Website Terms of Use
Last updated 20 June, 2022
PURPOSE
Foot Evolution Pty Ltd ABN 11 651 576 813 (“we”, “us” or “our”) has adopted these Website Terms of Use (“Terms”) which govern the access and/or use of our website.
These Terms should be read in conjunction with our ‘Privacy Policy’.
WHO THESE TERMS APPLY TO
These Terms apply to all visitors, users, browsers, vendors customers and contributors of content including but not limited to any person, organisation, body or group (“you” or “your”) who accesses and/or uses our website or services.
Without limitation, our website includes but is not limited to any websites, groups, online platforms, pages, domains and/or subdomains controlled by us.
By accessing and/or using our website or services, you agree to be bound by these Terms and any applicable international, federal, state and local laws, rules or regulations that are published on or contained within our website.
Persons under the age of 18 years must not access or use our website or services without first obtaining parental or guardian consent.
Please ensure that you carefully read and understand these Terms before using our website. If you disagree with any of these Terms, you must cease using our website immediately.
MEDICAL DISCLAIMER
All material or content published on or contained within our website is for general informational purposes only and is not intended to replace medical or health advice from a registered podiatrist or health practitioner.
You are responsible for seeking advice from a registered podiatrist or health practitioner prior to commencing any action or treatment that may affect your medical status or general health and/or wellbeing.
WARRANTIES AND GUARANTEES
We make no express or implied representations, warranties or guarantees as to the suitability, completeness, reliability, availability, accuracy, currency or timeliness of any material or content published on or contained within our website.
We make no express or implied representations, warranties or guarantees that our website is free from virus or infection. You access and use our website at your own risk. You have a duty to ensure that your computer meets all relevant specifications to access and/or use our website and that you have installed sufficient virus identification and management software.
LIMITATION OF LIABILITY AND INDEMNIFICATION
To the maximum extent permitted by law, we (and our directors, employees, agents, contractors, subcontractors, suppliers, interns, licensors and service providers) are not liable for any past, present or future loss, liability, cost, demand, cause of action, damage or expense (including legal fees) incurred by you or any third party in connection with the access and/or use of our website.
You indemnify us (and our directors, employees, agents, contractors, subcontractors, suppliers, interns, licensors and service providers) from any past, present or future loss, liability, cost demand, causes of action, damage or expense (including legal fees) incurred by you or any third party arising out of or in any way related to your or a third party’s breach of any of the provisions of these Terms.
LINKS TO THIRD-PARTY WEBSITES
Our website may contain links to third-party websites. References and links to third-party websites do not constitute sponsorship, approval or endorsement of the third-party websites.
You access and/or use third-party websites at your own risk. You are liable for ensuring that you have read and agreed to the relevant terms and conditions of the third-party website.
We (and our directors, employees, agents, contractors, subcontractors, suppliers, interns, licensors and service providers) are not liable for any past, present or future loss, liability, cost, demand, causes of action, damages or expenses (including legal fees) incurred by you or any third party in relation to the access and/or use of third-party websites. This includes but is not limited to any material or content published on or contained within third-party websites.
Any concerns, questions or complaints relating to third-party websites should be directed to the third party.
INTELLECTUAL PROPERTY AND RESTRICTIONS OF USE
Our website contains material or content (including but not limited to text, photographs, graphics, videos, design, layout, appearance and/or trademarks) which is owned by us or our licensors.
Any material or content posted to our website will grant us a non-exclusive, royalty free, irrevocable license to use such material or content in any way that we deem fit.
All intellectual property rights, titles, interests and/or licenses in any material or content published on or contained within our website are owned by us or our licensors.
You are permitted to download or access material or content from our website for personal or non-commercial use only. You must not alter or in any way change any material or content or remove any copyright symbol, trademark, watermark, logo or other proprietary notice or image which is attached to or superimposed on any material or content that is downloadable or otherwise accessible from our website.
You must not republish, transmit, sell, rent, sublicense, transfer, reproduce, display or redistribute any material or content that is downloadable or otherwise accessible from our website for commercial use without our prior express consent.
PROHIBITED CONDUCT
All material or content published on or contained within our website must be used responsibly. You must not use (or post to) our website:
- for any purpose that is unlawful, illegal or prohibited by any international, federal, state or local laws, rules, regulations or policies;
- for any purpose that is immoral, defamatory, malicious, obscene or anti-social;
- for any purpose that may bring us or our website into disrepute;
- to engage in advertising or marketing;
- to send or transmit false or misleading information;
- to send or transmit unsolicited messages, spam or viruses;
- to interfere or circumvent the security of our website;
- to deceive any person or be used to impersonate any person;
- to breach the privacy or intellectual property rights, titles and interests of any person, organisation, body or group;
- to harass abuse, harm insult, defame, slander, disparage, intimidate or discriminate against any person, organisation, body or group;
- to interfere with others using our website; or
- to facilitate any third party to do any of the above.
We are under no obligation to monitor the activity of any user or use of our website.
We reserve the right to delete or remove any information posted to our website, in which we reasonably believe breach these Terms.
COMPETITORS
Any person, organisation, body or group who is in the business of creating similar documentation or providing similar services is a competitor of us.
We prohibit any competitor from using and/or accessing our website for the purpose of downloading any material or content including via any third party.
We reserve the right to refuse any competitor or person, organisation, body or group from accessing and/or using our website or services.
We may hold any person, organisation, body or group liable for any profit or other gain obtained or any loss incurred by us as a result of the prohibited use of our website or the breach of these Terms.
SERVICES AND PRICING
Any pricing information published on or contained within our website may be subject to change without notice.
We reserve the right to revise, change, modify, suspend, discontinue or terminate any service/s without notice or consent.
CANCELLATION POLICY
From 1 July 2022:
- If a patient or client cancels an appointment with more than 48 hours’ notice, a full refund or reschedule is available at no additional cost.
- Where a patient or client cancels an appointment within 24-48 hours of their appointment, a 50% cancellation fee applies (of the total value of their booking).
- Where a patient cancels an appointment within 24 hours of their appointment, a 100% cancellation fee applies (of the total value of their booking).
*Aged care facilities may be able to negotiate a more lenient cancellation policy depending on the terms of your agreement with us.
WHOLE AGREEMENT
These terms constitute a whole agreement between us and you in relation to the use of our website.
These terms supersede any previous agreement, terms or understandings.
ASSIGNMENT OF RIGHTS
We are permitted to assign, novate, transfer, contract or subcontract any rights, entitlements or interests under these Terms without notice or consent.
You are not permitted to assign, novate, transfer, contract or subcontract your rights, entitlements or interests under these Terms without our prior express consent.
ENFORCEABILITY AND SEVERABILITY
If any of these Terms are found to be invalid or unenforceable, such provisions will be deleted with all other parts of these Terms remaining in force with full effect.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
We reserve the right to take action against you in connection with any breach of these Terms.
VARIATION
We may unilaterality vary, revise, change, modify, add, remove or terminate part or all of these Terms without notice.
While we will endeavour to highlight any variations where possible on our website, you are expected to review these Terms on a regular basis to ensure that you are aware of any changes.
GOVERNING LAW
These Terms are governed by the laws of New South Wales and Australia and the parties submit to the jurisdiction of the courts of New South Wales.
We make no express or implied representations, warranties or guarantees that our website complies with the laws of any other countries or jurisdiction outside of Australia.
Any user accessing our website outside of Australia does so at their own risk and is liable for complying with the laws of the jurisdiction in which our website is accessed.
COMPLAINTS AND DISPUTES
Any complaints with respect to the use of our website, should be addressed in writing to the details below.
CONTACT US
All correspondence in relation to these Terms should be addressed to:
Foot Evolution Pty Ltd
690 Richmond Street EARLWOOD NSW 2206