TERMS OF USE

These terms and conditions apply to the use of this website, Mr.Physio. The website, and Online Content will be collectively referred to in these terms and conditions as “the Services”. In using the Services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using the Services. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Services.

During your membership, subject to these Terms, Mr.Physio grants you a limited, non-commercial, non-exclusive, non-transferable, revocable license to access the Services for your personal use, through a generally available web browser or through a mobile computing device (“Mobile Device”), to view information on those areas of the Services generally available to all users and those areas of the Services for which you have registered. Mr.Physio reserves all rights not expressly granted herein in the Services. Mr.Physio may terminate this license at any time for any reason or no reason.

DEFINITIONS

“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act;

“Consumer” is as defined by the ACL;

“Contract” means any contract for the provision of any online content in the website or Services provided by Mr.Physio to you;

“Online” means, for the purposes of these terms and conditions, being connected to the internet, whether by laptop, desktop, tablet or mobile device;

“Online Content” means the online content provided by Mr.Physio to You, including but not limited to the consumer Exercise content; ability to post comments; access various commentaries and writing; access other user generated content including text, photographs, images, graphics, videos and audio content offered and administered by Mr.Physio via the Site;

“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;

“Member Information” has the same meaning as in clause 5 of these Site Terms;

“Services” means the online courses, content and programs purchased via the site and all means that allow you to access the Online Content, Site and Program;

“Site” means the website mrphysio.net;

”Site Terms” means these terms and conditions;

“Social Networking Services” means Facebook and any other Social Networking Service used in member account creation, login, or in relation to the provision of the Services.

“You” means the person, jointly and severally if more than one, using the Site or acquiring the Services or Online Exercise Program from Mr.Physio.

APPLICATION OF TERMS OF USE

1. The Services are owned and operated by Mr.Physio.

2. Through this Site:

· 2.1 you can register as a member;

· 2.2 purchase access to the Online Exercise Program; and

· 2.3 access the Online Content, subject to being eligible.

3. Mr.Physio may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on this Site and notification being provided to you such as via an EDM. Your continued use of the Services after any amendment becomes effective and is notified to you will constitute your agreement to be bound by these Terms of Use, as amended.

4. Mr.Physio reserves the right to vary or modify the information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.

MEMBERSHIP AND MEMBER INFORMATION

5. You may be prompted to register for access to the Services on this Site and to submit certain information in order to fully utilise the Online Exercise Program provided (Member Information). The Member Information may include, but is not limited to, your name, contact details and credit card details.

6. Upon becoming a member, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on this Site which occur under your login and password.

7. You will be able to access and modify your membership details from the Site.

8. Membership is non-transferable.

9. Mr.Physio may terminate your membership at any time by notice to You. You may terminate your Website membership by cancelling within your ’Settings’ page at least 24 hours before the date when your next payment is due (written notice via email is not sufficient).

10. You are responsible for the content of all Member Information entered on this Site. All Member Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Member Information.

11. You must indemnify Mr.Physio for any losses, costs, expenses or damages that Mr.Physio may suffer or incur if any if the Member Information provided by you is not correct.

12. Mr.Physio will not send unsolicited emails and works hard to ensure email best practices are adhered to. You are responsible to ensure that content emailed to you from Mr.Physio isn’t collected in your own Junk or Spam filters and we cannot be held accountable for a loss of communication if this is the case. You can unsubscribe from email communications from Mr.Physio at any time.

PAYMENT TERMS

Billing Cycle

13. Memberships, which provide you with access to services, are billed on a periodic basis as specified at the time of purchase (e.g., monthly, quarterly, or yearly). Your Membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement. If membership is cancelled or terminated before the end of the applicable billing cycle, Mr.Physio will not reimburse the Member for the remainder of that paid month. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to avoid additional membership charges.

14. Pricing for Membership Subscriptions. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Mr.Physio later increases the price of the subscription, Mr.Physio will notify you via email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.

15. Free Trial for Membership to Classes. We require that you provide a valid credit or debit card (“Payment Source“) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial“). Mr.Physio will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. Mr.Physio reserves the right to terminate any account that is using or trying to use more than one Free Trial. Because the Mr.Physio service is offered in multiple time zones, for consistency, a “day“ for purposes of this Agreement begins at 12:00am Pacific Time and ends at 11:59p., Pacific Time of that same calendar day. It is very important to understand that you will not receive a notice from Mr.Physio that your Free Trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight Pacific Time on the last day of your Free Trial period.

16. You authorise Mr.Physio to collect/deduct payment immediately upon signup and thereafter on an automatic monthly , quarterly or annual basis.

17. If payment fails on the monthly, quarterly or annual billing date, payment will be put through on the evening following the monthly billing date, and if payment fails on the second attempt, payment will be put through on the second evening following the monthly billing date, and if payment fails on the third attempt, subscription will be cancelled (but all outstanding fees will continue to be owed).

18. The recurring payment is not a contract. Members can cancel the recurring payment by cancelling before the date when their next payment is due.

19. Unless you cancel your membership at least 24 hours before your monthly, quarterly or annual billing date, you authorise Mr.Physio to charge your next month’s, quarter’s or annual membership fee to your chosen payment method.

PRIVACY

20. Mr.Physio may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to Mr.Physio’s Online Privacy Policy. Your continued use of the Site and your provision of your personal information constitutes your approval for Mr.Physio to deal with your personal information

SECURITY OF INFORMATION

21. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any Member Information which you transmit to us. Accordingly, any Member Information which you transmit to us is transmitted at your own risk.

22. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such Member Information. You agree that you when you share your password or let your friends or family members access your account, you are doing so at your own risk.

23. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this Site.

LINKS TO OTHER SITES

24. You may be able, through hypertext or other computer links, to gain access to other sites operated either by Mr.Physio, its affiliates or other third parties (Linked Sites) from time to time. Unless otherwise specified, the Linked Sites are not under Mr.Physio’s control. The Linked Sites may have different terms and conditions and privacy requirements. Unless otherwise specified, Mr.Physio is not responsible for the content of any Linked Sites, or any changes or updates to such sites. Mr.Physio provides these links for your convenience only. You link to any such Linked Sites at your own risk. Mr.Physio is not a party to any transaction between you and a Linked Site. Unless specified, Mr.Physio does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

DISCLAIMER (USE OF THE SITE)

25. Mr.Physio does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site or that it is suitable for your intended use. The Information is provided by Mr.Physio in good faith on an “as is” basis without warranty of any kind.

26. Mr.Physio does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.

27. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.

28. Mr.Physio makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.

29. Mr.Physio recommends that you consult with a medical practitioner or other provider if you have concerns in relation to the Information. The information provided on this Site is not intended as or to substitute for medical advice from a medical practitioner or other certified health care provider.

LIMITATION OF LIABILITY (USE OF THE SITE)

30. Mr.Physio will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site. Under no circumstances will Mr.Physio be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Site results in the need for servicing or replacing of equipment, Mr.Physio will not be liable for those costs.

31. Where liability cannot be excluded, any liability incurred by Mr.Physio is limited to the re-supply of the Information on the Site or the App or the reasonable costs of having the Information re-supplied.

32. Mr.Physio cannot guarantee device compatibility with the website, or smooth running of the website on the member’s wireless carrier.

THIRD PARTY MATERIAL

33. Certain Information may include material from third parties.

34. You agree that Mr.Physio is not responsible for examining or evaluating the content or accuracy of the third party material and Mr.Physio does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.

35. You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that Mr.Physio is not in any way responsible for any such use by you.

INTELLECTUAL PROPERTY (SITE)

37. You acknowledge and agree that all content, coding, graphics, and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of Mr.Physio or third party suppliers as the case may be.

38. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Mr.Physio’s prior written consent. However, you may download and print these Site Terms and the Online Privacy Policy for your personal non-commercial use.

39. All trade marks and trade names which appear on this Site are proprietary to Mr.Physio and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

CLAIMS OF COPYRIGHT INFRINGEMENT AND LICENSED APPLICATION COMPLAINTS

40. Mr.Physio takes responsibility for investigating any claims of IP infringement. Should you have any questions, claims or complaints surrounding potential IP infringement by Mr.Physio or individuals, groups or companies interacting with the Services, you can notify us at [email protected]

SPAM

41. The publication of Mr.Physio’s email addresses on this Site is to facilitate communications relating to the Services supplied by Mr.Physio. It must not be inferred as consent by Mr.Physio to receive unsolicited commercial electronic messages

MEMBER SUBMISSIONS / User Generated Content

42. From time to time, you may be able to post reviews and/or comments regarding the features of this Site or Services. You irrevocably grant to Mr.Physio a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of Mr.Physio all moral rights in any jurisdiction.

43. You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify Mr.Physio for any losses, costs, expenses or damages that Mr.Physio may suffer or incur as a result.

44. Mr.Physio reserves the right, but not the obligation, to review, edit or delete any Member Submissions that Mr.Physio deems to be illegal, offensive or otherwise inappropriate.

BASIS OF CONTRACT AND PURCHASING SERVICES

45. These Site Terms apply exclusively to every Contract.

46. Any quotation, displayed price, order list or order confirmation provided by Mr.Physio to you for the proposed Services is an invitation to treat only, and is subject to you placing an order which is your offer to enter into a Contract with Mr.Physio on these Site Terms.

47. A Contract is formed when Mr.Physio confirms acceptance of your order and receipt of your payment.

48. You must not purchase the Services for the purpose of re-supply.

49. Mr.Physio in its absolute discretion may refuse to accept any order from you.

PRICING AND PAYMENT FOR ONLINE SERVICES

50. You agree to pay for Services in the manner specified in these Terms and on the Site.

51. Prices displayed for the supply of Services include GST, and any other taxes or duties imposed on or in relation to the Online Exercise Program.

52. Payment for the Services must be made by credit card immediately prior to confirmation of your order. You will not be able to access the Services until payment is received.

DELIVERY OF SERVICES

53. Mr.Physio will make Services available for access from the Site.

54. Any period or date for the access of the Services stated by Mr.Physio is an estimate only and not a contractual commitment.

55. Mr. Physio will use its reasonable endeavours to meet any estimated dates for access to the Services but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.

CANCELLATIONS AND REFUNDS

56. If Mr.Physio is unable to deliver or provide the Services, then it may cancel your order (even if it has been accepted) by notice to you. In such circumstances, Mr.Physio will refund to you the purchase price.

57. No purported cancellation or suspension of an order or any part of it by you is binding on Mr.Physio once the order has been accepted and payment confirmed.

58. You are legally entitled to a refund (or replacement, exchange or credit note) in limited circumstances. Please retain your online payment confirmation or credit card statement as proof of purchase for these situations.

59. Mr.Physio will not otherwise provide any refunds so choose carefully.

*We do not provide refunds should you change your mind after purchase.*

TERMINATION OF ACCESS

60. Access to this Site may be terminated at any time by us without notice.

USE OF ONLINE WEBSITE CONTENT & SERVICES

61. You acknowledge and agree that all online content and Services throughout the website is protected by copyright or other intellectual property rights and laws and remain the property of Mr.Physio or third party suppliers as the case may be.

62. Other than as required to use the Services for your personal enjoyment and improvement, you may not and may not authorise any third person to:

(a) copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the Services;

(b) modify or make any alterations, additions or amendments to any part of the Services;

(d) convert the Services into an electronic format other than the one in which it was supplied;

(e) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Services or reproduce all or any portion of the said components;

(f) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.

63. Regardless of whether the Services include security technology that limits your use of the Services, you must comply with these provisions or you may infringe copyright.

DISCLAIMER (USE OF THE SERVICES)

Personal Injury Disclaimer

64. Mr.Physio does not warrant or represent that the Services are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.

65. Physical exercise, in all of its forms and with or without the use of equipment such as massage balls, bands or any other equipment that may be suggested by Mr.Physio is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Service. Mr.Physio is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Mr.Physio videos. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.

By using the Service, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from Mr.Physio, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time Mr.Physio may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Mr.Physio, or any person or entity involved with Mr.Physio, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

66. Services may include material from third party authors or suppliers.

67. You agree that Mr.Physio is not responsible for examining or evaluating the content or accuracy of the third party material and Mr.Physio does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.

68. Mr.Physio, its authors or its suppliers may make changes to Services at any time in their sole discretion without notice or liability.

69. Mr.Physio reserves the right to suspend, remove, or disable access to Services at any time without notice or liability.

LIABILITY (ONLINE EXERCISE PROGRAM AND SERVICES)

70. Except as the Site Terms or Exam Terms specifically state, or as contained in any express warranty provided in relation to the Services, the agreement between you and Mr.Physio does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Services or any contractual remedy for their failure.

71. If you are a consumer, nothing in the Site Terms restricts limits or modifies your rights or remedies against Mr.Physio for failure of a statutory guarantee under the ACL.

72. Nothing in the Site Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.

73. You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Mr.Physio in relation to the Services or their use or application.

MISCELLANEOUS

74. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.

75. Mr.Physio’s failure to enforce any of these Site Terms shall not be construed as a waiver of any of Mr.Physio’s rights.

76. If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Site Terms without affecting the enforceability of the remaining terms.

77. A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.

LICENSED APPLICATION – ACKNOWLEDGMENT

78. These Terms and the license granted herein are between Mr.Physio and You.

79. You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Terms of Use

1. Terms

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.

6. Links

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

8. Governing Law

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.