TERMS AND CONDITIONS OF

POSTURE THERAPY


1. GENERAL
We agree to provide the Posture Alignment Therapy Services face to face and online to you on the terms set out in this Agreement. This Agreement represents the entire understanding between the Parties, and no other terms shall apply except for those terms implied by law and which cannot be excluded and any other terms specifically incorporated by reference.

2. CONSENT
(a) Your booking and/or payment for face to face and online appointments represents consent to this Agreement.
(b) If you are under 18 years of age, you must provide us with the written consent of your parent or guardian, who must also agree to:
(i) be bound by this Agreement;
(ii) provide proper supervision in relation to the provision of information to us; and
(iii) provide proper supervision in relation to your use of our posture alignment therapy services.

3. PURPOSE AND NATURE OF OUR POSTURE ALIGNMENT THERAPY SERVICES
You acknowledge that:
(a) for online appointments: no online service is a perfect substitute for an “in person” consultation with a posture alignment specialist; and
(b) for all Posture Alignment Therapy Services: 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.

4. SUITABILITY OF OUR POSTURE ALIGNMENT THERAPY SERVICES
It may become obvious to us that our Posture Alignment Therapy Services are not suitable for you. In these circumstances, we will not provide the Posture Alignment Therapy Services to you. Instead, we will refund any money paid to us by you for any services not yet provided, and may suggest an alternative management plan and/or referral to another service.

5. PROVISION OF INFORMATION BY YOU
You acknowledge that in delivering our Posture Alignment Therapy Services, we are completely reliant upon the information that you provide us. In this regard, you agree to provide us with:
(a) accurate and complete information in the questions which we ask of you; and
(b) any information which could reasonably be expected to be relevant to your condition or treatment.

6. USING OUR POSTURE ALIGNMENT THERAPY SERVICES
(a) Full understanding required. You must not implement our treatment program or act on any advice unless you fully understand it. Please ask any questions before implementing any treatment program or acting on any advice provided by us.
(b) Cessation. You must immediately cease using our treatment program and cease acting upon any advice given by us if you experience any pain or discomfort. In these circumstances, you must contact us as soon as possible.
(c) Third persons. Your exercise menu has been personalised and tailored to you and your body. You must not provide your exercise menu or our treatment program to any other person. We assume no duty of care in relation to any third persons.

7. LIABILITY
(a) The laws in force in Victoria imply certain terms into contracts between consumers and businesses. These include warranties that our services are to be delivered with due care and skill, and that they are reasonably fit for the purposes for which they are intended. Such terms form part of this Agreement, and no part of this Agreement is intended to exclude, restrict or modify those terms or our liability to you for breach of those terms.
(b) Subject to clause 7(a) and to the extent permitted by law, we shall not be liable for any injury, loss or damage sustained by you arising out of the treatments or services provided which does not arise from our negligent act or omission. In no event shall we be liable for any indirect, incidental, special or consequential loss. We make no warranty concerning the content on our Website and services available. The information contained on this Website has been prepared for general guidance only and it does not constitute professional medical advice. Posture Therapy has made all reasonable efforts to ensure that the contents of this Website are true and accurate in all material respects.
(c) Where liability cannot be excluded under clause 7(b), any liability incurred by us in relation to our posture alignment therapy services is limited to an amount equal to 100% of the fees paid by you at the time the liability arises.

8. GOVERNING LAW
This Agreement is governed by the laws in force in the State of Victoria, and you submit to the jurisdiction of the courts in that State.

9. DEFINITIONS
In this document and the documents incorporated by reference, the following terms have the following meanings unless the context clearly requires otherwise:
“Agreement” means the terms and conditions of purchasing our posture alignment therapy services as set out in this document and the documents incorporated by reference;
“Posture Alignment Therapy Services” means any posture alignment therapy or health-related services provided by us in return for a fee including any assessment, recommendation or treatment program; and
“Website” means the website located at the domain “www.posturetherapy.com.au” and on all sub-domains, folders and sub-folders on this domain.

10. INTERPRETATION
(a) In this Agreement, unless the context clearly requires otherwise:
the terms “we”, “us” and “our” are references to Posture Therapy and the Services and information provided via this Website which is owned and operated by Posture Therapy (ABN 83 813 658 714), our successors and assignees;
(b) words defined in the singular have the corresponding meaning in the plural;
reference to a “person” includes a reference to a corporation, association or other entity;
(c) reference to the “Parties” means both you and us; and
(d) all monetary amounts are expressed in Australian dollars.