Terms & Conditions 

Last updated:18th of June, 2019

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the benward.physio website (the “Service”) operated by Ben Ward Sports and Musculoskeletal Physiotherapy.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms, which together with our Privacy Policy and Disclaimer, govern our relationship with you in relation to your use of the Service. If you disagree with any part of the terms then you may not access the Service.

For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Ben Ward Sports and Musculoskeletal Physiotherapy. “You” and “Your” refers to you, the client, visitor, website user or person using the Service.

Amendment of Terms

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using the Service to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use the Service then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.

Limitation of Liability

It is an essential pre-condition to you using the Service that you agree and accept that Ben Ward Sports and Musculoskeletal Physiotherapy is not legally responsible for any loss or damage you might suffer related to your use of the Service, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Service. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on the Service is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through the Service meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use the Service and to purchase any goods or services.

Products

Delivery of Goods

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery typically takes between 2 and 14 days for shipments within Australia, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Ben Ward Sports and Musculoskeletal Physiotherapy.

Overseas shipments may take longer than 14 days. Any duties, taxes or other costs incurred during import are the sole responsibility of the buyer.

In the event that an item is lost or damaged in the course of delivery, we ask that you:

1. Contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
2. Contact us using the contact form on this website outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

Returns, Exchanges and Refunds

We handle returns, exchanges and refunds in accordance with the Australian Consumer Protection legislation. If an item you purchased does not meet Consumer Guarantees under this legislation then please notify us of your wish to seek a remedy. You may choose or we may offer, depending on the nature of the problem, an appropriate remedy such as repair, replacement or refund (see here for information on remedies to meet guarantee standards).

Bookings and Consultation Fees

Bookings

Appointments may be made online via HealthKit or by contacting us directly (online bookings are preferred).

Payment

Payment in full is required at the end of each consultation unless a prior agreement has been made. If a third party is to be responsible for payment (e.g. an insurer) then written confirmation of this and any applicable documentation such as medical referrals must be provided in advance. Until such documentation is received by us you agree to pay all fees.

Our current fee schedule is available here.

Cancellation / Non-Attendance Fees

Late cancellations and failure to attend without notice negatively impacts our ability to operate as a business and denies appointment times to others who may have been able to attend. We therefore reserve the right to charge a fee for late cancellations and for failure to attend without notice as follows:

Late Cancellation

• 50% of the consultation fee

Notice must be given by 5pm the day prior for morning appointments, or 7am the morning of for afternoon/evening appointments.

Failure to attend without notice

• 100% of the consultation fee

By making an appointment you agree to pay any cancellation or non-attendance fees as detailed above and acknowledge that failure to pay may result in debt recovery action being taken. If extenuating circumstances are present then we may elect to reduce or waive the fees at our discretion.

Please note that third party payers (insurers, Medicare etc.) are not responsible for cancellation/non-attendance fees.

Links to Other Websites

We may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

Our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

Disclaimer

To the fullest extent permitted by law, Ben Ward Sports and Musculoskeletal Physiotherapy absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.Ben Ward Sports and Musculoskeletal Physiotherapy gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we at all times endeavour to have the most accurate, reliable and up-to-date information on the Service, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information provided, or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Ben Ward Sports and Musculoskeletal Physiotherapy to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using the Service or any products or services that may be offered through it. It is your responsibility to do so.

The Service is provided on an “AS IS” and “AS AVAILABLE” basis.

Your Privacy

At Ben Ward Sports and Musculoskeletal Physiotherapy, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is stored securely and is protected against unauthorised use or access.

Credit card information is not stored by us on our servers.

Third Parties

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

Disclosure of Information

Ben Ward Sports and Musculoskeletal Physiotherapy may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

Exclusion of Competitors

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor ofBen Ward Sports and Musculoskeletal Physiotherapy. Ben Ward Sports and Musculoskeletal Physiotherapy expressly excludes and does not permit you to use or access the Service, to download any documents or information from the Service or obtain any such documents or information through a third party. If you breach this term thenBen Ward Sports and Musculoskeletal Physiotherapy will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to the Service, services or information in our sole discretion.

Copyright, Trademark and Restriction of Use

The Service contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the Service for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on the Service.

Ben Ward Sports and Musculoskeletal Physiotherapy expressly reserves all copyright and trademark in all documents, information and materials on the Service and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the Service as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Whole Agreement

These terms and conditions represent the whole agreement between you and Ben Ward Sports and Musculoskeletal Physiotherapy concerning your use and access to the Service and your use and access to the documents and information contained on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Jurisdiction

This agreement and the Service are subject to the laws of Queensland and Australia. If there is a dispute between you andBen Ward Sports and Musculoskeletal Physiotherapy that results in litigation then you must submit to the jurisdiction of the courts of Queensland.

Contact Us

If you have any questions about these Terms, please contact us.