Terms & Conditions
PART I – Patient Terms and Conditions
PART II – Website and social media Terms and Conditions
part i – patient terms and conditions
1.1 SportsTec Clinic (STC) is committed to providing services consistent with the Australian Physiotherapy Association’s guidelines.
1.2 These Terms and Conditions apply to all STC services and apply in addition to any rights given to you as a health consumer and in addition to any statutory rights.
1.3 You agree to be bound by these terms, which shall take immediate effect upon participation in 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 provides.
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 does 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 apply 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 at all times (see point 5 below).
3. You indemnify STC
3.1 You 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 (or your child’s or ward’s) physical health and capacity to participate in and receive the services STC provides.
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 appreciates advance notice of a cancellation so that if possible, the appointment time can be allocated to another patient on our wait list and costs incurred by STC can be minimised.
6.2 Cancellations must 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, Workers Compensation Insurance and the Department of Veteran’s Affairs do not generally cover charges for non-attendance. These charges will need to be met by you as the client.
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 to your appointment. Where possible, we will use HICAPS to bill the insurance provider direct. You will be required to pay any part of the payment not covered by your health fund. Where STC is unable to successfully lodge a claim for payment direct with your health fund you may need to make payment in full and subsequently claim payment from your health fund.
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 our full fee, a gap will be payable by you at the time of your appointment.
(a) If you have not received approval from your insurer to receive services from STC, STC requires 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 requires 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 requires 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 requires copies of paperwork to be placed on file.
(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 for a partially subsidised appointment.
(b) The need for the physiotherapy or exercise physiology services provided by STC must be directly related to your chronic or terminal condition.
(c) Patients with such conditions may be covered for up to 5 treatments per year 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) You will need to pay the fee gap at each visit, and Medicare will pay us their portion directly.
8. Late Payments
8.1 Late payments may be subject to penalty interest if payments are not paid in accordance with our invoice.
9. Referral Discounts
9.1 Physical Card Referral
(a) For the referee, a referral discount card offering a $20 discount must be presented for the discount to be applied. This discount is only applicable on an initial consultation and is not to be used in conjunction with any other discount. The discount is not applicable to the purchase of any products. Discount is valid for 6 months only from the date of issue and is non-transferable.
(b) For the referrer, a referral discount card offering a $20 discount must have already been presented by your referee for the discount to be applied. This discount is only applicable on services and is not to be used in conjunction with any other discount. The discount is not applicable to the purchase of any products. Discount is valid for 6 months only from the date of referral and is non-transferable.
9.2 Email Referral
If you are provided with an email offering a $20 discount for referring a new client, this email must be provided by you at the time of appointment for the discount to be applied. Each email represents one voucher only. This discount is only applicable on services and is not to be used in conjunction with any other discount. The discount is not applicable to the purchase of any products. Discount is valid for 6 months only from the date of issue and is non-transferable.
10. Direct Debit Form Terms and Conditions:
10.1 Drawing Arrangements
Where you have signed up to a special offer involving payment by Direct Debit, your account will be dawn on within 36 hours of us providing a service or the arrangement commencing, as appropriate to the particular arrangement:
(a) We will only arrange for funds to be debited from your account as authorised in the Direct Debit Form.
(b) We will only draw for services that have been provided, not for future services that you may use.
(c) We may vary any details of the Direct Debit 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.
(d) We will keep any information (excluding your account details) in your Direct Debit Form on your personal file.
(e) 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.
(f) We will only disclose information that we have about you to the extent specically required by law; or for the purposes of the Direct Debit Agreement (including disclosing information in connection with any query or claim).
10.2 Your rights:
You may cancel your Direct Debit Arrangement at anytime but must provide us with at least 7 day’s notice, except where you have agreed to purchase services at a special price based on the use of all services in a defined series. Notice can be provided to us via phone: (02) 6156 1308, or by email: email@example.com.
10.3 Your obligations:
Funds must be available to be drawn within the 36 hours period following the provision of services, or in accordance with the Direct Debit Arrangement.
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 where relevant) 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.
Refunds will be allocated to the card provided only. There will be no cash refund. Other arrangements can be made, you must write and provide 14 days to review the refund request.
11. Where can you get more information?
11.1 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
11.2 Information about your rights under consumer law and what you can waive are available from www.accc.gov.au
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 by phone, in person or via email and you provide us with 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) to employ or engage you as a contractor;
(l) comply with the law or to use your information as permitted under the law; and
(m) use your information for purposes that are related to the above.
2.3 We collect and hold the following types of personal and sensitive information:
(a) your contact details that may include your name, business name, street address, postal address, email address, fax number and phone number, bank account details (for employees or contractors);
(b) health information necessary to provide you with care or services;
(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 processors.
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.
3.1 We may, from time to time, use ‘cookies’ which are small data file placed on your machine or device to store information.
(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.
(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.
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 a 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 or to receive services;
(c) sign up for our 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: firstname.lastname@example.org
(b) writing to: Shop 81/71 Giles Street Kingston ACT 2604
(c) phone: (02) 6156 1308
9.1 If you believe we may have 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 may have 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, at least 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.
part ii – website and social media terms and conditions
This document sets out the terms under which you may use our
Website and Social Media. Please carefully read all terms
and conditions before using our Website and/or Social Media.
1. Acceptance of Website and Social Media Terms
1.1 You accept and consent to the Website and Social
Media Terms and Conditions in full by using our
Website and Social Media.
1.2 You must not use our Website and Social Media if
you do not accept the Website and Social Media
Terms and Conditions.
2. Acceptable Use
2.1 We grant you a non-exclusive, non-transferable,
revocable, limited licence to:
(a) view and use information accessible from
the Website and Social Media; and
(b) purchase goods or services from the
2.2 You must not:
(a) cause damage or interfere with accessibility
to the Website and Social Media;
(b) use it in connection with illegal, fraudulent or
harmful purposes or activities;
(c) store, transmit or distribute Malicious
Computer Programs; or
(d) conduct any systematic or automated data
3. Intellectual Property Rights
3.1 We own or are licensed to use our intellectual
property in the Website and Social Media.
3.2 You may only view and download Content on the
Website for coaching purposes and print a single
copy of Content for personal use.
3.3 You must not:
(a) republish any Content from this Website and
(b) present any Content in public;
(c) reproduce or exploit any Content on this
Website and Social Media for commercial
(d) edit or otherwise modify any Content on the
Website and Social Media; or
(e) redistribute any Content from this Website
and Social Media unless we have expressly
4. Posting Policy
4.1 You may upload Posts on the Website and Social
Media subject to this clause.
Intellectual Property (IP) Rights
4.2 You grant us a non-exclusive, transferable, sublicensable,
royalty-free, world-wide licence to use
any Intellectual Property in Posts, including rights to:
(a) copy, reformat, edit or translate;
(b) publicly perform or present;
(c) distribute for any purpose including for
commercial or advertising purpose; and
(d) incorporate in our Website and Social Media
or any other works.
4.3 IP Licence in relation to that material ends when you
delete that Post but you understand that even if you
delete Posts, we may still keep back-ups for a
reasonable period of time.
4.4 You must not upload any Post that:
(a) is unlawful or promotes illegal behaviour;
(b) is harmful, threatening, abusive or
(c) incites violence or is graphical of violence;
(d) is pornographic or exploits people in a
(e) is defamatory or libellous;
(f) relates to gambling;
(g) relates to alcohol;
(h) promotes racism, bigotry, hatred, physical
harm or any other discriminatory behaviour;
(i) is false, misleading or fraudulent;
(j) consists of any Malicious Computer
(k) impersonates any person or entity or falsely
misrepresent your affiliation with a person or
(l) violates or encourages violation of these
terms and conditions;
(m) infringes or violates another’s rights
including copyrights or intellectual property
(n) invades another’s privacy;
(o) includes photograph or image of another
person or another person’s property without
(p) reveals anyone’s identification documents or
sensitive financial information;
(q) is posted to disrupt the operation of the
Website and Social Media and its related
(r) advertises any company or their goods or
services other than us.
Your Warranty in Post
4.5 By uploading Posts on our Website and Social
Media, you warrant that:
(a) you have the right and authority to provide
the Post in the manner it is posted;
(b) you own the Post and have the right to
assign copyright ownership and other
Intellectual Property to us; and
(c) the Content is not prohibited content under
Monitoring of Website and Social Media
4.6 We have not reviewed and cannot review all Posts
and we are not responsible for liability arising out of
4.7 We may, at our sole discretion, pre-screen, reject or
remove any Post you provide for any reason.
5. Third Party Websites and Materials
5.1 In this clause:
(a) Third Party Material means material from a
Third Party Website, which are linked or
framed to and from a Third Party Website.
(b) Third Party Website means a website
operated by a third party.
5.2 We do not verify, endorse or approve Third Party
5.3 We provide no warranty or representation about
Third Party Material:
(a) regarding the quality, accuracy,
merchantability or fitness for purpose of
Third Party Material or products or services
available from Third Party Website; or
(b) as to whether they infringe any intellectual
5.4 We are not responsible for:
(a) any offers, statements or representations
that are made on behalf of a Third Party
(b) Malicious Computer Programs from Third
5.5 We may receive payments from a Third Party
Website in relation to goods or services supplied by
them as a result of you linking to the Third Party
Website from our Website and Social Media.
6. No Warranty
6.1 The Website and Social Media is provided ‘as is’
and we do not provide any express or implied
representation or warranty and disclaims all
responsibility as to:
(a) the availability of the Website and Social
Media and its associated services at the
time you wish to use it;
(b) merchantability, fitness for a particular
purpose and non-infringement;
(c) accuracy or validity of information and
Content on the Website and Social Media;
(d) whether Content is free from Malicious
6.2 No Content on the Website and Social Media
constitutes advice of any kind and you should
consult with an appropriate professional for
7. Limitation of Liability
7.1 In this clause, a Covered Party means:
(a) us, our affiliates, and any officer, director,
employee, sub-contractor, agent, body
corporate or successor; and
(b) each third party supplier of Content, their
affiliates, and any officer, director,
employee, subcontractor, agent, body
corporate or successor.
7.2 To the maximum extent permitted by law, a Covered
Party is not liable for liability arising out of or related
(a) content provided to you for free-of-charge;
(b) inaccuracy, errors or omissions with
(c) unavailability or interruption of usage of the
Website and its services;
(d) any delay or failure in performance beyond
the reasonable control of a covered party;
(e) loss of data.
7.3 To the fullest extent permitted under the law, a
Covered Party is not responsible for any indirect,
special or consequential liability to a user (including
legal fees) arising out of or from content or use of
the Website and Social Media.
7.4 Exclusion of liability in clause 7.2 applies even if you
expressly advise a Covered Party of the potential
7.5 To the extent we cannot exclude liability and to the
fullest extent permitted under the law, a Covered
Party’s aggregate liability for negligence, breach of
contract or under any legislation is limited, at our
(a) in case of goods, any one or more of the
(i) replacement of the goods or supply
of equivalent goods;
(ii) repair of the goods;
(iii) payment of costs of replacing the
goods or acquiring equivalent
(iv) payment of costs of repairing goods;
(b) in case of services:
(i) supply of the services again; or
(ii) payment of the cost of supplying the
(c) in case of any other damages, $100.00.
7.6 Nothing in this agreement will exclude or limit our
liability in respect of any:
(a) death or personal injury caused by our
(b) fraud or fraudulent misrepresentation on the
part of us; or
(c) matter which it would be illegal or unlawful
for us to exclude or limit, or to attempt or
purport to exclude or limit, its liability.
8.1 You agree to indemnify us and undertake to keep us
indemnified against any Liability (including legal
fees) arising out of:
(a) your breach of these terms and conditions;
(b) any Claim that you have breached these
terms and conditions.
9. Cookies Policy
9.1 You agree that:
(a) we may store cookies on your device; and
(b) we may issue and request cookies from
your device to collect both personal and
9.2 You may disable cookies on your browser if you do
not agree to the Cookies Policy.
9.3 You agree that we may use, including but not limited
to, the following types of cookies:
(a) authentication cookies;
(b) session cookies;
(c) persistent cookies; and
(d) flash cookies.
(a) improve the performance by reporting any
errors that occur;
(b) provide statistics about how the Website
and Social Media is used;
(c) remember settings that you use for our
Website and Social Media;
(d) identify and show that you are logged into
the Website and Social Media;
(e) link to social networks like Facebook and
(f) provide more suitable ads tailored to you.
10. Breach of Terms and Conditions
10.1 If you breach any of these terms and conditions we
may take appropriate actions including but not
(a) issuing a warning notice;
(b) suspending your access to the Website and
(c) prohibiting your access to the Website and
Social Media; or
(d) bringing court proceedings against you.
11.1 Website and Social Media Terms and Conditions
terminate automatically if we cease to operate the
Website and Social Media.
Website Terms and Conditions
12.1 This Website and Social Media is directed at and
restricted to use by individuals or entities that reside
in Australia only.
12.2 We make no representation that Content are
appropriate or available for use in other locations
12.3 This Agreement is governed by the laws of the
Australian Capital Territory.
12.4 The Parties submit to the exclusive jurisdiction of
the courts of the Australian Capital Territory.
12.5 No Party may object to the jurisdiction of any of
those courts on the ground that it is an inconvenient
forum or that it does not have jurisdiction.
13.1 We may make changes to the Website and Social
Media and these terms and conditions at any time
14. Whole Agreement
14.1 This Agreement embodies the whole Agreement
between the Parties relating to the subject matter of
this Agreement and supersedes all previous
agreements in respect of your usage of our Website
and Social Media.
15.1 We may transfer, assign, sub-license or otherwise
deal with our rights and obligations under these
15.2 You may not transfer, sub-license or otherwise deal
with your rights and obligations under these terms of
16.1 If all of any part of any provision of this Agreement is
invalid or unenforceable, then:
(a) that provision is severed from this
Agreement to the extent necessary to
remove the invalidity or illegality; and
(b) the remaining provision of this Agreement
remains valid and enforceable.
17. Survival of Certain Terms
17.1 The terms of this Agreement, which are capable of
having effect after this Agreement ends, continue to
have full effect, including clauses in relation to:
(a) protection of intellectual property;
(b) post-agreement restraints; and
(c) guarantees, warranties, indemnities and
limitation of liability.
18.1 In this Agreement, unless the contrary intention
(a) a reference to this Agreement or any
instrument includes any variation or
replacement of any of them;
(b) a reference to a person includes a body
corporate, joint venture, association,
government body, firm and any other entity;
(c) a reference to legislation includes any
amendments to it, any legislation substituted
for it, and any subordinate legislation made
(d) the singular includes the plural and vice
(e) words of one gender include any gender;
(f) headings do not affect the interpretation of
(g) reference to a Party includes that Party’s
personal representatives, successors and
(h) reference to a thing (including a right)
includes a part of that thing;
(i) if a Party comprises two or more persons:
(i) reference to a Party means each of
the persons individually and any two
or more of them jointly;
(ii) a promise by that Party binds each
of them individually and all of them
(iii) a right given to that Party is given to
each of them individually; and
(iv) a representative, warranty or
undertaking by that Party is made
by each of them individually;
(j) a provision must not be construed against a
Party only because that Party prepared it;
(k) a provision must be read down to the extent
necessary to be valid and if it cannot be read down to that extent, it must be
(l) if a thing is to be done on a day that is not
a Business Day, it must be done on the
Business Day before that day;
(m) another grammatical form of a defined
expression has a corresponding meaning;
(n) the word “include” is used without any
(o) the rights, duties and remedies in this
Agreement operate to the extent that they
are not excluded by law; and
(p) examples are descriptive only and not
19.1 The following words have these meanings unless
the contrary intention appears:
(a) Agreement means the Website and Social
Media Terms and Conditions as amended
from time to time.
(b) Australian Consumer Law means
Schedule 2 of the Competition and
Consumer Act 2010 (Cth).
(c) Claim means any claim, suit, action,
demand, or right.
(d) Content means any material on the
Website and Social Media as amended from
time to time including but not limited to text,
document, image, logo, photo, audio
material, video material and audio-visual
(e) Liability means responsibility for any loss
(either direct or indirect), damage, injury, or
(f) Malicious Computer Programs includes
programs that contain viruses, Trojan
horses, worms or any other computer
programming that may damage, modify,
delete, detrimentally interfere with, access
without authority or expropriate any system,
data or personal information.
(g) Party means a party to this terms and
(h) Parties mean all parties to this terms and
(i) Post or Posts includes comments, images,
photos, writings or any other material that
you upload on our Website and Social
(j) Social Media includes but is not limited to
our Facebook, Instagram and Twitter sites.
(k) Website means www.sportstecclinic.com.au
(l) Website and Social Media Terms and
Conditions means the terms and conditions
set out in this document.
(m) We, Us or Ourselves refers to the
Sportstec Clinic and Hp3 Pty Ltd.
(n) You, Your or Yours refers to a user of this
Website and Social Media.