PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE KYLIE – THE FUNCTIONAL PHYSIO WEBSITE. BY ACCESSING AND USING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY CONTENT WITHIN THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE WEBSITE
1. Background 1.1 Kylie – The Functional Physio Pty Ltd (ACN 632 561 445) (“Company”, “we”, “our”, “us”) provides face-to-face physiotherapy services (“Services” or “Health Service”) and produces how-to videos of physical exercises that demonstrate the appropriate techniques to correctly perform the exercises (“Products”). Our website is located at www.thefunctionalphysio.com.au/ (“Website”). Our Website is a platform which provides access to our Products and booking information for our Health Service. The company can be contacted at Level 6, 3 Chapel mews, South Yarra, Vic 3141 or via email at firstname.lastname@example.org
4. Access to the Products 4.1 In order to access the Products, you must create an account on the Website. You must be 18 years of age to create an account. You can create an account by selecting the “Create Membership Account” prompt. You will be asked to fill in your details, namely your personal details such as full name, mobile number, email, billing and delivery information and payment details. Upon creating an Account you may purchase a subscription plan for access to the Products.
5. Legitimate Purposes Only 5.1 The Website, Services and Products must be used for legitimate commercial business purposes only. You agree to use the Website, Products, Services and any other Company Content in a way which does not abuse it or its functionality, or otherwise restrict or affect the ability of others to access and use the Website.
7. Termination of Access to Products by User 7.1 You may terminate your access to the Products by cancelling your subscription plan in accordance with your subscription plan.
10. Accounts 10.1 Once you create an Account you will be required to select a unique username and choose a password for your Account. When creating your Account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your Account. You must ensure that no automated systems (including without limitation robots, spiders and offline readers) access the Website or are otherwise used in connection with it, and must keep your Account password confidential and secure. You must not disclose your Account password to any third party. You must notify the Company immediately if you suspect any unauthorised use of your Account or access to your passwords. You are solely responsible for any and all use of your Account, and accordingly, you are liable to the Company for any losses sustained by it as a result of any unauthorised use of your Account. For the avoidance of doubt, you acknowledge and agree that the Company assumes no responsibility or liability for losses caused by unauthorised use of your Account.
11. Communications 11.1 By creating an Account, you consent to the Company providing you with marketing, promotional and advertising materials and other communications regarding offerings which the Company considers may be of interest to you.
13. Use of Company Content 13.1 You must not copy or reproduce the Website, Products, Services or any other Company Content by any means or in any form without the Company's prior written consent, except to the extent strictly required for you to access and use the Website. You are solely responsible for the use of the Company Content under your Account, and must ensure that the Website is protected at all times from misuse, damage, destruction or any form of unauthorised use. You acknowledge that in the event that the Company modifies, enhances, updates or upgrades any other part of the Website
14.3 You represent and warrant that the information provided by you through your use of the Website does not and will not infringe the rights, including without limitation, the intellectual property rights, of any person or other third party.
14.4 The Company may only use the information provided by you through your use of the Website in a way that does not disclose personal information to any third party, where personal information has the meaning given under applicable privacy laws.
15. Prohibited Use 15.1 Your use of the Website, Products, Service and any other Company Content and the information you provide must not:
(a) Be false, inaccurate or misleading;
(b) Be fraudulent or deceptive;
(c) Infringe on any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights of publicity or privacy;
(d) Violate any applicable law (including those governing customer protection, unfair competition, criminal law, anti-discrimination or trade practices law);
(e) Be defamatory, threatening, harassing, unlawfully discriminative or offensive;
(f) Contain any viruses, trojan horses, time bombs, trap doors, back doors, Easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devise or other computer programming routines that may or are intended to damage, modify, delete, interfere with, intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Website.
(g) Damage the integrity of the Website or the Company or dilute, tarnish or otherwise harm our brand in any way;
(h) Breach or violate any of our policies;
(i) Use our Website in connection with the distribution of unsolicited commercial email (“spam”) advertisements;
(j) Attempt to gain unauthorized access to the Website or networks connected to the Website; or
(k) Tamper with, hinder the operation of or make unauthorized modifications to the
15.3 The Company expressly reserves the right to take any action deemed necessary in respect of any Prohibited Use or other illegal or unauthorised use of the Website by any person, including referring matters to appropriate authorities for further investigation (such as police) and appropriate legal action.
15.4 You must immediately notify the Company if you become aware or reasonably suspect that any user is engaging in Prohibited Use, or proposes to do so.
18. Disclaimers 18.1 You acknowledge that the Website, Products and any other Company Content is not a health service nor does it provide health advice. The Website and Products are designed for educational purposes only. You should not rely on the Website and/or Products as a substitute for professional medical advice, diagnosis or treatment. You should consult a health care professional before subscribing to and using the Website and/or Products particularly an assessment and clearance from a physiotherapist. You acknowledge that the exercises on the Website and/or Products are not to be considered a recommendation for a specific treatment plan or course of action. The use of any information on the Website and/or the Products is solely at your own risk. Use of the Products may result in injury and you acknowledge that by voluntarily undertaking any exercise on the Website and/or in the Products you assume risk for any resulting injury.
18.2 The Company does not warrant that the Website, Products, Services or any other Company Content will be error free, or that your use of the Website, Products or any other Company Content will be uninterrupted, or that the they will meet your requirements. Accordingly, you expressly acknowledge and agree that use of the Website, Products and any other Company Content is at your sole risk, and further acknowledge and agree that to the extent permitted by law, the Website, Products and any other Company Content is provided "as is", with all faults and without warranty of any kind. Accordingly, the Company is not responsible for any problems, failures or technical malfunctions of any telephone lines or networks, computer online systems, servers or providers, computer equipment, software, or any other object or material, related to your use of the Website and Products including but not limited to any damage resulting from the access, download or use of Company Content or other material used by you as part of your use of the Website.
18.3 Further, the Company makes no warranties or representations regarding the security of material, data and information uploaded or submitted by you in your use of the Website and/or Products, and is not responsible for the loss of any material, data and information uploaded or submitted by you in your use of the Website and/or Products.
18.4 The Company expressly disclaims, to the fullest extent permitted by applicable laws
and regulations, any statutory or other guarantee or warranty relating to the Products, Website and any other Company Content, including but not limited to guarantees of acceptable quality and warranties of merchantability or fitness for purpose. The Company cannot guarantee, and does not promise, any specific results from use of the Website and/or Products.
18.5 In no circumstances shall the Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Website and/or Products, from any information provided by you through your use of the Website or from your conduct, whether online or offline.
18.6 The Company may only use information provided by you through your use of the Website in a way that does not disclose the personal information of the customer to any third party, where personal information has the meaning given under applicable privacy laws.
(a) in the case of goods (including the Products), and at the sole option of the Company, either (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired. 19.2 The Company expressly disclaims, to the fullest extent permitted by applicable laws and regulations, any statutory or other guarantee or warranty relating to the, Website, Products, Website and any other Company Content, including but not limited to guarantees of acceptable quality and warranties of merchantability or fitness for purpose. The Company cannot guarantee, and does not promise, any specific results from use of the Website and/or the Products. In no circumstances shall the Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, Products or from any User Content submitted as part of the Website or from your conduct, whether online or offline.
21.2 You will inform the Company immediately upon becoming aware or suspecting that an unauthorised person has become aware of any Confidential Information.
21.3 You are permitted to disclose Confidential Information to such third parties as are strictly necessary, where you are required by law to do so (provided that you give the Company reasonable advance notice and opportunity to object to the requirement to disclose such information or obtain an appropriate order to protect its Confidential Information), or if the Confidential Information enters the public domain (other than as a result of a breach by you of your obligations under this clause).
23.3 You expressly agree and acknowledge that you are not authorised or permitted to bind the Company in any way whatsoever in relation to any contract or agreement with any third party.