TERMS

The End Physio and Pilates Physiomoves websites at https://end physio.com, https://end physio.com.au and www.pilatesphysiomoves.com.au and related mobile applications (together, the Website) are owned and operated by Emma Najman (ABN 29 185 393 646) of 325 Boundary Street, West End, Qld 4101 (End Physio, Pilates Physiomoves, we, us, our).

These terms apply to the use of the Website, including the use of the information services provided through the Website. You may also be required to accept additional end-user licence terms to use related mobile applications.

End Physio and Pilates Physiomoves offers various membership programs with different durations, fees and conditions:

Bookings and payment are required prior to class attendance.

Prepaid packages are non-transferable and non-refundable.

10 packs have a 3 month expiry from the date of your first session.

24 hours notice of cancellation is required for all sessions booked or full fee is charged.

On payment for an initial consultation or class I will be in contact within 24 hours M-F with you to organise your initial consultation or class to get you started on your health & fitness journey.

Prior assessment and program development, followed by at least one private session are required prior to studiomoves class attendance.

Assessment is required prior to any class attendance requiring a health fund rebate.

Once 12 week online program payment is received I will be in contact within 24 hours M-F with your screening questionnaire & survey for you to complete.

On receipt of the responses your exercise program will be sent via email within 48 hours (M-F), for you to click the link to download your exercise app onto your phone to get started on your health & fitness journey with me.

The 12 week online health and fitness program commences on the first day you receive your exercise program online and expires on day 7 of the 12th week of the program.

After completion of the 12 week program option 1  is to commence a follow on 12 week program with progression of your current program and advice and support for another 12 weeks with payment due prior to commencement.

Option 2 is a continuation of your 12 week completed program at a monthly rate charged in advance each month allowing you continued access to the exercise program designed for you but without access to education sessions, progressions or modifications. If payment is not made in advance prior to commencement of the month your program will be made unavailable.

Access code, email and exercise program is specific to you and not to be shared or used by another person.

 

We expect that we will use a Stripe payment gateway or a similar service. You agree that we will not be held liable for any loss you incur arising from your use of any payment method unless caused by our fraud. End Physio and Pilates Physiomoves will not be responsible for any dishonour fees or other actions of your payment provider. We reserve the right to suspend or terminate your package if payment has not been received.

Our fees are in AUD.

When purchasing from End Physio and Pilates Physiomoves your financial details are passed through a secure server using the latest 256-bit SSL (secure sockets layer) encryption technology. If you have any questions regarding our security policy, please contact support at emma@najman,com.au.

To the extent permitted by law, including subject to any rights you may have under the Australian Consumer Law:

all fees are non-refundable unless:

during the period in which you have paid for access to our information service, the service is not available. In this circumstance, a pro rata refund may be granted upon written request by email at emma@najman,com,au, however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means, online or email.

You provide us with evidence of extenuating circumstances which prevent you from participating in your program (which may include illness or compassionate circumstances), and we decide to issue you with a refund in our sole discretion;

You must bear any expenses that you may incur in connection with your request for such a refund. Upon receipt of a refund of your payment with us  we will cancel your program.

All fees are non-cancellable and non-refundable except as expressly set out in these terms and conditions.

 

As with any physical activity, it is important that before beginning any fitness regime, you consult with your doctor to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

 

All information provided by us on the Website is provided in good faith. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.

We provide health and fitness information for educational purposes. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by End Physio or Pilates Physiomoves.

 

You require a moderate level of fitness to follow the exercise programs and the like set out in our information service. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with a doctor before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a doctor before acting on any information or material made available to you through our Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a doctor. In particular, if you fall within one of the following classes of persons, then you should first consult a doctor before following any exercise programs or using any of the information on the Website:

•         pregnant women and women who are breastfeeding;

•         persons with any on going physical condition such as:

•         persons suffering from cancer or other long term illness;

•         persons with liver disease, kidney disease, or renal failure,

•         persons with eating disorders;

•         persons with diabetes, blood pressure or cholesterol issues;

•         elderly persons;

•         persons recovering from or recently recovered from illness or injury; and

•         persons with a low body mass index.

Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our online service does not include any supervision of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any "recreational services" or "recreational activities" (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities.

 

By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.

 

We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an "as-is" and "as-available" basis. Receipt of emails, or other Internet based communications such as via Face book from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.

You may be entitled to a refund in limited circumstances.

 

No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

 

All implied guarantees, warranties and conditions of any kind in connection with the website and its contents or our services are expressly disclaimed. Some laws imply terms and conditions into agreements such as these terms and conditions that cannot be excluded. If we breach a non-excludable term or condition, we will be liable for that breach. However, if we are allowed to limit our liability for that breach under the relevant law, our liability will be limited to if the breach relates to services, re-supplying, those services

 

To the extent permitted by law, and without limiting any non-excludable consumer rights you may have, in no event will we be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

 

To the extent permitted by law, our total liability in respect of all claims in connection with these terms and conditions (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under these terms and conditions up until and including the date the cause of action accrued.

The limitations of liability set out in these terms and conditions do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

 

You agree to indemnify us from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of:

(a) your breach of these terms and conditions;

(b) your use of, or access to the Website; and

(c) any failure to comply with any law,

except that you are not required to indemnify us for any losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred to the extent that they were was caused or contributed to by any negligent or wilful act or omission by us.

 

Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, exercise programs, text, graphics, logos, icons, sound recordings, video and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.

All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

No part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

Publishing or posting any of the content (such as exercise programs) on any other website, including on social media pages or websites.

 

You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there are material changes to these Terms and Conditions that could adversely affect you, we will seek to provide you additional notice to you by way of the email address you have provided to us. Without limiting our right to give notice by any other means, you will be deemed to have received notice of such changes when we place a notice on the Website setting out the changes.

If you do not agree with the changes, then prior to you accessing your account you may notify us by email emma@najman.com.au requesting a pro-rata refund. Where the proposed changes have more than a minor detrimental effect on your circumstances (in our reasonable opinion), we will refund a percentage of your subscription fee calculated by reference to the amount of time remaining on your program.

In registering for a program you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.

In addition to any reasons that we may separately notify to you at the time of collection, we collect, use and disclose your personal information for the reasons set out in our Privacy Policy.

Unless you ask us not to, we may also use your personal information to send updated information and other promotional material to you.

You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in our Privacy Policy.

Our Privacy Policy can be viewed in full here at http://www.endphysio.com/privacy. The Privacy Policy document contains information about how you may access personal information that we hold about you, and how you may complain about a breach of the privacy laws, and how we will deal with such a complaint.

 

End Physio and Pilates Physiomoves may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason, subject to a valid pro-rata refund of fees.

If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.

These terms are governed by the laws in force in Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.

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Call :   07 3844 4998       

Address: Boundary Steet, West End, Qld Australia 

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©2020 by End Physio & Pilates Physiomoves