TERMS & CONDITIONS
To provide you with the best medical treatment and an ideal user experience online, we require all website users to comply with the following Terms of Use and the Privacy Policy. In these terms and conditions, "us", "we" or "our" means The Remedial Hub ABN 71 299 616 228.
It is important that you understand these Terms & Conditions that relate to your use of our services. Whether you engage us in person or online via www.ajsremedial.com, you agree to be bound by these Terms by using the website, our social pages or any of our services. Please contact us via the Contact page if you have any questions.
We may change the Terms & Conditions at any time. If we do, an amended version of the Terms & Conditions will be posted on the website. You are responsible for ensuring that you regularly review the Terms & Conditions, and your continued use of the website after any changes are made to the Terms & Conditions will be deemed to constitute your acceptance of those changes. If you object to any changes to the Terms & Conditions or otherwise become dissatisfied with your membership of the website, your only remedy is to immediately discontinue your use of the website and our services.
YOUR ONLINE PROFILE AND WORKING WITH US
1) You must be at least 18 years old to become a website member. You must not attempt to register if you are under 18 years old. If you are under 18 years, you may have your parents create a profile online in their name to arrange a membership or book services for your benefit.
2) You are not required to be over 18 years of age to connect with us on any of our social media pages ("Social Pages"). However, all members of the Social Pages must comply with these terms, treat other members courteously and not do anything that would defame, embarrass or upset other members or us.
3) When registering as a website member, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information, including any changes to your direct debit information. You may do this at any time by accessing your Account page on the website, giving us a call or emailing the details to us via the Contact page.
4) All personal information you provide to us will be treated in accordance with our Privacy Policy
5) In the event of unusual activity, we reserve the right to temporarily or permanently suspend your account and contact you or any other relevant third party to report such unusual activity.
6) While we use reasonable endeavours to ensure that the website is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error-free. In addition, access to the website may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
7) We reserve the right to change or discontinue any service or feature of the website in whole or in part at any time.
8) You may terminate your website membership for any reason only by providing written notice to us.
9) We reserve the right to, without limitation, do any or all of the following in relation to suspending, deleting, modifying, and temporarily blocking your access to and deactivating your online profile.
SERVICES WE PROVIDE
10) You may join our mailing list at no cost; however, to make purchases online, you must create an online profile.
11) Further details and any additional terms and conditions relating to future features and services (including the pricing for any future chargeable services) will be available on the website and in our Clinic. Any such additional terms and conditions form part of the Terms & Conditions.
12) Should we choose in the future to implement new services, features, or products or change the current services, features or products, we reserve the right to change the pricing for them also at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the website or terminate your membership in accordance with the Terms & Conditions
WHAT WE REQUIRE FROM YOU
13) When you become a Client, you agree to:
a) ensure all payments are made in full at the Clinic you have attended at the time of Service or in advance using the Direct Debit system;
b) treat us and any members of AJ’s remedial and sports therapy that you have contact with a courteous and respectful manner;
c) pay the administration fee charged by the Direct Debit service provider for any dishonours incurred if using the Direct Debit system and your account does not have sufficient funds;
d) pay 50% of your consultation fee if you cancel an appointment within 3 hours of an appointment;
e) advise us of any issues you are having with your treatment, your engagement with any of the staff at our Clinics or any of the Therapists, or another member;
f) only post positive or non-derogatory comments on our Social Pages;
g) advise us immediately if you have sustained an injury prior to, during or immediately after any receiving any Services; and
h) keep us updated with any changes to your contact details, name, physical requirements or any injuries to need to be aware of.
PRIVACY AND CONFIDENTIALITY
14) We will keep your contact information and treatment notes ("Personal Information") in a secure manner so that no unauthorised person is able to gain access to it.
15) Where we collect your personal information, we will take reasonable steps to:
a) ensure that Personal Information is protected against loss and against unauthorised access, use, modification, disclosure or other misuses;
b) not use Personal Information other than for the purposes of performance of the Services, and as consented to in this Agreement, unless required or authorised by law;
c) not disclose Personal Information without your consent unless required or authorised by law;
d) ensure that only authorised personnel have access to Personal Information;
e) immediately notify you if we become aware that a disclosure of Personal Information is or may be required or authorised by law;
f) make its officers, employees and sub-contractors aware of our obligations under this clause;
g) comply with any reasonable request or direction arising from or in connection with the exercise of the functions of the Privacy Commissioner under the Privacy Act, and any guideline or regime on privacy as provided by the Client.
16) You must notify us immediately if you suspect your Personal Information may be at risk, or if you suspect another person has gained access to your online profile.
17) You agree to keep confidential any conversations you hear while at the Clinic, to respect the privacy of other members and our staff.
LIABILITY
18) You indemnify us and its officers, employees, subcontractors, contractors, affiliates, advisors and agents (those indemnified) from and against any claim, action, demand, damage, loss, liability, cost, charge, expense, outgoing, fine or payment which any of those indemnified pays, suffers, incurs or is liable for arising out of or in connection with:
i) any breach of these Terms & Conditions by you or someone accessing your profile using your login details and password, whether authorised or not; and
ii) any breach of law or infringement of a third party's rights; and
iii) any act or omission of fraud, dishonesty, reckless or wilful misconduct or misrepresentation, to the extent caused or contributed to by any act or omission by you.
a) Notwithstanding any other provision of this Agreement, the liability of a Party arising under and/or in connection with this Agreement will exclude any liability for indirect or consequential loss.
b) To the maximum extent permitted by law, our aggregate liability in respect of any causes of action arising under or in connection with these Terms & Conditions, whether in contract, tort (including negligence), statute, equity or otherwise, is limited to an amount equal to the cumulative total fees for Services paid or payable by you to us, for the first six months of Services engaged within the previous 12 months.
GENERAL TERMS
19) This Agreement constitutes the entire Agreement between the Parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing, in relation to its subject matter.
20) If any part of this Agreement is void or voidable, then that part is severed from this Agreement but without affecting the continued operation of the remainder of this Agreement.
21) The laws of the State of Western Australia govern this Agreement and the Parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
22) You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
23) To the extent permitted by law, we exclude all express and implied warranties, and products and services are provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
24) Where the provision of the Services depends on your information and response, we have no liability for a failure to perform the Services in the estimated period, which is affected by your delay in response, incomplete or incorrect information.
USE OF THE SITE, SOCIAL PAGES AND PROHIBITED ACTIVITIES
25) You are responsible for maintaining the confidentiality and security of your login and password and for all activities that occur in your profile. You agree to immediately notify us of any unauthorised use of your login or password, and to ensure that you exit from your account at the end of each session.
26) We may at any time request a form of identification to verify your identity and/or your compliance with the Terms of Use.
27) You agree not to use the website (or contact any other member of our website) to:
a) defame, abuse, harass, stalk, threaten or otherwise offend others;
b) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming;
c) impersonate or create a profile for any person or entity;
d) promote, or provide information about, illegal activities or conduct;
e) promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
f) exploit any person under the age of 18, or to solicit information from anyone under 18; or
g) solicit money, passwords or personal information from any person.
28) We have no obligation to monitor any member's use of our website, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
29) You agree not to post or transmit on the website or otherwise transmit to any other member of the website by any other means, Content that:
a) is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
b) is false or misleading in any way;
c) infringes the rights of any third party;
d) you do not have a right to make available under any law or contractual obligation;
e) is sexually explicit or contains sexual references/innuendo;
f) pertains to group sexual activity or to solicit contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs;
g) contains restricted or password-only access pages, or hidden Content; or
h) contains viruses or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
SAFE INTERACTION, COMPLAINTS AND DISPUTES
30) Unfortunately, it is possible that other members of the website and/or Social Pages may use them in violation of the Terms & Conditions prior to us being notified of this. For example, it is possible that another member may post or transmit on the website or Social Pages something that is obscene or offensive or you consider harassing.
31) We urge you to be cautious when interacting with other members of the website. You should carefully select what you post or transmit on the website or Social Pages or otherwise transmit to any other member by any other means. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile. Anything you transmit or post on the Social Pages will be considered non-confidential.
32) You agree to hold us harmless in connection with any dispute or claim that you make against any other member of the Site and/or Social Pages.
EXTERNAL ACTIVITIES, THIRD PARTY WEBSITES AND ADVERTISING
33) From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties ("External Activities"). External Activities may be subject to separate terms and conditions. You acknowledge that you participate in any External Activities entirely at your own risk.
34) In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
35) In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms & Conditions, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.
36) From time to time, the website may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Site and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third-party websites, you leave the Site entirely at your own risk.
37) The website may also feature or display third-party advertising from time to time. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
LIMITATION OF LIABILITY AND INDEMNITY
38) You acknowledge that you use the website, our Services and the Social Pages at your own risk. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the website or any other members' or third-party suppliers' use of or conduct in connection with the Site, in any circumstance.
39) You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the website, our Services and the Social Pages, including any breach by you of the Terms & Conditions.
40) To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms & Conditions, might apply in relation to your use of the website, our Services and the Social Pages. In particular, we do not make any representations or warranties that the website will be uninterrupted or error-free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the website, our Services and the Social Pages.
41) To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable Service or feature on the Site and/or the Social Pages provided to you during the term of your membership. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
