We agree to provide the Podiatry or health-related services including any assessment, diagnosis, advice or treatment program (“Podiaty Services” or “Online Podiatry Service”) to you in return for a fee subject to the terms set out in these Terms and Conditions of Purchase which forms the agreement between you and us. These Terms and Conditions of Purchase includes the entire understanding between you and Us and replace any previous arrangements We may have had with you unless specifically stated otherwise. Except for those terms implied by law, which cannot be excluded and any other terms specifically incorporated by reference – no other terms apply. Please do not use our services if you do not agree to these Terms and Conditions of Purchase.
You indicate that you consent to these Terms and Conditions of Purchase in full by purchasing any Podiatry Services from the Website.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS OF PURCHASE YOU SHOULD NOT PURCHASE OUR SERVICES.
Please note that We alter these Terms and Conditions of Purchase from time to time, and you must review this document before each purchase. This document was last changed on 31 May 2016..
By accessing the web site at http://acepodiatry.com.au, you are agreeing to be bound by these web site Terms and Conditions 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 web site are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on ACE Podiatry’s web site 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:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on ACE Podiatry’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by ACE Podiatry 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.
- The materials on ACE Podiatry’s web site are provided “as is”. ACE Podiatry 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, ACE Podiatry does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall ACE Podiatry or its suppliers 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 ACE Podiatry’s Internet site, even if ACE Podiatry or a ACE Podiatry authorized representative 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 ACE Podiatry’s web site could include technical, typographical, or photographic errors. ACE Podiatry does not warrant that any of the materials on its web site are accurate, complete, or current. ACE Podiatry may make changes to the materials contained on its web site at any time without notice. ACE Podiatry does not, however, make any commitment to update the materials.
ACE Podiatry has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ACE Podiatry of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to ACE Podiatry’s web site shall be governed by the laws of Australia without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
10. Clients under 18 years of age
We require written consent from your parent or legal guardian if you are younger than 16 years of age who must also agree to be bound by these Terms & Conditions of Purchase Agreement. They must further provide proper supervision in relation to the provision of information to Us and provide proper supervision in relation to your use of the Online Podiatry Service. All written communication with patients under the age of 16 will be via their parent or guardian’s email address.
11. Purpose and nature of the Online Podiatry Services
You acknowledge that –
- no online service is a perfect substitute for an “in person” consultation with a podiatrist;
- and as with “in person” consultations, we are unable to guarantee that our treatments will result in a cure of your particular complaint or condition. We recommend treatments that We believe are likely (based upon our experience and training) to be effective, but We cannot guarantee results.
12. Suitability of Our Podiatry Services
13. Provision of information by you
The quality and success of the Online Podiatry Services is reliant upon the information that you provide to Us. In this regard, you agree to provide Us with:
- accurate and complete information in response to Our online questionnaires and any follow up questions which We may ask of you either in writing or via a video conversation on the Internet; and
- any information which could reasonably be expected to be relevant to your condition or treatment.
14. Provision of Online Podiatry Services by Us
We will use our best efforts to contact you within one business day of receiving your initial evaluation form and payment to arrange a time to complete your full evaluation. We agree to provide you with a written document containing your treatment or other requested information via email within five business day of completing your full evaluation unless agreed otherwise.
15. Using Our Physiotherapy Services
Do not implement Our treatment program or act on any advice unless you fully understand it. Ask any questions before implementing the treatment program or advice provided by Us.
The slogan ‘No pain, no gain’ DOES NOT APPLY to any treatment program or advice provided by Us. You must immediately stop using our treatment program and stop acting on any advice given by Us if you experience any pain or discomfort and contact Us as soon as possible.
You must not provide Our treatment program to any other person. We assume no duty of care in relation to any third party.
We will not be liable for any loss or damage (in contract negligence or otherwise) where:
- there is no breach of a legal duty of care owed to you by Us;
- the loss or damage is not a reasonably foreseeable result of any such breach; or
- any loss or damage or increased risk of loss or damage results from a breach or non-compliance by you of Our terms including but not limited to these Terms and Conditions of Purchase such as you providing inaccurate or incomplete information.
In particular, We are not liable for:
- any loss of your emotional well-being including, but not limited to, any embarrassment caused;
- any loss of income or anticipated profits;
- any loss of opportunity;
- loss of goodwill or injury to reputation;
- losses suffered by third parties; or
- any indirect, consequential, special or exemplary damages arising from the use of the Online Podiatry Service, regardless of the form of action.
To the extent that We are not able to exclude Our liability to You in accordance with the applicable law, We limit our liability to the re-performance of the relevant Online Podiatry Services, or a full refund unless We specifically agree with you otherwise.
Nothing in these Terms and Conditions of Purchase excludes or limits Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation. Nothing in these Terms and Conditions affects Your statutory rights.
17. Use of the Online Podiatry Service outside of the Australia
We make no claims or representations that the Online Podiatry Services may be lawfully used outside the Australia. Unless otherwise expressly stated or agreed, the Online Podiatry services is directed solely at patients who receive the Online Podiatry Services from within the Australia. If you choose to access or use the Online Podiatry Services from outside of the Australia, you do so at your own risk.
Please note that We are currently unable to treat residents from United kingdom, Canada and the USA due to insurance limitations.
18. Specifications (what you will need)
You agree to have the following in place to enable us to provide you with Online Podiatry Services:
- good working Internet connection;
- necessary microphone / headphones / camera or similar equipment;
- Skype application unless We have agreed with you to use a different application or platform.
We do not accept any liability in the event that you are unable to comply with the Specifications set out above.