Terms & Conditions

ONLINE PHYSIOTHERAPY | TERMS & CONDITIONS

TERMS & CONDITIONS OF PURCHASE

1. 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 online physiotherapy services as set out in this document and the documents incorporated by reference;

“Business Days” means any day other than a Saturday or a Sunday or a day declared as a public holiday under the Public Holidays Act 1993 (Vic);

“Online Physical” refers to us; the business.

“Physiotherapy services” means any physiotherapy or health-related services provided by us in return for a fee including any assessment, diagnosis, advice or treatment program; and

“Web site” means the web site located at the domain “www.onlinephysical.health” and on all sub-domains, folders and sub-folders on this domain.

“Client” refers to the person booking the service as displayed on our website.

“Provider” refers to the employees of Online Physical, which is inclusive of; administative services, I.T, customer service, physiotherapists.

2. SUPPLY OF ONLINE PHYSIOTHERAPY SERVICES

The Client hereby agrees to engage the Provider to provide the Client with the following online physiotherapy services as set out in this Agreement.

3. CONSENT

The Client signifies consent to this Agreement by purchasing any online physiotherapy services from the web site. This Agreement document does get updated from time to time, and remains current as of 23 August 2021.

If the Client is under 18 years of age, the Client will need to complete a digital consent form of a parent or legal guardian, who must also agree to:

  • be bound by this Agreement;
  • provide proper supervision in relation to the provision of information to us; and
  • provide proper supervision in relation to your use of our online physiotherapy services

4. PURPOSE AND NATURE OF OUR ONLINE PHYSIOTHERAPY SERVICES

The Client agrees that:

  • no online service is a perfect substitute for an “in person” consultation with a physiotherapist; and
  • 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.

5. SUITABILITY OF OUR ONLINE PHYSIOTHERAPY SERVICES

To assist the Provider in providing the best possible service to the Client, the Client will be required to complete a patient onboarding form, which will be sent via email upon booking.

6. HEALTH & SAFETY

6.1 It is the responsibility of the Client to ensure that the environment is safe and accessible for an Online Physiotherapy Consultation.
6.2 The Provider is Insured with APA (Australian Physiotherapy Association). https://australian.physio/ . The Provider is a qualified Physiotherapist and is Registered as a Member of AHPRA (Australian Health Practitioner Regulation Agency) https://www.ahpra.gov.au/.
6.3 The Provider does not take any liability for any accidental injury that may occur during the Online Physiotherapy Consultation.

7. PAYMENT

The Client is required to process the booking and payment prior to the online physiotherapy session via the online booking system. Payment is set out in Australian Dollars (AUD) and is GST free. Payment amount is set out in the booking form.

8. RESCHEDULES

8.1 In the event that the Client requires a change to their appointment, notice of at least 12 hours via the online booking system, or altneratively, via email, or via the contact form on the web site.

8.2 In the event that the Client requires to reschedule with less than 12 hours notice, a $30.00 fee will apply, with the remainder to be refunded within 5-7 business days. Reschedules must be processed either via the online booking system, or alternatively, via email, or via the contact form on the web site.

9. CANCELLATIONS & NO SHOW

9.1 In the event that the Client requires to cancel to their appointment, notice of at least 12 hours is required and the Provider needs to be contacted directly via email, or via the contact form on the web site.

9.2 In the event that the Client requires to cancel with less than 12 hours notice, the full payment for the booking will be kept, and the Client will revoke eligibility for any refunds. Cancellations must be processed either via the online booking system, or alternatively, via email, or via the contact form on the web site.

9.3 In the event that the Client does not show to the booked appointment, the full payment for the booking will be kept, and the Client will revoke eligibility for any refunds.

10. TECHNICAL DIFFICULTIES

10.1 In the event that the Client or Provider encounter any technical difficulties; i.e. internet drop out, power outages, etc. These will be actioned on a case by case basis as deemed reasonable by the Provider.
10.2 In the event that there is a technical difficulty, the Provider will opt to call the Client via telephone, telephone consultations may be limiting, however, deemed appropriate in the context of technical difficulties.

10.3 In the event that the technical difficulty is the fault of the Client, no refunds will be processed.

10.4 It is the resposibility of the Client to ensure that they have access to a stable internet connection and adequate technology available.

11. PROVISION OF INFORMATION BY YOU

The Client acknowledges that in the delivery of online physiotherapy services by the Provider, the Provider is completely reliant upon the information that the Client provides us. In this regard, the Client agrees to provide us with:

  • accurate and complete information in response to the online questionnaires and any follow up questions which is asked of the Client; and
  • any information which could reasonably be expected to be relevant to the condition or treatment of the Client.

12. PROVISION OF ADVICE BY US

The Provider agrees to provide you with digital documents containing your treatment programme or other requested information via email within two business days.

In the event that the requested information is outside of the general enquiries scope, the Provider will communicate an appropriate timeline.

13. USING OUR ONLINE PHYSIOTHERAPY SERVICES

13.1 Full understanding required: The Client must not implement the treatment program or act on any advice unless it is fully understood. Please ask any questions before implementing any treatment program or acting on any advice provided by the Provider.

13.2 Cessation: The Client must immediately cease using the treatment program and cease acting upon any advice given by the Provider if any pain or discomfort is experienced. In these circumstances, the Client must contact the Provider as soon as possible.

13.3. Third persons: The Client must not provide the treatment program to any other person. The Provider assumes no duty of care in relation to any third persons.

14. LIABILITY

14.1 Statutory Terms: The laws in force in Victoria imply certain terms into contracts between consumers and businesses. These include warranties that the services of the Provider 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.

14.2 Exclusion: Subject to sub-clause (a) above and the Provider’s obligation under any law not to exclude or restrict liability to the Client, the Provider excludes all liability to the Client which is related in any way to the Client’s use of our online physiotherapy services:

  1. of whatever nature (whether any indirect, incidental, special or consequential loss or damage or otherwise, including loss of business or other profits); and
  2. however arising (whether through the law of negligence or tort generally, breach of contract, breach of statutory duty or otherwise).

14.3. Limitation: Where liability cannot be excluded under sub-clause (b) above, any liability incurred by the Provider in relation to the online physiotherapy services is limited to $1,000 unless specifically agreed an alternative amount with the Client. The Provider would be prepared to agree to increase the cap on our liability in return for the Client paying a higher fee for the online physiotherapy services.

15. PRIVACY

The Privacy Policy located at here forms part of this Agreement.

16. SECURITY AND COMPLIANCE

The provider uses a Telehealth Software called Cliniko.
All video calls are secured with end-to-end encryption and meet the same strict privacy and security standards as other Cliniko features. You can rest easy knowing your consultations are kept between just you and your patients.

Cliniko keeps your records safe, and all of our features are designed to meet the data protection regulations of Australian Privacy Principles, GDPR, PIPEDA and HIPAA.

Read more about how Cliniko keeps your data secure.

17. GOVERNING LAW

This Agreement is governed by the laws in force in the State of Victoria, Australia and the Client submits to the jursidiction of the courts in that State.

18. INTERPRETATION

In this document, unless the context clearly requires otherwise:

  1. The term “Client” as referenced to via this web site, which is owned and operated by Milos Stojanovic, trading as Online Physical (ABN 28 717 098 626), our successors and assignees;
  2. Words defined in the singular have the corresponding meaning in the plural;
  3. Reference to a “person” includes a reference to a corporation, association or other entity;
  4. Reference to a “written request” means a request submitted to us by email, by post, by fax or using the “contact us” form on the web site;
  5. Reference to the “Parties” means both you and us; and
  6. All monetary amounts are expressed in Australian dollars.
ONLINE FITNESS PROGRAM | TERMS & CONDITIONS

TERMS & CONDITIONS OF PURCHASE

1. 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 online fitness program as set out in this document and the documents incorporated by reference;

“Business Days” means any day other than a Saturday or a Sunday or a day declared as a public holiday under the Public Holidays Act 1993 (Vic);

“Online Physical” refers to us; the business.

“Physiotherapy services” means any physiotherapy or health-related services provided by us in return for a fee including any assessment, diagnosis, advice or treatment program; and

“Web site” means the web site located at the domain “www.onlinephysical.health” and on all sub-domains, folders and sub-folders on this domain.

“Client” refers to the person booking the service as displayed on our website.

“Provider” refers to the employees of Online Physical, which is inclusive of; administative services, I.T, customer service, physiotherapists.

2. SUPPLY OF ONLINE FITNESS PROGRAM

2.1 The Client hereby agrees to engage the Provider to provide the Client with the following online fitness program as set out in this Agreement.

2.2 The online fitness program consists of the following components, subject to the chosen program (Bronze, Silver, Gold):

  1. Initial Consultation (1 Hour)
  2. Online Mentorship Sessions (30 Minute Sessions)
  3. Tailored Training Program (PhysiApp)
  4. Online Coaching Sessions (1 Hour Sessions)

3. ONLINE FITNESS PROGRAM OPTIONS AND INCLUSIONS

3.1 Bronze 8 Week Program

  • 1 Hour Initial Consultation
  • 8 x 30 Minute Mentor Sessions
  • Custom Training Program
  • Access to Training App (PhysiApp)

3.2 Silver 8 Week Program

  • 1 Hour Initial Consultation
  • 4 x 30 Minute Mentor Sessions
  • 4 x 1 Hour Online Personal Training Sessions
  • Custom Training Program
  • Access to Training App (PhysiApp)

3.3 Gold 12 Week Program

  • 1 Hour Initial Consultation
  • 6 x 30 Minute Mentor Sessions
  • 12 x 1 Hour Online Personal Training Sessions
  • Custom Training Program
  • Access to Training App (PhysiApp)

4. ONLINE FITNESS PROGRAM COMPONENT OUTLINE

The Client agrees to provide the following components as specified below. The frequency of each component is subject to the chosen program (Bronze, Silver, Gold).

4. 1 Initial Consultation (1 Hour)

  • Introduction & meeting.
  • Comprehensive health assessment.
  • Previous training history.
  • Injury history.
  • Hobbies.
  • Training preference and style.
  • Dietary habits.
  • Weight goals.
  • Goals for the 8 week program and beyond.
  • Discussion of preferred mentor topics.
  • Scheduling and availability.
    • Mentor sessions.
    • Online training sessions.

4. 2 Online Mentorship Sessions (30 Minute Sessions)

  • Discussion of topics of your choice, covering the following but not limited to:
    • Strength principles.
    • Exercise energy systems.
    • Biomechanics
    • Anatomy.
    • Injury prevention.
    • Exercise metabolism.
    • Load management.
    • Exercise prescription.
    • SMART Goals.
    • Nutritional advice.
    • Training philosophy.
    • Provision of educational material.
  • Any subject or topic not on the list above should be mentioned to the Provider during the program.

4. 3 Tailored Training Program (PhysiApp)

  • Tailored exercise program.
  • Weekly adjustments.
  • Goal orientated program.
  • Access to PhysiApp (desktop & mobile)

4.4 Online Coaching Sessions (1 Hour Sessions)

  • Encrypted video call live coaching.
  • Technique adjustment and feedback.
  • Exercise prescription.
  • Load management.

5. CONSENT

The Client signifies consent to this Agreement by purchasing any online fitness program from the web site. This Agreement document does get updated from time to time, and remains current as of 23 August 2021.

If the Client is under 18 years of age, the Client will need to complete a digital consent form of a parent or legal guardian, who must also agree to:

  • be bound by this Agreement;
  • provide proper supervision in relation to the provision of information to us; and
  • provide proper supervision in relation to your use of our online fitness program.

6. PURPOSE AND NATURE OF OUR ONLINE FITNESS PROGRAM

The Client agrees that:

  • We are unable to guarantee that our online fitness program will guarantee results. We recommend treatments and provide education that we believe are likely (based upon our experience and training) to be effective, but we cannot guarantee results.

7. SUITABILITY OF OUR ONLINE FITNESS PROGRAM

To assist the Provider in providing the best possible service to the Client, the Client will be required to complete a patient onboarding form, which will be sent to upon subscription.

8. HEALTH & SAFETY

8.1 It is the responsibility of the Client to ensure that the environment is safe and accessible for any online components of the Online Fitness Program (mentorship and online coaching).
8.2 The Provider is Insured with APA (Australian Physiotherapy Association). https://australian.physio/ . The Provider is a qualified Physiotherapist and is Registered as a Member of AHPRA (Australian Health Practitioner Regulation Agency) https://www.ahpra.gov.au/.
8.3 The Provider does not take any liability for any accidental injury that may occur during any components of the Online Fitness Program.

9. PAYMENT

9.1 The Client is required to process the payment subscription sign up prior to access and commencement of the online fitness program via the online booking system. Payment is set out in Australian Dollars (AUD) and is subject to 10% GST. GST is included in the pricing as set out in the booking form.

9.2 The payment subscription is supported by Stripe.com, and will be billed weekly as per the program chosen. Billing will automatically occur 7 days from the initial payment.
9.3 Pricing per program is as follows:

  • Bronze | 8 Week Online Fitness Program
    • $125 AUD per week
    • Total $1,000 AUD
  • Silver | 8 Week Online Fitness Program
    • $160 AUD per week
    • Total $1,280 AUD
  • Gold | 12 Week Online Fitness Program
    • $210 AUD per week
    • Total $2,520 AUD

10. FAILURE TO PAY

10.1 Failure to pay will result in the forfeit of access to the Online Fitness Program, including access to the components of the chosen package.

10.2 Client details will be kept for 30 days from failure to pay, with the option of reinstatement of the account, subject to payment. After 30 days, the Client will be required to start a new program to regain access.

11. RESCHEDULES

11.1 In the event that the Client requires a change to their initial appointment, notice of at least 12 hours via the online booking system, or alternatively, via email, or via the contact form on the web site.

11.2 In the event that the Client requires a change to their subsequent appointments (mentor sessions, online coaching sessions), notice of at least 12 hours via the online booking system, or alternatively, via email, or via the contact form on the web site.

11.3 The Client is eligible for 1 x Reschedule per 8 week program, more than 1 Reschedule will result in forfeiting the Rescheduled appointment (mentor session, online coaching session).

11.4 In the event that the Client requires to reschedule with less than 12 hours notice, this will result in forfeiting the appointment. Reschedules must be processed either via the online booking system, or alternatively, via email, or via the contact form on the web site.

12. CANCELLATIONS & NO SHOW

12.1 In the event that the Client requires to cancel to their appointment (mentor session, online coaching session), notice of at least 12 hours is required and the Provider needs to be contacted directly via email, or via the contact form on the web site.

12.2 In the event that the Client requires to cancel with less than 12 hours notice, the full payment for the booking will be kept, and the Client will revoke eligibility for any refunds. Cancellations must be processed either via the online booking system, or alternatively, via email, or via the contact form on the web site.

12.3 In the event that the Client does not show to the booked appointment (mentor session, online coaching session), this will result in a forfeit of that cancelled appointment and the Client will revoke eligibility for any refunds.

13. TECHNICAL DIFFICULTIES

13.1 In the event that the Client or Provider encounter any technical difficulties; i.e. internet drop out, power outages, etc. These will be actioned on a case by case basis as deemed reasonable by the Provider.
13.2 In the event that there is a technical difficulty, the Provider will opt to call the Client via telephone, telephone consultations may be limiting, however, deemed appropriate in the context of technical difficulties.

13.3 In the event that the technical difficulty is the fault of the Client, no refunds will be processed.

13.4 It is the resposibility of the Client to ensure that they have access to a stable internet connection and adequate technology available.

14. PROVISION OF INFORMATION BY THE CLIENT

The Client acknowledges that in the delivery of online fitness programs by the Provider, the Provider is completely reliant upon the information that the Client provides us. In this regard, the Client agrees to provide us with:

  • accurate and complete information in response to our online questionnaires and any follow up questions which we ask of the Client; and
  • any information which could reasonably be expected to be relevant to the condition or treatment of the Client.

15. PROVISION OF ADVICE BY US

The Provider agrees to provide you with digital documents containing your treatment programme or other requested information via email within two business days.

In the event that the requested information is outside of the general enquiries scope, the Provider will communicate an appropriate timeline.

16. USING OUR ONLINE FITNESS PROGRAM

16.1 Full understanding required: The Client must not implement the treatment program or act on any advice unless it is fully understood. Please ask any questions before implementing any treatment program or acting on any advice provided by the Provider.

16.2 Cessation: The Client must immediately cease using the treatment program and cease acting upon any advice given by the Provider if any pain or discomfort is experienced. In these circumstances, the Client must contact the Provider as soon as possible.

16.3 Third persons: The Client must not provide the treatment program to any other person. The Provider assumes no duty of care in relation to any third persons.

17. LIABILITY

17.1 Statutory Terms: The laws in force in Victoria imply certain terms into contracts between consumers and businesses. These include warranties that the services of the Provider 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.

17.2. Exclusion: Subject to sub-clause (a) above and the Provider’s obligation under any law not to exclude or restrict liability to the Client, the Provider excludes all liability to the Client which is related in any way to the Client’s use of our online fitness program:

  1. of whatever nature (whether any indirect, incidental, special or consequential loss or damage or otherwise, including loss of business or other profits); and
  2. however arising (whether through the law of negligence or tort generally, breach of contract, breach of statutory duty or otherwise).

17.3. Limitation: Where liability cannot be excluded under sub-clause (b) above, any liability incurred by the Provider in relation to the online fitness program is limited to $1,000 unless specifically agreed an alternative amount with the Client. The Provider would be prepared to agree to increase the cap on our liability in return for the Client paying a higher fee for the online fitness program.

18. PRIVACY

The Privacy Policy located at here forms part of this Agreement.

19. SECURITY AND COMPLIANCE

The provider uses a Telehealth Software called Cliniko.
All video calls are secured with end-to-end encryption and meet the same strict privacy and security standards as other Cliniko features. You can rest easy knowing your consultations are kept between just you and your patients.

Cliniko keeps your records safe, and all of our features are designed to meet the data protection regulations of Australian Privacy Principles, GDPR, PIPEDA and HIPAA.

Read more about how Cliniko keeps your data secure.

20. GOVERNING LAW

This Agreement is governed by the laws in force in the State of Victoria, Australia and the Client submits to the jursidiction of the courts in that State.

21. INTERPRETATION

In this document, unless the context clearly requires otherwise:

  1. The term “Client” as referenced to via this web site, which is owned and operated by Milos Stojanovic, trading as Online Physical (ABN 28 717 098 626), our successors and assignees;
  2. Words defined in the singular have the corresponding meaning in the plural;
  3. Reference to a “person” includes a reference to a corporation, association or other entity;
  4. Reference to a “written request” means a request submitted to us by email, by post, by fax or using the “contact us” form on the web site;
  5. Reference to the “Parties” means both you and us; and
  6. All monetary amounts are expressed in Australian dollars.