PhysiKits Terms & Conditions

This agreement governs your use of the PhysiKits Platform (Platform), which includes the PhysiKits digital courses, the PhysiHub community, and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, PhysiKits Pty Ltd [ABN: 35 686 775 557] (“the Company, we or us”). “Users” will collectively refer to you and other Users of the Platform.

The Platform is intended to provide materials and resources, including but not limited to physiotherapy toolkits, guides, instructional videos, and other related content (Service Content). These materials are designed to support Users in understanding and engaging with physiotherapy practices and principles. The Company curates the Service Content to ensure it is informative and educational, facilitating Users' access to physiotherapy knowledge and techniques.

When we talk about the “Services” in this agreement, we are referring to the provision of the Platform, Service Content, and any associated services we offer through our website or other channels.

1 ELIGIBILITY

(a) This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:

(i) over the age of 18 years and accessing the Platform for personal use; or

(ii) accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.

(b) Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.

(c) If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so.

(d) If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2 ACCOUNTS AND FEES

2.1 ACCOUNTS

(a) In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).

(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by the Company from time to time.

(c) You warrant that any information you give to the Company in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

(d) Correspondence between Users may take place on the Platform via a Community Forum (Community Forum). You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details or password to any other User.

(e) Once you complete the Account registration process, the Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.

(f) The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

(g) The Company may, in its absolute discretion, suspend or cancel your Account or remove you from the Community Forum for any reason, including for any failure to comply with this agreement.

2.2 FEES

(a) Using the Platform is free of charge.

(b) Service Content and the Community Forum is accessible to Users only upon the full payment of applicable fees ("Fees").

(c) Fees to access the Service Content can be paid in the following formats:

(i) A one-off Fee for specific item(s) of Service Content (e.g. PhysiKit); or

(ii) A monthly subscription Fee for access to the extended library of Service Content on the Platform (e.g., PhysiHub Plus).

The amounts of these Fees will be set out on our Platform and/or website depending on the level of access and/or Service Content paid for on the Platform.

(d) The Company reserves the right to terminate or suspend the User's Account if the Fees are not paid for any respective Service Content. Access to the Platform and Service Content will be restored promptly upon receipt of full payment.

(e) Fees are to be paid by Users through the Company’s Online Payment Partner or any other method determined by the Company as notified to Users from time to time.

2.3 REFUNDS

(a) The Company has a discretionary refund policy, whereby requests for refunds will be considered on a case-by-case basis.

(b) Users seeking a refund must submit their request in writing, detailing the grounds for the refund.

(c) The Company will review each request and determine eligibility for a refund at its discretion.

(d) This refund policy does not limit any remedies available to Users at law, including those under the Competition and Consumer Act 2010 (Cth), which may entitle Users to certain rights and remedies, such as a refund, replacement, or repair in the event of a failure with the goods or services provided.

3 USER OBLIGATIONS

As a User, you agree:

(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other user or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;

(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify the Company of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;

(c) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive our Services, including by not using the Platform:

(i) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and

(ii) in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by the Company;

(d) not to act in any way that may harm the reputation of the Company or associated or interested parties or do anything at all contrary to the interests of the Company or the Platform;

(e) not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of the Company;

(f) that the Company may change any features of the Platform or Services offered through the Platform at any time without notice to you;

(g) that information given to you through the Platform, by the Company or another User, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and

(h) that the Company may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

4 POSTED MATERIALS

4.1 WARRANTIES

By providing or posting any information, photos, comments, discussion, materials or other content on the Platform including the Community Forum (Posted Material), you represent and warrant that:

(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);

(b) you have consent from any other individuals who are filmed, recorded, photographed or in any other way utilised in your Posted Material;

(c) the Posted Material is accurate and true at the time it is provided;

(d) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

(e) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;

(f) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;

(g) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

(h) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and

(i) the Posted Material does not breach or infringe any applicable laws, including personal and sensitive information as defined in the Privacy Act 1988 (Cth).

4.2 LICENCE

(a) You grant to the Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for the Company to use, exploit or otherwise enjoy the benefit of such Posted Material.

(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release the Company from any and all claims that you could assert against the Company by virtue of any such moral rights.

(c) You indemnify the Company against all damages, losses, costs and expenses incurred by the Company arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

4.3 REMOVAL

(a) The Company acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, the Company may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.

(b) You agree that you are responsible for keeping and maintaining records of Posted Material.

4.4 INFRINGING CONTENT ON THE PLATFORM

(a) If you become aware of Posted Material on the Platform that infringes the Intellectual Property Rights of any person, or is reasonably likely to, please contact us immediately at “[email protected]”.

(b) If you submit a complaint or contact us:

(i) you warrant that the substance of the complaint is accurate, true and involves infringement of copyright;

(ii) you acknowledge and agree that groundless threats of legal proceedings in relation to copyright infringement may be prohibited under applicable law (for example, Australia’s Copyright Act 1968, or equivalent laws wherever you are located); and

(iii) you agree to indemnify the Company in relation to any loss or damage that may arise in relation to your complaint, including in relation to any third party claim that the complaint contains a groundless threat.

5 ONLINE PAYMENT PARTNER

(a) Our preferred third-party online payment partner is Kajabi Payments, powered by Stripe Payments Australia Pty Ltd ACN 160 180 343, also commonly referred to as ‘Stripe’ (Online Payment Partner); and we will utilise the Online Payment Partner to collect payments on the Platform, including for our Services.

(b) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions, and privacy policies of Kajabi and Stripe. Kajabi’s terms and conditions are available at: https://legal.kajabi.com/ and Stripe’s terms and conditions are available at: https://stripe.com/au/legal/ssa, as amended from time to time.

(c) You agree to release the Company and its employees and agents from liability for loss, damage, or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, excluding any gross negligence or wilful misconduct by the Company in the selection or oversight of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.

(d) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

6 SERVICE LIMITATIONS AND ENHANCEMENTS

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

(a) the Platform may have errors or defects (or both, as the case may be);

(b) the Platform may not be accessible at times;

(c) messages sent through the Platform may not be delivered promptly, or delivered at all;

(d) information you receive or supply through the Platform may not be secure or confidential; and

(e) any information provided through the Platform may not be accurate or true.

(f) We may from time to time, in our absolute discretion, release enhancements to the Platform, meaning an upgraded, improved, modified or new versions of the Platform (Enhancements). Any Enhancements to the Platform will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.

(g) We may change any features of the Platform at any time without notice; however, will endeavour to notify all Users for significant changes or Enhancements.

7 INTELLECTUAL PROPERTY

(a) The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services and Service Content (including text, graphics, logos, design, icons, images, sound and video recordings, downloads and software) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

(b) You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from the Company or as permitted by law.

(c) In this clause “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

8 THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). The Company accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

9 DISPUTES BETWEEN USERS

(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.

(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to the Company via “[email protected]”. We will assess the complaint and attempt to quickly and satisfactorily resolve it.

(c) Any costs you incur in relation to a complaint or dispute will be your responsibility.

(d) The Company has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.

(e) The Company reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.

(f) If you have a dispute with the Company, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.

(g) Notwithstanding any other provision of this clause 9, you or the Company may at any time, terminate your access to the Community Forum, cancel your Account or discontinue your use of the Platform.

10 USE OF KAJABI

The Platform is hosted on Kajabi, a third-party service provider, and more information about Kajabi’s policies such as their Terms of Service and Privacy Policy can be found on their website at https://legal.kajabi.com/.

a) The Company does not control, and is not liable for, any acts, omissions, errors, or issues that may arise from Kajabi's services.

b) Users acknowledge that the Company's provision of the Platform and Services is dependent on Kajabi's performance and availability.

c) Consequently, Users agree that any issues related to access, functionality, or security on Kajabi's part are beyond the Company's control, and the Company disclaims any liability for such matters.

d) Users further agree to comply with all terms and conditions imposed by Kajabi when accessing or using the Platform. It is the responsibility of the Users to familiarise themselves with these terms and conditions, and any breach thereof may affect their ability to use the Platform.

e) Additionally, the Company reserves the right to make necessary adjustments or changes to the Platform's operation due to changes or updates made by Kajabi, without prior notice to the Users.

11 SECURITY

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

12 DISCLAIMER

(a) (General Warning and Risk) The Company provides the Platform, Services, and Service Content strictly for educational and informational purposes only.

(i) The content available on the Platform is general in nature and is not intended to cater to your specific personal circumstances, health conditions, or medical needs.

(ii) It is essential to understand that the information provided on the Platform is not a replacement, substitute, or supplementary to actual medical advice, diagnosis, or treatment from qualified medical professionals or licensed physiotherapists.

(iii) All Users are strongly encouraged to seek the advice of a qualified healthcare provider or medical professional with any questions or concerns they may have regarding their physical health or medical conditions before applying any information obtained from the Platform.

(iv) The application of any Service Content is undertaken entirely at the User's own risk. The Company is not liable for any decision made or action taken by Users based on the information contained on the Platform or any Service Content.

(v) The Company does not warrant or guarantee the accuracy, completeness, or usefulness of the information provided and expressly disclaims any liability for any adverse effects or consequences that may arise from the use of, or reliance on, the information provided through the Platform in pursuit of the User's specific health and wellbeing goals or treatments.

(vi) The Company is not liable for any advice, recommendations or information you obtain from other Users on the Platform in the Community Forum or otherwise.

(vii) By accessing the Platform, you acknowledge that any reliance on the information provided is at your own risk, and you agree to hold the Company harmless from and against any and all claims, damages, liabilities, costs, or expenses (including legal fees) that may arise from your use of the Platform or Service Content in your specific health and wellbeing goals, treatments, requirements or initiatives.

(b) (Limitation of Liability) To the maximum extent permitted by law the total liability of each party (being you, the User and us, the Company) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the three (3) months preceding the date of the event giving rise to the liability.

(c) (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

(d) (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Company, except:

(i) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(ii) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

(e) (Advertising) The Company reserves the right to advertise on the Platform. Any advertisements displayed are for promotional purposes and do not imply endorsement by the Company unless explicitly stated.

13 CONFIDENTIALITY

While using the Platform, you may access information about the Company's business or Services that must be kept confidential. You agree not to disclose this information to third parties without the Company's written consent and to use it only to fulfill your obligations under this agreement. If this information becomes public through no fault of yours or is legally disclosed to you by a third party, your confidentiality obligation ends. Upon request or termination of your Account, you must return or destroy any materials containing this information. This obligation continues indefinitely, and any breach may result in the Company seeking legal remedies, including injunctive relief.

14 PRIVACY

You agree to be bound by the clauses outlined in the Company’s Privacy Policy, which can be accessed "here".  

15 COLLECTION NOTICE

(a) We collect personal information (including sensitive health information) about you in order to enable you to access and use the Platform and our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

16 TERMINATION

(a) Either the Company or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason.

(b) If a User wants to terminate their Account (and/or any other subscription or membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, the Company will effect such termination within a reasonable time after receiving written notice from the User.

(c) In the event that a User’s Account is terminated:

(i) the User’s access to all posting tools in the Community Forum on the Platform will be revoked;

(ii) the User’s access to the Service Content will be revoked;

(iii) the User will be unable to view the details of all other Users; and

(iv) all content previously posted by the respective User will also be removed from the Platform.

(d) Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

17 RECORD / AUDIT

To the extent permitted by law, the Company reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving the Company.

18 NOTICES

(a) A notice or other communication to a party under this agreement must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

19 GENERAL

19.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

19.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

19.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

19.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

19.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

19.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

19.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

19.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.