Terms and Conditions

Welcome to www.kymsiddonsphysio.com.au (our Site).

These Terms and Conditions (Terms) govern your use of this Site, as well as our products and services, and form a binding contractual agreement between you and Siddons Consulting Pty Ltd ACN 618 204 916 trading as Kym Siddons Physio (Kym Siddons Physio, us, we, our).

These Terms are important and you should ensure that you read them carefully and contact us if you have any questions prior to engaging our services, or purchasing our products.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

 

Disclaimer

 

The material provided on our Site or otherwise through any of our online courses is for educational and general information purposes only.  You should not rely on the information on this Site as a substitute for specific professional medical advice, diagnosis, or treatment.  If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. 

 

Reading the information on this Site does not create a therapist-patient relationship.

 

The use of any information provided is solely at your own risk. 

 

We make no express or implied warranty with respect to any health benefits alleged to be derived from the use the information provided on this Site, our products, our educational videos or our blog posts (see below Warranties).

 

Shop terms

You may buy goods offered online by us by completing the order form available on our Site. To buy goods via our Site, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.

You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.

 

Purchasing items

 

You may buy goods offered online by us by completing the order form available on our Site. To buy goods or services via our Site, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.

You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.

Prices

All prices are in Australian dollars. Prices include GST unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable. All prices are subject to change without notice.

 

Errors

From time to time there may be errors on our Site such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.

 

Availability

All goods are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged. If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.

 

Delivery/Shipping


We ship within Australia only.

Shipping charges will be displayed in check-out prior to you purchasing the product. It is your obligation to enter the correct delivery address details at the time of ordering. Note, we are unable to deliver to a P.O. Box.

We use all reasonable efforts to dispatch orders within 5 business days of the purchase date. Most Australian orders should arrive within 7 business days after dispatch depending on the destination. It is your responsibility to inform us promptly if an order does not arrive. Once we learn an order has not arrived within a reasonable period we will lodge an enquiry with the courier.

We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order. Further, we are not liable for any loss or damage as a result of you failing to contact our courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.

Damage

If you receive any goods in a damaged condition, we may issue you a credit in the amount paid for the goods or send replacement goods at our discretion if you notify us within 7 days of the delivery date. We may ask you to provide proof of the damage, as a condition of refund or replacement.

 

Risk

Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms.

Title

Goods ordered by you remain our property until you pay for them in full.

 

Warranties

To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded. Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at our option.

 

Returns

In addition to your statutory rights, if you change your mind we will happily exchange or refund your item/s providing the following conditions have been met:

  1. You first contact us regarding your intention to return a product.
  2. The items are returned within 30 days of the purchase date and the original sales receipt is present.
  3. Items must be in original condition as purchased and the product has not been opened.

Returns/exchanges can be sent to:
Siddons Consulting Pty Ltd

46 Ashbourne Avenue

Kingswood SA 5062

Australia

If you return items to us that do not comply with the above requirements, we will return them to you at your cost.

Workstation Wellness for Busy Desk-Workers

 

Course Disclaimer

The material provided through the Workstation Wellness for Busy Desk-Workers online course (the Course) is for educational and general information purposes only.  You should not rely on the information provided by the Course as a substitute for specific professional medical advice, diagnosis, or treatment.  If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional.  Viewing the Course materials, including but not limited to text, videos, emails or other images, does not create a therapist-patient relationship.

 

The use of any information provided through the Course is solely at your own risk. 

 

Registering your details

Before you purchase our products and/or services, you must register an account with us.

You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

We may at any time request a form of identification to verify your identity.

If you are a registered user or member to this Site, you acknowledge and agree that:

  1. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
  1. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
  1. You will immediately notify us if your Password is lost or becomes known to any other person; and
  1. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person.

You must ensure the security and confidentiality of your registration details, including any username and/or Password.  You must notify us immediately if they become aware of any unauthorised use of your registered details.

Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

Online consultations and other membership services

After you have signed up for and completed the Course, or otherwise in Kym Siddons Physio’s sole discretion, we may offer you the opportunity to purchase tailored individual online consultations (Online Consultation Package) and other services delivered on a membership basis (Membership Services).

Online Consultation Packages and Membership Services will run for such time as agreed by the parties.

Online Consultation Packages and Membership Services will not be suitable for everyone’s needs, and will only be provided at Kym Siddons Physio’s sole discretion.

Payment

Invoices for the Course, Online Consultation Packages and Membership Services are automatically generated and can be requested at any time by emailing kym@kymsiddonsphysio.com.au.

Some of our payments are operated through an online and automated billing system (Online Payment). We accept payment by PayPal.  Where your payments are made via Online Payment:

  1. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
  1. If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.

Refunds

 

Refunds are only permitted in accordance with the Australian Consumer Law or as otherwise set out below.

Upon the purchase of the Course, Online Consultation Package or Membership Services, we will honour any cancellation within the first 14 days of purchase if you are unsatisfied with the program and provide a full refund (14 Day Money Back Guarantee).

Any refund requests outside the 14 Day Money Back Guarantee will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds may be granted at the discretion of the Kym Siddons Physio team.

 

General Terms

Intellectual Property

 

All material on this Site or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it.

Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.

You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Siddons Consulting Pty Ltd ACN 618 204 916. The trade marks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Kym Siddons Physio, in any manner that is likely to cause confusion with customers, or in any manner that disparages Kym Siddons Physio.

Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.

You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Kym Siddons Physio will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

Right to Terminate

We reserve the right to terminate your use of the Site or our products and/or services generally if you breach these terms, as determined by us in our sole discretion.

Refunds are not provided for our products and/or services that have been rendered by us, including where you have been given access to Our Content whether accessed by you or not, unless we are in breach of the Australian Competition and Consumer Act 2010.

Liability is Limited

The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded.  Such rights include, but are not limited to, those rights under Australian Consumer Laws.

We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site or Our Content.

In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site or Our Content.

These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

  1. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
  1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
  1. Accessing Sites or servers maintained by other organisations through links on our Site or products or services. Links are provided for convenience only. We do not endorse linked Sites nor their products and services and you access them at your own risk.
  1. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

Your Indemnity

You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site or through use of our products or services.

 

No Assignment

 

You cannot transfer or assign your Kym Siddons Physio membership without Kym Siddons Physio’s prior written consent.

We may assign or transfer our obligations under these terms at any time, subject to giving you four weeks prior notice in writing.

Alterations

We may alter these Terms from time to time by posting the altered version on our Site. You should visit the Site regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to goods and services ordered via the Site after the alteration takes effect.

Dispute Resolution

 

If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.

Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

If the dispute is not resolved by agreement within five working days of the Second Party receiving the notice referred to in this clause, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five working days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited. The costs of the mediator shall be borne equally between the disputing parties. The chosen mediator shall determine the procedures for the mediation. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

If the parties have not mediated a resolution of the dispute within 10 working days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it thinks fit in relation to the dispute.

 

Applicable law

These Terms are governed by the law of South Australia, Australia. The parties submit to the non-exclusive jurisdiction of the courts of South Australia and its appellate courts.

 

Privacy Policy

All personal information that you supply in connection with the Site will be collected, used, disclosed and managed by us according to the terms of our Privacy Policy, a copy of which is available at https://kymsiddonsphysio.com.au/privacy-policy/.

General

We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any provision in these Terms is unenforceable, illegal or void or makes these Terms or any part of them unenforceable, illegal or void, then that provision is severed, and the rest of these Terms remain in force. If any provision in these Terms is unenforceable, illegal or void in one jurisdiction but not in another jurisdiction or makes these Terms or any part of them unenforceable, illegal or void in one jurisdiction but not in another jurisdiction, then that provision is severed only in respect of the operation of these Terms in the jurisdiction where it is unenforceable, illegal or void.

Your Feedback

We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

If you have questions or comments regarding this Site or our products or services, please email us at  kym@kymsiddonsphysio.com.au.

These Terms were last updated in May 2018.

Company details

Name: Siddons Consulting Pty Ltd

ACN: 618 204 916

Email: kym@kymsiddonphysio.com.au

These Terms were last updated in June 2018.