1. GENERAL
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.
2. CONSENT
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 ONLINE PHYSIOTHERAPY SERVICES
You acknowledge and accept the following:
- 3.2 You have the right to choose the physiotherapist that you wish to see, refuse treatment, or seek a second opinion at any time.
- 3.3 You may be required to complete physical movements as part of your assessment and that you are required to ensure your environment is safe to complete these in.
- 3.4 There is an inherent risk of injury in completing any physical physiotherapy assessment.
- 3.5 The chance of risk is lowered by a thorough assessment of your condition, and we take every precaution to minimise risk.
- 3.6 You have the right to refuse to complete any assessments (including physical movements) that you do not wish to complete.
- 3.6 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 online telehealth physiotherapy services are not suitable for you. In these circumstances, we will not provide the physiotherapy services to you and 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 given by us if you experience 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.
9.PAYMENT, CANCELLATIONS AND REFUNDS
9.1 Payment is required at the time of booking. You will be unable to book a service without full payment
9.2 We do not charge cancellation fees at any time. We have the right to refuse further appointments if you do not attend an appointment without notice or reasonable explanation.
9.3 We will provide a full refund if you are not happy with our service.
10. USE OF ONLINE PHYSIOTHERAPY SERVICES OUTSIDE OF AUSTRALIA
We make no claims or representations that the Online Physiotherapy Services may be lawfully used outside Australia. Unless otherwise expressly stated or agreed, the Online Physiotherapy services are directed solely at patients who receive the Online Physiotherapy Services from within Australia. If you choose to access or use the Online Physiotherapy Services from outside of Australia you do so at your own risk.
8. LIABILITY
8.1 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.
8.2 Exclusion of Liability :
8.2.1 Samuel James Allman shall not be held liable for, nor accept any responsibility for any injury, loss or damage sustained by any person or persons resulting from treatments or procedures delivered in this practice or by our physiotherapists or in any way whatsoever which does not arise from any negligence of the practice director or the practice employees.
8.2.2 Treatment programs and management plans devised by physiotherapists of this Practice are specific to the needs and circumstances of the client, and may not be widely applicable to other parties. The practice director and employees of this Practice will assume no duty of care in relation to usage of a prescribed treatment program and management plan by a third person other than the client.
9. PRIVACY
The Privacy Policy forms part of this Agreement.
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.
11. DEFINITIONS
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);
“Run With Strength Physio and Sam Allman” 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
“Web site” means the web site located at the domain “https://runwithstrength.com” and on all sub-domains, folders and sub-folders on this domain.
12. INTERPRETATION
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 Samuel James Allman (ABN 36 439 490 877)
- 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 or by post.
- Reference to the “Parties” means both you and us; and
- All monetary amounts are expressed in Australian dollars.