Terms and Conditions
TERMS AND CONDITIONS FOR SIGNING UP TO OUR ONLINE COURSE and USING OUR WEBSITE
Welcome to The Lady Physio. We work with women to educate them about their pregnancy, birth and recovery. Thank you for your interest in our online course.
These Terms of Use (Terms) apply to the use of the website located at theladyphysioandpilates.com (Website). This Website is provided by The Lady Physio & Pilates ABN 858 038 504 71.
In these terms, we also refer to The Lady Physio & Pilates as "The Lady Physio", “our”, “we, or “us”.
What are these terms about?
These terms apply when you browse our Website or you sign up for an online course through our Website (Online Course). We may offer different Online Courses from time to time, including webinars and group coaching.
If you’re looking for our Privacy Policy and Consent Policy, which we will comply with and you also agree to be bound by, you can find it here.
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
● PART A: Terms for when you sign up for an Online Course (applies when you sign up)
● PART B: Terms for when you browse and interact with this Website (applies when you browse)
● PART C: Liability and warranties, and interpretation provisions (applies to both signing up for an Online Course and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or sign up for an Online Course unless you have read and agree to these terms.
DISCLAIMERS
· (Not medical advice) Our Online Courses have been prepared with care and are designed to support you during your pregnancy, birth and beyond. However, any information provided on our Website or through the Online Course is general in nature, is not medical advice, and may not be suitable for your particular requirements or circumstances. You cannot rely on this information as a substitute for medical advice. We strongly recommend seeking advice from a medical professional before relying on any information or implementing any advice provided via our Online Course or our Website. We accept no responsibility from any adverse effects you might suffer by relying on the information provided via an Online Course or on our Website and you agree to use such information entirely at your own risk. We do not guarantee that any information provided is complete or exhaustive of all possible solutions or remedies.
· (Results not guaranteed) We make no representation or guarantee that any of our Online Courses will be useful or relevant to you or that applying any ideas, recommendations or techniques provided by us will result in any benefit to you. We are not responsible for any of your actions undertaken in reliance on the information you receive from us.
· (Medical Emergencies) If you require immediate medical attention, please contact your treating general practitioner or call 000.
PART A
FOR WHEN YOU SIGN UP TO OUR ONLINE COURSE:
1. SIGNING UP
(a) By signing up for an Online Course using the Website's functionality (Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Online Course you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
2. ACCOUNTS
(a) To sign up for an Online Course, you will be required to sign-up, register and receive an account through the Website (an Account).
(b) As part of the Account registration process and your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing information, postal and physical addresses, mobile phone number, information about your pregnancy, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) You agree that you’re solely responsible for:
(i) maintaining the confidentiality and security of your Account information and your password;
(ii) not sharing your Account information (including login details and passwords) with anyone else; and
(iii) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
(e) You must not give access to your Account to any other person. You are responsible for managing your Account and ensuring that you only access and engage with your Account in an appropriate manner. You agree to only use your Account in accordance with these terms.
(f) We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Online Course to other people or giving access to your Account to other people, infringing our intellectual property rights in the Online Courses, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the fees paid for the Online Course.
3. ONLINE COURSES
(a) All of our Online Courses are carefully designed to teach you the content described on our Website as being included in the relevant Online Course.
(b) We will endeavour to ensure that the Online Course you pay for will be substantially the same as the relevant Online Course described on our Website.
(c) Your access to the Online Course is granted by way of a revocable limited licence for the sole purpose of your personal, non-commercial use of the Online Course content for the time period stipulated on the Online Course you purchase.
(d) Our Online Courses may contain videos, e-books made up of web pages, text, graphics and images (Course Content). You must only view the Course Content through your Account and not download it, unless the relevant Course Content explicitly states that it is a digital download that may be downloaded.
(e) Our Online Courses have been prepared with great care. However, our Online Courses provide general information only and such information is not to be taken as medical advice and is not a substitute for seeking professional medical advice. Please see our disclaimers at clause 7 below.
4. PAYMENT
(a) All prices are:
(i) per Online Course (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed with you, you must pay for your Online Course at the time of placing an Order.
(c) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by The Lady Physio, you must pay the GST subject to The Lady Physio providing a tax invoice.
(d) (Card surcharges) The Lady Physio reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for the Online Course. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price of your Order, we will attempt to contact you and inform you of this as soon as possible and rectify the pricing error.
(g) (Refunds) Due to the nature of the Online Courses, we do not offer change of mind refunds. We may however at our sole discretion offer a full or partial refund where there has been a failure with the Online Course. Nothing in this clause 4(g) is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).
5. COLLECTION NOTICE AND PRIVACY
(a) We may collect personal information about you in the course of providing you with our Online Course, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
(c) By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
6. INTELLECTUAL PROPERTY
(a) Intellectual Property Rights in the Online Courses and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the materials can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.
(b) You will not under these terms acquire Intellectual Property Rights in any of Our IP.
(c) You are granted a single use licence to the Online Courses and the Intellectual Property Rights in the Online Courses for the sole purpose of your individual learning. You must not attempt to reproduce, copy, adapt, modify, sublicense or otherwise commercialise the Online Courses.
(d) For the purposes of these terms:
(i) “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials, including the Online Courses.
(ii) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world, including copyright, trademarks, designs, patents or other proprietary rights, confidential information and the right to have information kept confidential, or any rights to registration of such rights whether created before or after the date of these terms, whether registered or unregistered.
7. DISCLAIMERS
(a) (Not medical advice) Our Online Courses have been prepared with care and are designed to support you in your healing journey after birth. However, any information provided on our Website or through the Online Course is general in nature, is not medical advice, and may not be suitable for your particular requirements or circumstances. You cannot rely on this information as a substitute for medical advice. We strongly recommend seeking advice from a medical professional before relying on any information or implementing any advice provided via our Online Course or our Website. We accept no responsibility from any adverse effects you might suffer by relying on the information provided via an Online Course or on our Website and you agree to use such information entirely at your own risk. We do not guarantee that any information provided is complete or exhaustive of all possible solutions or remedies.
(b) (Results not guaranteed) We make no representation or guarantee that any of our Online Courses will be useful or relevant to you or that applying any ideas, recommendations or techniques provided by us will result in any benefit to you. We are not responsible for any of your actions undertaken in reliance on the information you receive from us.
(c) (Medical emergencies) If you require immediate medical attention, please contact your treating general practitioner or call 000.
8. THIRD PARTIES
(a) The Online Course may contain text, images, data and other content provided by a third party (Third Party Content). We're not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
(b) The Online Course may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
(c) By using the Online Course, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
(d) You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
PART B
FOR WHEN YOU BROWSE THIS WEBSITE:
9. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
10. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Kindred Physio;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Online Courses;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of The Lady Physio, including by linking to the Website on any other website; and
(g) use the Website to defame, abuse, harass, stalk, threaten or otherwise offend any person
(h) publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
(i) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
SECURITY We do not represent, warrant or guarantee that this Website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
11. INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including Online Course descriptions, prices and other Website Content.
12. INTELLECTUAL PROPERTY
(a) The Lady Physio retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Kindred Physio or as permitted by law.
(c) In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
13. THIRD PARTY TERMS AND CONDITIONS
(a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
(b) You agree to any Third Party Terms applicable to any third party goods and services, and The Lady Physio will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
14. LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
15. THIRD PARTY PLATFORM
(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
16. SECURITY
The Lady Physio does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
17. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
PART C
LIABILITY AND OTHER LEGAL TERMS:
18. LIABILITY
(a) To the maximum extent permitted by applicable law, The Lady Physio limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Online Course or services provided by The Lady Physio, is limited to the total Fees paid to Kindred Physio by you in the 6 months preceding the first event giving rise to the relevant liability.
(b) All other express or implied representations and warranties in relation to the Online Courses and the associated services performed by The Lady Physio are, to the maximum extent permitted by applicable law, excluded.
(c) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(d) (Indemnity) You indemnify The Lady Physio and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any services provided by The Lady Physio
(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will The Lady Physio be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Online Courses or services provided by The Lady Physio (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
19. GENERAL
19.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
19.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
19.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
19.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
19.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
19.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
19.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
19.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or "dollar", is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word "includes" and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
20. NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party, whichever is earlier.
info@theladyphysioandpilates.com
Last Updated: 25 April 2024