Last updated on 11 May 2020

Where your health and wellbeing are the core of all that we do

PATIENT TERMS & CONDITIONS

FOR ONLINE PHYSIOTHERAPY SERVICES

Welcome to Central Baldivis Physiotherapy online!

Whether you’re an existing patient who is partially or fully transitioning to our Online Treatment, or you’re a new patient starting with an online assessment, we’re glad that you’re here and look forward to working with you.

Before you engage us to provide Online Treatment, please carefully read these Terms, particularly our process flowchart on the following page.

By clicking “accept” to these Terms, or otherwise engaging us to provide the Online Treatment, you agree to be bound by these Terms.

Please note we are not a Medical General Practice or Hospital. If you’re having a medical emergency or may require immediate medical attention, please call 000.

What is Online Treatment?

Our physiotherapists are able to provide quality physiotherapy services through our Treatment App, saving you the time and discomfort of travelling with an injury and protecting your health, while ensuring you still benefit from our care.

Our experienced physiotherapists are registered with the Physiotherapy Board of Australia and practice in accordance with the Board’s Registration Standards and Code of Conduct.

In saying that, Online Treatment isn’t for everyone or for every set of circumstances – so we’ll let you know if we think you would benefit from Physical Treatment instead or as well. There’s more about that in these Terms.

You can read a bit more about our Online Treatment and Physical Treatment options on our website accessible here.

About these Terms

These are our Terms that apply when we provide you with Online Treatment.  These Terms cover the things we need you to know about the Online Treatment, so you know exactly what you’re agreeing to. We’ve tried to keep these Terms as simple as possible by using plain English.

We've also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

When we talk about “Central Baldivis Physiotherapy”, “we”, “our”, or “us” in these Terms, we are referring to Erinleigh Pty Ltd ACN 098 341 078 with the registered business name "Central Baldivis Physiotherapy" and as trustee for The Trustee for Fremen Projects ABN 70 200 820 787.

And when we talk about “you”, that’s you – our patient.

How will accessing physiotherapy treatment online work for me?

Whether you’re an existing patient or a new patient, this is the process for receiving our Online Treatment and what you’ll need to do at each stage along the way.

Please note that we may at any time ask you to come to our practice for Physical Treatment. This may be instead of Online Treatment, or in combination with Online Treatment.

Receiving Physical Treatment is a bit different to receiving Online Treatment. Any Physical Treatment we provide to you will be based on a different set of Terms.

Step

What will happen

1. Appointment Request

You can submit a request to make an Appointment with us through the link on our website to Cliniko – our Appointment App - at any time.

2. Self-assessment

You will receive a confirmation of your request and a self-assessment to complete. You will need to complete this assessment even if you are an existing patient, so we can assess whether Online Treatment is right for you.

3. Advice on whether online is right for you

We’ll consider your self-assessment and let you know if we can commence your treatment online.

If we determine that Online Treatment is right for you, we’ll send you a link to download PhysiApp, through which we’ll provide our Online Treatment to you – our Treatment App.

4. Your appointment

We’ll send you a reminder before your appointment, including anything you need to prepare or have accessible to you.

At your appointment, we’ll provide high quality physiotherapy services, including further assessments of your complaint and devise a suitable treatment plan. Please note your appointment may be recorded as set out further in these Terms.

5. Your treatment plan

You can track your progress with any exercises we give you by using the PhysiApp.

We’ll follow up with you to make a request you make any additional appointments that you require through Cliniko.
  1. KEY TERMS

In these Terms, the following words and phrases have the following meanings:

Term

Meaning

Terms about making an Appointment

Appointment

Means a booking you make with us for Online Treatment.

Appointment App

Means “Cliniko”, the physiotherapy practice management application through which you can make Appointments for Online Treatment.

Appointment Request

Means a request submitted by you to us for an Appointment using the Appointment App.

Subjective Self-Assessment (SSA)

Means the form you will complete to provide us information to assess whether Online Treatment is right for you.

Terms about receiving Treatment

Online Treatment

Means any physiotherapy services provided to you via our Treatment App.

Treatment App

Means “PhysiApp”, the application through which we will conduct Online Treatment.

Treatment Account

Means the account you create for yourself on the Treatment App.

Physical Treatment

Means in person physiotherapy services provided to you in accordance with separate terms and conditions.
  1. OVERVIEW OF SERVICES
    1. 2.1 DURATION OF THESE TERMS
      1. Subject to clause 2.1(b), these Terms commence on the date you tick the tick box to accept these Terms, and will continue in force, including in relation to all Appointments for Online Treatment made by you.
      2. You may terminate this agreement at any time in accordance with clause 8.
    2. 2.2 THE RIGHT TREATMENT FOR YOU
      1. Our process is designed to endeavour to ensure that you receive the right treatment for you, whether that be Online Treatment or Physical Treatment, or a combination of those.
      2. If you are an existing patient transitioning to Online Treatment, partially or fully, and have previously signed an agreement with us, these Terms now replace any other terms we’ve agreed on, to the extent of any inconsistency, in relation to the Online Treatment you receive.
      3. If you are a new patient, please note that we may at any time during the Online Treatment determine that you would benefit from Physical Treatment, either in addition to or instead of Online Treatment.
      4. If we ask you to come in for Physical Treatment, we may require you to sign a different set of Terms and Conditions in relation to that Physical Treatment.
    3. 2.3 AGE REQUIREMENTS
      1. By engaging us to provide you with Online Treatment, you represent and warrant that you are either:
        1. over the age of 18 years and accessing the Online Treatment for yourself; or
        2. under the age of 18 years and have your parent or guardian’s permission to access Online Treatment.
      2. If you are using Online Treatment and are under the age of 18 you must have the consent of your parent and/or legal guardian in order to receive the Online Treatment.
  2. BOOKING AN APPOINTMENT AND PREPARING FOR YOUR ONLINE TREATMENT
    1. 3.1 CLINIKO - ONLINE APPOINTMENT SYSTEM
      1. We use a third-party booking service called Cliniko to allow you to make bookings for your Online Treatment (Appointment App).
      2. To engage us to perform the Online Treatment, you must book an appointment with us via the Appointment App (Appointment Request).
      3. Submitting an Appointment Request constitutes your intention and offer to enter into a contract, where we will provide you with the Online Treatment you have ordered in exchange for your payment of the total amount displayed when submitting the Appointment Request (Fee). A contract is not formed until you receive an email from us confirming that your order is being processed.
      4. By using the Appointment App, you agree that Cliniko’s terms and conditions and policies apply to our provision of the Appointment App to you, and your use of the Appointment App, which can be accessed here.
      5. We accept no responsibility for any failure of the Appointment App that limits or otherwise affects your ability to make an Appointment. However, if you do encounter any issues, please contact us and we will work with Cliniko to resolve the issue.
    2. SUBJECTIVE SELF-ASSESSMENT
      1. Following an Appointment Request, we will send you an email confirming your Appointment and asking you to complete a Subjective Self-Assessment (SSA) within 12 hours of receiving that email. We need you to comply with this timeframe so that we have time to determine if Online Treatment is appropriate for you ahead of your Appointment.
      2. The SSA will ask you a few questions to determine if Online Treatment is appropriate for you. In completing the SSA, you represent and warrant that you have fully informed us of your medical history and any existing conditions, and you consent to us assessing your information.  You must provide accurate, true and comprehensive information when completing the SSA because we will rely on that information in making this determination.
      3. If you are unable to return the completed SSA within 12 hours, we may need to reschedule your Appointment.
      4. Based on the information you provide in your SSA, we will decide, at our discretion, if Online Treatment is appropriate for you.
      5. If we decide that Online Treatment is appropriate for you, we will confirm your Appointment and email you information about how to access the Online Treatment in accordance with clause 4.
      6. If we decide the Online Treatment is not appropriate for you, we will email you information about how to attend our practice for Physical Treatment.
      7. Before your Appointment, we may send you a list of items we’ll need you to prepare before your Appointment starts. If you’re unable to do something we request, we’ll endeavour to work around this but it may affect your Online Treatment.
  3. ATTENDING YOUR ONLINE TREATMENT
    1. 4.1 TREATMENT APP AND TREATMENT ACCOUNT
      1. Once we confirm an Appointment, you will need to download the Treatment App and create a Treatment Account to access our Online Treatment.
      2. When you verify your Treatment Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
      3. You agree that you're solely responsible for:
        1. maintaining the confidentiality and security of your Treatment Account information and your password; and
        2. any activities and those of any third party that occur through your Treatment Account, whether those activities have been authorised by you or not.
      4. You also agree to let us know if you detect any unusual activity on your Treatment Account as soon as you become aware of it.
      5. We won't be responsible to you for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
    2. 4.2 PROVISION OF ONLINE TREATMENT
      1. Our Online Treatment will include further assessments and advice through the Treatment App, and may include, to the extent possible through the nature of Online Treatment:
        1. assessment of your range of motion and strength;
        2. self-assessment of your pain and mobility;
        3. diagnosis of any injuries;
        4. creation of treatment plans; and
        5. video demonstrations of exercises to perform.
      2. You must provide us with all documentation, information and assistance reasonably required by us to perform the Online Treatment.
      3. You must schedule and arrange any additional Appointments that we request you make, using the Appointment App.
    3. 4.3 RESCHEDULING OR CANCELLING ONLINE TREATMENT
      1. If you cannot attend an Appointment, we ask that you please give us at least 24 hours’ notice. If you provide at least 24 hours’ notice to cancel an Appointment, you will not be charged a cancellation fee.
      2. If you cancel an Appointment less than 24 hours before the Appointment time, you will be required to pay 50% of the Fee for that Appointment.
      3. You may reschedule your Appointment by creating a new Appointment using the Appointment App.
    4. 4.4 RECORDING OF ONLINE TREATMENT
      1. Your Online Treatment may be recorded for the purpose of our training as well as for reference to monitor your progress. Please advise us if you do not wish any part of your Appointment or Online Treatment to be recorded. 
      2. The use of all personal information, including these recordings, will be carried out in accordance with our Privacy Policy which can be found on our Website.
    5. 4.5 COLLECTION NOTICE AND PRIVACY
      1. We collect personal information about you in order to provide you with our Online Treatment, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
      2. We collect sensitive health information about you during the course of providing you services. We only collect the information that you choose to provide us in order to assess your condition and provide you with our services.
      3. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
      4. By using the Treatment App, you agree to be bound by the clauses outlined in Central Baldivis Physiotherapy’s Privacy Policy.
  4. PAYMENT
    1. 5.1 PAYMENT
      1. You must pay our Fees in the amounts as displayed when submitting the Appointment Request, or as otherwise agreed in writing with you (Fees).
      2. You can pay our Fees through our third-party payment provider, Stripe (or as otherwise from time to time), or by direct payment to us at the bank account we provide to you.
      3. If you use our third-party payment provider to pay our Fees, the processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider.  We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
      4. Unless otherwise agreed with you, payment of our Fees is due prior to or immediately after your Appointment start time as indicated at the time of making your Appointment.
      5. Unless otherwise indicated, amounts displayed when submitting the Appointment Request do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.
      6. We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    2. 5.2 MEDICARE AND INSURANCE REBATES
      1. If you are eligible for a Medicare or health insurance rebate (Rebate), we will process the claim on your behalf. We may charge you an additional processing fee, despite previously not having done so, as set out in an invoice we issue to you.
      2. We accept no liability or responsibility for compliance issues relating to your failure to meet Medicare’s or your insurer’s requirements to be entitled to a Rebate.
    3. 5.3 SUSPENSION OF TREATMENT

We reserve the right to not perform any Appointment or suspend all or part of your Online Treatment indefinitely where you fail to pay the Fees in the amounts and times agreed.

    1. 5.4 LATE PAYMENT AND DEBT RECOVERY

If you do not pay an amount due under this agreement on or before the date that it is due:

      1. you must pay us interest at the rate of 8% per month on the amount due, calculated daily (please note interest rates may change and we will provide you with notice of this);
      2. we may seek to recover the amount due by referring the matter to debt collectors; and
      3. you must reimburse us for any costs it incurs, including any legal costs, in recovering the amount due or enforcing any of its rights under these terms.
    2. 5.5 REFUNDS

      Given the nature of the services, we generally don't offer refunds for Online Treatment and any refunds we issue will be solely at our discretion.

      Please let us know if you have any issues with our Online Treatment that you think should entitle you to a refund and we'll consider your situation.

  1. TECHNOLOGY OBLIGATIONS AND DISCLAIMERS
    1. 6.1 YOUR USE OF THE APPS

      You agree:

      1. not to copy, reproduce, translate, adapt, vary or modify the Appointment App or Treatment App without our express consent;
      2. not to use the Appointment App or Treatment App in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
      3. not to use the Appointment App or Treatment App for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
      4. not to attempt to breach the security of the Appointment App or Treatment App or Central Baldivis Physiotherapy's system security, or otherwise interfere with the normal function of the Online Treatment, including by:
        1. gaining unauthorised access to the Appointment App or Treatment App or data about other users of the Appointment App or Treatment App;
        2. scanning, probing or testing the Appointment App or Treatment App for security vulnerabilities;
        3. overload, flood, mailbomb, crash or submit a virus to the Appointment App or Treatment App; or
        4. instigate or participate in a denial-of-service attack against the Appointment App or Treatment App.

You acknowledge that all intellectual property rights in the Appointment App and Treatment App are owned by third parties, and nothing in this agreement transfers any rights to those apps to you.

    1. 6.2 INFORMATION ON THE APPS

      While we make every effort to ensure that the information on the Appointment App and the Treatment App is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

      1. the Appointment App or Treatment App will be free from errors or defects;
      2. the Appointment App or Treatment App will be accessible at all times;
      3. messages sent through the Appointment App or Treatment App will be delivered promptly, or delivered at all;
      4. information you receive or supply through the Appointment App or Treatment App will be secure or confidential; or
      5. any information provided through the Appointment App or Treatment App is accurate or true.

We reserve the right to change any information or functionality on the Appointment App or Treatment App by updating the relevant App, or transitioning to the use of a different app, at any time without notice.

    1. 6.3 LINKS TO OTHER WEBSITES
      1. The Treatment App may contain links to other websites that are not our responsibility.
      2. We have no control over the content of the linked websites and we are not responsible for it.
      3. Inclusion of any linked website on the Treatment App does not imply our approval or endorsement of the linked website.
    2. 6.4 SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Treatment App does not expose you to risk of viruses, malicious computer code or other forms of interference.

    1. 6.5 REPORTING ISSUES

If you become aware of misuse of the Treatment App by any person, any errors in the material on the Treatment App or any difficulty in accessing or using the Treatment App, please contact us immediately using the contact details on our Website.

  1. LIABILITY
    1. 7.1 WARRANTIES
      1. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
      2. Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund or replacement) if there is a failure with the services provided.
    2. 7.2 DISCLAIMERS
      1. The nature of Online Treatment has inherent risks that are beyond our control. You are responsible for ensuring that the area in which you undertake the Online Treatment is safe, free of any hazards or obstacles, and take all necessary to steps to minimise your risks in undertaking the Online Treatment.
      2. If you are ever uncomfortable with any action asked of you during Online Treatment, you must inform us and not undertake that action. We rely solely on the information and feedback provided verbally by you in providing the Online Treatment.
      3. To the maximum extent permitted by applicable law, the maximum aggregate liability of Central Baldivis Physiotherapy to you in respect of loss or damage sustained by you under or in connection with this agreement is limited to the total fees paid to Central Baldivis Physiotherapy by you in the 6 months preceding the first event giving rise to the relevant liability.
    3. 7.3 INDEMNITY

You agree at all times to indemnify and hold harmless Central Baldivis Physiotherapy and our officers, employees and agents ("those indemnified") from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by your:

      1. breach of any term of this agreement; or
      2. negligent, fraudulent or criminal act or omission.
    2. 7.4 CONSEQUENTIAL LOSS
    3. Central Baldivis Physiotherapy will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided us, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
  1. TERMINATION
    1. 8.1 TERMINATION FOR CONVENIENCE

Either party may terminate this agreement at any time by providing one week’s written notice to the other party.

    1. 8.2 TERMINATION FOR DEFAULT

Either party (Non-Defaulting Party) may terminate this agreement immediately by written notice to the other party (Defaulting Party) if the Defaulting Party:

      1. is in breach of this agreement and either:
        1. fails to remedy such breach within 14 days of receiving notice from the Non-Defaulting Party requiring it to remedy such breach; or
        2. that breach is not capable of remedy; or
      2. ceases, suspends or threatens to cease or suspend to conduct its business.
    2. 8.3 CANCELLATIONS OF TREATMENT ACCOUNT ON TERMINATION
      1. Upon termination, you are responsible for the cancellation of your Treatment Account. You can cancel your Treatment Account at any time by using the functionality provided on our Website or by contacting us.
      2. We may also terminate your access to the Treatment App at any time.
      3. Any information stored in your Treatment Account will be stored or deleted in accordance with the Treatment App’s policies.
      4. Despite cancellation of your Treatment Account, we will retain our records of your information as required by law.
    3. 8.4 ACCRUED RIGHTS AND LIABILITIES

The termination of this agreement will not prejudice any accrued rights or liabilities of either party, nor excuse either party from a breach of this agreement occurring prior to termination of this agreement.

    1. 8.5 CONSEQUENCES OF TERMINATION

Upon termination of this agreement:

      1. you must pay all amounts owed for Online Treatment already provided as at the date of termination;
      2. each party must return all property of the other party to that other party; and
      3. each party must immediately return to each other party, or (if requested by that party) destroy, any documents in its possession or control containing Confidential Information of the other party.
    2. 8.6 SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.

  1. NOTICES
      1. A notice or other communication to a party under this agreement must be:
        1. in writing and in English; and
        2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
      2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
        1. 24 hours after the email was sent; or
        2. when replied to by the other party,

whichever is earlier.

  1. GENERAL
    1. 10.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Western Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

    1. 10.2 BUSINESS DAYS

If the day on which any act is to be done under this agreement is a day other than a Business Day, that act must be done on or by the immediately following Business Day except where this agreement expressly specifies otherwise.

    1. 10.3 AMENDMENTS

This agreement may only be amended in accordance with a written agreement between the parties.

    1. 10.4 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    1. 10.5 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

    1. 10.6 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    1. 10.7 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

    1. 10.8 COUNTERPARTS

This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.

    1. 10.9 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

    1. 10.10 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

    1. 10.11 INTERPRETATION
      1. (singular and plural) words in the singular includes the plural (and vice versa);
      2. (gender) words indicating a gender includes the corresponding words of any other gender;
      3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      4. (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      5. (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
      7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
      8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      9. (includes) the word "includes" and similar words in any form is not a word of limitation; and
      10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

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