Terms & Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR PURCHASING ANY ONLINE SERVICES
This page includes the following important terms - Terms & Conditions and Privacy Policy.
These are the Terms and Conditions for use of this website being https://www.goodvibesphysio.com.au/ (the Site).
This website is the website for ABN 87980551921 T/A Good Vibes Physio
Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you (“Terms”). These Terms together with our Privacy Policy are very important as they apply to all Site visitors, clients, customers, and all other users of the Site (“user”, “you” and “your”).
GOVERNING LAW AND JURISDICTION
By using the Site, you accept these terms and conditions in full. If you register, or use an online form, contract services from the Site or purchase a product from the Site, then you expressly agree to these terms and conditions.
Our Site, like any other website, is accessible to anyone, which means, it may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.
CONSENT TO SITE TERMS OF USE
By accessing and using this Site, our social media channels and any other materials made available to you (Online Services) provided on this Site, whether made available for purchase or not, you are taken to accept our Terms.
By using the Site, accessing or purchasing any Online Services, you warrant that:
(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
(b) have read and accepted these Terms; and
(c) will comply with these Terms.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms.
You may also accept these Terms where you click “Agree” or “Accept” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us.
INTELLECTUAL PROPERTY
Ownership of Intellectual Property
The Site and Online Services contain intellectual property owned by Good Vibes Physio and by third parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the Online Services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the Online Services or the Content.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, Content or the Online Services, Good Vibes Physio Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site and Online Services, without refund, if you are found to be violating these Terms.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.
PRIVACY
These Terms also include our Privacy Policy which can be accessed here – https://www.goodvibesphysio.com.au/privacy-policy
DESCRIPTIONS OF ONLINE SERVICES
We try to be clear and informative when describing our Online Services and do our darndest to describe and display them as accurately as possible in a way that is easy to understand. Whilst we do try our best, (we really wanted to use the word whilst) occasionally there may be information that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers and availability. From time to time, we may amend errors in pricing and descriptions. We reserve the right to refuse or cancel any order if any information on the Site (including our Online Services) is inaccurate at any time without prior written notice (including after you have submitted your order).
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. If you’ve purchased our Online Services, it will be charged at the price in force at the time a customer’s order is validated.
We offer visitors who want to purchase from our Site the option to pay for the Online Services by PayPal or credit card or such other method of payment as notified by Good Vibes Physio from time to time.
You acknowledge and agree to make timely and full payments to Good Vibes Physio for Online Services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise Good Vibes Physio to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, Good Vibes Physio may revoke your access to the Online Services, without refund. So don’t be that person. When making payments to us, you warrant that you have read the terms and conditions of any third-party payment gateway provider or credit provider (e.g. Paypal, Stripe etc) which are available on their respective websites.
WHEN YOU USE OR BUY OUR ONLINE SERVICES, WE WILL GIVE YOU A LIMITED LICENSE
Where any Online Services are downloaded by you or to which you are granted access, Good Vibes Physio grants you a limited, personal, non-exclusive, non-transferable license to use the Online Services for your own personal and internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to share, modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Online Services in any manner, except for modifications in completing the Online Services for your authorised use.
You shall not remove any copyright notice from any of the Online Services. Doing so may infringe on our intellectual property rights, as outlined below.
USER FEEDBACK, COMMENTS AND OTHER SUBMISSIONS
We always appreciate interaction on our social media channels and feedback about our Online Services, as it helps us to improve our Site and our Online Services. Through the use of this Site, you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you! Where you do decide to submit such feedback or comments, you give us permission to post or otherwise use that feedback on our social media or other channels. If you don’t want us to do that, you can email us and tell us at any time.
We reserve the right to remove a review or comment if such review or comment (a) contains libelous or otherwise unlawful, abusive or obscene material; (b) attacks our employees or another contributor; (c) contains material that discloses your personal information; or (d) is unrelated to the post or content to which you have reviewed or commented on.
Our Site features user reviews of the Online Services and blogs by guest bloggers, these reviews and content of the guest blogs in no way represent the views or opinions ofGood Vibes Physio or its owners, shareholders, employees or others, but are the sole product of its creator. Good Vibes Physio disclaims all liability with respect to any content submitted by the user or guest blogger.
On our Site, we present real-life examples of and insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible but are not intended to represent or guarantee that any current or future users of our programs, courses, products and services will achieve the same or similar results.
Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.
COMPETITORS ARE EXCLUDED
You are not allowed under any circumstances to use or access any documents or content on our Site in any way that competes with our business. Good Vibes Physio reserves its right to exclude and not permit any person using this Site or accessing its document in its sole discretion.
WARRANTIES AND DISCLAIMERS
This Site and our Online Services are provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations, guarantees or warranties of any kind about our Site and/or the Online Services including that:
they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
there is no possibility of failure to store communications or other data.
REFUNDS
Due to the digital nature of the products and services we offer on our Site, refunds are not provided unless otherwise specified in writing.
MORE LIMITATIONS ON LIABILITY
The disclaimers of liability outlined in any of these terms and conditions apply to all customers, clients or visitors.
We otherwise do not accept any liability for any loss, damage, costs or expenses including legal costs and expenses (direct or indirect) incurred by you in connection with the use of this website.
INDEMNITY
You hereby indemnify Good Vibes Physio and any associated party and undertake to keep us indemnified next to any losses, loss, costs, liabilities and bills (including without restriction legal expenses and also any amounts compensated by us to a third party in settlement of an claim or dispute) sustained or suffered arising from any breach of any provision of these terms and conditions, or arising from any claim that you have breached any supply of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights, if you breach these terms and conditions of use at all, or if we reasonably suspect that you have breached these terms and conditions of use at all, we may: (a) send you more than one formal warnings; (b) temporarily suspend your having access to Site; (c) permanently restrict you from accessing the Site; (d) block computers with your IP address from accessing the Site; (e) contact your online services provider and request they block your having access to the Site; (f) bring court proceedings against an individual for breach of contract or otherwise; (g) suspend and/or erase your account with the Site; and/or (h) erase and/or edit any or all of your current content.
Where we postpone or prohibit or block your having access to the Site or a component of the Site, you must not take any activity to circumvent such suspension or prohibition or perhaps blocking (including without having limitation creating and/or having a different account).
VARIANCE
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to using the Site from the date of the publication from the revised terms and conditions on the Site.
ASSIGNMENT
You hereby agree that you may not transfer, sub-contract or otherwise deal with any or our rights and/or requirements under these conditions. You may certainly not transfer, sub-contract or otherwise cope with your rights and/or requirements under these conditions without obtaining your prior written agreement.
SEVERABILITY
If any of these terms and conditions is determined through any court or other competent authority to be unlawful and/or unenforceable, the remainder provisions will continue in effect.
EXCLUSION OF ALTERNATIVE RIGHTS
Subject to this preceding paragraph, these terms and conditions are for the benefit of you and are not meant to benefit any alternative or be enforceable by any alternative. The exercise individuals and your rights with regards to these terms and conditions is just not subject to this consent of any alternative.
ENTIRE UNDERSTANDING
Subject these terms and conditions, together with our privacy, constitute the overall agreement between an individual and us with regards to your use of the Site, and supersede almost all previous agreements in respect of your use of the Site.
HOW TO CONTACT US
If you have any questions regarding the above Terms, just connect with us via our contact page here, via email to hello@goodvibesphysio.com.au.