provided by PhysioCall.com.au Pty Ltd. and certain Third Party Providers, designed to assist Members in their online marketing ventures. The Member Content contains comments, opinions and other materials that are provided by PhysioCall.com.au Pty Ltd Third Party Providers, and should not necessarily be relied upon. Please use caution, common sense and safety when using the Member Content and/or Membership Services. You agree that PhysioCall.com.au Pty Ltd. shall have no obligations and Inc.ur no liabilities to you in connection with any such Member Content. PhysioCall.com.au Pty Ltd. does not represent or warrant that the Member Content made available in connection with the Membership Services is accurate, complete or appropriate. You understand and agree that PhysioCall.com.au Pty Ltd. is not responsible or liable in any manner whatsoever for your inability to use the Membership Services and/or Member Content. You understand and agree that PhysioCall.com.au Pty Ltd. shall not be liable to you, any end-users or any third party, for any claim in connection with any of the Membership Services.
By completing the applicable purchase order forms, you can obtain, or attempt to obtain, certain products and/or services from the Website. The products and/or services featured on the Website may contain descriptions that are provided directly by the Third Party Provider manufacturers or distributors of such items. PhysioCall.com.au Pty Ltd. does not represent or warrant that the descriptions of such items are accurate or complete. You understand and agree that PhysioCall.com.au Pty Ltd. is not responsible or liable in any manner whatsoever for your inability to obtain products and/or services from the Website or for any dispute with the product’s seller, distributor and end-user consumers. You understand and agree that PhysioCall.com.au Pty Ltd. shall not be liable to you or any third party for
any claim in connection with any of the products and/or services offered on the Website.
The information that you must supply in connection with registering for the Services may Inc.lude, without limitation, some or all of the following: (a) your full name; (b) company name; (c) e-mail address; (d) mailing address (and billing address if different); (e) home telephone number; (f) work telephone number; (g) telecopier number; (h) credit card information; and/or (i) any other information requested on the applicable registration form (“Service Registration Data”). You agree to provide true, accurate, current and complete Service Registration Data. PhysioCall.com.au Pty Ltd. has the right to reject any Service Registration Data where it is determined, in the sole and exclusive discretion of PhysioCall.com.au Pty Ltd., that: (i) you are in breach of any portion of the Agreement; and/or (ii) the Service Registration Data that you provided is Inc.omplete, fraudulent, a duplicate or otherwise unacceptable. PhysioCall.com.au Pty Ltd. may change the Registration Data criteria at any time, in its sole discretion.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement. You understand and agree that PhysioCall.com.au Pty Ltd. is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for the Services. You understand and agree thatPhysioCall.com.au Pty Ltd. shall not be liable to you or any third party for any modification, suspension or discontinuation of any Services or other product, service or promotion offered by PhysioCall.com.au Pty Ltd. and/or any of its Third Party Providers. If PhysioCall.com.au Pty Ltd. terminates the Agreement and/or any Services for any reason, PhysioCall.com.au Pty Ltd. shall have no liability or responsibility to you. You understand and agree that refusal to use the Website is your sole right and remedy with respect to any dispute that you may have with PhysioCall.com.au Pty Ltd.
From time-to-time, PhysioCall.com.au Pty Ltd. offers promotional prizes and other awards via Contests. By providing true and accurate information in connection with the applicable Contest registration form, and agreeing to the Official Contest Rules applicable to each Contest, you can enter for a chance to win the promotional prizes offered through each Contest. To enter into the Contests featured on the Website, you must first fully complete the applicable entry form. You agree to provide true, accurate, current and complete Contest Registration Data. PhysioCall.com.au Pty Ltd. has the right to reject any Contest Registration Data where it is determined, in the sole and exclusive discretion of PhysioCall.com.au Pty Ltd., that: (i) you are in breach of any portion of the Agreement; and/or (ii) the Contest Registration Data that you provided is Inc.omplete, fraudulent, a duplicate or otherwise unacceptable.PhysioCall.com.au Pty Ltd. may change the Registration Data criteria at any time, in its sole discretion.
As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the
Website, Content and associated material in accordance with the Agreement. PhysioCall.com.au Pty Ltd. may terminate this license at any time for any reason. You may use the Website and Content on one computer for your own personal, non-commercial use. No part of the Website, Content, Contests and/or Services may be reproduced in any form or Inc.orporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble,
reverse engineer or transfer the Website, Content, Contests and/or Services or any portion thereof. PhysioCall.com.au Pty Ltd. reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on PhysioCall.com.au Pty Ltd.’s infrastructure. Your right to use the Website, Content, Contests and/or Services is not transferable.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website, Content, Contests and Services are protected under applicable copyrights, trademarks and other proprietary (Inc.luding, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Website, Content, Contests and/or Services is strictly prohibited. Systematic retrieval of material from the Website, Content, Contests and/or Services by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from PhysioCall.com.au Pty Ltd. is prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Website, Content, Contests and/or Services. The posting of information or material on the Website, or by and through the Services, by PhysioCall.com.au Pty Ltd. does not constitute a waiver of any right in or to such information and/or materials. The PhysioCall.com.au Pty Ltd. name and logo, and all associated graphics, icons and service names, are trademarks of PhysioCall.com.au Pty Ltd. All other trademarks appearing on the Website or by and through the Services are the property of their respective owners. The use of any trademark without the applicable owner’s express written consent is strictly prohibited.
HYPERLINKING TO THE WEBSITE, CO-BRANDING, "FRAMING" AND/OR REFERENCING THE WEBSITE PROHIBITED
Unless expressly authorized by PhysioCall.com.au Pty Ltd, no one may hyperlink the Website, or portions thereof (Inc.luding, but not limited to, logotypes, trademarks, branding or copyrighted material), to their website or web venue for any reason. Further, ”framing” the Website and/or referencing the Uniform Resource Locator (”URL”) of the Website in any commercial or non-commercial media without the prior, express, written permission of PhysioCall.com.au Pty Ltd. is strictly prohibited. You specifically agree to cooperate with the Website to remove or cease, as applicable, any such content or activity. You hereby acknowledge that you shall be liable for any and all damages associated therewith.
EDITING, DELETING AND MODIFICATION
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Website.
THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (Inc.LUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PhysioCall.com.au Pty Ltd. MAKES NO WARRANTY THAT: (A) THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THE CONTESTS AND/OR SERVICES; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PhysioCall.com.au Pty Ltd, ANY OF ITS THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitors download information from the Website at their own risk. PhysioCall.com.au Pty Ltd. makes no warranty that such downloads are free of corrupting computer codes Inc.luding, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PhysioCall.com.au Pty Ltd. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, Inc.IDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES Inc.LUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PhysioCall.com.au Pty Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE; (C) THE FAILURE TO QUALIFY FOR THE CONTESTS, SERVICES OR THIRD PARTY PRODUCTS FROM ANY OF OUR THIRD PARTY PROVIDERS, OR ANY SUBSEQUENT DENIAL OF THIRD PARTY PRODUCTS FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE Inc.LUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE PhysioCall.com.au Pty Ltd. AND ALL OF PhysioCall.com.au Pty Ltd.’s THIRD PARTY PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF PhysioCall.com.au Pty Ltd. TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PhysioCall.com.au Pty Ltd. THE INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
You agree to indemnify and hold PhysioCall.com.au Pty Ltd, each of their parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (Inc.luding reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website, Services, Content and/or entry into any Contest; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of PhysioCall.com.au Pty Ltd, each of their parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
THIRD PARTY WEBSITES
The Website may provide links to and/or refer you to other Internet websites and/or resources Inc.luding, but not limited to, those owned and operated by Third Party Providers. Because PhysioCall.com.au Pty Ltd. has no control over such third party websites and/or resources, you hereby acknowledge and agree thatPhysioCall.com.au Pty Ltd. is not responsible for the availability of such third party websites and/or resources. Furthermore, PhysioCall.com.au Pty Ltd. does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
Any attempt by any individual, whether or not a SPhysioCall.com.au Pty Ltd. customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website, is a violation of criminal and civil law and PhysioCall.com.au Pty Ltd. will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
CHOICE OF LAW/VENUE
Any disputes arising out of or related to the Agreement shall be governed by and construed in accordance with the laws of Estonia (without regard to conflict of law prInc.iples). Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against PhysioCall.com.au Pty Ltd. and each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that PhysioCall.com.au Pty Ltd. in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
If you have any questions regarding the Agreement or would like more information from us, please contact us at:
admin @ physiocall.com.au
PhysioCall.com.au Pty Ltd.
25 Philip Street,
South Gladstone, QLD 4680
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
14. This agreement shall be governed by and construed in accordance with the laws of the Queensland, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Brisbane, Queensland. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Terms & Conditions of Purchase On/offline Physiotherapy and Products
We agree to provide the physiotherapy services to you on the terms set out in this Agreement. This document represents the entire understanding between the Parties, and - except for those terms implied by law and which cannot be excluded and any other terms specifically incorporated by reference - no other terms apply.
You signify your consent to this Agreement by purchasing any physiotherapy services from the web site. We do alter this Agreement from time to time, and you must review this document before each purchase. This document was last changed on 11 September 2017.
If you are under 18 years of age, you must provide us with the written consent of your parent or guardian, who must also agree to -
be bound by this Agreement;
provide proper supervision in relation to the provision of information to us, and
provide proper supervision in relation to your use of our physiotherapy services
18. PURPOSE AND NATURE OF OUR PHYSIOTHERAPY SERVICES
You acknowledge that -
no online service is a perfect substitute for an "in person" consultation with a physiotherapis, andd
we are unable to guarantee that our treatments will result in a cure of your particular complaint or condition. We recommend treatments that we believe are likely (based upon our experience and training) to be effective, but we cannot guarantee results.
19. SUITABILITY OF OUR PHYSIOTHERAPY SERVICES
It may become obvious to us that our physiotherapy services are not suitable for you. In these circumstances, we will not provide the physiotherapy services to you. Instead, we will refund any money paid to you, and will suggest an alternative course of action.
20. PROVISION OF INFORMATION BY YOU
You acknowledge that in delivering our physiotherapy services, we are completely reliant upon the information that you provide us. In this regard, you agree to provide us with:
accurate and complete information in response to our online questionnaires and any follow up questions which we ask of you; and
any information which could reasonably be expected to be relevant to your condition or treatment.
21. PROVISION OF ADVICE BY US
We agree to provide you with a written document containing your treatment programme or other requested information by email if the consult determines you require any document advice.
22. USING OUR PHYSIOTHERAPY SERVICES
a. Full understanding required: You must not implement our treatment program or act on any advice unless you fully understand it. Please ask any questions before implementing any treatment program or acting on any advice provided by us.
b. Cessation: You must immediately cease using our treatment program and cease acting upon any advice given by us if you experience any pain or discomfort. In these circumstances, you must contact us as soon as possible.
c. Third persons: You must not provide our treatment program to any other person. We assume no duty of care in relation to any third persons.
a. Statutory Terms: The laws in Australia imply certain terms into contracts between consumers and businesses. These include warranties that our services are to be delivered with due care and skill, and that they are reasonably fit for the purposes for which they are intended. Such terms form part of this Agreement, and no part of this Agreement is intended to to exclude, restrict or modify those terms or our liability to you for breach of those terms.
b. Exclusion: Subject to sub-clause (a) above and our obligation under any law not to exclude or restrict our liability to you, we exclude all liability to you which is related in any way to your use of our physiotherapy services -
of whatever nature (whether any indirect, incidental, special or consequential loss or damage or otherwise, including loss of business or other profits); and
however arising (whether through the law of negligence or tort generally, breach of contract, breach of statutory duty or otherwise).
c. Limitation: Where liability cannot be excluded under sub-clause (b) above, any liability incurred by us in relation to our physiotherapy services is limited to $1,000 unless we specifically agree an alternative amount with you. We would be prepared to agree to increase the cap on our liability in return for you paying a higher fee for our physiotherapy services.
25. GOVERNING LAW
This Agreement is governed by the laws in force in the State of Queensland, and you submit to the jursidiction of the courts in that State.
In this document and the documents incorporated by reference, the following terms have the following meanings unless the context clearly requires otherwise:
"Agreement" means the terms and conditions of purchasing our physiotherapy services as set out in this document and the documents incorporated by reference;
"Business Days" means any day other than a Saturday or a Sunday or a day declared as a public holiday under the Public Holidays Act 1993 (QLD);
"Online Consult" means services by PhysioCall.com.au;
"Physiotherapy services" means any physiotherapy or health-related services provided by us in return for a fee including any assessment, diagnosis, advice or treatment program; and
"Web site" means the web site located at the domain "physiocall.com.au" and on all sub-domains, folders and sub-folders on those domains.
In this document, unless the context clearly requires otherwise:
The terms "we", "us" and "our" are references to are provided via this web site, which is owned and operated by PhysioCall.com.au Pty Ltd, trading as PhysioCall.com.au (ABN 976 212 367 32), our successors and assignees;
Words defined in the singular have the corresponding meaning in the plural;
Reference to a "person" includes a reference to a corporation, association or other entity;
Reference to a "written request" means a request submitted to us by email, by post, by fax or using the "contact us" form on the web site;
Reference to the "Parties" means both you and us; and
All monetary amounts are expressed in Australian dollars.
Last Updated: September 5, 2017