Terms and Conditions

Please read this Agreement carefully before accessing or using the Website/service. By accessing or using any part of the website/service, you agree to become bound by the terms and conditions of this agreement.

This is not a legal undertaking. The signatories will abide by the terms to reach the objective slated by striving to do their best.

Our commitment to you is based on more than just excellent clinical care and customer service, which should be expected. Functional Physio SA values your Human Rights. Our clients receive respectful care and are not discriminated against based on age, gender, ethnicity, beliefs, sexual preference or health status.
You have the right to see the physiotherapist of your choice, obtain a second opinion and refuse a treatment. Please see our administration staff if you would like to provide feedback or make a complaint.

In order to achieve outstanding treatment results, we require an equal commitment from you. Take the time to read all our Terms and Conditions as clarity, communication and understanding will ensure that we’re always on the same page and achieving the best outcome possible.

All our professional recommendations are based on the information provided by you, an objective and expert physiotherapy examination and the specific goals determined by you and your physiotherapist. It is important to understand our Terms and Conditions and for you to acknowledge that ultimately, it is your responsibility to follow our advice and avoid situations that may aggravate your condition. We acknowledge an infinite number of variables can impact on the outcomes of any treatment program.

We are confident that if you follow our recommendations, and any further opinions subsequent to reviews that may occur periodically throughout the term of your treatment, then we can help you to achieve outstanding results.

1. The Functional Physio SA Guarantee

Our guarantee is simple:
If you’re not 100% thrilled with your experience, we’ll deliver your next session free.

To receive the Functional Physio SA Guarantee the following applies:
1.1 A claim must be lodged before your next service/consultation or up to a maximum of seven days after the service has been delivered.
1.2 Any refund if applicable must be made in the same manner with which you paid for the service and only at the practice at which the service was originally provided.
1.3 Free services offered under the guarantee cannot be redeemed for cash or products and are not transferable or saleable.
1.4 Free services can only be redeemed at the practice at which the guarantee was provided.
1.5 This free service must be of the same value as the original service provided to you and must be provided within seven days of the original service, unless otherwise negotiated and agreed between all parties.

2.Promotions and Offers

Not valid with any other offers. Limit one per client. Not redeemable for cash or products. Available to new clients or existing clients presenting with a new injury.

3. Cancellations

3.1 It is expected that if you cannot keep an appointment with us, that notice is given as soon as possible by calling the practice and leaving a message if after hours.
3.2 If less than twenty four (24) hours notice is given, the full consultation fee will apply. However, provision of another appointment within 48 hours, but at a time of our convenience, will be made in an attempt to provide continuation of treatment.
3.3 In the event a late cancellation is received, and the client does not accept our offer of an alternative appointment, payment in full is expected within forty-eight (48) hours, otherwise an administration fee may apply.
3.4 This relates to all clients irrespective of their method of funding (i.e. Workers’ Compensation, Transport Accidents, etc). In the case of compensable clients who have been permitted to bulk bill their consultation fees, cancellations must be paid separately by themselves, and cannot be bulk billed.

4. Late and Missed Appointments

4.1 If you arrive late to an appointment, but within your appointed time slot, you may receive a shorter consultation in an effort not inconvenience other clients waiting.
4.2 If you either arrive after or entirely miss an appointment, you will be charged the consultation fee in full.
4.3 If you call the practice to arrange an alternative time to occur within forty-eight (48) hours of your missed appointment, you will be eligible for an appointment at no charge, but at a time of our convenience.
4.4 Irrespective of an alternative appointment being offered, if payment is not received in full within forty-eight (48) hours, an administration fee will apply Late or missed appointments exclude others from receiving treatment and inconvenience both the physiotherapists and other clients waiting.

5. Consent to Treatment

You hereby request and give consent to our therapists to perform all necessary examinations, manipulations, therapy, rehabilitation and medical diagnostic procedures in accordance with their professional training and understanding of your injury. You understand that during your treatment, care may be rendered by different therapists at the Functional Physio SA.

You understand that you have an opportunity to discuss with your therapist, the nature and purpose of your physiotherapy care before any treatment is rendered.

You acknowledge and accept the following:
5.1 The physical nature of physiotherapy and related treatments.
5.2 You have the right to see the physiotherapist of your choice, refuse intervention or seek a further opinion and to provide feedback and make a complaint.
5.3 The adverse risks associated with treatment, including stiffness and soreness, soft tissue injury, neurological complications, cerebrovascular injuries, skin irritations, burns and other minor complications.
5.4 The probability of risk is lowered by screening procedures.
5.5 Other treatment options exist if the risk of physiotherapy is considered to be high, including medication, medical care, hospitalisation and surgery.
5.6 The risk of remaining untreated includes the formation of adhesions, scar tissue and other degenerative changes. These changes can further reduce skeletal mobility and induce chronic pain cycles. It is quite probable that delay of treatment will complicate the condition and make future rehabilitation more difficult.
5.7 Most clients receive our services without the need of a medical or other referral. However, in the event a referral from another practitioner has been given, it is highly recommended that such a referral is provided to the treating physiotherapist to assist in the continuity of care and our delivery of the most appropriate treatment for the client.

6. Consent to Obtain and Release Information

6.1 To expedite the management of your injury or injury claim, you accept it may be necessary to communicate the details of your medical condition with treating practitioners, rehabilitation consultants, case managers and employers.
6.2 By signing these Terms and Conditions you give permission for representatives of the Functional Physio SA  to exchange such information regarding injuries sustained and any significant past medical history, with those people deemed necessary by the Functional Physio SA as per our privacy policy.

7. Accounts and Billing

7.1 Please refer to our most recent schedule of fees for an outline of the services we offer and their associated prices.
7.2 It is expected that all fees are paid in full at the time of consultation.
7.3 We accept cash, EFTPOS, credit cards and offer electronic health rebates (via HICAPS) for your convenience. However, in the event of electronic network failure, full payment is still required on the day of consultation.
7.4 An administration fee will apply for every occasion a consultation fee is not paid on the day.
7.5 In the event of approval for a monthly account, at the end of each month, an itemised statement will be issued, with payment terms strictly 7 days net. Failure to render full payment within these terms will incur penalty fees as clearly stated on each account.
7.6 Payment of accounts can be done via the telephone or in person at the practice from which you received the service.
7.7 Health Insurance rebates (electronic or otherwise) can only be claimed after the service has been received. In the instance of purchasing treatment packages, rebates will only be available once the treatment service has been completed.
7.8 There is no refund available on the purchase of any personal or healthcare items if you change your mind. If the item has a major problem, we can either refund or exchange the item for you. If the problem is not major, we will repair it for you within a reasonable timeframe. Please keep your proof of purchase.
7.9 Those who feel they cannot comply with our very strict billing methods, or wish to be given special consideration, please feel welcome to put your request in writing and address it to the Practice Director.
7.10 Please understand that our strict billing methods allow equality of service to all clients, and serve to raise the already high standard of care we can offer you.
7.11 Our intention is not to exclude anyone from being able to access our physiotherapy services. We have never denied anyone the benefits of physiotherapy care because of their inability to pay our published fees. If financial hardship requires individual consideration, please put your request in writing to the Practice Director.

7.12 All payments for appointments, gym memberships, products or other services discussed on this website are to be made in Australian Dollars (AUD). All AUD advertised pricing includes GST.

7.13Patients may be asked to make payment prior to their appointment if the appointment is after 6pm. No deposit is required when making a booking.

7.14 No refund is available for appointments. Please refer to our satisfaction guarantee.

7.15 Services may be refused if the patient is unfit to provide consent (e.g. cognitive impairment, intoxication), if the patient is aggressive, if the patient is a minor who attends without a consenting adult or if the gym is otherwise unsuitable for a patient.

7.16 Products can purchased online or at the clinic. Products purchased online can be paid for by credit or debit card via a merchant facility. In-clinic purchases may be paid for by cash, debit or credit card. Invoices are available online via the email provided to Functional Physio SA.

7.17 If your item is damaged or faulty, please read our returns policy and conditions carefully to ensure you are eligible to return your purchase and receive a credit. Our policy lasts for 7 days from the date you received the goods (i.e. they were delivered to you or you picked them up from the clinic).

7.18 To be eligible to return an item and receive a credit for your returned item/s, they must:

– Be received by us within 7 days of the date you received the goods

– Be unused and in the same condition you received them. Items that have been worn cannot be returned.

– Have no make-up or other marks on the products.

– Not smell of cosmetics, perfume, deodorant, washing powder or other products.

– Have all original labels and tags attached.

– Creams, lotions, gift cards and discounted items are not eligible for return.

7.19 We inspect all returned items upon their return. Returns which fail to comply with the above will be returned to the purchaser.

7.20 We are unable to process returns and credits until your item is received and has been inspected by us. Once we receive your return, subject to the conditions above, we will issue you a credit covering the cost of the item. We will send your refund within 2 working days of receiving and inspecting your returned item.

7.21 We inspect every item to ensure it is in perfect condition before it is sold. However, in the unlikely event you have received an item with a manufacturing fault, we will gladly refund the cost of the item.

7.22 Functional Physio SA reserves the right to choose with whom they wish to deal. Functional Physio SA may choose not to supply a business or customer based on the reliability of that business, the cost of delivery, or the presentation of goods and services. Similarly, a Functional Physio SA may find it too costly or inconvenient to sell to everyone who asks.

7.23 If Functional Physio SA decides not to supply a business and their reason is not an improper one, the client business will have to renegotiate terms.

7.24 Functional Physio SA provides no guarantee on items beyond the manufacturer’s own guarantee, no guarantee of improvement in health or function from use of the gym/service.

7.25 As affiliates of certain products and services, we may receive compensation for recommending and promoting products/services linked to from this website/service. Every effort has been made to accurately represent information presented on this website and at the Functional Physio SA clinic.

7.26 Except for any implied condition, guarantee or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“Non Excludable Condition”), we exclude from these terms and conditions all conditions, guarantees, warranties and terms, implied by statute, general law or custom. Except for any liability in relation to a Non Excludable Condition, we exclude all liability whether arising in tort (including, without limitation, negligence), contract, equity or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the services. Nothing in these terms affects the statutory rights of any person under the Australian Consumer Law or any other applicable law.

7.27 You must notify us in writing immediately if you become aware of any unauthorised use of your account

8. Privacy Policy Summary Statement

8.1 This practice is committed to protecting your privacy and this information is generally only disclosed to other members of your medical team where necessary.
8.2 The personal and health information you provide during your consultation and subsequent treatment will be collected for the primary purpose of providing high quality health care.
8.3 Where required by law or if necessary for debt collection reasons, your personal information will be disclosed.
8.4 The Functional Physio SA  uses SMS and/or email communication to keep you up to date with the status of your appointment.
8.5 From time to time we may send you information regarding happenings at your local practice via a number of possible ways including: post, email, telephone call or SMS. Reasons we may contact you include:
• To administer accounts and process payments.
• To communicate with you regarding any issues affecting your treatment.
• Provide information on services and benefits available to Clients.
• To notify Clients of promotions and events.
• For research purposes, case conferences, in study groups and at seminars (please note in these instances, all personal information will be de-identified).
• Appointment Reminders.
• Appointment Follow Ups.
• Marketing and promotional material about new products, services or special offers.
• Periodic Newsletters.
• Practice Updates.
• To provide you with information about the current and future benefits of being a Functional Physio SA client.
• Market research or surveys to improve our products and services.
8.6 Should you wish not to receive such communications or our convenient SMS appointment reminders please advise the administration staff at your Functional Physio SA practice or alternatively follow the ‘unsubscribe’ instructions provided in the communication.
8.7 You may gain access to information held about you by this Practice by putting your request in writing. Please attention all such correspondence to the “Practice Director”. Please note a fee may apply.
8.8 Your acceptance of these Terms and Conditions is considered consent to receive such communications as outlined above however you may opt out at any time. The above is a Summary Statement only, and we strongly encourage you to take the time to read the Functional Physio SA Privacy Policy in full.

9. Exclusion of Liability

9.1 The Practice Director and employees of this Practice shall not be liable for, nor shall they accept any responsibility for any injury, loss or damage howsoever sustained by any person or persons arising out of any of the treatments or procedures delivered in this Practice or in any way whatsoever which does not arise from any negligent act or omission of the Practice Director and employees.

10. General Promotional Offers Terms and Conditions

These terms and conditions apply to all promotions run by Functional Physio SA in Australia, its representatives and/or its practices. Unless specifically stated otherwise:
10.1 Offer not valid with any other offer
10.2 Offer is limited to one offer per person.
10.3 Offers are only available at the Functional Physio SA practice promoting the offer. If a practice changes ownership, offers made by the former ownership are void.
10.4 Any discounts are off the standard pricing for the product or service.
10.5 Not redeemable for cash or products.
10.6 Pricing relating to any offer is valid only at the time of publication and is subject to change or termination without notice.
10.7 ‘New’ clients – means anyone that has never received services at the practice before.
10.9 The offer applies to the stated benefit only. Please contact your local practice for details before booking.
10.10 To ensure the benefit of the offer is passed on to you, please confirm that you are claiming the offer when booking, or with the practice reception at time of arrival.

11. INTELLECTUAL PROPERTY

11.1 The material contained in this site, including our name, logos slogans, data, downloadable documents,  information, graphics, underlying software, are protected by copyright, trademark and other intellectual property laws, are owned by us and our licensees and are available for your personal use only.

11.2 You must not copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any such materials unless expressly provided for in these terms and conditions or with our express permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from our website does not transfer any right or ownership of such information, content or images to you and such information, content or images may be used solely in accordance with these terms and conditions.

11.3 The site and the data in it are supplied solely for informational use. Apart from permitted uses under the Copyright Act 1968 (Cth), and, except for the temporary copy held in your computer’s cache and downloading for private use, no part of the material or data contained in this site may be reproduced, altered, transmitted or re-used for any purpose whatsoever without the written permission of Functional Physio SA.

11.4 You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

11.5 You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

11.6 You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

11.7 You must not use our website to transmit or send unsolicited commercial communications.

11.8 You must not use our website for any purposes related to marketing without our express written consent.

1. WEBSITE CONTENT AND MATERIALS

12.1 The information and materials contained in this site (including these terms and conditions) are subject to change without notice. We may discontinue or make changes to the content of this site and the network at any time. Any dated information included in this site is current at the date of publication only, and we will not have any obligation or responsibility to update or amend such information.

1. LINKS TO THIRD PARTY WEBSITES

13.1 Links to other websites may be provided from this site. In those circumstances we have no control over the content of those third-party websites. We make no express warranties concerning the content of those other sites. We do not warrant the accuracy, completeness or reliability of those sites for a particular purpose, nor do we warrant that such sites or their content are accurate, complete, current, or free of defects including but not limited to, viruses or other harmful elements. The user of this site will assume all risks and costs arising from the use of any website linked to this site. Refer to our Privacy Statement for more details.

13.2By linking to a non-Functional Physio SA website or webpage, Functional Physio SA does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Functional Physio SA disclaims any responsibility for any harm resulting from your use of non-Functional Physio SA websites and webpages.

1. ​

14.1 You agree to indemnify and hold harmless Functional Physio SA and any affiliated organisations, and its directors, officers and employees from any claim or demand including reasonable legal fees, made by any third party due to or arising out of your use of this site or any violation of these terms and conditions.

15NO OFFER OF PRODUCTS OR SERVICES

15.1 Nothing contained in this site will constitute an offer by our website for any products or services which may be advertised through the site including its micro site pages. Nor does our website make any specific warranty or representation of any kind with respect to any such information. Our website will not be liable to you or any person who incurs any loss or damage as a result of relying upon any such information.

16APPLICABLE LAW

16.1 These terms and conditions shall be construed and governed by the laws of South Australia, Australia. Further, any dispute arising from these terms and conditions or a breach of any agreement between us and you will be governed by the laws of South Australia, Australia. As a user of this website and our services you submit to the exclusive jurisdiction of the courts of South Australia, Australia and the federal courts of Australia.

17FEEDBACK

17.1We welcome enquiries or feedback on our website or any ideas you may have. Unless specifically stated by you we shall treat any information you provide us with, as non-proprietary and non-confidential.

18. Content Permission

18.1 In these terms of use, “your content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

18.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

18.3 You warrant and represent that your content will comply with these terms of use. Refer to our Privacy Policy

18.4 Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

18.5 You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

18.6 We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

18.7 Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

18.8Responsibility of Contributors. If you comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

• your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

• your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and

• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Functional Physio SA or otherwise.

18.9 By submitting Content to Functional Physio SA for inclusion on your Website, you grant Functional Physio SA a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Functional Physio SA will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

18.10 Without limiting any of those representations or warranties, Functional Physio SA has the right (though not the obligation) to, in Functional Physio SA’s sole discretion (i) refuse or remove any content that, in Functional Physio SA’s reasonable opinion, violates any Functional Physio SA policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Functional Physio SA’s sole discretion. Functional Physio SA will have no obligation to provide a refund of any amounts previously paid.

1. Limited warranties

19.1 We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

19.2 To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

19.3 Limitations and exclusions of liability
Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

19.4 The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

19.5 To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

19.6 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

19.7 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

19.8 We will not be liable to you in respect of any loss or corruption of any data, database or software.

19.9 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

20. Breaches of these terms of use

20.1 Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website/service, prohibiting you from accessing the website/service, blocking computers using your IP address from accessing the website/service, contacting your internet service provider to request that they block your access to the website/service and/or bringing court proceedings against you.

20.2 Subject to the first paragraph of Section [8], these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website/service and supersede all previous agreements in respect of your use of our website/service.

21. Severability

21.1 If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

22. Exclusion of third-party rights

22.1 These terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

If you have any queries about these Terms and Conditions, please contact:

Functional Physio SA (We are registered in Australia)

Phone: 0415 197 757
Email: yendtang@functionalphysiosa.com

Please note that Functional Physio SA may change this policy from time to time by updating this page.  Please check this page regularly to ensure that you are comfortable with any changes.

This Policy is effective from November 2019

By accessing and using this website and service you acknowledge that you have read these conditions and agree, without limitation, to be bound by them. These terms of use govern your use of our website/service; by using our website/service, you agree to these terms of use in full.  If you disagree with these terms of use or any part of these terms of use, you must not use our website/service.

Trading Name: Functional Physio SA
ABN:  19 947 975 241