Terms and Conditions
KINGSTON BEACH PHYSIOTHERAPY
WEBSITE TERMS AND CONDITIONS
2021
Welcome to the Kingston Beach Physiotherapy website!
Through this website, we want to provide you with physiotherapy and related information which is informative and generally conducive to your health and wellbeing. To that end, our website may include blogs and other interactive features which are designed to improve your user experience. Use of our website is subject to these terms and conditions and we ask that you use this website responsibly and only for the purposes for which it was intended. It is important that you read and understand these website terms and conditions. If you have any questions about our website, or these terms, please contact us by email at admin@performancebasephysio.com.au or by telephone on 0487 002 089.
1. Ownership and operation of Website
The website at ‘www.performancebasephysio.com.au’ (Website) is owned and operated by Physio on Hawthorn Pty Ltd ACN 167 721 208 trading as ‘Kingston Beach Physiotherapy ’ (KBP). At the absolute discretion of KBP, the Website may not operate on a continuous basis, or at all, and may be unavailable from time to time.
2. Acceptance of Website Terms
Your use of the Website is governed by these terms and conditions (Terms) and, by accessing and using the Website, you enter into an agreement with KBP pursuant to these Terms as they apply from time to time. The Terms may be amended by KBP at any time without notice and amendments shall take effect as soon as they are published to the Website. Any of these Terms (or part thereof) which are declared invalid or unenforceable shall be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining Terms. The Terms are governed by the laws of the state of Tasmania, Australia.
3. Website content
The material published to the Website from time to time (Material) is general in nature. Subject to clause 8 of the Terms, KBP (including without limitation its related entities, officers, contractors and employees and also in its capacity as trustee of any trust) does not accept any liability whatsoever arising from any person or persons relying, whether directly or indirectly, either wholly or partially, on any Material published to, or linked from, the Website. The Material is not, nor is it intended to be, a substitute for professional advice. The Material is provided by KBP without an assumption of duty of care.
4. Third Party Sites
The Website may contain links to other sites accessible via the World Wide Web which are maintained by independent third parties (Third Party Sites). KBP does not sponsor, endorse, or approve of any material on Third Party Sites, or the operation of such sites, unless expressly indicated otherwise. KBP makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on Third Party Sites.
5. Use of Website
In consideration of the promises made by you pursuant to these Terms, KBP hereby grants you a licence to use the Website for non-commercial purposes subject always to these Terms. You may use the Website in the normal manner and may also print Material for your own personal, non-commercial, use.
You must not:
a) use, or attempt to use, the Website for any purpose which is or may be unlawful;
b) use, or attempt to use, the Website in a malicious manner including by introducing any software to the Website;
c) interfere with any coding of the Website or Material; or
d) link to the Website without the prior written consent of KBP.
KBP may revoke your licence to use the Website at any time without notice.
6. Content upload facility
Upload of content
KBP may from time to time, in its absolute discretion, make available on the Website a facility by which you may upload to the server(s) on which the Website is hosted video, photographic, or other content (Content) for review by KBP. In relation to any such Content, KBP may, on the basis of the Content, correspond with you using any contact information you provide (and you hereby request such contact from KBP), and may make comment, or express an opinion or view, including with respect to:
a) the activity, movement or other action(s) depicted by the Content (Actions) including the form of the Action;
b) the technique of the Action;
c) potential physical disorders or irregularities which may be apparent from the Actions;
d) potential opportunities for correction and improvement of the Action;
e) physiotherapy and/or other treatments that may be relevant to you, including from KBP, and outcomes which may be associated with such treatments; or
f) potential or recommended treatment by one or more Health Practitioners (for the purposes of the Health Practitioner Regulation National Law (Victoria) Act 2009).
KBP does not warrant that it will correspond with you concerning any Content uploaded to the Website and may refuse to do so at its absolute discretion for any reason.
Any response provided by to you by KBP will be provided gratuitously and without an assumption of duty of care, and you hereby acknowledge and accept that KBP is unable to express a professional opinion, or provide any diagnosis, on the basis of the Content alone, and KBP does not purport to do so.
The upload of the Content is done at your sole risk and you hereby accept and acknowledge that KBP does not guarantee to you that the upload and/or storage of the Content will be free from corruption or interference. KBP strongly recommends that you do not upload Content which contains highly sensitive or personal information, including health information, which you would not want disclosed or generally available in the public domain.
Ownership and use of Content
By uploading any Content to the Website, and to the extent permitted by law, you hereby transfer all rights in the Content to KBP including but not limited to the rights to use and publish the Content for any use determined by KBP. You hereby acknowledge, agree and accept that KBP may at its discretion permanently delete and destroy the Content at any time.
Request for return and/or non-use of Content
In relation to any Content uploaded by you to the Website you may, by written notice to KBP, request that KBP cease to use the Content for any purpose. KBP shall consider all such requests on a good faith basis and may, to the extent of its capacity, cease using the Content subject always to your acknowledgement that due to the nature of the Website and the World Wide Web of which the Website forms a part, the capacity of KBP to ensure the complete cessation of use of the Content, including by third parties, is likely to be limited and may not be possible.
Prohibited Content
You must not upload to the Website any Content that does not belong to you, which might bring you, KBP or the Website into disrepute, or which might reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy.
You must not upload, or attempt to upload, the Content to the Website more than once.
Warranties in relation to the Content
In relation to all Content you upload to the Website you warrant to KBP that:
a) you are aged 18 years or over;
b) you understand that KBP does not have any obligation to respond to you and, to the extent that any response is provided by KBP, that the provision of the response does not establish a professional relationship between KBP and you;
c) you understand that any response provided by KBP in relation to the Content does not constitute professional advice or diagnosis of any kind and that you will not rely on such response without first taking appropriate professional advice from KBP or other appropriately qualified Health Practitioner;
d) you will seek, at your own cost and as soon as reasonably practicable, appropriate professional advice from an appropriately qualified Health Practitioner if so recommended to you by KBP;
e) you understand that KBP does not guarantee to you that the upload and/or storage of the Content will be free from corruption or interference;
f) you exclusively hold all necessary rights, licences and consents to upload the Content to the Website;
g) you understand that, by uploading the Content, you will lose all rights in the Content which rights will be transferred to KBP as and from the time of completion of the upload;
h) the Content does not contain sensitive or confidential information that is not suitable for disclosure or which ought not be available in the public domain; and
i) the Content does not breach any law, regulation, rule, code or other legal obligation of any kind.
7. No professional relationship
Neither the provision of the Website by KBP or access of the Website by you, including use of any feature of the Website by you (including the use by you of the Content upload facility and any response to such Content by KBP), is intended to create, nor does it create, a professional relationship between KBP and you.
8. Exclusion, limitation of liability and indemnity
KBP hereby excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. Subject to any applicable law to the contrary which cannot, by law, be excluded, KBP (including without limitation its related entities, officers and employees) does not accept, and hereby disclaims, any liability whatsoever arising from:
a) any person or persons relying, whether directly or indirectly, either wholly or partially, on any Material published to or linked from the Website; or
b) the provision of any response by KBP to any person in connection with Content uploaded to the Website.
In the event that liability cannot, by law, be excluded by KBP, and to the extent otherwise permitted by law, any liability incurred by KBP in relation to the Website (including but not limited to any response by KBP in connection with Content) is limited to, at the option of KBP, the resupply of the Material (or, in relation to a response, a further response in connection with Content) or the reasonable cost of having the Material or a response resupplied. Under no circumstances will KBP be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising from or in connection with use of the Website, any feature made available via the Website, any Material published to the Website, or any response by KBP in connection with Content.
You hereby indemnify KBP, and will keep KBP indemnified, against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by KBP in connection with your use of the Website (including the upload by you of any Content to the Website), your breach of these Terms, or your breach of any rights of third parties.
9. Intellectual property rights
Unless otherwise expressly indicated, all intellectual property rights subsisting in the Material, including but not limited to copyright, is owned or licensed by KBP. Other than for the purposes of, and subject to, the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in these Terms, no part of any Material may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of KBP. All rights in and to the Materials are reserved by KBP.
10. Security
KBP shall use its reasonable endeavours to maintain the security of the Website but does not guarantee the security of the Website or of any Content or other data input to and transmitted via the Website. Any and all data input to and transmitted via the Website, including but not limited to Content, is done at the sole risk of the person or entity inputting and transmitting the data.
Questions about, or queries concerning, these Terms should be directed in the first instance to Nathan at kingstonbeachphysio@gmail.com or by telephone on 0487 002 089.