These terms and conditions apply to the use of the Website, including use of any Comments Facilities. In using the Website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Website.

 

Terminology

In these terms and conditions:

Comments Facilities” means any facilities on the Website to which you may contribute to or in which you may participate;

Red“, “we“, “us” and “our” means Function Physio ABN 96 160 451 892

Linked Website” means a website that is hyperlinked from the Website or whose URL we disclose on the Website; and

Website” means the website maintained by us and presently found at the URL, functionphysio.com.au;

Amendments to terms and conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

 

Use of Comments Facilities

Participation in the Comments Facilities is only open to you if you are 18 years old or over, or if you have the consent of your parent or guardian. If you are under 18 years of age, you must not participate in the Comments Facilities unless you have the consent of your parent or guardian.

 

Posting a comment

By posting a comment using the Comments Facilities, you agree to abide by the following terms and conditions.

  • You acknowledge that any information or material submitted by you to the Website is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction. 
  • When you submit material to the Website, you assign all copyright, which subsists in such material to us. 
  • We also reserve the right to remove or alter any information that you contribute to the Website at any time without notice to you. 
  • You will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable or infringes the rights of any person. 
  • You agree not to disrupt the flow of dialogue or otherwise act in a manner that negatively affects any other person. 
  • You agree not to impersonate any other person. 
  • You agree to provide current, accurate and up-to-date information about yourself as required under these terms and conditions. 
  • You agree not to post or transmit any unsolicited advertising or promotional materials. 
  • You will not post or transmit any material in which the copyright is owned by another person or entity. You warrant that all material posted is your original work and not sourced from any third party. 
  • You will not post any material that contains viruses or other computer codes, files or programs that are designed to limit or destroy the functionality of other computer software or hardware. 
  • You accept that any material or information provided by you may be posted on the Website for any other person to access.

Website content

All information provided by us on the Website is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources that we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time.

 

We do not make any representations or warranties that the information provided on the Website is reliable, accurate or complete or that your access to the Website will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material, which is posted by any person using the Comments Facilities.

 

We do not accept any liability for the accuracy or content of any material posted by any person using the Comments Facilities. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another person.

 

We do not accept any responsibility or liability for any information or material that you submit using the Comments Facilities, nor do we accept any responsibility for any use or misuse that you or any other person make of information or material which you submit using the Comments Facilities.

We do not warrant that we will respond to questions or comments submitted by you using the Comments Facilities.

 

If you download any material from the Website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material in addition you may not commercialise any information, products or services from the downloaded material.

 

Specific warnings

You must ensure that your access to this Website is not illegal or prohibited by laws that apply to you.

 

You must take your own precautions to ensure that the process that you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage own computer system. For the removal of doubt we do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this Website or any linked Website.

 

We do not accept liability for any losses arising directly or indirectly from a failure to provide the Comments Facilities, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Website, any transmissions by others in contravention of these terms and conditions.

 

You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person authorised to represent you.

 

You acknowledge that we cannot confirm the identity of any person contributing any content or material using the Comments Facilities or prevent them acting under false pretences or in a manner that infringes the rights of any person.

 

Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services, and each advertiser is solely responsible for any representations made in connection with its advertisement.

 

Copyright

Copyright in this Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or 
  • commercialise any information, products or services obtained from any part of this Website; without our written permission.

Trade marks

Except where otherwise specified, any word or device to which is attached the ® symbol is a registered trade mark.

 

If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

  • in or as the whole or part of your own trade marks;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive; or 
  • in a manner that disparages us or our information, products or services (including this Website).

Restricted use

Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use. You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Website or use it for commercial purposes.

 

Linked Websites

Links to Linked Websites are provided for convenience only and may not remain current or be maintained.

 

We are not responsible for the content or privacy practices associated with Linked Websites.

Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.

 

Disclaimer

Any statements or opinions posted by any person on this Website, including by any of our employees or contractors in a blog or forum on this Website, are strictly those of the relevant author and not us. We do not approve of or endorse the contents of comments posted by persons using the Comments Facilities, and do not accept responsibility for any loss, damage, harm or injury occasioned by unlawful, offensive, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, discriminatory, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable material posted using the Comments Facilities.

 

We do not warrant that any material you submit to the Website will be protected against loss, misuse or alteration by third parties. We do not warrant that we will post your information or material on the Website. If we elect in our sole discretion to post your information or material on the Website, we do not warrant that the material or information you submit will be posted within a certain timeframe.

 

We do not accept responsibility for any loss damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Website or any Linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.

 

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

a) if the breach relates to goods:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; and

b) if the breach relates to services:

                            the supplying of the services again; or

                            the payment of the cost of having the services supplied again.

 

Exception to disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

 

Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

 

Termination of access

Access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

 

Governing law

These terms and conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

 

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

 

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

 

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.