Terms & Conditions | The Pelvic Health Hub

The Pelvic Health Hub Terms & Conditions

1 Overview

1.1 The Pelvic Health Hub (Platform) is a digital platform developed and owned exclusively by The Pelvic Health Hub ACN 691390397 (we, us or our) with domain name www.pelvichealthhub.com.a for the provision of telehealth physiotherapy services, including alleviating, managing, restoring, or improving physical impairments associated with the pelvic floor and any and all related services (Services).

1.2 We and our third-party licensors reserve the right to update, modify, replace, limit, and expand the Platform and its functionality.

1.3 You should read these Terms and Conditions carefully prior to registering to use the Platform.

2 Acceptance of Terms and Conditions

2.1 These Terms and Conditions record an agreement between you (you or your), as the user, and us for the purpose of your use of the Platform and the Services.

2.2 By using the Platform, you are accepting these Terms and Conditions (Terms and Conditions) and agree to be bound by them.

2.3 We reserve the right to make changes to these Terms and Conditions from time to time without notice (Amendments).

2.4 Amendments will be effective immediately. Where practicable we will endeavour to notify you of the Amendments to the Terms and Conditions.

2.5 Your continued use of the Platform following any such Amendment will represent an agreement by you to be bound by the Amendments to the Terms and Conditions.

2.6 We suggest you check the Terms and Conditions regularly to ensure you are aware of the most up to date terms.

3 Registration

3.1 At the time you register to use the Platform you may be required to provide:

(a) your full name;

(b) a valid email address;

(d) a valid phone number

(e) bank details for payment purposes; and

(f) any other information required to complete the registration process.

(User Data).

3.2 Failure to supply correct User Data may result in us cancelling your registration.

3.3 You agree to update your User Data if there are any changes to ensure that it is current and accurate at all times. You agree to update us to the extent you become aware of any such changes in relation to your account.

3.4 You agree to permit us to use the User Data for the purpose of providing the functionality of the Platform and any related purpose, including but not limited to the Services, or any other related purposes. You grant us a perpetual, worldwide, royalty-free license to use, modify, and incorporate the User Data (and other data we collect from you) into our systems. You acknowledge that in order to do so, we may share the User Data with other parties, including stakeholders, suppliers and partners. You understand and agree that any content, recommendations, or insights created through the Platform are owned exclusively by us, regardless of the input data used.

3.5 You will cooperate to perform and complete all required onboarding actions steps to allow you to commence using the Platform and the Services.

3.6 You are responsible for maintaining the security of your login and account information (including the password). We are not liable for any loss or damage from your failure to comply with this security obligation.

3.7 You are responsible for all activities that occur on your account, and we will not be liable for any loss or damage from activities on your account.

3.8 You agree to use the Platform for its intended purpose. You must not use the software for any illegal or unauthorised purpose, including the transmission of malware. You must not use the service to violate any laws in your jurisdiction, including but not limited to copyright laws.

3.9 All User Data will be stored and maintained by or on behalf of us in accordance with Australian privacy law.

3.10 Our use of any personal information and sensitive information provided within the User Data will be in accordance with our Privacy Policy available at www.pelvichealthhub.com.au/privacy-policy.

3.11 By using this Platform, you consent to the processing described the Privacy Policy and warrant that all data provided by you is accurate.

4 Our Services

4.1 We diagnose injuries, apply evidence-based clinical reasoning and support medical practitioners in patient management.

4.2 Our services include telehealth physiotherapy aimed at reducing pain, restoring movement, and providing rehabilitation through personalised programs. Our treatment approach encompasses education, advice, guidance, and comprehensive self-management planning.

4.3 The services we provide are safe and effective, with benefits that outweigh risks. They are delivered based on evidence, clinical expertise, your needs, available resources, and quality standards.

4.4 If necessary, we may refer you to an appropriate practitioner if we believe that virtual care or the Services are unsuitable for you.

4.5 Your continued use of the Platform and the Services will represent an agreement by you to be bound by the Terms and Conditions.

5 Fees and Payment

5.1 You must pay your consultation fees upfront through the Platform (Consultation Fees). We will display the Consultation Fees on the Platform for you to access and view before booking a consultation. You are informed of and agree to the Consultation Fee before confirming a booking. All payments of Consultation Fees must be processed through the Platform using the designated payment gateway.

5.2 By accepting the Terms and Conditions, you authorise us or any third-party service provider to debit your account at the relevant financial institution connected with the payment details identified and provided in your User Data for payment of the Consultation Fees and all charges.

5.3 By accepting the Terms and Conditions, you agree that we are authorised to process payment for the Consultation Fees.

5.4 It is your responsibility to ensure that your nominated bank account details are complete, accurate, and up to date at all times. We are not responsible for any loss of payment due to incorrect, outdated, or incomplete account information provided by you.

5.5 You must ensure that your nominated account has sufficient cleared funds or capacity to receive payments. We are not liable for any fees, charges, or failed transfers arising from insufficient capacity, incorrect account details, or issues with your financial institution.

5.6 If you fail to make your payments within seven (7) days of the due date (Debt), we may refer the Debt to a debt collection agency for collection.

6 Term and Termination

6.1 The term of these Terms and Conditions commences when you first register to use the Platform.

6.2 You can cancel your registration through the Platform at any time.

6.3 We reserve the right to delete your account immediately if you are in breach of any of these Terms and Conditions, including but not limited to any dishonest, discourteous, or otherwise unprofessional behaviour by you in relation to the Platform.

6.4 Termination will not affect any of our accrued rights or your accrued liabilities as at the time of termination.

7 Intellectual Property

7.1 Your registration to the Platform is pursuant to a non-exclusive license between you and us which is granted subject to these Terms and Conditions. Nothing in these Terms and Conditions or otherwise creates an assignment of any rights in the Platform beyond the ability to use it for its intended use. We claim copyright and all other intellectual property rights over the Platform and its other products and the Services and reserve all of our rights.

7.2 Nothing in these Terms and Conditions or otherwise creates the right for you to sublicense the Platform, or your account.

7.3 You must not modify, adapt or hack the Platform or modify another website or software so as to falsely imply that it is associated with the Platform or us.

7.4 By accepting these Terms and Conditions you undertake not to reverse engineer, replicate, duplicate, sell, resell, copy, or otherwise exploit any portion of the Platform. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you or any of your affiliates.

7.5 All intellectual property and ownership rights subsisting in the Platform (including the user interface and the software comprising the Platform), content (including photographic images, text, audio, video), user interface, algorithms, the AI related functionality, models and content, test and test results, reports, any and all the data derived from use of the Platform, and any other documentation, information or materials that are supplied by us to you, remain our or our third party licensors’ exclusive property and are protected by copyright laws and treaties around the world. For the avoidance of doubt, nothing in this agreement assigns any ownership rights to you.

7.6 We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you or any of your affiliates.

7.7 Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Platform are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation.

7.8 Any trade marks/names featured on this Platform are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to us.

8 User and Operation of the Platform

8.1 As a user of the Platform, you warrant that you will comply fully with all Platform operating instructions. Any failure to comply fully with operating instructions may result in the sub-par or faulty performance of the Platform.

8.2 We accept no liability, and you release us from any such liability, associated with faults or errors caused by your non-compliance with all operating instructions.

8.3 Access to the Platform is provided to you on the basis that you must not misuse this Platform. Accordingly, you will not do any of the following:

(a) commit or encourage a criminal offence; or

(b) infringe upon the rights of any other person's proprietary rights.

8.4 We may suspend your account for any one or more periods of time if we are unable to provide the software due to a fault or dysfunction with our servers.

8.5 We will endeavour to ensure that the Platform will be available at all times; however, we do not guarantee this.

8.6 The Platform may not be available during any or all of the following times:

(a) during maintenance events or due to agreed emergency maintenance;

(b) due to problems that occur due to your telecom or internet service providers or connection. We accept no liability for any loss or damage that occurs as a result of your telecom or internet service provider;

(d) due to action or inaction of you.

9 Modifications to the Platform

9.1 We reserve the right to modify or discontinue, temporarily or permanently the Platform and its other products and Services with or without notice.

10 Warranties

10.1 By using the Platform, you represent and warrant that we will not be liable for any direct or indirect expense, damage or injury (including indirect loss of revenue, profits, goodwill or business opportunity) howsoever caused, including arising directly or indirectly from or in connection with your use of the Platform.

10.2 We do not warrant that:

(a) we will meet your specific requirements;

(b) the Platform, including its functionality, will be uninterrupted, timely, secure, error-free, or produce completely accurate or suitable results; or

10.3 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL),

the material displayed on this Platform is provided without any guarantees, conditions or warranties as to its accuracy.

10.4 Subject to any of the rights you may have under the ACL, we exclude to the fullest extent possible all implied terms and warranties, whether statutory or otherwise, relating to the Platform and the Services or any other matter under these Terms and Conditions.

11 Limitation of Liability

11.1 The Platform and its functionality are available to you on an "as is" basis. We make no warranties, representations or conditions of any kind, express, statutory or implied as to:

(a) the availability, operation and functionality of the Platform;

(b) the accuracy, integrity, completeness, quality, legality, usefulness, safety and IP rights of any of the software content; and/or

We further disclaim all warranties, express, statutory or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and/or non-infringement. No advice or information, whether oral or written, that you obtain from us is to create any warranty, representation or condition not expressly stated herein.

11.2 To the fullest extent permitted by law, we hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, network interruptions, loss of information or data, damage to goodwill or reputation, or the cost of procurement of substitute goods and Services, arising out of or related to the use, inability to use, performance or failures of this Platform, the Services or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

11.3 To the fullest extent permitted by law, our maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of (i) the amount paid, if any, by you to us in connection with the Platform for the Services in the two (2) months prior to the action giving rise to liability or (ii) AUD1.00.

11.4 You acknowledge and agree that our liability for failure to comply with a consumer guarantee under the ACL is limited to:

(a) in the case of goods supplied, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply) or the repair of the goods (or the payment of the cost of the repair); and

(b) in the case of services supplied, the supply of the services again or the payment of the cost of having the services supplied again.

11.5 Nothing in these Terms and Conditions excludes, restricts, or modifies any rights or remedies you may have under the ACL or any other applicable legislation that cannot be lawfully excluded. To the extent any term would contravene such legislation or cause any part of these Terms and Conditions to be void, that term will be severed, and the remaining terms will remain in full force and effect.

12 Links to Third Party Content

12.1 We may link to the websites or other services offer by our third-party affiliates. In doing so, we do not warrant the functionality of the business, product, or service being advertised in the link.

12.2 Where we link to third party websites, we do not warrant the safety, functionality, or suitability of these websites. We are in no way liable for any loss, damage, risk or liability incurred from you visiting any third party websites accessible through links.

12.3 The Platform may contain links to third-party websites not under our control or operation. We may provide any such links only as a convenience. We do not endorse and we are not responsible for nor have any control over the contents of any linked site or any link contained in a linked site. Linked sites may be subject to their own terms and conditions. We do not verify or warrant the legality or suitability of those terms and conditions, however encourage you to read them before accessing or using the linked site. We accept no liability for any loss or damage suffered as a result of you accessing a linked site.

13 Indemnity

13.1 You agree to indemnify, defend and hold harmless us, our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Platform or your breach of the Terms and Conditions.

14 Cancellation, Refund and Complaints

14.1 Subject to any rights you may have under the ACL, if you cancel within 24 hours of an initial appointment or four (4) hours within an instant appointment, we may charge cancellation fees, which may be 50% or more of the Consultation Fees.

14.2 Subject to any rights you may have under the ACL, all requests for refunds will be dealt with at our absolute discretion.

14.3 If you pay upfront for the Services but they are not delivered, you may receive refunds.

14.4 If the Services are deficient, you may receive remedies or refunds.

14.5 Unless we determine otherwise at our absolute discretion, requests for refunds for any of the following reasons will not be approved:

(a) change of mind; or

(b) any other reason that we consider to be inappropriate.

14.6 By using the Platform and purchasing the goods and the Services, you acknowledge and agree to the cancellation and return policy in this clause 14 and will not make any claims outside of its terms.

14.7 We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints should be sent to info@pelvichealthhub.com.au.

14.8 We encourage you to raise issues promptly so we can seek to resolve them. Before commencing legal proceedings (except for urgent injunctive relief), you agree to attempt to resolve any dispute good faith negotiation. If a dispute remains unresolved for 30 days, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) in Melbourne, Victoria. Disputes arising from your use of the Platform, or the Services are exclusively subject to the jurisdiction of the courts of Victoria.

15 General

15.1 If any part of the Terms and Conditions is void, voidable, unenforceable or illegal, that part must be severed and the remainder of the Terms and Conditions will continue to be valid and enforceable to the fullest extent permitted by law (including any provision in which we exclude our liability to you). So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.

15.2 To the extent permitted by law, we reserve the right to create, collect and / or store any metadata resulting from your use of the Platform. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Platform, for purposes of search engine optimisation and to drive traffic to the Platform. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us.

15.3 You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, payment gateway, AI functionality and related technology required to run the Platform.

15.4 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our employees, members, representatives, or officers will result in immediate termination of your account.

15.5 Our failure to exercise or enforce any right or provision of these Terms and Conditions must not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and us and govern your use of the Platform and the Services, superseding any prior agreements between you and us.

15.6 We make no representations or warranties that the content of the Platform complies with the laws (including intellectual property laws) of any country outside Australia.

15.7 These Terms and Conditions are governed by the laws of Victoria.