1.1 Certain terms in these Terms start with capital letters. Unless the context provides otherwise, those words have the meaning given to them here, or in the body of these Terms.

The following definitions apply to these Terms:

‘Content’ means all forms and formats of content, data, information and material contained, incorporated, connected to or made available on or in relation to our Website (including from our partners, affiliates, related service providers and other third-parties), including without limitation:

‘Indigenous Cultural and Intellectual Property (ICIP)’ means Australian Aboriginal and Torres Strait Islander peoples’ rights to their heritage. Heritage comprises all objects, sites and knowledge including language, the nature or use of which has been transmitted or continues to be transmitted from generation to generation, and which is regarded as pertaining to a particular Aboriginal or Torres Strait Islander group or its territory.

4.1 You can, but do not need to, register an account on the Website to place orders or access our products, however, you may be required to register an account to access certain features of the Website, including but not limited to updates, promotional material and other information from us.

4.2 When you place an order with us or register and activate an account, you will provide us with personal information including your name, postal address, telephone number and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

4.3 To create an account or place an order, you must be:
(a)be over 18 years of age;
(b)possess the legal right and ability to enter into a legally binding agreement with us; and
(c)agree to access and use the Website in accordance with these Terms.

4.4 You are responsible for keeping your account secure and for all use and activity carried out under that account. If you suspect or become aware of any unauthorised use of your account, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

5.1 We collect personal information about you (including your name, address, email and phone number):
(a)to process your orders and account registration,
(b)to provide you with access and use of the Website,
(c) to provide you with our products and services,
(d) to respond to your enquiries and feedback,
(e) to provide you with details of updates, promotional material and other information relevant to our products and services, and
(f) for purposes otherwise set out in our Privacy Policy.

5.2 We may disclose this information to third parties that help us deliver the Website, the Content, our products and services (including information technology and communication suppliers, online payment suppliers, postal services, related service providers, our manufacturers and our business partners) or as required by law.

5.3 Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint.

5.4 By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms. If you do not provide this information, we may not be able to provide our products and services to you.

5.5 Subject to our Privacy Policy, if we do not disclose your personal identity in doing so, we can collect, copy, communicate, adapt and exploit data from your use of the Website (and, for the avoidance of doubt, associated Third Party Material) and associated devices, systems, software and peripherals, to improve our products and delivery of our services to you

5.6 If you would like any further information about our Privacy Policy, please contact us (see the ‘Contact Us’ section above for our contact information).

6.1 The information on the Website is provided ‘as is’ and ‘as available’ and you exercise your own skill, judgement and care with respect to your use or reliance on them. The information on the Website is not comprehensive and is only intended to provide a summary of the subject matter covered.

6.2 Without limiting clause 20, we make no warranty and disclaim all responsibility that:
(a) the Website or Content will be complete, accurate or up-to-date;
(b) the Website or Content is of a merchantable quality or fit for a particular purpose;
(c) access to the Website will be uninterrupted or error-free or free from Malicious Computer Program; or
(d) the Website will be secure.

6.3 We are not liable to you or anyone else if errors, interference or damage to your computer systems occurs in connection with your access and use of the Website or a linked website. You must take your own precautions to ensure that whatever you select, access or use on or from the Website is free of Malicious Computer Program that may interfere with or damage the operations of your computer systems.

6.4 Due to photographic and screen limitations associated with the representation of products, actual products may differ slightly in visual appearance (for example, in colour) from the way they appear on the Website.

6.5 We may, from time to time and without notice, change or add to the Website or Content (including these Terms). You should monitor any changes to the Website and check these Terms periodically for changes.

7.1 When making an order, you must follow the instructions on the Website as to how to make your purchase and for making changes to your order before you submit it to us.

7.2 We use secure online payment services, including WooCommerce and Stripe. Please be aware that payments made using these online payment services will be subject to the terms & conditions of those service providers and you should review their terms & conditions carefully before submitting your order.

7.3 Once you select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told at the point of sale the price you must pay including goods and services tax (GST) and any other charges

7.4 Unless otherwise stated, all charges are in Australian Dollars (AUD).

7.5 You must pay for the order in full at the time of ordering by one of the payment methods we provide on the Website. You must be entitled to use the payment method or account used for your purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time.

7.6 If you discover you have made a mistake with your order after you have submitted it to the Website, please contact us immediately. We will do our best to amend your order prior to dispatch in accordance with your instructions but make no guarantees.

7.7 When you place an order, you will receive a confirmation of order email from us. This email will only be an acknowledgment and will not constitute acceptance of your order until you receive a shipment confirmation email from us.

7.8 We may refuse to accept an order from you for any reason, including without limitation, due to unavailability of stock.

7.9 Until the time we accept your order, you have the right to cancel your order and we reserve the right to refuse to process your order. If we or you have cancelled your order before it is accepted, we will promptly refund any payment already made by you to your original payment method.

8.1 We aim to deliver products to the place of delivery requested by you within the time indicated by us once you place an order, however we cannot guarantee delivery dates.

8.2 We will try and notify you if we expect to be unable to meet our estimated delivery dates (if any), but to the extent permitted by law, we will not be liable to you for any loss, liability, costs, damages, charges or expenses arising from late delivery of your order.

8.3 You must provide us with your correct delivery address. If products are returned to us because the delivery address is incorrect, we will attempt to contact you and arrange for redelivery at your own cost, however we are not obliged to do so.

8.4 You must ensure that you are able to take delivery of the order without undue delay and at any time reasonably specified by us. If you are not, Australia Post or our couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the order from the carrier within the timeframe specified by Australia Post or our courier (but no later than 2 weeks from our first attempt to deliver the order to you), then we may (without affecting any other right or remedy available to us) do either or both of the following: (a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
(b) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable order, in which case we will refund to your original payment method any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the order and any storage fees as provided for above).

8.5 Please be aware that it may not be possible to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you place your order and arrange for cancellation of the order or delivery to an alternative delivery address.

8.6 All risk in the product will pass to you upon delivery of the order. From the time when risk passes to you, we will not be liable for loss, damage or destruction of the product.

8.7 You must take care when opening the order so as not to damage the product, particularly when using any sharp instruments. We will not take responsibility for any damage to the product caused by you.

9.1 We dispatch orders from Monday to Friday only (excluding Saturday, Sunday and public holidays). Orders are generally dispatched within two business days of being received but may be longer in the event of disruption to our service.

9.2 Shipping of products is completed by Australia Post or our couriers.

9.3 The shipping costs will be provided to you when completing your purchase on our Website. You can choose between Standard or Express Post. Australia Post will provide the tracking service and accurate delivery information for your purchase after we have dispatched your order.

10.1 We may cancel an order if the product is not available for any reason. We will notify you if this is the case and provide you a full refund of any payment that you have made using your original payment method.

10.2 If you wish to cancel an order, please contact us (see the ‘Contact Us’ section above for our contact information). No cancellation fees will apply if you cancel your order before it is processed for dispatch. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with our Returns Policy (see below).

12.1 From time to time we may release or advertise discounts that may be applied to product purchases. Discounts can be applied on payment by entering the relevant discount coupon details.

12.2 Conditions for the redemption of discounts include the following, and may be amended from time to time at our absolute discretion:
(a)Discounts can only be redeemed on the Website at the time of purchase in accordance with any special terms and conditions stated or advertised.
(b)Discounts are valid for the specified period stated only.
(c) Certain products may be excluded from discount promotions.
(d) Discounts cannot be redeemed for cash.
(e) Only one discount coupon can be used per order.
(f) Discounts are applied to invoices as a whole. Accordingly, in circumstances where multiple products are purchased using a discount coupon, and one or more products are returned in accordance with these Terms, the discount is applied on a pro rata basis to each product for the purpose of establishing refund values (if relevant).

13.1 Unless otherwise indicated, we own, or licence from third parties, all right, title and interest (including copyright and other Intellectual Property rights) in the Website and the Content made available on the Website.

13.2 Your access and use of the Website and any Content does not grant or transfer any right, title or interest to you in relation to the Website or the Content.

13.3 We do grant you a limited non-exclusive licence to access and use the Website and view the Content in accordance with these Terms and, where applicable, as expressly authorised by us and/or our third-party licensors. All rights not expressly granted to you under these Terms are reserved.

13.4 Any reproduction or redistribution of the Website or the Content, in whole or in part, is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support and publication, reproduction or distribution is expressly prohibited. All other use or reproduction of the Website, the Content or any part of either, is prohibited except to the extent permitted by law.

14.1 The Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained on, within, or in relation to the Website. You may not use the Website, or any of the Content, to further any commercial purpose, including any advertising or revenue generation activity on your own website or social media.

14.1 The Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained on, within, or in relation to the Website. You may not use the Website, or any of the Content, to further any commercial purpose, including any advertising or revenue generation activity on your own website or social media.

15.1 The Website may make available Third Party Material. Third Party Material is provided for convenience and may not be current or maintained.

15.2 We are not responsible for, do not endorse or make any representation about, nor do we evaluate or examine Third Party Material, whether for usefulness, accuracy, completeness, legal compliance, availability or otherwise. You use and access Third Party Material at your own risk.

15.3We may remove, suspend access to, change or otherwise deal with Third Party Material at any time, for any period and to any extent, without notice to you and without any liability or obligation to you. The owners or controllers of Third Party Material may do the same.

16.1 The Website may contain links to websites or social media sites operated by third parties. Those links are provided for convenience and may not be current or maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites or social media sites and have no control over or rights in those linked websites or social media sites.

17.1 You must not do or attempt to do any act that we would deem to be inappropriate, culturally insensitive, unlawful or prohibited by any laws applicable to the Website or Content, including but not limited to:
(a) accessing or using the Website or Content outside the scope of any permission or licence granted to you by these Terms;
(b) infringing any third-party rights;
(c) providing false or misleading information to us, or our personnel, agents, contractors, partners, affiliates, suppliers or related service providers;
(d) compromising or disclosing sensitive data or confidential information (including ICIP);
(e) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
(f) using the Website to defame us, our employees, agents, contractors, partners, affiliates or other individuals;
(g) inhibiting or interfering with other users’ enjoyment and use of the Website or Content;
(h) linking to the Website or Content in a way that damages or takes advantage of our reputation, including in a way to suggest or imply that you have any kind of association or affiliation with us, or approval and endorsement from us when there is none, or in a way that is illegal or unfair;
(i) causing us to breach any law, regulation, rule, code or other legal or cultural obligation;
(j) uploading or depositing files to the Website that consist of Malicious Computer Program;
(k) interfering with or circumventing security-related or other features of the Website, or tampering or hacking or in some other way disrupting any computer system, service, network, website, router or other device used to host the Website or make the Website available;
(l) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Website;
(m)

7.2 If we allow you to post any information or Content to the Website, we have the right to take down this information or Content at our sole discretion and without notice.

18.1 For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in these campaigns, promotions or contests, you need to agree to the applicable terms and conditions. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY
EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
YOU AGREE THAT NEITHER PHYSIOTHERPY INNOVATIONS NOR ANY PERSON OR COMPANY ASSOCIATED WITH US WILL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY.

19.1 To the maximum extent permitted by law, in no event will we (including us, our partners, affiliates, third-party suppliers or any officer, employee, contractor, agent, body corporate or successor) be liable for any direct or indirect loss, liability, costs, damages, charges or expenses – irrespective of the manner in which it occurs – which may be suffered as a result of:
(a) your use of the Website or Content and/or any other information or materials contained on the Website;
(b) the unavailability, inaccessibility or interruption of usage of the Website;
(c) the Website or Content being incorrect, incomplete or not up-to-date;
(d) the Website or Content being provided to you free-of-charge;
(e) any delay or failure in performance beyond our reasonable control;
(f) loss of data; or
(g) products not being sufficient for your purposes or not meeting your individual requirements.

19.2 To the maximum extent permitted by law, we are not responsible for any indirect, special or consequential liability to a customer or user (including legal fees) arising out of the provision or use of the Website, or Content, or our products or services.

19.3 To the extent we cannot exclude liability and to the fullest extent permitted by law, our aggregate liability for negligence, breach of contract or under any legislation is limited, at our discretion, to: (a) in the case of goods, any one or more of the following:
i.replacement of the goods or supply of equivalent goods;
ii.repair of the goods;
iii.payment of costs of replacing the goods or acquiring equivalent goods; or
iv.payment of costs of repairing goods; and
(b) in the case of services: i. supply of the services again; or
ii. payment of the cost of supplying the services again.

19.4 Nothing in these Terms excludes or limits your statutory rights as a consumer or our liability for:
(a) fraud;
(b) death or personal injury caused by our negligence;
(c) any breach of the obligations implied by law; or
(d) any other liability which cannot be excluded or limited by applicable law.

20.1You agree to indemnify and hold us, our partners, affiliates, third-party suppliers, licensors, related service providers and any officer, employee, contractor, agent, body corporate or successor, harmless from and against any and all actions, suits, claims, demands, liabilities, costs, expenses, loss and damages (actual, special or consequential) of every kind and nature, known and unknown, including reasonable legal fees on a full indemnity basis, incurred, suffered, due to or arising out of or in connection with:
(a) your use of the Website or Content;
(b)your breach of these Terms; or
(c) your breach of any law or the rights of a third party in connection with your access or use of the Website or Content.

21.1 Cookies are small files placed on your web browser that collect information about your web browsing behaviour. Use of cookies allows our Website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any personal information (e.g. name, address, email address or telephone number).

21.2 We use cookies to analyse trends, administer the Website, track user movements and to gather demographic information about our user base as a whole, including:
(a) analyse Website traffic and provide a better Website visitor experience;
(b)improve our performance by reporting any errors that occur;
(c) provide statistics about how the Website is used;
(d) remember settings that you use for the Website;
(e) identify and show that you are logged into the Website;
(f) link to social networks like Facebook and LinkedIn;
(g)provide more suitable ads tailored to you, including through third party services such as Google Adwords. These ads may appear on our Website or other websites you visit.

21.3 You agree that:
(a) we may store cookies on your devices; and
(b) we may issue and request cookies from your device to collect both personal and non-personal information.

21.4 Most web browsers automatically accept cookies, but you can choose to disable cookies by changing your browser settings if you do not agree to this cookies policy. However, this may prevent you from taking full advantage of our Website.

22.1 We reserve the right to rescind, suspend or terminate your access and use of the Website or the Content at any time without notice, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

22.2 If you breach any of these Terms, we may take appropriate action, including but not limited to: (a) issuing you with a warning notice;
(b) suspending your access to the Website;
(c) prohibiting or terminating your access to the Website.

22.3 These Terms automatically terminate if we cease to operate the Website.

22.4 Upon termination of these Terms, you must immediately cease using the Website and Content.

20.1 In the event of any dispute under these Terms, the parties agree to negotiate in good faith to resolve the dispute prior to bringing any court proceedings. Any dispute or difference whatsoever arising out of or in connection with these Terms which cannot be resolved by the parties will be submitted to mediation in accordance with, and subject to, The Resolution Institute’s Mediation Rules.

24.1 Entire Agreement: These Terms embody the whole agreement of the parties relating to the subject matter of these Terms and supersedes all previous agreements in respect of your usage of the Website and Content.

24.2 Amendment: We reserve the right to make changes to the Website, the Content and these Terms at any time without notice. All amendments will be posted on the Website. Continued use of the Website and Content will be deemed to constitute acceptance of the new Terms.

24.3 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any third-party.

24.4 No waiver: No waiver by us of any default of yours under these Terms will operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you will in any way release, discharge or otherwise affect your liability under these Terms.

24.5 Notices: Unless otherwise stated within these Terms, notices to be given will be in writing and delivered by electronic mail to the email address you supply to us or to us at our offices.

24.6 Third party rights: All provisions of these Terms apply equally to and are for the benefit of us, our partners, affiliates, third-party suppliers, related service providers, licensors, manufacturers and our and their officers, employees, contractors, agents, body corporates or successors, and each will have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).

24.7 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision will be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms will not be affected.

24.8 Governing law