Terms & Conditions
The terms and conditions set out below apply to subscriptions offered by Physiotheory (“we”, “us”, “our”). Please read them carefully as they affect your rights and liabilities under the law and set out the terms under which we make digital subscriptions available to you. These terms will be subject to any rights you may have under consumer law to which we are bound and which cannot be waived by contract.
These terms and conditions are also subject to Physiotheory’s Terms of Trading which apply to the use of our digital information network generally as it may be accessed on various internet-connected devices (such as smartphones and tablets).
By taking out a digital subscription you agree to comply with these terms and conditions as well as the Physiotheory’s Terms of Trading referred to above. We recommend that you print a copy of these terms and conditions or save a copy in your computer for future reference.
We also recommend that, before you take out a digital subscription with us, you read our Frequently Asked Questions, which set out further information regarding the features of digital subscriptions and the steps you need to take to place an order for a digital subscription.
1. What is a Subscription?
A subscription entitles you to receive:
Access to Physiotheory’s online content relating to health and general well-being. Physiotheory’s online content includes exercise programs and regimes created by various health professionals with experience and studies in the fields of B.Sc Podiatry & Physiotherapy and Pilates.
The exercise programs and regimes created by the creators of Physiotheory are general in nature and may not be suitable to all persons. It is recommended that users take necessary precautions when following Physiotheory’s programs to avoid injuries.
Physiotheory and its creators take no responsibility for any injuries that may arise during the use of any of its programs. By subscribing to Physiotheory’s program, customers assume all risks of participating in any/all activities associated with Physiotheory and release Physiotheory from any liability.
It is recommended that any users with concerns about injury or pain consult with their general practitioner prior to commencing or continuing any programs created by Physiotheory.
2. How can I place an order for a subscription?
Physiotheory works on a subsidized subscription to make it more cost effective for users. Due to this, support resources are reduced and the creators ask users for their patience and consideration should users need support during their subscription.
You can order a digital subscription directly from us either online or over the phone.
As part of the subscription process, you will need to register for a Physiotheory account using your name, date of birth, contact details and bank account details (for payment of the subscription fee). Upon registration, users will receive a verification email to confirm their details. Users must verify their account in order to access Physiotheory’s online content.
Your subscription is personal to you and non-transferable. The subscription is valid for 12 months from the date of purchase. Users will receive an email 1 month prior to the expiration date with an option to renew their subscription. If the user does not renew their subscription prior to the expiration date, the user’s subscription is automatically terminated.
Physiotheory retains all rights in relation to the content produced on the Physiotheory website. If a user reproduces any content from the Physiotheory website which breaches the Terms of Trading, Physiotheory reserves its right to immediately terminate the user’s subscription. In the event of termination as a result of breaching the Terms of Trading, Physiotherapy reserves its right to withhold monies paid by the user for subscription fee/s.
Your order is an offer to buy from us which, if accepted by us as described below, will then constitute a binding contract. Nothing that we do or say will amount to any acceptance of that offer until we send you confirmation of your order by email.
We will not be responsible for any failure by you to receive such confirmation which results from your failure to supply us with correct contact details.
If you place an order for a subscription online, you are able to correct errors on your order up to the point at which you submit your order. After this point, we will assume that all information provided as part of your order is correct and will process your order accordingly.
We reserve the right to reject any order for a subscription without giving a reason.
3. Subscription Period and Renewals
Once your order for a subscription has been accepted, the subscription will continue and renew automatically unless and until it is ended by either of us in accordance with the terms as outlined in clause 2.
4. Privacy
You can read our Privacy Policy for details regarding how we use your personal information.
5. Payment
You agree to pay the subscription price for the subscription period (currently 12 months). You can obtain details of the price and the different options for payment intervals on our membership page or by contacting our customer services team using the contact details in section 8.
You must provide us with complete and accurate payment information at the time you subscribe. Payment for your subscription can be made by direct debit, credit or debit card. Your payments will be taken on a rolling basis and your digital subscription will continue unless and until it is ended by either of us in accordance with the terms as outlined in clause 2.
NOTE – the below is only applicable for free trials
We may offer new subscribers an initial free trial as part of their subscription. In such cases, users will get free access to the content as part of their digital subscription for the duration of the free trial period (7 days). At the end of the free trial period, you may either cancel your subscription as described in section 7 (Cancellation and Refunds) or choose to upgrade to the yearly subscription option to gain access to all modules and content.
Free trial periods start when you receive your order confirmation email as referred to in section 1 (What is a Subscription?) and will continue for 7 days. 14 and 21 days up to and including the day before your first payment falls due. We will tell you the date of your first payment in the confirmation of the contract as described in section 2 (Orders for Subscriptions). A free trial period will expire as described above irrespective of whether you have accessed any content during the free trial period.
Free trials as described above, will only be available for new subscribers. This means that if you have previously benefited from a free trial (or part of a free trial) for a digital subscription, you will not be entitled to another free trial if you subsequently cancel your subscription and order another subscription at a later date.
6. Cancellation and Refunds
(a) Right to cancel during a free trial period
In addition to your legal right to cancel (in section 7(b) below), if you have applied for a free trial and have been supplied with the content as part of an initial free trial for a subscription, we also give you the right to cancel at any time during the free trial period (up to and including the day before your first payment falls due). If you wish to cancel during this period, you should telephone our customer services team using the contact details in section 9 (Customer Services). Please note that if you cancel during a free trial period and it is too late to stop the initial payment being taken, the payment will be taken and we will refund it to you.
(b) Refunds
Other than in the circumstances described in section 7(a), we are unable to refund payment unless: (a) we are unable to fulfil your subscription. If this is the case, you may cancel your subscription and obtain a proportionate refund for the unexpired part of your current subscription; or (b) there are exceptional circumstances, which we will assess on a case by case basis. If we then decide that exceptional circumstances apply we may, at our reasonable discretion, give you a proportionate refund.
If you have a query about obtaining a refund, please contact our customer services team using the contact details in section 9 (Customer Services).
7. Our Responsibility To You
We shall not be responsible for any failure by us to perform our obligations to you where this failure is caused by circumstances beyond our control. Furthermore, we shall not be responsible for any failure to deliver your digital subscription if this is due to the supply of incorrect contact details by you.
Please note that issues with your internet network operator and/or data connection with your device may mean that you are unable to access content at any particular time – this is outside of our control, and we shall not be responsible in these circumstances.
In all cases, our liability to you in connection with your subscription will not exceed the total subscription fees charged for your current digital subscription period (being in all cases a renewable period of twelve (12) months). We exclude all other liability to you to the extent permitted by law. Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.
You may have statutory consumer rights that apply to your subscription which cannot be limited, excluded or modified. Nothing in these terms and conditions limits, excludes or modifies any such consumer rights.
8. Customer Service
If you have a query or complaint about your subscription, please contact us using any of the contact details below:
Email: hello@physio-theory.com
Phone: +61411936943
Address: Physiotheory
Suite 356, Shop 22, 244-252 Margaret Street, Toowoomba City, 4350
9. Corporate Information
Our subscription services are provided by Physiotheory. Registered office: Physiotheory, Suite 356, Shop 22, 244-252 Margaret Street, Toowoomba City, 4350
10. General
We intend to rely on the written terms set out in these terms and conditions for the subscription that we provide to you. We acknowledge that you may receive written and verbal information from our customer services team which shall also be incorporated into these terms and conditions.
We may update these terms and conditions from time to time for legal or regulatory reasons or to allow the proper operation of your digital subscription. Any changes will be notified to you so that you can choose whether or not to cancel your direct debit or credit or debit card payments, and whether to proceed with your next renewal. The changes will apply to your digital subscription from your next payment date after we notify you of such changes. If you do not wish to accept the new terms and conditions you should not continue to subscribe as this will indicate your agreement to be bound by the new terms and conditions.
If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these terms and conditions.
These terms and conditions are governed by Queensland law and the parties agree to submit to the non-exclusive jurisdiction of the Queensland courts.