This website ("Website") is owned and operated by ePhysio Pty Ltd (ACN 119 977 543) ("ePhysio"). Your access to the Website is subject to your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as "Terms of Use"). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. ePhysio reserves the right to amend the Terms of Use at any time.

All exercises, advice sheets, videos, information, text, material, graphics and software on the Website (the "Content") is provided to enable you to customise and view-on-demand instructional exercise videos of prescribed exercise programs to assist in your recovery from injury and rehabilitation (the "Purpose"). You agree to use the Website and its contents for the Purpose and for your exclusive use only. The Content must not be reproduced for, or distributed to, or relied upon by, any other person(s) or by you for any other Purpose. The Website does not provide medical advice.

General information relating to medical conditions, treatments or public or private health issues may be posted to the Website. The information available on or obtained via the Website is not intended or implied in any way to usurp, take precedence over or to form the basis of, appropriate and timely medical consultation, diagnosis and treatment by a qualified doctor, physiotherapist or other health professional. Do not rely on any of the information in this Website for a diagnosis; this Website aims to screen users symptoms to allow some self-management of their symptoms. If you have or suspect you have a health problem you should consult your own doctor, physiotherapist or other qualified health professional. You should never disregard or delay in seeking medical advice from your qualified healthcare provider because of something you have read, heard or seen on this Website.

Patients and users reading any medical information posted on the Website including information provided specifically for their use should review the information carefully, with their professional health care provider if required or appropriate.

Certain portions, components, content and features of this Website are only available to individuals who purchase a subscription to our online fee-based programs, including without limitation, access to a prescribed exercise program, exercise sheets and exercise videos (a "Program"). As a subscriber to one of our Programs, you agree as follows

Seller

For the purposes of all sales transacted on this site, the seller is:

Margaret Banff

Registered business address: PO Box 687, Willoughby, 2068

Phone: 0425 232 495

Fax: na

ACN: 119 977 543

Under Australia’s Trade Practices Act and related state and territory fair trading laws you have inalienable rights and remedies available to you if you consider that a Program you have purchased from this Website is not of the standard you expected given its price and the way it was described. These rights are in addition to and not limited by the information below about our cancellation, refunds & returns policy.

Subscriptions and renewals

You agree to pay, using PayPal the fixed charges and fees set forth on this Website, applicable taxes, and other charges and fees incurred in order to access our Products. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).

Subscriptions to ePhysio operate on a weekly basis and are payable in advance. You may cancel at any time. (See more under cancellations).

All fixed and periodic charges and fees for our Programs are quoted in Australian dollars and are inclusive of any applicable GST, except where otherwise stated.

In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to the Website and our Programs, including without limitation all telephone access lines, internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Programs.

For the purposes of your use of our Programs, including identification and billing, you consent to providing us with true, accurate and complete information as required by the subscription process to our Programs ("Subscription Data"), including your name, address, telephone number, email address, date of birth, occupation and applicable billing information and you consent to us sharing your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data to keep it accurate at all times.

Cancellations, refunds & returns

ePhysio subscriptions are billed monthly in advance. Either you or ePhysio may terminate or cancel your subscription to the Website at any time and such cancellation will take effect at the end of the current paid period for which you have subscribed. To cancel, please contact us by email at info@ephysio.com. At the sole discretion of ePhysio, you may defer the Program for a limited period. For further information, please contact us by email at info@ephysio.com.

Subscriptions to the Website will commence within 5 days after the order is received.

The Content belongs to ePhysio, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. The Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for on the Website or expressly authorised in writing by ePhysio or its affiliates.

Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark, logos and other proprietary notices), you may:

a) using an industry-standard Web browser, download, print and view the Content for your personal, non-commercial use in accordance with the Purpose, or

b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of ePhysio or an affiliate or which is prohibited by the Terms of Use.

Because we are in the healthcare area, we pay special attention to privacy issues. The purpose of our privacy policy is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and discuss your options for controlling your information. You acknowledge and agree to be bound by our privacy policy.

Please click here to view our Privacy Policy for Patients.

For the purpose of the Terms of Use, ePhysio's confidential information means the Content and any information relating to the business, property, know-how, trade secrets, products, services, customers, suppliers, your user id and password, or other affairs of ePhysio ("Confidential Information").

Except as expressly permitted or required by this Agreement, you must not use or disclose to any other person any of ePhysio's Confidential Information.

The obligations of confidentiality set out in this section will not apply to any information:

(a) which is publicly known;

(b) which is disclosed to you without restriction by a third party and without any breach of confidentiality by the third party; or

(c) which is developed independently by you without reliance on any of the ePhysio's Confidential Information.

The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by ePhysio of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"). ePhysio does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

To the fullest extent permitted by law and except as provided for by the Non-excludable Rights:

a) all Content is provided "as is" and without warranties of any kind, either express or implied,

b) ePhysio expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,

c) ePhysio does not warrant that your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, and

d) ePhysio does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

(a) the supply of the services again, or

(b) the payment of the cost of having services supplied again;

(a) the replacement of the goods or the supply of equivalent goods,

(b) the repair of such goods,

(c) the payment of the cost of replacing the goods or acquiring equivalent goods, or

(d) the payment of the cost of having the goods repaired.

The Terms of Use are effective until terminated by ePhysio, and ePhysio may terminate this agreement and your access to the Website at any time to take effect at the end of the current paid period for which you have subscribed. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all ePhysio disclaimers and limitations of liability set out in the Terms of Use will survive.

ePhysio assumes no obligation to update the information or advise on further developments. The Content may be changed without notice. If you have concerns about any information on the Website then please tell us using Contact Us section of the Website. If you wish to receive a response please include a contact email address in your feedback.

ePhysio relies on your continued observance of these Terms of Use. If ePhysio suffers any loss or damage or incurs any costs in connection with any breach by you of these Terms of Use or any other legal obligation then you agree to indemnify ePhysio for those losses, damages and costs.

Unless otherwise specified, the materials on this website are directed solely at those who access this Website from Australia. ePhysio makes no representation that any information, product or service referred to in the materials on this Website are appropriate for use, or available, in other locations.

This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.