Website Terms and Conditions of Sale
These are the Website Terms and Conditions of Sale the partnership of R.A Neate & B Seberry trading as North Coast Physio and Pilates (ABN 45 531 789 683 (“North Coast Physio and Pilates”, “we”, “us”) on our website located at https://www.ncphysio.com.au (“Website”) which is owned and operated by us.
Both Romy Neate and Ben Seberry are physiotherapists registered with the Australian Health Practitioner Regulation Agency (AHPRA) and are members of the Australian Physiotherapy Association.
The following terms and conditions relate to the provision of any Services or sale of products (including physical products or downloadable material or material capably of internet streaming) from our Website. These Terms constitute an agreement between, North Coast Physio & Pilates and you (“you”, “your” or “user(s)”), a user of the Webiste and/or Services (“Agreement”).
By using our Website or any services you agree to be bound by these Terms. If you do not agree to the Terms) you must cease using our Webiste and Services immediately.
1. Definitions and Interpretation
In this Terms, the following words have the following meanings:
“Account” means collectively the personal information, payment information and credentials used by Users to access Paid Content and/or any System on the Website.
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
“Free Content” means any Content that is accessible without the payment of a Subscription Fee.
“Paid Content” means Content accessible only upon the creation of an Account and the payment of a Subscription Fee. Paid Content will be made available during the 14 day trial period, apart from the PDFs which are only accessible with a paid subscription.
“Service” means collectively any online facilities, means any and all Pilates training, teaching, sessions, instruction or information that North Coast Physio & Pilates makes available through the Website either now or in the future.
“Sessions” means any Pilates sessions which form part of the Paid Content; this term is interchangeable with “online classes”.
“Subscription Fee” means the sum of money paid by Users to keep their Account active and to enable them to access Paid Content.
“Subscription Period”means the period for which a subscription has been purchased.
“System” means any online communications infrastructure that North Coast Physio & Pilates makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, forums, live chat facilities and email links.
“User” / “Users”/ “You” means any third party that accesses the Website and is not employed by North Coast Physio & Pilates and acting in the course of their employment.
2.1 An Account is required to use parts of our Website.
2.2 You will need an Account to view the Paid Content and be a Subscriber.
2.3 You may not create an Account if you are under 18 years of age.
2.4 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
2.5 We recommend that you choose a strong password for your Account. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
2.6 You must not use anyone else’s Account.
2.7 You must not share your Account details with anyone.
2.8 If you wish to close and delete your Account, you may do so at any time. This must be done by you via the ‘my Account’ section of the website. If you have an active subscription, your Account will remain active for the duration of the remainder of the Subscription Period.
3. Requirement to obtain Professional Medical Advice
4.1 All content on our Website is for informational and educational purposes only.
4.2 None of the content or Products offered on our Website are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.
4.3 The Products and content found on the Website are not intended as a substitute for the advice provided by your doctor or other healthcare professional.
4.4 You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Services.
4.5 If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition, you should contact your health care provider before using our services.
4.6 Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read or viewed on our Website.
4.7 You should be in good health and physically fit when using our product or Service, failure to be in good health may result in adverse health consequences.
4.8 Please seek medical advice in regards to your health conditions and physical fitness.
4.9 If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
4.10 If you are pregnant, breast-feeding or post-pregnancy you consult your doctor or a qualified medical professional before using any of our Services. As a guide and in addition to, but not to replace or contradict, any medical advice received from your doctor or a qualified medical professional.- Avoid exercise in warm/humid environments, especially during the 1st trimester;
– Avoid isometric exercise or straining while holding your breath;
– Maintain adequate nutrition and hydration – drink liquids before and after exercise;
– Know your limits – pregnancy is not a good time to train for athletic competition; and
– Know the signs to immediately stop exercise and consult your doctor or a qualified medical professional as soon as they occur:
- i) Excessive shortness of breath
- ii) Chest pain
iii) Painful uterine contractions (more than 6-8 per hour)
- iv) Vaginal bleeding
- v) Any “gush” of fluid from vagina (suggesting premature rupture of the membranes)
- vi) Dizziness or faintness
5. Our Reliance on your Accuracy of Information
5.1 You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Website. Our Services may not be suitable to your particular circumstances.
5.2 You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information.
5.3 You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy, or suitability of these Services.
5.4 You warrant the truth, accuracy, currency and completeness of any information you provide us.
6. Fitness Level
6.1 Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.
6.2 You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health.
7. E-commerce and Payment
7.1 While we take care to make sure our Website is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issues).
7.2 Payment for Subscriptions will be due at the time of registering to subscribe. Your chosen payment method will be billed unless your account is cancelled. You will be billed either on a monthly or annual basis depending on your chosen subscription, unless you cancel your account. If you re-subscribe your payment will be made immediately to allow full access to the site straight away.
7.3 We accept the payment via Stripe, a secure online payment system. In order to purchase any of our Services (including any Products) you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors, such as Stripe. By purchasing through our Website, you agree that we may charge you the price listed at the checkout screen, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.
7.4 You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards.
7.5 The prices for Services provided under these Terms will be as set out on our Website at the time you apply for the products or Services. All prices are in Australian Dollars unless otherwise stated, and are inclusive of GST,
7.6 From time to time we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.
8. Subscriptions and Cancellation
8.1 Subscription charges commence when you register your account and process payment. Your credit / debit card will be billed monthly/annually thereafter until you cancel your recurring subscription.
8.2 We reserve the right to change Subscription Fees from time to time. We will provide 30 days written notice to you if we change our Subscription Fees.
For further information on subscriptions and pricing, please visit our “pricing page”.
8.3 No part of this Website constitutes a contractual offer capable of acceptance. Your order for a subscription constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending to you a subscription confirmation email. Only once we have sent you a subscription confirmation email will there be a binding contract between North Coast Physio & Pilates and you.
8.4 Subscription confirmations will be sent to you immediately upon your activation of a subscription and shall contain the following information:
8.4.1 Confirmation of the subscription including full details of the main characteristics of the Paid Content available through your subscription;
8.4.2 The applicable times and dates for your subscription (including the commencement date, expiry and/or renewal date);
8.5 There are two subscription methods: monthly or yearly.
8.5.1 With the Monthly Subscription, you may cancel at any time. Your subscription will continue until the end of the monthly period you have already paid for. No refunds can be provided for the remainder of this monthly period and you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in (monthly) up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription. If you choose to deactivate your account you will lose access to North Coast Physio & Pilates Paid Content immediately.
8.5.2 With the Yearly Subscription, your subscription will continue until the end of the yearly period you have already paid for. If you cancel during the subscription period NO REFUNDS can be provided. You will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in (yearly) up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription. If you choose to deactivate your account you will lose access to North Coast Physio & Pilates paid content immediately.
8.6 If you subscribe in error you must inform us within 3 days of subscribing and must not use the Paid Content during that time. This provision also applies to automatic renewals of subscriptions which you may have forgotten to cancel. If any use of Paid Content during this time period can be traced to your Account, however, no refund can be provided and you will continue to have access to the Paid Content for the duration of the relevant Subscription Period.
9. Termination of Accounts
9.1 We may terminate your Account and (where relevant) your Subscription at any time on notice to you. All disclaimers and limitation of liability will survive termination.
9.2 If we terminate your Account or subscription as a result of your breach of these Terms you will not be entitled to any refund.
9.3 If we terminate your Account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the Subscription Fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.
9.4 If we terminate your Account or subscription, you will cease to have access to Paid Content from the date of termination.
9.5 If you terminate your Account or subscription, you will continue to have access to Paid Content for the remainder of your Subscription Period.
10. Intellectual Property
10.1 All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of North Coast Physio & Pilates. By continuing to use the Website you acknowledge that such material is protected by copyright under the laws of Australia and through international treaties.
10.2 Any reproduction of the Website or Website content is prohibited other than in accordance with these Terms.
Use of Free Content
11.1 You may not print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Website for personal purposes (or, where appropriate, for research or private study) only unless otherwise indicated on the Website or unless given our express written permission to do so. Specifically, you agree that:
11.1.1 you will not use the Free Content of the Website for commercial purposes unless given our express written permission to do so;
11.1.2 you will not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given our express written permission to do so; and
11.1.3 the Content of this Website is not intended to be used in education. Your use of the Free Content in an educational environment is at your personal discretion and must be in accordance with all relevant laws within the relevant jurisdiction.
Use of Paid Content
11.2 Payment of a Subscription Fee grants you a licence to use all Paid Content on the Website for the duration of your subscription. You may use such Content for personal purposes only.
11.3 Commercial use of Paid Content is not permitted under the terms of a normal subscription. Please contact us with any enquiries regarding the commercial use of any Content from this Website.
11.4 Under such a licence, you agree that:
11.4.1 you will not use the Paid Content of the Website for commercial purposes unless given our express written permission to do so;
11.4.2 you will not systematically copy Free or Paid Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given our express written permission to do so.
12. Legal Rights, Disclaimers and Indemnity
12.1 Nothing in these Terms limits or excludes any rights, guarantees, warranties, representations or conditions that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).
12.2 Apart from that, to the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any purpose which are not expressly stated in these terms. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
12.3 We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the website or these terms (including as a result of not being able to use the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. If we can’t exclude liability but we can limit it, we limit it to the maximum extent permitted under section 64A of the ACL.
12.4 We make the Website available to you, however you use it at entirely your own risk, for which we will not be liable. Everything on the website is provided “as is” and “as available” – we don’t make any representations or warranties of any kind – and we exclude all liability for loss or damage you might suffer because of:
12.4.1 failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third party conduct arising out of the website;
12.4.2 unsuitable or out of date information on the website (including third party material and advertisements on the website);
12.4.3 you or any other person acting or not acting, on any information;
12.4.4 personal injury or property damage of any nature resulting from your or any other person’s access to or use of the Website;
12.4.5 any unauthorised access to or use of information or data, including personal and financial information, collected by us;
12.4.6 any interruption of transmission to or from the Website;
12.4.7 any unauthorised access to or use of information or data, including personal and financial information, collected by us;
12.4.8 any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the Website, including links to other sites;
12.4.9 costs incurred by you in using the Website; and
12.4.10 links which are provided for your convenience
12.5 It is your own responsibility to ensure that any services or information available through this Website meet your specific requirements.
12.6 You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the Website.
13. General information only
We may give general information on our Website, including the potential benefits of or products and Services. This information should be not taken as or relied on as s substitute or replacement for professional advice or professional medical advice (including as to diagnosis, treatment or aftercare. We strongly recommend you seek out personalised advice in these areas according to your needs.
14. No guarantee
14.1 We do not warrant or guarantee specific outcomes. Any indications given on our Website are examples and are based on our experience. These must not be relied on to predict future results.
14.2 You agree that you have not relied on any warranty, guarantee or representation given by us in entering into this agreement.
15.Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of North Coast Physio & Pilates or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
16. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site ncphysio.com.au without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission. To find out more please contact us by email at email@example.com.
17. Use of Communications Facilities
17.1 When using any System on the Website you should do so in accordance with the following rules:
17.1.1 you must not use language that may be offensive to other Users;
17.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, or discriminatory;
17.1.3 no Content that is intended to promote or incite violence;
17.1.6 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
17.1.7 you must not impersonate other people, particularly employees and representatives of North Coast Physio & Pilates; and
17.1.8 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
17.2 You acknowledge that North Coast Physio & Pilates reserves the right to monitor any and all communications made to us or using Our System.
17.3 You acknowledge that North Coast Physio & Pilates may retain copies of any and all communications made to us or using our System.
17.4 You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and We reserve the right to reject such terms and associated information.
18. Force Majeure and Availability of the Website and Modifications
18.1 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of God, acts of war, riots, terrorists, crime, labour shortages (including lawful and unlawful strikes), embargoes, or legal restrictions and state-mandated censorship or any other event that is beyond Our control.
18.2 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content and/or Paid Content available. Where any Paid Content is made unavailable and you are entitled to a refund as a result, We will inform you of the refund due and it will be paid within 14 days using the same method originally used by you. These Terms shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
If any part of these Terms are found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.
20. Non Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
These terms and our use of our Website, are governed by the laws of New South Wales, Australia. If you access our Website throughout Australia or overseas, we make no representation that our Website complies with the laws (including intellectual property laws) of any State outside New South Wales and/or country outside Australia. If you access our Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access the Website.
22. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and North Coast Physio & Pilates.
All notices / communications shall be given to us by email to firstname.lastname@example.org.
We may from time to time, if you opt to receive it, send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
Last updated 7/9/2020