Physio Rehab Apps Pty Ltd Pty Ltd
ACN 627 846 342
Website and Application Terms and Conditions
Table of Contents
Physio Rehab Apps Pty Ltd (ACN 627 846 342) (“Physio Rehab”) operates an online platform at https://sportsinjury.online as well as through mobile applications (collectively, the “Platforms”), through which customers (“Users“) can access generic health information and physiotherapy exercises (“Health Information“).
This is a contract between Physio Rehab and the User, governing the access to and use of the Platforms.
The User is deemed to have entered into this contract with Physio Rehab through the use of any or all of the Platforms.
AND THE PARTIES HEREBY AGREE:
Access to and use of the Platforms is subject to the terms and conditions outlined in this contract (the “Terms”).
Definitions and Interpretation
1.1 In these Terms (including the recitals), unless the context otherwise requires:
“Intellectual Property Rights” means all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights whether existing before or after your access to the Platforms;
“Platform Content” means all material, content and information made available on the Platforms including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression;
“Provider” means any third party distribution platform, such as Google Play or the iTunes app store, through which Physio Rehab distributes the Platforms.
“you”, “your” means you as the User of the Platforms.
1.2 In these Terms, unless the context otherwise requires:
- headings are for convenience only and do not affect its interpretation or construction;
- the singular includes the plural and vice versa;
- references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Terms;
- words importing a gender include other genders;
- the word “person” means a natural person and any association, body or entity whether incorporated or not;
- where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
- a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
- all monetary amounts are in Australian currency;
- a reference to time refers to Eastern Standard Time;
- “includes” is not a word of limitation;
- no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party;
- a reference to any thing is a reference to the whole and each part of it;
- a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
- a reference to a document includes all amendments or supplements to, or replacements or novations of, that document.
Terms and Conditions
2.1 Access to and use of the Platforms is governed by these Terms.
2.2 Physio Rehab periodically reviews the Terms and reserves the right to change the Terms, without any notice to you, by updating this contract. You should review this contract, as available on the Platforms, regularly as any changes to the Terms take immediate effect from the date of the publication on this contract. Your continued use of the Platforms after any such changes are made will be deemed to constitute your acceptance of those changes.
3.1 In order to use the Platforms, you must first agree to the Terms.
3.2 You accept the Terms by:
- inputting user data to the Platform; and/or
- clicking to accept/agree to the Terms.
3.3 Notwithstanding clause 3.2, you may not accept the Terms or access the Platforms if:
- you are not of legal age to form a binding contract with Physio Rehab; or
- you are a person barred from entering into contracts under legislation,
in which case, you must immediately leave the Platforms.
3.4 By accepting the Terms, you agree that this is clear and unequivocal proof that the Terms are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that you have carefully read and understood the Terms.
3.5 If you do not understand any part of the Terms you should seek independent legal advice.
You may be required to register your personal information, including your email address, date of birth, gender, height, weight, and activity level (“User Profile”).
You may be issued with a username and password which are linked to your User Profile. The username and password are personal to you and are not transferable.
You confirm that you are at least 18 years of age and possess the legal authority to use the Platforms in accordance with these Terms.
Physio Rehab may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.
Usage of the Platforms
Upon making a User Profile, Users will be given access to basic diagnostic information through the Platforms.
Additional Features may include the following:
- Access to more detailed diagnostic information (Detailed Information); and
- Access to generic rehabilitation programs (Programs).
Physio Rehab has the right at any time to add, change or withdraw functions available on the Platforms, or cease operation of the Platforms, at its own discretion.
With the exception of use of the Additional Features, use of the Platforms is free of charge. Users can access the Additional Features, if available, through “in-app” purchases.
The Additional Features will be charged as follows:
- Detailed Information can be purchased by the User by making a one-off payment.
- Programs will be provided on a subscription basis for the duration of the Program.
All payments will be processed by the relevant Provider operators and will be governed by the terms and conditions of that Provider.
The User acknowledges that:
- Physio Rehab is not a party to any agreement between the User and their relevant Provider; and
- In the event that the User has an issue relating to payment, they will contact their relevant Provider directly.
In this clause Personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably be ascertained, from the information or opinion.
Both parties must abide by all relevant Australian Privacy Principles set out in the Privacy Act 1998 in their collection, use, disclosure and storage of Personal Information.
8.1 The Platform Content is protected by copyright and Physio Rehab reserves all Intellectual Property Rights which may subsist in the Platform Content.
8.2 By accepting the Terms, you are granted a non-exclusive licence to:
- access the Platforms;
- print pages from the Platforms in their original form; and
- download any material from the Platforms for caching purposes only.
8.3 You must not, without Physio Rehab’s prior written consent which may be withheld at its absolute discretion:
- copy, republish, reproduce, duplicate or extract Platform Content;
- redistribute, sell, rent or licence any Platform Content; or
- edit, modify or vary the Platform Content.
9.1 You must not use, or cause the Platforms to be used, in any way which:
- breaches any of these Terms;
- infringes Physio Rehab’s or any third party’s Intellectual Property Rights;
- is fraudulent, illegal or unlawful; or
- causes impairment of the availability or accessibility of the Platforms.
9.2 You must not use, or cause the Platforms to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
- computer viruses;
- keystroke loggers; or
- any other malicious computer software.
Indemnity and Liability
10.1 General indemnity
You agree to indemnify Physio Rehab, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which Physio Rehab may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of these Terms.
10.2 General limitation of liability
We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents or use of or reliance on Platform Content or otherwise in connection with the Platforms.
10.3 Health Information Liability
You acknowledge that all Health Information and Platform Content is for informational purposes only, and is not intended to be used in place of professional medical advice, diagnosis, or treatment. To the extent permitted by law, Physio Rehab will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the use of the Platforms.
By using the Platforms, you agree and accept that the indemnity and limitations of liability provided in this clause 10 are reasonable.
Warranties and Representations
11.1 The use of the Platforms is at your own risk. The Platform Content and everything from the Platforms is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.
11.2 None of Physio Rehab’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Platform Content or the Platforms.
Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
These Terms shall be governed by and construed in accordance with the law for the time being applicable to New South Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.