WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
a. Welcome to www.alinemoves.com.au (the ‘Website’). The Website supports the provision/supply of Sports and Exercise Physiotherapy (via telehealth/digital health practice) and Mountain-bike skills coaching services (the ‘services’)
b. The website is operated by A Line Moves Pty Ltd (ACN 649825338/ABN 36649825338 ; ‘Our, we or us’). Access to and use of the Website, or any of its associated Products or Services, is provided by A Line Moves Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website or by registering for any of our services, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
c. A Line Moves Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
a. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by A Line Moves Pty Ltd in the user interface.
3. Medical Emergencies
a. A Line Moves Pty Ltd provides a Sports and Exercise Physiotherapy telehealth/digital practice with specific expertise in the management of cycling-related injuries and sports performance. If you are suffering from an emergency or critical symptom then we are not the right place for you. Emergency or critical symptoms may include:
i. Severe chest pain
ii. Sudden onset numbness or weakness in the face, arm or leg, particularly on one side of the body
iii. Changes in bladder/bowel control or altered sensation around the groin
iv. Loss of consciousness
v. Severe bleeding
vi. Unexplained breathing difficulty
vii. Feeling unsteady or clumsy when walking
viii. Unexplained weight loss
ix. Fever or feeling systemically unwell
x. Constant pain that has not changed in a 24-hour period
b. If you are having any of the above symptoms or think you may be experiencing Emergency symptoms please seek immediate medical assistance by calling 000 (if in Australia) or by contacting your treating General Practitioner.
4. Registration to use the Services
a. In order to access the Services, you must first register through the Website (the ‘Account’).
b. To access our Services and as part of continued use of our Services, you must first provide Personal information about yourself (such as identification or contact details) and Health information including
i. Email address
ii. Preferred username
iii. Mailing address
iv. Telephone number
v. Date of birth
vi. Health background and screening tool to determine eligibility for our Services
c. You warrant that any information you give to A Line Moves Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
d. Following registration and acceptance as a client, you will need to make a payment as set out on the Website.
e. Once you have completed the registration process, you will be a registered client of the Website (‘Client’) and agree to be bound by the Terms.
f. You may not use the Services and may not accept the Terms if:
i. You are not of legal age and you do not have the consent of your parent/legal guardian to form a binding contract with A Line Moves Pty Ltd; or
ii. You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are a resident or from which you use the Services.
5. Your Obligations as a Client
a. As a Client, you agree to comply with the following:
i. You will use the Services only for the purposes that are permitted by:
1. The Terms; and
2. Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
ii. You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
iii. Any use of your registration information by any other person, or third parties is strictly prohibited. You agree to immediately notify A Line Moves Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware
iv. Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of A Line Moves Pty Ltd providing the Services;
v. You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of A Line Moves Pty Ltd;
vi. You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
vii. You acknowledge and agree that any automated use of the Website or its Services is prohibited.
6. Payment
a. Where the option is given to you, you may make payment for the Services (the ‘Service Fee’) by way of:
i. Credit Card Payment (‘Credit Card’)
ii. HICAPS (‘HICAPS’)
iii. Direct Debit bank transfer (‘Direct Debit’)
b. All payments made in the course of your use of the Services may be made via a third-party provider (‘Payment Provider’), e.g. Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Payment Provider terms and conditions which are available on their website. We are not liable for the security or performance of the Payment Provider.
c. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
d. You agree and acknowledge that A Line Moves Pty Ltd can vary the Services Fee at any time
e. Unless otherwise agreed in writing:
i. If A Line Moves Pty Ltd issues an invoice to you, payment must be made by the time specified in such invoice
ii. In all other circumstances, you must pay for all Services on or prior to A Line Moves Pty Ltd providing you with the Services.
7. Refund Policy
a. A Line Moves Pty Ltd will provide a refund of the Services Fee in the event we are unable to continue to provide the Services or if the director of A Line Moves Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
b. Cancellations of appointments with greater than 24 hours notice will be eligible for a full refund of the original Services Fee, less a $5 booking fee.
c. Cancellations of appointments with less than 24 hours notice will be eligible for a refund of 50% of the original Services Fee.
d. Non-attendance or missed appointments without prior cancellation or re-scheduling will not be eligible for a refund.
8. Copyright and Intellectual Property
a. The Website, the Services and all of the related products of A Line Moves Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to: text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by A Line Moves Pty Ltd or its contributors.
b. All trademarks, service marks and trade names are owned, registered and/or licensed by A Line Moves Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license while you are a Client to:
i. Use the Website pursuant to the Terms;
ii. Copy and store the Website and the material contained in the Website in your device’s cache memory; and
iii. Print pages from the Website for your own personal and non-commercial use.
A Line Moves Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by A Line Moves Pty Ltd.
c. A Line Moves Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
i. Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
ii. A right to use or exploit a business name, trading name, domain name, trade mark or industrial design;
iii. A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process) to you.
d. You may not, without the prior written permission of A Line Moves Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. Privacy
a. A Line Moves Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to A Line Moves Pty Ltd’s Privacy Policy, which is available on the Website.
10. General Disclaimer
a. A Line Moves Pty Ltd provides you with the Services based on the information you provide to us. For the best possible outcome, information provided for the purpose of your treatment must be accurate and complete.
b. No online service is a perfect substitute for an ‘in person’ consultation with a Physiotherapist and as with ‘in person’ therapies, we are unable to guarantee that our program will result in a cure for your particular complaint or condition. We recommend treatments that we believe are likely (based on our experience and training) to be effective, but we cannot guarantee results.
c. If you experience any unexpected pain or discomfort, immediately cease using our treatment program and contact us as soon as possible.
d. You must not provide our treatment program to any other person. We assume no duty of care in relation to any third persons.
e. Free content, blog and/or social media posts are not personal treatments and by their nature, intended for general information only. These are not intended to be comprehensive and must not be relied upon as a substitute for any physiotherapy or medical treatment. Nor does the mere use of the Website or free content, blog and/or social media posts create a practitioner-client relationship between you and us.
f. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
g. Subject to this clause, and to the extent permitted by law:
i. All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
ii. A Line Moves Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
h. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you ‘as is’ and ‘as available’ without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of A Line Moves Pty Ltd make any express or implied representation or warranty about the Services or any products of A Line Moves Pty Ltd referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
i. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
ii. The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third-party material and advertisements on the Website);
iii. Costs incurred as a result of you using the Website, the Services or any of the products of A Line Moves Pty Ltd; and
iv. The Services or operation in respect to links which are provided for your convenience.
11. Limitation of Liability
a. A Line Moves Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you or the payment of the cost of having them supplied again.
b. You expressly understand and agree that A Line Moves Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12. Termination of Contract
a. The Terms will continue to apply until terminated by either you or by A Line Moves Pty Ltd as set out below.
b. If you want to terminate the Terms, you may do so by:
i. Providing A Line Moves Pty Ltd with 14 days’ notice of your intention to terminate; and
ii. Closing your accounts for all of the services which you use, where A Line Moves Pty Ltd has made this option to you.
Your notice should be sent, in writing, to A Line Moves Pty Ltd via the ‘Contact Us’ link on our homepage
c. A Line Moves Pty Ltd may at any time, terminate the Terms with you if:
i. You have breached any provision of the Terms or intend to breach any provision;
ii. A Line Moves Pty Ltd is required to do so by law;
iii. The provision of the Services to you by A Line Moves Pty Ltd is, in the opinion of A Line Moves Pty Ltd, no longer commercially viable.
d. Subject to local applicable laws, A Line Moves Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts A Line Moves Pty Ltd’s name or reputation or violates the rights of those of another party.
13. Indemnity
a. You agree to indemnify A Line Moves Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
i. All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with our Services
ii. Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
iii. Any breach of the Terms
14. Dispute Resolution
a. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
b. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice ot the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
c. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
i. Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
ii. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Health Services Commissioner or his or her nominee.
iii. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
iv. The mediation will be held in Canberra, Australia.
d. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as ‘without prejudice’ negotiations for the purpose of applicable laws of evidence.
e. Termination of Mediation
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15. Venue and Jurisdiction
a. The Services offered by A Line Moves Pty Ltd are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving nay dispute shall be in the courts of the Australian Capital Territory, Australia.
16. Governing Law
a. The Terms are governed by the laws of Australian Capital Territory, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of the Australian Capital Territory, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
a. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
18. Severance
a. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.