Terms and Conditions

Please take the time to read these terms and conditions. By using our website and the services and information offered on our website you are agreeing to these terms and conditions.

Definitions

Services means physiotherapy treatment and all associated services provided by us.

Website means “danielsearle.com.au”

We / Us etc means ‘Daniel Searle Physiotherapy’ a registered business name of Daniel Searle ABN 74 834 377 296 and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details (if provided) and for all activities carried out under your password and login.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.

If you wish to use content, images or other of our intellectual property, you should submit your request to us via the contact form provided on this website.

Trademarks

The trademarks and logos contained on this Website are trademarks of us or of our affiliates or sponsors. Use of these trademarks is strictly prohibited except with our express, written consent or the express, written consent of the affiliate or sponsor with respect to their trademark and logo.

Links to external websites

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.

You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Compliance with Australian Law

All goods and services purchased through this website are done so in accordance with Australian Consumer Law. To the best of our knowledge, all goods and services sold meet with Australian Product Safety requirements. A tax invoice will be provided via email once payment has been received. Physiotherapy services are GST free, other purchases may incur GST details of which will be provided on the tax invoice.  All purchases are in Australian Dollars.

Credit Card Fees

All goods and services purchased with a Credit or Debit card may incur an additional charge equal to the fee charged to us by our card merchant.

Warranties and Guarantees

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If any defect in materials or workmanship in product sold by Daniel Searle Physiotherapy is identified and notified to us within the warranty period then we will, at our discretion repair or replace the product. Daniel Searle Physiotherapy does not accept any liability beyond this for consequential loss.

Warranty is subject to us being satisfied that a defect was not caused by, or was not substantially contributed to by, other factors beyond our control, including (but not limited to): defective installation, maintenance, or repair; alterations or modifications of the product in a manner not recommended by the manufacturer; or any neglect, misuse or excessive use. To claim under warranty return product to a Shock Team within the warranty period and with evidence of the starting date of the warranty period.

Cancellations and Refunds

Participants may cancel appointments at any time. Refunds for prepaid services caused by ‘change of mind’ will be solely at the discretion of Daniel Searle Physiotherapy.

Complaints

Any concerns or complaints should be made directly to a staff member preferably in person. Alternatively the complaint or concern should be made via phone or though the contact form details of which are provided on this website.

Last updated 4th June 2020