Terms of service

Boutique Pelvic Health Physiotherapy Terms of Service & Website Terms of Use

Boutique Pelvic Health Physiotherapy Terms of Service

Our Terms of Service detail our rights and responsibilities as a service provider, and your rights and responsibilities as a client.

These Terms of Service forms part of your agreement with Boutique Pelvic Health Pty Ltd ACN 668 684 062 (us, we, our, etc.). Reading, understanding and agreeing to our Terms of Services is a mandatory pre-condition to entering into a treating relationship with us.

Failure to meet your responsibilities may result in the cancellation of services.

Our Terms of Service are subject to change. We will notify you from time to time of any changes to our Terms of Service via the contact details you provide in your client intake form. It is your responsibility to ensure your contact details always remain up to date.

If at any time you have any questions or concerns about us, these Terms of Service, your treatment, or any other matter, you can contact us via the following details:

admin@boutiquepelvichealth.com

Rights and Responsibilities

What you can expect from us and what we ask of you.

We will:

discuss with you your goals and desired outcomes and involve you in decisions about your treatment and the development of your treatment plan;

ensure you have the information you need to make decisions about your treatment;

ensure that we have your informed consent in respect of all proposed treatments, treatment plans and proposed referrals prior to commencing work or taking any action;

ask for your feedback and work with your ideas in respect of your treatment and progression;

develop a therapy plan with you and, if required, the people from whom you need or desire support;

keep comprehensive records of your treatment and progress; and

ensure you are assisted only by qualified professionals with expertise in the areas of assistance you require.

We require you to:

provide us with all required information about your physical, mental and emotional health and answer our questions honestly in relation to all such matters;

tell us as soon as possible if you experience or become aware of any changes in respect of your physical, mental or emotional health;

attend to payment of all of our fees and charges promptly and otherwise on or before their due dates;

disclose to us if you are or have ever been a customer of Pelvic Health Ed Pty Ltd ACN 666 311 548;

arrive to your appointment (or login for your online appointment) at least ten (10) minutes early; and

Our service modalities

We offer our services via in person appointments at our offices, online or virtual appointments and, in some instances where appropriate, in group settings.

Our obligations to you and your obligations to us as set out under heading 2 above remain the same, regardless of the form in which you choose to engage in treatment with us.

Should you choose to engage with us virtually or online, you acknowledge and agree that:

our virtual services are provided over the internet via third party platforms and that connections provided via these platforms are not a secure connection; and

while every effort will be taken to ensure your virtual appointment runs smoothly, we cannot and do not guarantee that your virtual appointment will be uninterrupted, timely or error-free. You agree that any issues, which may include errors, interruptions or security limitations, will not be a breach of our Terms of Service.

Should you choose to participate in our group sessions, you acknowledge and agree that:

our group sessions are designed to be a safe space for clients to work on and discuss issues which are often sensitive or private;

you must always treat other participants in group sessions with respect and courtesy;

it is the obligation of all participants to preserve the anonymity and privacy of all other participants to such sessions;

in the interests of preserving the privacy of all participants, the sharing of identifying personal information with other participants is strictly prohibited;

discussing a participant’s identity, involvement in the group sessions or other details with other members of the public is strictly prohibited and will amount to a breach of these Terms of Service; and

any actual or suspected breach of the provisions of this clause 3(d) will entitle us, at our election, to cease our treating relationship with you and/or cease your access to group sessions.

Information relating to our duty of care and limitations to our duty of care

From time to time, it may become necessary or desirable for us to refer you to other service providers. Should this occur:

we will discuss the possibility of a referral with you first and obtain your informed consent prior to contacting our suggested referral;

we do not guarantee and are not responsible or liable for the quality of products or services provided by referred practitioner.

Children aged under 18 years must be supervised by a parent or guardian when receiving our therapy services. This includes appointments at our offices, at home and in group settings. Supervision means the parent or guardian is within sight and/or hearing of the child for the duration of the appointment.

Clients with personal care, health care or emotional or other support needs must be accompanied by their support person who is able to assist in managing those needs when visiting our offices. The support person must stay at the office for the duration of the appointment.

Consent to treatment

Your informed consent is required for all treatment provided by us. Once accepted, these Terms of Service record your informed consent to engaging in a treating relationship with us, however, your designated physiotherapist (Treating Physio) will also be checking in with you regularly throughout the course of your engagement with us to ensure they have your informed consent to each treatment as well.

To provide informed consent to a treatment, you must fully understand what your Treating Physio is telling you, so that you can make an informed decision about your treatment.

During your assessment, your Treating Physio will explain everything to you step by step. Please ask your Treating Physio if you are unsure about any explanations. You have the right to refuse your participation in any aspect of the assessment for any reason. Please notify your Treating Physio of your questions and/or concerns you may have at any time.

Following your assessment, you should understand (as applicable):

your diagnosis and/or potential diagnosis;

treatment options available to you;

what to expect from the treatment options available to you; and

expectations of your participation in a treatment plan.

Based on your understanding of the above, you and your Treating Physio will develop a treatment plan specifically for you.

During your treatment plan, your Treating Physio will recommend various treatment techniques to you. Prior to your participation in any treatment technique, we want to ensure that you fully understand the technique so you can make an informed decision regarding your participation. Your Treating Physio will ensure that you have all the necessary information to make an informed decision.

Prior to participating in any treatment technique, you should understand:

the name of the treatment technique or procedure;

why it is being recommended to you;

what to expect during and after treatment;

the benefits and risks involved; and

alternative courses of comparable treatment.

Your Treating Physio will ask you for your informed verbal consent prior to any treatment and only proceed with the treatment upon receiving your verbal consent. If you do not understand the criteria noted above in respect of a proposed treatment, or if you have any further questions about your treatment, please ask your Treating Physio for further information or explanation. Under no circumstance are you obligated to participate in any treatment that you do not wish to, and you may withdraw your consent for any treatment at any time, even if you have consented to the treatment previously. Always inform your Treating Physio if your consent preferences change.

Pre-existing relationship with Pelvic Health Ed Pty Ltd

By accepting these Terms of Service, you warrant to us that:

you are not now and have never been a customer of Pelvic Health Ed Pty Ltd ACN 666 311 548 (Pelvic Health Ed); or

to the extent that you are or have previously been a customer of Pelvic Health Ed:

this fact has been disclosed to your Treating Physio so that any actual or perceived conflict of interest can be appropriately managed;

you are aware of the relationship between Pelvic Health Ed, Zara Howard and Boutique Pelvic Health Pty Ltd ACN 668 684 062 and should you choose to proceed by receiving services from us, you irrevocably consent to any real or perceived conflict of interest arising as a result of that relationship and your engagement with any of those persons or entities;

you understand that your treating relationship with us is separate and distinct from your relationship with Pelvic Health Ed; and

you understand that certain actions may need to be taken to alleviate any actual or perceived conflict of interest arising as a result of your pre-existing relationship with Pelvic Health Ed, which may include our not being able to provide or continue to provide services to you, or, may require you to cease engagement with Pelvic Health Ed, if considered necessary after consultation between you and us.

Payment

All appointment fees and charges must be paid in full on the day of your appointment, subject to our prior written agreement to the contrary.

All amounts must be paid in cash, by credit card, via electronic health rebates or by way of bank cheque or electronic funds transfer into our nominated account.

Payments may be made by way of telephone, direct debit or in-person at our offices.

A receipt will be sent to you once payment has cleared.

If there are any issues with your invoice, you have seven days from the date of invoice to raise these issues with us.

We have the right to stop services and refer your case to debt collection if payment is not received as and when due.

Cancellations

If you need to change or cancel an appointment, we ask that you provide a minimum of 48 hours’ notice.

To cancel or change an appointment, please contact us via the following details:

Email: admin@boutiquepelvichealth.com

Phone: 07 5552 1912

If you miss an appointment or cancel within 24 hours of your appointment time, we will charge you the full cost of your appointment. This includes travel if applicable.

If you cancel often, we will discuss your therapy services and goals, and what help you might need to attend appointments. If we can’t find a solution, then we may decide to stop services until you are able to attend your appointments.

If your Treating Physio needs to cancel an appointment, we will do our best to reschedule.

Refunds

We offer refunds, repairs and replacements in accordance with the Australia Consumer Law and the provisions set out in these Terms of Service. Different provisions apply depending on whether your purchase relates to a product or service. For your ease of reference, we have set out our policy in respect of each below.

Please read these Terms of Service carefully before making a purchase, so that you understand your rights as well as what your can expect from us if you are not happy with your purchase.

Services

If there is a major problem with a service you have purchased from us, you can choose to cancel your service agreement with us and receive a refund for the portion of the service you are yet to receive.

We will consider there to have been a major failure in respect of a service provided if the service:

creates an unsafe situation;

has either one serious problem or several smaller problems that would stop a client buying the service if they knew about them beforehand; or

can’t be used for its normal purpose, or for a specific purpose we were aware of, or doesn’t achieve a specific result that you made us aware was required and can’t easily be fixed within a reasonable time.

Products

If there is a major problem with a product you have purchased from us, or a product you have purchased from us later develops a major problem, you may ask us to either:

refund you for the product in full; or

replace the product with the same type of product.

We will consider there to have been a major problem with a product if the product:

is unsafe;

is very different from the description or sample;

has either one serious problem or several smaller problems that would stop a client buying the product if they knew about them beforehand; or

can’t be used for its normal purpose, or another purpose you told us about before you bought the product, and can’t easily be fixed within a reasonable time.

Alternatively, you can choose to keep the product and we will compensate you for the product’s diminished value.

If the problem is not major, we will repair the product within a reasonable time. If it is not repaired in a reasonable time, you can choose a refund or replacement.

Limitation of Liability

To the maximum extent permitted by law, we expressly:

disclaim all conditions, representations and warranties (whether express or implied,) in relation to the services we seek to provide, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Without limitation to the foregoing, we make no representation, and provide no warranty or guarantee, that:

you will achieve any particular results from the provision of our services;

any particular individuals will perform the services on our behalf; and

limit our aggregate liability in respect of any and all claims for any losses that you may bring against us under these Terms of Service or otherwise in respect of our services to the following remedies (the choice of which is to be at our sole discretion):

re-supply of the services;

payment of the costs of supply of the services by a third party; or

the refund of any amounts paid by you to us under these Terms of Service in respect to the services.

Breaches of our Terms of Services and our rights of termination

We may terminate these Terms of Service and cease the provision of services to you at any time should we reasonably consider you to have breached any of the provisions of these Terms of Service.

If these Terms of Service are terminated for any reason:

you will remain liable to pay all fees and charges accrued up to and including the date of termination, whether or not such fees and charges have been invoiced to you at the relevant time; and

we will send you a final invoice for the balance of any unbilled fees and charges accrued up to and including the date of termination.

Privacy

Your privacy is important to us. Our Privacy Policy is incorporated into these Terms of Service by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our Privacy Policy. You can find a copy of our Privacy Policy https://www.boutiquepelvichealth.com/policies/privacy-policy.

Feedback

We want to know when things are going well and when there are issues. You can give us feedback by email at admin@boutiquepelvichealth.com.

General

Confidentiality

These Terms of service and all matters and things connected with them are confidential and no party may disclose them to any other person except to their professional advisors or except as required by any applicable law after first consulting with the other party about the form and content of the disclosure (and then only if the recipient agrees prior to receipt to keep the information disclosed confidential) unless the prior written consent or waiver of the other party is first obtained.

Jurisdiction

These terms of service are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the courts of that jurisdiction and any appeals from those courts.

Entire Agreement

These Terms of Service, together with our Privacy Policy and website terms of use, form the entire agreement between us and you in relation to the provision of our services to you.

Waiver

Any failure or delay on our part to exercise a power or right we have under these Terms of Service (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.

Boutique Pelvic Health Website Terms of Use

Welcome to Boutique Pelvic Health! Thank you for browsing our Website, we had so much joy creating it for you.

These terms constitute our Terms of Use. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by our Terms of Use. If you do not agree with our Terms of Use, you must cease using our Website immediately.

Definitions

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Loss means losses, liabilities, damages, costs (on a full indemnity basis), charges and expenses.

Terms of Use means these terms and conditions of use (as updated from time to time).

Website means www.boutiquepelvichealth.com.

General

This Website is operated by Boutique Pelvic Health Pty Ltd ACN 668 684 062. The terms “we”, “us” and “our” throughout these Terms of Use refer to Boutique Pelvic Health Pty Ltd ACN 668 684 062.

These Terms of Use govern your right to use our Website, including all information, tools and services available to you via use of the Website.

By accessing our Website or purchasing a product or service via our Website, you agree to abide by these Terms.

Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions within these Terms of Use, then you may not access the Website or use any services.

Any new features or tools which are added to the current Website shall also be subject to these Terms of Use. You can review the most current version of our Terms of Use at any time here. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Website. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Links to third parties

Our Website may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Sites including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site.

We are not responsible for any form of transmission received from any Linked Site.

We provide links to Linked Sites only as a convenience to you and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.

We may occasionally promote affiliate programs and products. We may receive commission on these programs or products.

No unlawful or prohibited use

As a condition of your use of our Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use and notices.

You may not use the Website in any manner which could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

Our Website is intended solely for use by persons who are 18 years of age or older. By agreeing to these Terms of Use, you represent to us that you are at least 18 years of age.

A breach or violation of any of the provisions of these Terms of Use will result in an immediate termination of your ability to access our Website.

Our Website and associated Intellectual Property Rights

Unless stated otherwise, we own or license the copyright and all other proprietary rights in all materials used on our Website (including any text, trademarks, images, logos, animations, sound recordings and/or software).

lYou do not receive any ownership rights by downloading or accessing any content from our Website.

Materials provided to us or posted to our Website

We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to our Website or its associated services (collectively Submissions).

However by posting, uploading, inputting, providing or submitting your Submission you are granting us and our affiliates permission to use your Submission in connection with the operation of our business including, without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission.

You agree that we may, and reserve the right to, remove any comments made by you about our Website, any of its content, its individual representatives, officers, directors, consultants and/or employees which we believe in our sole discretion to be damaging to us.

No compensation will be paid with respect to the use of your Submission in accordance with these Terms of Use. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including without limitation all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Payments

In purchasing any product or service from our Website you agree to:

pay using a valid credit card (or other form of payment as we may allow);

provide us with current and complete information as detailed in the purchase order form including full legal name, email address, credit card details and billing information as required; and

pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase.

If we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your purchase, or put on hold or terminate your access to our Website or any of the services at our sole discretion.

Refund policy

We offer refunds, repairs and replacements in accordance with the Australia Consumer Law and the provisions set out in these Terms of Use. Different provisions apply depending on whether your purchase from us relates to a product or service. For your ease of reference, we have set out our policy in respect of each below.

Please read these Terms of Use carefully before making a purchase, so that you understand your rights as well as what you can expect from us if you are not happy with your purchase.

Services

We will consider there to have been a major failure in respect of a service provided if the service:

creates an unsafe situation;

has either one serious problem or several smaller problems that would stop a client buying the service if they knew about them beforehand; or

Products

If there is a major problem with a product you have purchased from us, or a product you have purchased from us later develops a major problem, you may ask us to either:

refund you for the product in full; or

replace the product with the same type of product.

We will consider there to have been a major problem with a product if the product:

is unsafe;

is very different from the description or sample;

has either one serious problem or several smaller problems that would stop a client buying the product if they knew about them beforehand; or

can’t be used for its normal purpose, or another purpose you told us about before you bought the product, and can’t easily be fixed within a reasonable time.

Alternatively, you can choose to keep the product and we will compensate you for the product’s diminished value.

If the problem is not major, we will repair the product within a reasonable time. If it is not repaired in a reasonable time, you can choose a refund or replacement.

Liability disclaimer

By accepting these Terms of Use, you acknowledge that our Website may use third party platform providers such as Kajabi and you acknowledge that this may not be a secure connection.

The information, software, products and services included in or available through our Website may include inaccuracies or typographical errors. Changes are periodically made to these Terms of Use and our Website. We may make improvements and/or changes to our Website at any time.

Information made available via our Website is not medical, health or physiotherapy advice and should not be relied upon as such. Information on our Website is general information only. You should consult an appropriate professional for specific advice tailored to your situation.

We make no representations about the suitability, reliability, availability or timeliness and accuracy of the information, software, products, services and related graphics contained on our Website for any purpose. To the maximum extent permitted by law all such information, software, products, services and related graphics are provided “as is” without warranty or conditions of any kind. We disclaim all warranties and conditions with regard to this information, software, products, services and related graphics including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by law we exclude all liability for any whatsoever including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with:

the use or performance of our Website;

the delay or inability to use our Website or related services,

the provision of or failure to provide services, or

for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website,

whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or identical damages the above limitation may not apply to you. If you are dissatisfied with any portion of our Website or with any of these Terms of Use your sole and exclusive remedy is to discontinue using our Website.

Termination of access restriction

We reserve the right in our sole discretion to terminate or restrict your access to our Website and the related services or any portion thereof at any time without notice to you.

Indemnity

You agree to indemnify us and keep us indemnified against all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of our Website or from your breach of any of the provisions contained within these Terms of Use and/or any facilitation or support by you of a third party causing any Loss to us.

Privacy policy

Your privacy is important to us. Our Privacy Policy is incorporated into these Terms of Use by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our Privacy Policy. You can find a copy of our Privacy Policy at https://www.boutiquepelvichealth.com/policies/privacy-policy.

Jurisdiction

These Terms are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the courts of that jurisdiction and any appeals from those courts.

Entire Agreement

These Terms of Use, together with our Privacy Policy, form the entire agreement between us and you in relation to your use of our Website.

Waiver

Any failure or delay on our part to exercise a power or right we have under these Terms (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.