Terms & Conditions
Age Well For Life EP Terms & Conditions:
1. Information on this website (AgeWellForLife.com.au)
a. No information contained on this website is intended to be used as medical advice and the information contained is not intended to be used to diagnose, treat, cure or prevent any medical or mental health condition or for any therapeutic purposes. Before relying on any information on this website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.
b. The contents of the Age Well For Life Exercise Physiology web site, such as text, graphics, images, and other material contained on the website deemed as content are for informational and entertainment purposes only. The information provided is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your therapists, physician or other qualified health provider with any questions you may have regarding a medical condition.
c. To the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from the information provided. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material in our emails, social media or on the Website.
d. We may provide health, fitness or nutritional information for educational purposes. We do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation.
e. The Age Well For Life Exercise Physiology website, website courses, and social media accounts may contain hyperlinks to other third party websites. Such links are provided for convenience only and we take no responsibility for the content of any hyperlink.
f. Nutritional information may be provided on this website and may be taken from sources provided by third parties. Before relying on any nutritional information provided, you should carefully evaluate the accuracy, completeness and relevance of this information for your own needs, and obtain appropriate expert medical advice relevant to your circumstances. We give no warranty that the information provided is free from error or suitable for your needs.
2. Injury
a. You are responsible for making your own inquiries and agree to seek independent advice from a healthcare professional before acting on any information or material made available to you on this website, email or social media. Our information may not be suitable for your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.
b. You agree that this website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) that advice.
c. We are not responsible for any injuries that you may suffer as a result of following information that we have provided.
d. To the extent that we supply any ‘recreational services’ or ‘recreational activities’ within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide as part of the Program. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.
3. Quality of the information
a. You acknowledge that the information provided may not be error-free or uninterrupted. We do not warrant that any computer files as part sending information will be free of viruses or contamination or destructive features. Receipt of emails, or other communications such as via social media accounts from us cannot be guaranteed. However, we will use our best endeavours to provide an alternative form of communication wherever possible.
4. Security of Information
a. No data transmission can be guaranteed as secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
5. Third party products or services
a. Age Well For Life EP is part of several affiliate sales networks. This means that many of the companies whose products you see listed on this site pay us referral fees for sending them customers for certain products of theirs. When you click to buy those products using the links that you find on this site, we receive compensation from the company that sells the product. Being a part of these networks makes it possible to continue to provide the latest health and fitness information free to our loyal readers.
Opinions presented on the site are those of Age Well For Life EP. While we do our best to cover as many health and nutrition products as possible, the site does not include all available products or offers.
Age Well For Life EP greatly appreciate it when you choose to use our links to buy products and we aim to be upfront about products we receive compensation for.
Affiliate networks include Amazon.com.au and many other smaller affiliate networks.
Amazon Disclosure
AgeWellForLife.com.au is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com.au and affiliated sites.
For questions about this website, please contact us.
6. Liability
a. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from use of the information provided by us including acts, omissions and conduct of any person. Where information is made available to you by third parties, for example via our social media pages, we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
b. To the extent permitted by law, in no event will Age Well For Life EP employees be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the information; regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
c. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition.
7. Indemnity
a. You agree to indemnify and keep us, our employees, agents and subcontractors, indemnified from and against any claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, our employees, agents and subcontractors, or any third party, which arises as a result of your breach of these Terms of Use or as a result.
b. You agree to indemnity and hold us, our employees, agents and subcontractors, harmless against all demands, claims, causes of action, interest and costs which we, our employees, agents and subcontractors, may suffer as a result of your negligent actions and omissions.
c. You agree to indemnity us and our employees, agents and subcontractors, against all liability for loss, costs, damages, interest and expenses (including all legal costs incurred by us on a full indemnity basis) which may be paid, suffered or incurred by us, our employees, agents and subcontractors, in connection with any proceedings commenced by any person against us in any way relating to your conduct. Any such amounts will be payable by you on demand by us.
8. Intellectual Property
a. Unless otherwise indicated, the website (including but not limited to its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us.
b. We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use the information solely for your personal, non-commercial purposes and only for those purposes. No part of the Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
9. Variation
a. You agree to be bound by the latest version of the Terms of Use. We may vary, amend or add to these Terms of Use at any time.
10. Personal Information Collection Notice
a. In registering for access to our Website, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then we may not be able to provide all or some of our service to you.
b. We collect, use and disclose your personal information for the reasons set out in our Privacy Policy. We usually disclose personal information that we collect on a confidential basis to our contractors and service providers (including financial service providers) so that they can provide services to us (so that we may provide services to you). Unless you ask us not to, we may also use your personal information to send updated information and other promotional material to you.
c. You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in our Privacy Policy. You also consent to us using and disclosing information about you for the purposes of displaying your User Content, displaying the results of competitions, promoting the service and encouraging other members as well as to financial service providers to allow processing of your payments.
d. The Privacy Policy document contains information about how you may access personal information that we hold about you, and how you may notify us about a breach of the privacy laws.
11. Survival
a. The terms underneath the following headings survive the termination and expiry of this agreement: “limitation of liability”, “indemnity”, “intellectual property” and “user-generated content”.
12. General
a. These Terms of Use constitute the entire agreement between you and us and governs your use of the information provided and supersedes any prior version of these Terms of Use between you and us with respect to the Website.
b. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect.
c. In these Terms of Use references to the parties is to be read as references to or including, as appropriate, their respective successors, transferees and assigns as well as employees, partners, agents and related bodies corporate.
d. If a provision, or part of a provision, of these Terms of Use are void or voidable that provision is servable and the remainder of this Agreement has full fare and effect.
e. You must not assign any of your obligations under the Terms of Use without our prior written approval. We may assign our obligations under the Terms of Use without prior notice to you.
13. Marketing Material
a. We may use your personal information to provide you with material, promotions and communications from time to time about services and products available to you from us, or from other service providers in partnership with us, or to invite you to continue to use our services. This information will only come from us. We will not on-sell your personal information to other providers without your consent.
b. You may opt out of receiving promotional materials from us at any time by contacting us.
14. Accessing Personal Information
14.1. It is your responsibility to advise us of any changes to your personal details to ensure we can keep our records accurate and up to date. If you believe that the personal information we hold about you is incorrect, you are entitled to request amendment of such information. You may also request that we delete the personal information that we hold about you. Please note that if we delete your contact information, we may not be able to provide you with the Program.
14.2. If you request us not to use personal information in a particular manner or at all, we will adopt reasonable measures to observe your request but we may, to the extent permitted by law, still use or disclose your information if you subsequently consent to the disclosure or we believe the use or disclosure is reasonably necessary to assist a law enforcement agency or as otherwise required or authorised by law. If you know the information we hold about you is not accurate or complete, please notify us.
Exercise Physiology Therapy Terms and Conditions
The client (or parent in case of U/16) at all times understands and agrees to the following terms and conditions:
(1) Age Well For Life Exercise Physiology has full authority to release or obtain any information/documents to or from any referring medical practitioner, any referring health provider, the relevant insurance company and/or my stated legal advisor regarding my current medical condition that pertains to my treatment.
(2) Age Well For Life Exercise Physiology will provide treatment to me.
(3) I will be at all times responsible for payment of my account in full.
(4) I will need to provide payment of my account in full until the approval for any compensation claim has been confirmed.
(5) I remain liable to pay any unrecovered amounts on demand by Age Well For Life Exercise Physiology
(6) If there is a delay in payment of any treatment costs by longer than 60 days, I acknowledge that a late payment fee of $25 plus GST will apply monthly.
DEBT COLLECTION POLICY
In the event where this account is not paid within our trading terms the following shall apply:
(a) Age Well For Life Exercise Physiology shall without prejudice to any other remedies available to it be entitled to charge an administration fee of $25 plus GST per month for any unpaid account of 60 days or longer
(b) In the event where you fail to pay the whole amount due within 7 days of being so requested to do so by Age Well For Life Exercise Physiology in writing then we shall be at liberty to instruct a Collection Agency and or solicitors to recover the monies outstanding and you shall be liable for any costs, charges, commissions and expenses reasonably and properly payable by us to such Collection Agency and/or solicitors relating to recovery of such sum.
(c) Any money recoverable by us from you pursuant to the above clauses (a) and (b) shall be added to the amount otherwise due and shall be recoverable as a liquidated debt.
CANCELLATION POLICY
Age Well For Life EP values your time in addition to the time of the quality exercise physiology services provided by your practitioner.
As a mobile allied health service, late cancellations can really cost this small businesses dearly.
Traditional exercise physiology/physiotherapy clinics can conveniently fill in a replacement appointment for cancellations. However, as a purely mobile EP service last minute cancellations are much more problematic.
When appointments are made, this time is reserved especially for the client in addition to blocking out time to travel to and from a clients home, often with times of up to 30 mins each way.
Therefore, in order to be able to afford to continue operating as a viable business, Age Well For Life EP must strictly enforce our cancellation policy, which is as follows:
Age Well For Life EP requires a minimum of 24 hours notice if you wish to cancel your appointment.
If you cancel or do not attend a scheduled exercise physiology appointment without providing at least 24 hrs notice Age Well For Life EP will charge you the full cost of the treatment.
Therefore, it is in both Age Well For Life EP and their clients best interest to give as much notice as possible of any appointment changes.