WEB SITE TERMS & CONDITIONS OF USE
Access to and use of AirPhysio site is provided by the operators of this website (AirPhysio Pty Ltd ABN 84 607 523 697 (“us”, “we” or “our”) on the following conditions and according to any other directions or rules of use on this site (“Terms”).
If you access this site (other than to read these Terms for the first time), you agree to these Terms. If you do not agree to these terms, you should not review information or obtain services or goods from this site.
1. DISCLAIMERS, LIABILITY LIMITATION AND INDEMNITY
Use of this site is at your risk. None of us, our affiliates or any of their respective employees, agents, third party content providers or licensors:
o Makes any express or implied representation or warranty about, or
o Shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with, this site, its use, its content or any products or services (including our products or services) referred to on this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
o Your reliance on the completeness, accuracy, suitability or currency of the site, its content and other information provided via this site (including third party material and advertisements on this site, the content of support and technical material, or on sites that are linked to, this site), irrespective of any verifying measures taken by us. This site is designed for general interest only. It is not advice and you should not rely on it.
o 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.
o Accessing any sites or servers maintained by other organisations through links on this site. Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by us and you link to any such site at your own risk.
o The provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on this site.
o Defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.
No advice given
If you require specific advice for your individual circumstances, consult an appropriate expert directly. Do not rely on the general material on this site.
Exclusion of implied warranties
To the maximum extent permitted by law, we exclude all warranties by us that otherwise would be implied in any transactions for the supply by us of products or services offered on this site (including warranties of satisfactory quality, merchantability and fitness for purpose).
Continued site availability and access
We do not warrant that we will continue to make this site available generally or at all and reserve the right at any time to impose or increase prices and fees for your future access to any material appearing on this site. We reserve the right at any time to alter the site in such a way as to change the equipment needed by you to access or use the site or any part of it.
Limitation of our liability (if any) to you
Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:
o In the case of information, product or services supplied or offered by us – the re-supply of the information, product or services or payment of the cost of doing this;
o In the case of products supplied or offered by us – repair or replacement of the products, supply of equivalent products, or payment of the cost of doing this; or
o The amount paid by you (if any) for accessing this site.
You indemnify us, our affiliates, distributors and our respective employees, agents, third party content providers and licensors from and against 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 by us as a direct or indirect consequence of:
• Your accessing, using or transacting on this site or your attempts to do so (except for our costs of making this site available to you that you have not agreed to meet);
• Any breach by you or your agents of the Terms.
Rights we cannot exclude, limit or disclaim
This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.
All payments required to be made from a transaction in connection with AirPhysio website will be GST inclusive and will be made at the prices published on the Website and paid in the manner published on the AirPhysio website.
Changes in pricing for the service and product may be communicated by means including posting on the Site or via email. You will pay all sums due to the Company under this agreement by the means specified in the billing section of the Site. Payment will be transacted without any deduction, counterclaim or any other withholding of payment. Payment shall be deemed to have not been made until the Company has cleared funds in respect of the full amount outstanding. Refunds will be given at the discretion of the Company Management. Cancellation and/or termination of this Agreement by you or us will not entitle you to refund of monies paid regardless of the circumstances or reasons therefore.
To cancel the payment or your account, you must inform AirPhysio about your intentions prior to start of production and/or shipment.
If you choose to change your method of payment you must inform AirPhysio about your intention to change your payment method and this must be approved by the accounts department before the date that the next payment is due.
NO REFUNDS WILL BE GIVEN AFTER START OF PRODUCTION OF PRODUCTS AND/OR SHIPMENT HAS STARTED.
Delivery and Shipping Policy
Products are produced and shipped directly from Australia, so depending on your location, it may range from 1-2 days through to up to 4 weeks for delivery depending on where you are in the world.
AirPhysio offers a 30 day satisfaction guarantee on the quality of the products. If you are not happy with the products, then you have 30 days to notify AirPhysio and to ship the product back to our company for a full refund of the product. Once the 30 days has ceased, then there will be no option for return and refund.
3. AFFILIATE AND DISTRIBUTION PROGRAM
4. COPYRIGHT AND INTELLECTUAL PROPERTY NOTICES
International copyright protection
The material on this web site is protected by copyright under the laws of Australia and, through international treaties, other countries.
We own or control, and reserve, all rights
Unless otherwise indicated, all rights (including copyright) in the content and compilation of these web pages and on-line images (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved, by us.
Personal, non-commercial use
You are authorised to:
o View content; and
o Use the information included in this site in doing/using this, for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you are an internet service or access provider, you are authorised to grant access to this site, intact, to your subscribers.
You must not, without our prior written permission, exploit any of our site materials for commercial purposes, except where you are allowed because you have purchased our products or services.
Aside from the authorised uses outlined above, you are not authorised, without our prior written permission and the permission of any other relevant rights owner, to copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any other purpose.
This prohibition does not extend to materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions we specify.
Creating links to this site
You are welcome to create links from your web pages to these web pages, but only after written approval from our team. You must not use our trade marks in doing so unless you have our written permission. We are happy to discuss this with you.
We can use your feedback
When you send us any feedback or suggestions about this site or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.
5. TRADEMARK NOTICES
AirPhysio is Registered and Trademarked under International LAW.
No trade mark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.
Notice of marks
Each of our trade marks is protected in Australia and internationally and may be the subject of rights in other countries.
Other product names and images on this site may be trademarks or registered trademarks of ours, our affiliates, Distributors or third parties (including advertisers and our sponsors).
The use or misuse of these trademarks, except as expressly authorised by the trademark owner, is prohibited.
Disclaimer of association or endorsement
The use by us of another’s trademark on this site is not of itself intended to indicate any association with, or endorsement by or of, the owner of that trademark.
6. USER CONDUCT AND INDEMNITY
Lawful use only
You must use this site only for lawful purposes.
You must not up-load, post, transmit or otherwise make available through this site any material which:
o Violates or infringes the rights of others (including their privacy and publicity rights).
o Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person.
o Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
o Restricts or inhibits any other user from using or enjoying this site.
o Affects the functionality or operation of this site or its servers or the functionality or operation of any users’ computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly).
o Breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.
No promotional materials
You must not, without our prior written consent, up-load, post, transmit or otherwise make available through this site any material which contains promotional material, advertising or any solicitation (whether commercial or otherwise) for other products or services.
No infringement of others’ proprietary rights
You must not, without the express permission of the relevant rights owner, up-load, post, transmit or otherwise make available through this site any material protected by copyright, trademark or other proprietary rights.
Our licence to use your contributions
If you submit material to this site, you grant, or warrant that the owner of such material has granted, to us and our affiliates, Distributors, third party content providers and licensors a world-wide, non-exclusive, royalty free, perpetual, irrevocable, unrestricted and fully sub-licensable right to:
– Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials, or incorporate them in other works, in whole or in part;
– Use the names and images (if any) that you submit with any such material; and
– Exploit all proprietary rights (such as copyright, trademarks and service marks) in any such material, in any form, media or technology now known or later developed, for any purpose, commercial or otherwise (including promotion of us or our objectives). You consent to us and any person authorised by us doing any or all of the above despite all moral and similar rights you may have or later acquire in respect of any such material. At our request and expense, you will execute and deliver to us all such instruments and take such other actions as may be requested by us to carry out and perfect this grant of licence and consent.
– Others’ licence to use your contributions
If you submit material to this site, you permit all other users to access, view, store or reproduce the material for their personal, non-commercial use.
Monitoring site content
If you submit material to this site, you permit us, for any reason, to:
. Monitor the content of this site, including chat rooms, electronic bulletin boards, forums and other communications facilities, to determine compliance with these conditions; and
. Edit, refuse to post or remove any material submitted by you.
However, we do not assume any obligation to monitor or censor materials.
We reserve the right to host moderated or unmoderated forums or other web pages to which site users can post materials (“Forums”).
We are not responsible for:
o Materials posted to Forums by third parties, whether or not we moderate those Forums;
o Materials altered by us in moderating Forums; or
o Our removal of, or failure to remove, all or any part of those materials.
Co-operation with authorities
We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.
Disclaimer about others’ materials
You acknowledge that third party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.
Disclaimers apply to all transactions
The disclaimers, liability limitation and indemnity above apply to all transactions effected through, or as a result of accessing, this site (including you purchasing and us suppling our products and services).
Products on linked sites
Third party web sites accessed through links on this site, or advertisements, their referral buttons or embedded hyperlinks, might contain representations or offers which you can accept by linking to a relevant site and executing a transaction. These are not representations or offers made by us and the relevant third party is solely responsible to you for the delivery, condition and suitability of any products or services you purchase by accessing those sites.
8. PERSONAL INFORMATION AND PRIVACY
We may disclose your personal details:
o To the government as required under the law; to our professional advisors to enforce these Terms; or
Mobile Terms of Service
The AirPhysio mobile message service (the “Service”) is operated by AirPhysio (“AirPhysio”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to AirPhysio’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of AirPhysio through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with AirPhysio. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to AirPhysio or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other AirPhysio mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to AirPhysio or email [email protected].
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
9. GENERAL PROVISIONS
Queensland, Australia law applies
This site (excluding any linked, third party sites) is controlled by us from Australia. Subject to any over-riding conflict of laws principle, any disputes about this site, its contents or your dealings with us must be determined by the laws in force in Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
Site or content may be unlawful outside Australia
We do not warrant that the content of this site complies with the laws of any country outside of Australia. If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.
Your responsibilities under laws affecting you
You are responsible for ensuring that your use of this site is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant Internet industry codes of practice).
You are of legal age
You warrant that you are of legal age and capacity. Children must not use this site without the express permission of their parents, guardians or other responsible adults.
No offers where illegality arises
Nothing on this site constitutes an offer to provide products or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
These Terms have been prepared in the English language and must be construed accordingly.
This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, and the subject matter of this Agreement. To the extent that anything in or associated with the site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
Last updated: Nov. 15, 2023