By providing Exercise Therapy Australia Pty Ltd (“us”, “we”, “our”) with this personal information, you acknowledge and agree the following:
We only collect the information we need in order to perform our physiotherapy consultation services (“Services”). We comply at all times with the Privacy Act 1988 (Cth) and the Health Records (Privacy and Access) Act 1997 which regulates how personal information is handled including all your health details which are sensitive information. We will not disclose your personal information without your consent unless required due to a medical emergency, injury, health risk or similar and we will only do so to a qualified professional who is under the same duty of confidentiality.
The personal information you are providing is true and correct at the time you are providing it to us. You will notify us with any changes and keep it updated on a regular basis while you are using our Services. You can access your personal information by request at any time.
We keep your personal information secure and do not use it for any purposes unrelated to our services. All our employees and any staff who may have access this personal information are under a strict duty of confidentiality and privacy practices are adhered to. Please note: we securely destroy all your personal information after the regulated and legislated time period if you have ceased using our Services.
From time to time, we may use your personal information to contact you in relation to information on our Services. You can unsubscribe at any time or advise us that you withdraw your consent to these specific uses and be removed from any further marketing or information we may send.
Important Note: Our Services are not a substitute for medical attention, treatment, examination, advice or diagnosis. You are responsible for consulting a doctor before commencing any new regimes or alterations to your diet or health. You take full responsibility for making the informed decision to use our Services. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us.
At Exercise Therapy Australia Pty Ltd and exercisetherapyaustralia.com.au, we are committed to protecting the privacy of our online visitors, users of our website and services and any personal information of any third parties that we may be provided with from time to time.
We respect the privacy and confidentiality of the information provided and adheres to the Australian National Privacy Principles.
You may change your details at any time by advising us in writing via email. All personal information we receive is protected by our secure server. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
COLLECTION OF CLIENT INFORMATION
In order to provide you with our services, we require the collection of personal information of clients which may include sensitive personal information. This may consist of name, address, contact details, date of birth, health, medical, injury or illness, work history and other personal information (“Personal data”).
For all Personal Data we collect during provision of our Services and handling of Personal Data, we are committed to full compliance with all National Privacy Principles requirements. We ensure that our clients and anyone we pass the Personal Data onto, in order to provide our services is under a similar duty of compliance in accordance with the Privacy law.
OTHER PERSONAL INFORMATION WE COLLECT
We also may collect Personal Data about you in order to be able to provide you with our services. We may collect your name, address, professional and other information as necessary to provide our services.
STORAGE AND SECURITY OF YOUR INFORMATION
We receive and store Personal Data and any personal information you enter on our website, provide physically or give us in any other way from time to time in a secure manner. We are committed to the protection of Personal Data and use all reasonable measures to ensure all Personal Data is kept secure at all times.
We ensure all physical and electronically held Personal Data is kept in a secure manner that is only accessible to persons who are authorized and who have agreed to the same or similar duty as prescribed by the Australian National Privacy Principles.
Destruction of all Personal Data is done in a secure manner to ensure deletion and de-identification of information. We regularly review and delete or destroy Personal Data that is no longer required, out of date or as otherwise required by law or regulation.
Any non-personal information, communications and material you send to this website, to us by email, provide physically or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing, marketing products or to improve our services.
DISCLOSURE OF PERSONAL INFORMATION
In order to provide the services, we may, from time to time, need to disclose Personal Data and information to the specialist medical professionals who will be making an assessment and report. We may, from time to time, be required to provide your Personal Data to a client’s own healthcare provider or insurer. They are under the same duty of confidentiality as we are and are bound by the National Privacy Principles.
We may be required to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data where required, to protect the rights, property or safety of Exercise Therapy Australia Pty Ltd and exercisetherapyaustralia.com.au, its employees, customers, or third parties.
We would only disclose your information in good faith and where required by any of the above circumstances.
We do not and will not sell or deal in Personal Data or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased.
We may however use your information in a general sense, without any reference to your name, to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
We strive to ensure the security, integrity and privacy of personal information submitted to our website is maintained and we periodically update our security measures in light of current technologies.
This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.
ACCESS TO CHANGES, QUESTIONS, AND COMPLAINTS REGARDING YOUR PERSONAL DATA
If you want to know what Personal Data we hold about you or make any changes to your details, please write to us at firstname.lastname@example.org.
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following disclaimer, together with our Terms and Conditions.
This website contains general information for educational purposes only and nothing contained on it is, or is intended to be construed as advice. It does not take into account your individual health, medical, physical or emotional situation or needs. It should not be used, relied upon or treated as a substitute for specific or professional healthcare or fitness advice. You should, before you act or use any of this information, consider the appropriateness of this information having regard to your own personal situation and needs and obtain your own independent professional advice before making any decision based on this information. The information contained on our site should not be used for diagnosing any health, fitness, well-being, medical or other condition and any reliance on it is at your own risk.
The articles and other information on the website should not be your only source of information but should be treated as a guide only. We make no representations, promises, warranties or guarantees regarding any treatments, therapies, exercises or otherwise.
The content of this website has been prepared by exercisetherapyaustralia.com.au on the basis of information and sources believed to be reliable. While we endeavor to keep the information up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, or services contained on this website for any purpose.
In no event will we be liable for any loss or damage including and without limitation, indirect or consequential loss or damage, or any loss or damage howsoever arising from loss of income, revenue, or arising out of, or in connection with the use of this website.
Through this website you may be able to link to other websites which are not under the control of exercisetherapyaustralia.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views within them.
This website and its contents are the copyright of Exercise Therapy Australia Pty Ltd and exercisetherapyaustralia.com.au © 2017. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use but only with our express permission.
You may not, except with our express written permission, distribute or commercially exploit any of the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.
“Member” means a member who has registered on our website to use the Services, including any patient, customer or individual accessing the Services.
“PT” means any exercise physiologist, physiotherapist or personal trainer.
“Services” means the online and offline personal health services, including our exercise therapy programs and consultations with PTs.
“the website” means www.exercisetherapyaustralia.com.au
“User/You” means anyone using or visiting our website, and includes all Members.
“We”, “our” and “us” means Exercise Therapy Australia Pty Ltd and includes its directors, employees and contractors.
GENERAL USER AGREEMENT
All Users warrant that:
- You are over 18 years old;
- You will not use our website, or Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities; and
- You will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.
All Members also acknowledge and agree that:
- You will not share your password or login details with any other person and you will keep your contact, payment and all other information accurate and up to date; and
- You will not transfer, share or grant access to any of our Services to any other individual, company or business except with our prior written consent.
MEMBERSHIPS AND PAYMENT
All membership packages include an initial assessment with a PT, a personalised 16 week exercise program and one month website access. We will recommend a qualified PT based on the area you live in.
After payment of the initial fee, Members must pay the ongoing monthly fee in advance. Members may also pay for any additional follow up sessions with a PT through our website for a fee. All fees are notified in advance and available on our website.
Monthly fees are automatically deducted via Paypal or your credit card unless you or we cancel the subscription in accordance with the below Cancellation terms. By providing us with your credit card details, you acknowledge and agree to the regular payments being deducted unless you have cancelled your membership in accordance with our Cancellation terms.
Members may upgrade their membership package at any time. The membership packages vary based on the number of PT sessions you are entitled to. More information about the membership packages and costs can be found on our “How it works” page.
As our Content is provided and delivered electronically, we do not offer refunds to Members for membership website access fees.
Money Back Guarantee for PT sessions not yet commenced: We do provide a full 14 day money back guarantee on any PT payments made in advance for appointments which have not yet commenced, have not been used and have met the 24 hour cancellation notice requirement of any session. For cancellation of any PT sessions, you must give 24 hours notice in order not to lose or forfeit the session.
In the event that you have commenced PT sessions as part of your membership package, we may grant refunds for unused PT appointments at our sole discretion.
We also have obligations under the Australian Consumer Law (‘ACL’) in relation to refunds, and you have other rights which cannot be excluded, restricted or modified (Statutory Rights). We at all times abide by the ACL in relation to any refunds, guarantees and warranties.
CANCELLATION AND TERMINATION
To Cancel Your Membership: Members are responsible for cancelling their own memberships through our website. Instructions on how to cancel your membership are available on our FAQS page. Members may cancel at any time and any cancellation done in the current month will be effective for the following month only. We do not charge a cancellation fee.
We May Terminate Your Membership or Access: We have the right to terminate or suspend your membership or access to the website with or without notice if:
- you fail to pay your monthly fee when payment is due;
- you behave in a way that may be considered risky or inappropriate, such as threatening, harassing or harming a PT, damaging equipment, acting in an improper manner;
- you are suspected of using illegal or behaviour-altering drugs which may be dangerous or harmful to you or the PT in providing the Services; or
- you otherwise breach these Terms.
Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the website and our Services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website and Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not required to provide any refund or part thereof to you for such termination of your membership.
DISCLAIMER AND INDEMNITY
Disclaimer: All the information, exercises, techniques, ideas and examples accessed on or through our website (“Content”) are for educational purposes only, are general in nature only, and are not in any way to be construed as individual or personal advice. The Content does not take into account any of your individual health, medical, physical or emotional situation or needs. It is not a substitute for medical attention, treatment, examination, advice, treatment of existing conditions or diagnosis and is not intended to take the place of proper medical advice from a fully qualified medical practitioner. You should, before you act or use any of the Content, consider the appropriateness of this information having regard to your own personal situation and needs. You are responsible for consulting a suitable medical professional before using any of the Content, information or materials contained in any exercise programs offered online or accessed through our website, before trying any exercise, technique or taking any course of action that may directly or indirectly affect your health or well being.
You acknowledge that by undertaking any exercise program, or by making any changes to your diet or health regime, you are doing so voluntarily, at your own risk and you are aware that there are dangers in participating in any new activity, particularly after any treatment or surgery. You acknowledge that undertaking an exercise regime may result in serious personal injury, permanent disability, death or other damage.
You take full responsibility and risk for making any decision based on the Content on our website or contained in our exercise programs.
Indemnity: You agree to indemnify and hold us harmless from and against any and all claims including but not limited to any damages whether direct or indirect resulting from (i) your reliance on any Content; (ii) your breach of our Terms, (iii) any third party claims; (iv) any activity you may engage in through any use of our Services, or (v) your use of the Services.
LIMITATION OF LIABILITY
Our liability to you is governed solely by the ACL and these Terms. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy or reliability of our Content or any information you obtain from the use of our website or Services.
We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose. We further disclaim all warranties in relation to the exercise programs, and cannot guarantee your progress or improvement under any exercise program.
When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:
- The supply of any services again; or
- The payment of the cost of having any services supplied again.
You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our websites or our Services. This damage includes, but is not limited to any personal injury, death or property damage.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours.
All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any thing you access through our Services.
You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the intellectual property rights contained or embodied within the Services.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
MODIFICATION OF SERVICES
We reserve the right at any time and from time to time to remove, delete, alter or amend our website and any of our Services in any way. We shall not be liable to you or any third party for any modification when it is required.
The website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage. We make no warranty to you that the website will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.
These Terms are governed by the laws of NSW which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of NSW for determining any dispute concerning these Terms.
Everything in our Resources is intended and provided for education and information purposes. Whilst we try to ensure it is up to date and accurate, we cannot confirm the accuracy of information in any research report that we are reposting, any nutrition information nor the contents of any knowledge base article.
The information contained on this page and all links to this page, is for general information purposes only and is not meant to substitute professional dietary advice or any treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after relying on any of the information on our Resources page or website, find you may have or be experiencing side effects, you should promptly contact your health care provider.
We are providing this information to help you with your health decisions and to offer additional resources. As every individual and every personal health situation is different, you need to do your own research and make your own decisions in conjunction with your own medical professional. Any reliance on any of the information on our website is done at your own risk and we are at no time responsible for any decisions you make based on this information.