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.
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
3. PURPOSE AND NATURE OF OUR PHYSIOTHERAPY SERVICES
You acknowledge that –
- no online service is a perfect substitute for an “in person” consultation with a physiotherapist; and
- 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.
4. 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.
5. 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.
6. PROVISION OF ADVICE BY US
We agree to provide you with a written document containing your treatment programme or other requested information by email within two business days.
7. USING OUR PHYSIOTHERAPY SERVICES
- 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.
- Cessation: You must immediately cease using our treatment program and cease acting upon any advice give by us if you experience any pain or discomfort. In these circumstances, you must contact us as soon as possible.
- 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.
- Statutory Terms:The laws in force in Victoria 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 exclude, restrict or modify those terms or our liability to you for breach of those terms.
- 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).
- Limitation:Where liability cannot be excluded under sub-clause (b) above, any liability incurred by us in relation to our physiotherapy servicesis 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.
10. GOVERNING LAW
This Agreement is governed by the laws in force in the State of Victoria, and you submit to the jurisdiction 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 (Vic);
“The Breakthrough Running Clinic” means us;
“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 “breakthroughrunning.com.au” and on all sub-domains, folders and sub-folders on this domain.
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 The Breakthrough Running Clinic (ABN 78 343 001 274), 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.