Terms and Conditions - Telehealth
Our Practitioners agree to provide the osteopathy services to you on the terms set out in this Agreement. This document represents the entire understanding between the Parties, and – except for those terms implied by law and which cannot be excluded, and any other terms specifically incorporated by reference – no other terms apply.
You signify your consent to this Agreement by purchasing any osteopathy service or exercise physiology service from the web site. We do alter this Agreement from time to time, and you must review this document before each purchase. This document was last changed on the 24th of March 2020.
If you are under 18 years of age, you must provide us with the written consent of your parent or 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 osteopathy services
PURPOSE AND NATURE OF OUR OSTEOPATHY AND EXERCISE PHYSIOLOGY SERVICES
You acknowledge that –
- no online service is a perfect substitute for an “in person” consultation with an osteopath or exercise physiologist; 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
SUITABILITY OF OUR OSTEOPATHY AND EXERCISE PHYSIOLOGY SERVICES
It may become obvious to us that our osteopathy and exercise physiology services are not suitable for you. In these circumstances, we will not provide the osteopathy or exercise physiology services to you.
PROVISION OF INFORMATION BY YOU
You acknowledge that in delivering our osteopathy or exercise physiology services, we are completely reliant upon the information that you provide us. In this regard, you agree to provide us with:
- accurate and complete information in response to our online questionnaires and any follow up questions which we ask of you; and
- any information which could reasonably be expected to be relevant to your condition or treatment.
PROVISION OF ADVICE BY US
We agree to provide you with a written document containing your treatment programme or other requested information by email within two business days.
PROVIDERS OF SERVICES
Nothing in these terms (including the exclusions and limitations in this section) excludes, restricts or modifies any guarantee, right or remedy that under law cannot be excluded, modified or restricted such as your statutory consumer guarantee rights, including under Law.
Subject to such legislation:
- Payments are received by The Osteo Collective Pty Ltd as agent for businesses that provide services to customers (“Practitioners”).
- The Osteo Collective Pty Ltd is not a provider of services and Practitioners provide these services directly to customers. The Osteo Collective Pty Ltd has no responsibility for any services provided or not provided to you by the Practitioners or any other party.
- The Osteo Collective Pty Ltd makes no warranty or representation regarding the standard of any service to be provided to you by the Experience Provider.
- The Osteo Collective Pty Ltd does not control the business operations of any Practitioner.
- The Osteo Collective Pty Ltd make no guarantees or warranties about the services that are provided to you by the Practitioners.
USING OUR OSTEOPATHY OR EXERCISE PHYSIOLOGY SERVICES
- Full understanding required: You must not implement our treatment program or act on any advice unless you fully understand it. Please ask any questions before implementing any treatment program or acting on any advice provided by us.
- Cessation: You must immediately cease using our treatment program and cease acting upon any advice give by us if you experience any pain or discomfort. In these circumstances, you must contact us as soon as possible.
- Third persons: You must not provide our treatment program to any other person. We assume no duty of care in relation to any third persons.
Nothing in these terms (including the exclusions and limitations in this section) excludes, restricts or modifies any guarantee, right or remedy that under law cannot be excluded, modified or restricted such as your statutory consumer guarantee rights, including under the Law.
Subject to such legislation, The Osteo Collective Pty Ltd has:
- No liability for any act, omission or default, whether negligent or otherwise of any Practitioner or third party.
- No liability for any loss or damage occasioned by any negligent act or omission of any Practitioner or third party.
- Where The Osteo Collective Pty Ltd’s liability cannot be excluded, such liability is limited to the value of the serivce purchased.
There are risks associated with all health procedures. Serious and permanent harm arising from osteopathic treatment and advice is extremely rare; however, temporary soreness and exacerbations are relatively common.
Practitioners warrant that they maintain appropriate public liability insurance for all risks associated with its business and service provisions. We make no warranty or representation about their business or services whatsoever (subject to your statutory consumer guarantee rights). The responsibility rests with you to make independent enquiries with the Practitioner or other third parties as to the need to acquire your own insurance cover.
We reserve the right to change prices without notice.
The purchase is valid only for the service selected.
Payment is required prior to the consult. You are able to pay via credit card online, over the phone, or via bank transfer. If a suitable connection is not able to be established, or if we deem you environment to not be appropriate to conduct a telehealth consultation (ie not enough room to perform exercises/examinations), we will offer to reschedule your appointment. If an appropriate time cannot be found, we will refund your payment.
No refunds are offered for change of mind or late cancellations under 24 hours. Reschedules are permitted if prior to 24 hours, and no charge will be incurred.
This Agreement is governed by the laws in force in the State of Victoria, and you submit to the jurisdiction of the courts in that State.
THE OSTEO COLLECTIVE PTY LTD LEGAL ENTITIES
The Osteo Collective Pty websites (theosteocollective.com.au) is owned and operated by The Osteo Collective Pty Ltd (ABN 69 624 283 281) herein referred to as “The Osteo Collective Pty Ltd”.
You agree to indemnify and hold The Osteo Collective Pty Ltd (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (direct or indirect) including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
In this document, the following terms have the following meanings unless the context clearly requires otherwise:
“Agreement” means the terms and conditions of purchasing our osteopathy 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);
“The Osteo Collective Pty Ltd” means us;
“Osteopathy services” means any osteopathy or health-related services provided by us in return for a fee including any assessment, diagnosis, advice or treatment program; and
“Exercise Physiology services” means any exercise physiology or health-related services provided by us in return for a fee including any assessment, advice or treatment program; and
“Web site” means the web site located at the domain “theosteocollective.com.au” and on all sub-domains, folders and sub-folders on this domain.
“Practitioner” means the actual practitioner who consults with you and provides advice during your consultation.
In this document, unless the context clearly requires otherwise:
The terms “we”, “us” and “our” are references to are provided via this web site, which is owned and operated by The Osteo Collective Pty Ltd, trading as The (ABN 69 624 283 281), our successors and assignees;
Words defined in the singular have the corresponding meaning in the plural;
Reference to a “person” includes a reference to a corporation, association or other entity;
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;
Reference to the “Parties” means both you, us and the practitioner; and
All monetary amounts are expressed in Australian dollars.