Terms & Conditions + Privacy Policy

Terms & Conditions


1.            Services

1.1         Sportstec Clinic (STC) is committed to providing services consistent with the Australian Physiotherapy Association.

1.2         STC provides the services on the following Terms and Conditions and in addition to any rights given to you as a health consumer and in addition to any statutory right.

1.3         You agree to be bound by these terms, which shall take immediate effect on the participation of the services supplied by STC. If you do not agree to the following terms please inform an STC employee and/or contractor and do not participate in the services STC provide.

2.            Disclosure

2.1         In the interest of providing quality and comprehensive services to you, you warrant to have disclosed any and all medical (and otherwise relevant) conditions to STC (“Disclosure Obligation”).

2.2         In participating in the services, you agree to have complied with the Disclosure Obligation and consent and acknowledge that STC is not required to undertake any separate investigation of such conditions.

2.3         You agree and acknowledge that STC do not carry any additional liability in connection with non-compliance with the Disclosure Obligation.

2.4         I (or my parent/guardian) am informed and willingly:

(a)         acknowledge that these Terms and Conditions expressly applies to any known or unknown risk associated with my participation in the services supplied by STC;

(b)         assume the risk of, and full responsibility for, harm to other participants due to my careless act, omission or negligence during the services provided; and

(c)         agree to abide by the Risk Management Rules for at all times.

3.            You indemnify STC

3.1         I forever indemnify STC for any loss, costs, damages or other liabilities incurred or suffered by STC as a result of my participation in the services supplied by STC or my failure to abide by the Risk Management Rules.

4.            The risks you are acknowledging and assuming

4.1         The services STC provide may involve unpredictable and unforeseeable risks of harm including personal injury to you and/or to others.

4.2         Despite careful and proper preparation, instructions, medical advice, conditioning and equipment there is still a risk of muscle and joint injury, adverse neurological, cardiac, vascular and respiratory conditions.

4.3         STC uses information you provide to assess risks of harm or injury to you and to agree to your participation in the services supplied by STC. Not all hazards and dangers of participation can be identified by you or by STC.

4.4         Risks arise during the services provided because:

(a)         humans and their bodies are being placed under stress;

(b)         the exercises may require a significant level of physical exertion by participants; and

(c)         acts or omissions of participants may cause harm to others.

5.            Risk Management Rules

5.1         Rule 1: You must take responsibility for your own safety and that of others when you are participating in the services supplied by STC.

5.2         Rule 2: You must follow all instructions and directions by STC and its staff and contractors.

5.3         Rule 3: You must keep STC and its staff and contractors informed and updated about your (your child’s) physical health and capacity to participate in and receive the services STC provide.

5.4         Rule 4: You must keep STC and its staff and contractors informed if you identify any hazards or dangers of participation by you.

6.            Cancellation Policy

6.1         STC appreciate advance notice of a cancellation so that if possible, the appointment time can be allocated to another patient on our wait list.

6.2         STC ask that cancellations be made at least 8 hours prior to your scheduled appointment time. A cancellation fee may be charged for appointments cancelled with less than 8 hours notice.

6.3         Motor accident insurance and Workers Compensation Insurance do not generally cover charges for non-attendance. These charges will need to be met by you.

7.            Payments

7.1         Payment is to be made at the end of each appointment.

7.2         If you have private health insurance you are required to bring your health insurance card. We will use HICAPS to bill the insurance provider direct.

7.3         Payment methods accepted are cash, MasterCard, Visa, HICAPS with most health funds (gap payment may be required) and EFTPOS. We do not accept Diners Club or American Express cards.

7.4         In most circumstances a gap will be payable as private health insurance may not cover our full fee. The size of the gap payable by you will depend on your level of cover and the terms of your health insurance.

7.5         Veteran’s Affairs:

(a)         Patients may seek our services via Veteran’s Affairs (gold or white card for specific conditions).

(b)         You will need a referral from your GP prior to treatment.

(c)         Please note that should Veteran’s Affairs not cover all our fee, a gap will be payable by you at the end of the appointment.

7.6         WorkCover:

(a)         If you have not received approval from your insurer to receive services from STC, STC require that your account is settled at the time of each treatment due to the lapse in time taken to process and approve a claim.

(b)         WorkCover claims are billed direct to WorkCover after the claim has been accepted. STC required copies of paperwork to be placed on file.

7.7         Compulsory Third Party:

(a)         If you have not received approval from your insurer to receive services from STC, STC require that your account is settled at the time of each treatment due to the lapse in time taken to process and approve a claim.

(b)         Compulsory Third Party claims are billed directly to the insurer after the claim has been accepted. STC required copies of paperwork to be placed on file.

7.8         Medicare:

(a)         Patients with a chronic (or terminal) medical condition that is being managed by a GP under both of these Medicare Chronic Disease Management (CDM) items – GP Management Plan (GPMP) and Team Care Arrangements (TCAs), may be eligible to claim Medicare rebates for the physiotherapy services STC provide.

(b)         The need for the physiotherapy services STC provide must be directly related to your chronic or terminal condition.

(c)         Patients with such conditions may be covered for up to 5 treatments by Medicare under the Enhanced Primary Care Plan (EPC).

(d)         Paperwork supplied by the referring GP is required for your initial consultation. Copies of the paperwork are required to be placed on file.

(e)         Your account will need to be paid at each visit which you can claim back direct from Medicare, or you can claim by swiping your Medicare card and paying a small gap.

8.            Late Payments

8.1         Late payments may be subject to penalty interest if payments are not paid in accordance with our invoice.

9.            Where can you get more information?

9.1         If you have queries about our Terms and Conditions please feel free to contact us on (02) 6156 1308 or visit our website www.sportstecclinic.com.au

9.2         Information about your rights under the CCA and what you can waive are available from www.accc.gov.au

10.         FLYER (voucher) valid until Friday 23rd December 2016. Cannot be exchanged for cash. There is no future obligation after the consultation. Please state at the time of booking that you have this voucher/flyer.

11.        Direct Debit Form terms and conditions:

11.1      Drawing Arrangements

Account will be drawn on within 36 hours of us providing a service to you. We will only arrange for funds to be debited from your account as authorised in the Direct Debit Form. We will only draw for services that have been provided, not for future services that you may use. We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice to the address you have given us in the Direct Debit Request. We will keep any information (including your account details) in your Direct Debit Form in a secure place for 7 years as required by law. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. We will only disclose information that we have about you to the extent specically required by law; or for the purposes of this agreement (including disclosing information in connection with any query or claim).

11.2      Your rights:

You may cancel this arrangement at anytime but must provide us with 7 days of notification. This may be done via phone: 02 6156 1308, or by email: admin@sportstecclinic.com.au.

11.3      Your obligations:

Funds must be available to be drawn within the 36 hours following services provided.

11.4      Disputes

You should check your account statement to verify that the amounts debited from your account are correct. If you believe that there has been an error in debiting your account, you should notify us directly by telephoning (02) 6156 1308 and confirm that notice in writing with us as soon as possible so that we can resolve your query quickly. Alternatively you can take it up with your financial institution. If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted. If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.

11.5    Refunds

Refunds will be allocated to the card provided only. There will be no cash refund. Other arrangements may be arranged, you must write and provide 14 days to review the refund arrangement.

Privacy policy

We are committed to protecting your privacy. We provide this Privacy Policy under the Privacy Act 1988 (Cth) to provide you details about our practices in relation to the collection, use, disclosure and handling of personal information.

1.            Privacy Policy

1.1         This Privacy Policy is governed by the Australian Privacy Principles under the Privacy Act 1988 (Cth).

1.2         Our Privacy Policy does not create any rights or obligations for either you or us in addition to those imposed by the Privacy Act 1988 (Cth).

2.            Collection of Personal and Sensitive Information

2.1         We collect personal and sensitive information when you:

(a)          register for membership;

(b)          interact with us through the phone, in person or via email and you provide us your details;

(c)          purchase or subscribe to our products or services;

(d)          subscribe to our mailing list;

(e)          enter our competitions or promotions; or

(f)           apply for positions at our Business or you are our contractor.

2.2         We collect personal and sensitive information to:

(a)          improve our products and services;

(b)          provide our product or service to you;

(c)          communicate with you;

(d)          offer you promotional product or market our product that you are interested in;

(e)          keep a record of your order for refund or exchange;

(f)           keep our customer database;

(g)          to investigate any complaints that you make;

(h)          to investigate whether you are in breach of our terms and conditions;

(i)           verify your identity;

(j)           to notify you of vacant positions if you applied for jobs at our Business;

(k)          comply with the law or to use your information as permitted under the law; and

(l)           use your information for purposes that are related to the above.

2.3         We collect and hold following types of personal and sensitive information:

(a)          your contact details that may include your name, business name, postal address, email address, fax number and phone number;

(b)          health information necessary to provide you care;

(c)          optional personal information that you consent to provide, including your interests in a particular area, gender or age; and

(d)          optional surveys that provide personal information including whether you like our Business or Website and what you like or do not like.

2.4         We will only collect your personal and sensitive information using fair and lawful means.

2.5         We do not store credit card details as we use payment gateways and/or third party processor.

2.6         If we receive unsolicited personal and sensitive information, we may destroy it or ensure that it is de-identified if it is lawful and reasonable to do so.

3.            Cookies

3.1         We may, from time to time, use ‘cookies’ which are small data file placed on your machine or device to store information.

3.2         We use cookies in many ways including:

(a)          authentication cookies that monitor whether you are logged in or not;

(b)          session cookies that allow you to remain logged in and keep track of your activities until the browser shuts down;

(c)          persistent cookies that help us monitor our services by recording your browser activities and they do not expire upon browser shut down; and

(d)          flash cookies to personalise your experience.

3.3         We use cookies for many reasons including but not limited to:

(a)          improve the performance by reporting any errors that occur;

(b)          provide statistics about how the Website is used;

(c)          remember settings that you used on our Website;

(d)          identify that you are logged into the Website;

(e)          link to social networks like Facebook and Twitter; and

(f)           provide ads that are tailored to you.

3.4         Please note that although cookies do not generally store personal and sensitive information, they may contain your IP address. However you are effectively anonymous to us because the data are collected in aggregate.

3.5         You may disable and delete cookies in your browser if you do not want us to use cookies but doing so may detract from your enjoyment of our Website.

4.            Security

4.1         All credit card transactions are implemented under industry standard encryption.

4.2         For credit card transactions we use a third party processor (e.g. PayPal) and/or payment gateway (e.g. eWay) that we may change from time to time so that:

(a)          payments are processed in real time; and

(b)          we do not have access to your credit card numbers.

4.3         We use database management system to store most of the personal information and it contains security features, such as encryption, firewall and anti-virus, to ensure the protection and integrity of our data.

5.            Anonymity and Pseudonymity

5.1         You may interact anonymously or by using a pseudonym, for example when you:

(a)          call us;

(b)          use our online forums that does not require membership; or

(c)          email us,

and you may refuse to give your details.

5.2         You must provide your personal information when you:

(a)          purchase goods that require delivery;

(b)          register for membership;

(c)          sign up for mailing list;

(d)          lodge a complaint; and

(e)          are required to provide personal information under the law.

6.            Disclosure of Personal Information

6.1         We only disclose your personal and sensitive information for purposes that are reasonably related to our Business.

6.2         We will not disclose your personal and sensitive information to third parties for payment, profit or advantage.

6.3         We may disclose your personal and sensitive information to third parties, from time to time, to assist us in conducting our Business, including:

(a)          Medicare, health insurance providers and requisite Australian Government entities in order to deliver you care;

(b)          technology service providers including internet service providers or cloud service providers;

(c)          couriers such as Australia Post;

(d)          data processors that analyse our website traffic or usage for us;

(e)          agents that perform functions on our behalf, such as mailouts, debt collection, marketing or advertising;

(f)           our related bodies corporate; and

(g)          to persons, entities or courts as required under the law.

6.4         We may disclose your personal and sensitive information to third parties:

(a)          to provide the service you wish to use;

(b)          to improve our Business, services, products and Website;

(c)          to customise and promote our services which may be of interest to you;

(d)          to comply with or as permitted under the law; or

(e)          with your consent.

6.5         You consent to the disclosure of your personal and sensitive information to entities located overseas and we will use reasonable endeavours to ensure they are subject to similar privacy legislation when handling such information.

7.            Direct Marketing to You

7.1         We will not send you unsolicited commercial electronic messages in contravention of the Spam Act 2003 (Cth).

7.2         We may use the non-sensitive information you gave us for the purpose of promoting and marketing our Business to you if we:

(a)          use the information that you reasonably expected us to use for promoting and marketing our Business to you; and

(b)          provide you a simple method to opt-out.

7.3         We will not contact you to promote or market our Business if you requested us not to.

8.            Accessing and Correcting Your Personal Information

Accessing Your Personal Information

8.1         You may request access to your personal information that we hold and we will:

(a)          verify your identity;

(b)          charge you to cover the cost of meeting your request, if any, but not for the request itself; and

(c)          within a reasonable period of time, comply with your request.

8.2         We may refuse to allow you to access your personal information if we are not required to do so under the Australian Privacy Principles.

Correcting Your Information

8.3         You may request to correct your personal information that we hold and we will update your personal and sensitive information so that it is up-to-date, accurate, complete, relevant and not misleading.

How to Contact Us

8.4         If you would like to access or correct your personal information, please contact us by:

(a)          email: admin@sportstecclinic.com.au

(b)          writing to: Shop 81/71 Giles Street Kingston ACT 2604

(c)          phone: (02) 6156 1308

9.            Complaints

9.1         If you believe we breached the Australian Privacy Principles under the Privacy Act 1988 (Cth) or a registered Australian Privacy Principles Code, you may lodge a complaint as follows:

(a)          firstly, contact us in writing to the email or postal address in clause 8.4 and include the following in your complaint:

(i)          your contact details;

(ii)         section or provision of the Australian Privacy Principles or Code that you believe we breached; and

(iii)        our practice or policy that you believe breaches the relevant Australian Privacy Principle or Code,

(b)          and you must allow us a reasonable time, about 30 days, to reply to your complaint; and

(c)          secondly, you may complain to the Office of the Australian Information Commissioner if:

(i)          you are not satisfied with our response; or

(ii)         we do not respond to you within a reasonable time without sufficient explanation.

10.          Definitions and Interpretation

10.1       Unless contrary intention appears:

(a)          Australian Privacy Principles means the principles under the Schedule 1 of the Privacy Act 1988 (Cth).

(b)          Business means Sportstec Clinic.

(c)          sensitive information means sensitive information as defined under Privacy Act 1988 (Cth).

(d)          personal information means personal information as defined under Privacy Act 1988 (Cth).

(e)          You (whether in capitals or not) means the user of our Website and Your and Yours have corresponding meanings.

(f)           We (whether in capitals or not) means Sportstec Clinic and HP3 Pty Ltd and Us and Ours have corresponding meanings.

(g)          Website means www.sportstecclinic.com.au

10.2       The word ‘include’ is used without any limitation.