Website Terms and Conditions

Welcome to the Therabubble™ website (www.therabubble.com) (the Website).

PLEASE ENSURE THAT YOU READ THESE WEBSITE TERMS AND CONDITIONS (“TERMS”) CAREFULLY AS THEY CONTROL THE WAY YOU CAN USE OUR WEBSITE.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 000 IMMEDIATELY.


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:

(a)text, contact details, documents, reports, papers, articles, comments;
(b)graphics, images, logos and photographs;
(c)sound files and music;
(d)other recordings, including video and live feed;
(e)software or code;
(f)Indigenous Cultural and Intellectual Property (ICIP);
(g)websites, social media, applications;
(h)links, posts, advertising, communications;
(i)other products or services.

‘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.


‘Intellectual Property (IP)’ means copyright, patents, registered and unregistered trade marks, registered designs, trade secrets and know-how, confidential information, all rights under any legislation relating to the protection of computer programs, circuit layouts and all other intellectual property as defined by Article 2 of the 'Convention Establishing the World Intellectual Property Organisation’ dated July 1967.

‘Malicious Computer Program’ means files that consist of malicious computer program, including programs that include viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information; that may cause damage to the Website, the Content, our property or the property of other individuals or organisations.

‘Third Party Material’ means Content, data, information, applications, services, websites and materials from, incorporating, linked or connected to third parties (including our partners, affiliates and related service providers)

2 Acceptance of Terms and Conditions

2.1 The Therabubble Website is owned and operated by Physiotherapy Innovations Pty Ltd ABN 58 168 075 474 (we, our or us). By accessing and/or using the Website, you agree to be bound by these Terms.

2.2 The use of the Website is entirely at your own risk. You must only use the Website in accordance with these Terms and any applicable law. You should immediately stop using the Website if you do not agree to these Terms.

2.3 These Terms also govern updates, upgrades and new and amended versions of the Website, unless such versions are accompanied by new terms for use, which will govern those versions.


3.Contact Us

3.1 You can contact us via the Website or by contacting:

Physiotherapy Innovations
PO Box 3469
Loganholme, QLD,
Australia, 4128
+61 405 082 195
care@therabubble.com

Business Hours
Monday to Friday 9am to 5pm Queensland, Australia time.
Closed Saturday, Sunday and Queensland Public Holidays.

4 Orders and Registration

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 Collection Notice

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 Accuracy and completeness of 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 Purchases

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 Delivery

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 Shipping

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 Cancellation

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).

11 Returns Policy

11.1 Due to the nature of our products, we do not accept returns or issue refunds if you change your mind or, subject to clause 11.2, if our products do not prove effective for your condition

11.2 We will accept returns of defective products within 30 days of you receiving the product. Please contact us as soon as possible so we can guide you through the returns process and help resolve the problem. You may be required to send us images of the damage, defect or fault for preliminary assessment.

11.3 If the product is confirmed to have a defect, you may request that we replace the product or refund you the full price of the product to your original payment method. If the product is found not to have a defect, no return will be accepted.

11.4 It does not constitute a defect if, in our reasonable opinion, the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, use or misuse, failure to use in accordance with instructions, using in an abnormal way or failure to take reasonable care.

therabubble.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 14 days days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of therabubble.com.au.

12 Discounts

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 Intellectual property rights

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 No commercial use

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 No commercial use

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 Third Party Material

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 Linked sites

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 Unacceptable activity

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)

posting or transmitting to the Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, blasphemous, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security;

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 Promotions and competitions

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.

19 Limitation of Liability

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 Indemnity

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 Cookies Policy

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 Breach and Termination

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 Dispute resolution

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 General

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

LINKS TO OTHER WEBSITES

therabubble.com.au 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 betweentherabubble.com.au and the owners of those websites. therabubble.com.au takes no responsibility for any of the content found on the linked websites.

therabubble.com.au’s website may contain information or advertisements provided by third parties for which therabubble.com.au accepts 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.

Australia

Therabubble product – ARTG ID 214611

DISCLAIMER: Always read the label of the Therabubble™ products you have purchased and ensure that you FOLLOW THE DIRECTIONS FOR USE.

All information included on the Therabubble™ website is intended solely for general informational purposes only. The information provided is not intended as medical or healthcare advice, or to be used to diagnose, cure, treat or prevent any type of disease or medical condition. Therabubble™ products should be used under the direction of a qualified health professional, who will advise whether Therabubble™ products are suitable for you.

Therabubble™ products are medical devices which promote respiratory therapy. IF SYMPTOMS PERSIST, TALK TO YOUR HEALTH PROFESSIONAL. We do not accept any liability for any injury, loss or damage caused by use of the Therabubble™ products or information provided on the Therabubble™ website.

Australia

DISCLAIMER: Physiotherapy Innovations does not provide medical advice. Always seek advice from your doctor, physiotherapist, or other health care professional before using the Therabubble™ products. Always read the label of the Therabubble™ products you have purchased. Federal law restricts this device to sale by or on the order of a physician.

All information included on the Therabubble™ website is intended solely for general informational purposes only. The information provided is not intended as medical or healthcare advice, or to be used to diagnose, cure, treat or prevent any type of disease or medical condition. The information provided on the Therabubble™ website is not intended to replace medical advice provided by qualified physicians or healthcare professionals.

Your reliance on any information provided on the Therabubble™ website is solely at your own risk and Physiotherapy Innovations assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based on use of the Therabubble™ products, or the information or materials on the Therabubble™ website.

Website Privacy Policys

Welcome to the Therabubble™ website (www.therabubble.com) (the Website). We are committed to protecting our customers’ privacy and security.

PLEASE ENSURE THAT YOU READ THIS THERABUBBLE WEBSITE PRIVACY POLICY (“PRIVACY POLICY”) CAREFULLY AS IT APPLIES TO ALL PERSONAL INFORMATION COLLECTED BY US IN RELATION TO YOUR INTERACTION WITH THE THERABUBBLE WEBSITE.

Certain terms in this Privacy Policy start with capital letters. Unless the context provides otherwise, those words have the meaning given to them in the body of this Privacy Policy.

1 Acceptance of this Privacy Policy

1.1 The Website is owned and operated by Physiotherapy Innovations Pty Ltd ABN 58 168 075 474 (we, our or us). We are committed to respecting your privacy in your interactions with the Website and collection of your personal information is in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles therein.

1.2 By accessing and/or using the Website, you agree to accept this Privacy Policy and the Therabubble Website Terms and Conditions (Terms), and agree that you have had sufficient opportunity to read and understand them (see the Website for more details).

1.3 By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy. If you do not agree to this Privacy Policy or the Terms, you must cease using the Website immediately.

1.4 We may update this Privacy Policy from time to time by publishing changes to it on the Website. It is recommended that you check the Website periodically to ensure that you are aware of our current Privacy Policy.

1.5 For the purposes of this Privacy Policy, “Personal information” means information about an identified individual, or an individual who is reasonably identifiable. For example, this may include your name, age, date of birth, gender, contact details and postcode. It may also include financial information, including your credit card information, or a photograph of you. Personal information does not include anonymous, aggregated or de-identified information or information about companies which does not identify individuals.

2 Personal information we collect

2.1 We collect personal information only where it is reasonably necessary to deliver the Website and our products and services to you or otherwise conduct the activities of Physiotherapy Innovations. We may collect the following types of personal information from you:

  • Personal details such as your name, address, email, mobile and telephone number;
  • Historical records of your communications and interaction with us and the Website;
  • Information relating to you that you provide to us directly or indirectly through your contact with us or your use of the Website;
  • Details or history of preferences, interests and behaviour in relation to communications, interactions, services and activities on the Website;
  • Your IP address, web log and related domain, browser, computer and connection information, device ID, device type, geo-location information;
  • Statistics on your page views of the Website and the sites you were visiting before you came to the Website, traffic to and from and within the Website, and ad data.

3 Cookies Policy

3.1 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).

3.2 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.

3.3 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.

3.4 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.

4 How we collect personal information

4.1 We may collect personal information from you in a variety of ways including:

  • Directly from you, including when you:
    (a) Browse or interact with the Website;
    (b)Save an item or make a purchase from us;
    (c) Register an account or log into the Website (if possible);
    (d) Contact us, either about an order or for any other reason;
    (e) Click on our site banners, hyperlinks or plugins;
    (f) Interact with us in postal, phone, email, electronic, mobile application or social media correspondence;
    (g) Complete forms, surveys, questionnaires or competition entries for us;
    (h)Request information from us or have a conversation with our staff;
    (i) Are online (see our Cookies Policy above);
  • From third parties such as our related service providers; and
  • From publicly available sources of information.

5.2 We may use your personal information for different purposes, including:

  • to provide you with products and services;
  • to communicate with you, including about the Website, our products and services, special offers, and information which might interest you;
  • to answer your requests, questions and complaints, and provide you with information;
  • to enable your access, interaction and use of the Website;
  • to create orders, transaction records, accounts, tax invoices and receipts;
  • to gain an understanding of your information to develop, operate or improve the Website, and/or our products and services;
  • to improve your experience and interaction with us or the Website, including performing analytics, conducting research and for marketing and advertising;
  • to provide you with better customer services;
  • to carry out administration, marketing, planning, fraud and loss prevention activities, procurement, product and service development, quality control and research to improve the way we and our related service providers provide products and services to you;
  • to administer forms, surveys, questionnaires, and promote and market products, services or other promotional information, activities or events;
  • to comply with laws and regulations or to comply with any directions given by regulators or authorities.

6 When we disclose personal information

6.1 We do not routinely disclose personal information to third-parties, but may disclose your personal information where:

  • you have given your consent;
  • the use or disclosure is directly related to the primary purpose of collection, for example, it is necessary to provide you with information you have requested about a product;
  • the use or disclosure is for secondary purposes that you would reasonably expect and is related (or in the case of sensitive information, directly related) to the primary purpose of collection;
  • it is necessary for maintenance of or is related to your order or account with us;
  • it will assist us in providing products or services you have requested;
  • we wish to conduct market research and marketing strategy analysis;
  • it is necessary to manage or develop the Website, our business and corporate strategies and functions;
  • it is a requirement of our funders, partners or service providers to fulfil their services to us, in which case only basic personal information will be shared to the extent necessary;
  • the use or disclosure is or otherwise required or permitted by law, regulations or professional standards.

6.2 We may also share non-personal, de-identified and aggregated information for research or promotional purposes, or to administer and improve the Website, our products and services.

7 Who we disclose personal information to

7.1 We may disclose personal information for the purposes described in this Privacy Policy to:

  • our officers, employees, contractors, agents and related bodies corporate;
  • third party suppliers and related service providers, including providers for the operation of the Website, our business or in connection with providing or marketing our products and services to you;
  • payment system operators (e.g. PayPal and Afterpay);
  • our partners or affiliates;
  • specific third parties authorised by you to receive information held by us;
  • specific third parties authorised by you to receive information held by us;

7.2 The Website is housed in Australia. However, we may disclose personal information outside of Australia, including to third party suppliers and related service providers located in places such as the United States of America, the United Kingdom and other countries or jurisdictions depending on the nature of the services those recipients provide to us (for example, storing data via a cloud service or using overseas marking services such as Mail Chimp or similar).

7.3 We will take all reasonable steps to ensure that any overseas recipient deals with your personal information in a way that is consistent with Australia’s privacy laws.

8 Direct marketing

8.1 We and our related service providers, partners and affiliates may send you direct marketing communications and information about the Website or our products and services. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth).

8.2 You may elect not to receive marketing materials from us by contacting us or using the opt-out facilities provided (e.g. an unsubscribe link).

9 Links

9.1 The Website contains links to products and services; websites, applications and embedded content owned and operated by our related service providers and other third parties that may not be governed by this Privacy Policy or the Privacy Act 1988 (Cth)

9.2 We in no way endorse those linked sites or content and are in no way responsible for the privacy practices or policies of, or any content on, those sites.

9.3 We recommend you review the privacy policy of each third-party site you choose to link to from the Website to determine their use of any data collected from you, especially if you intend to disclose any personal information via that site.

9 Links

9.1 The Website contains links to products and services; websites, applications and embedded content owned and operated by our related service providers and other third parties that may not be governed by this Privacy Policy or the Privacy Act 1988 (Cth)

9.2 We in no way endorse those linked sites or content and are in no way responsible for the privacy practices or policies of, or any content on, those sites.

9.3 We recommend you review the privacy policy of each third-party site you choose to link to from the Website to determine their use of any data collected from you, especially if you intend to disclose any personal information via that site.

10 Security and Accuracy

10.1 We will take such steps as are reasonable in the circumstances:

  • to protect your personal information however held, from misuse, interference and loss, as well as unauthorised access, modification or disclosure;
  • to ensure personal information we collect, use or disclose is accurate, up-to-date and complete for the purpose for which it is collected, but make no warranties about the accuracy of personal information.

11 Access and corrections of personal information

11.1 You may ask us in writing to provide you with details of the personal information we have collected and which is held by us. We will provide you with this information where reasonable and practicable to do so, and in accordance with Australian or other relevant privacy laws.

11.2 You may request correction to the personal information we hold about you. We will take such steps as are reasonable in the circumstances to correct your personal information as requested to ensure it is accurate, up-to-date and complete.

12 European Union General Data Protection Regulation Terms

12.1 If you are a European resident, Physiotherapy Innovations may be subject to the General Data Protection Regulation[1] (GDPR) and we commit to the use and processing of your data in accordance with this clause 12.

12.2 For the purposes of this clause, Physiotherapy Innovations is a processor of any information relating to an identified or identifiable natural person (personal data), and our third-party service providers act as sub-processors of personal data.

12.3 You have the right to access personal information about you held by us. You may also ask that your personal information be corrected, updated or deleted. If you would like to exercise this right, please contact us through the contact information below.

12.4 We make the following commitments to the protection of your personal data in line with the GDPR:

  • we will not engage another processor of your personal data without your prior specific or general written authorisation;
  • we will inform you of any intended changes to this policy concerning the processing of your personal data under this clause 12 before they are made in the form of publication on our website so that you may object to such changes;
  • we will ensure that all persons authorised to process your personal data, for example our employees, are under an appropriate obligation of confidentiality;
  • we will implement appropriate technical and organisational measures to ensure a level of security of your personal data appropriate to the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed; and
  • we will notify you without undue delay and where reasonably possible if we, or our third-party service providers become aware of a personal data breach.

13 Making a complaint about breach of privacy

13.1 If you think we have breached the Privacy Act 1988 (Cth) or you wish to make a complaint about the way we have handled your personal information, you can contact us by using the details set out in the ‘Contact Use’ section below. Please include your name, email address and telephone number and clearly describe your complaint. We will ensure that complaints regarding alleged breaches of privacy are investigated swiftly.

13.2 If you would like further information about privacy and the protection of your personal information, or if you feel we have not resolved your complaint satisfactorily, you can contact the Office of the Australian Information Commissioner at www.oaic.gov.au.

15 Contact Us

15.1For further information about our Privacy Policy, or to access or correct your personal information, or to make a complaint, please contact us via our Website or contact:

Physiotherapy Innovations
PO Box 3469
Loganholme, QLD,
Australia, 4128
+61 405 082 195
care@therabubble.com

Business Hours
Monday to Friday 9am to 5pm Queensland, Australia time.
Closed Saturday, Sunday and Queensland Public Holidays.

14 Governing law and data storage

14.1 The handling of personal information is in accordance with the Australian Privacy Act 1988 (Cth). Your use of the Website is governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.

14.2 You should be aware that when you submit your personal information to Physiotherapy Innovations through the Website, your information will be deemed sent to Physiotherapy Innovations from Australia. Therefore, your information may be stored in a country that has different privacy laws than your home country and that your information will be handled in accordance with the laws of the Australia.

14.3 Some of the web pages on the Website are targeted towards countries other than Australia and are intended for visitors from those countries. If you are a resident of a country other than Australia and you give Physiotherapy Innovations personal information through a web page targeted towards your country of residence, that information will be stored and used in accordance with the laws of Australia, which is where the web page is maintained.

14.4 By providing any personal information to Physiotherapy Innovations through the Website, web pages or otherwise, all users, including without limitation users in the United States of America and the member states of the United Kingdom, fully understand and unambiguously consent to the submission, collection and processing of such information in Australia.