Terms of Service
1. About the Website
(a) Welcome to Great Ocean Road Allied Health (the ‘Website’). The Website offers clients the opportunity to link in with private practitioners (physiotherapy, occupational therapy, and speech pathology) to receive allied health rehabilitation services (the ‘Service’) in the home, community, and/or via telehealth. Additional to our core services, the Website may offer a range of products (the ‘Products’) to our customers and clients for purchase.
(b) The Website is owned and operated by Great Ocean Road Allied Health Pty Ltd (ABN 52 645 396 756). Access to and use of the Website, or any of its associated Products or Services, is provided by Great Ocean Road Allied Health Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully.
(c) By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Great Ocean Road Allied Health Pty Ltd in the user interface of the Website.
3. Amendments of the Terms
(a) Great Ocean Road Allied Health Pty Ltd reserves the right to review and modify any of the Terms by updating this page at its sole discretion. When Great Ocean Road Allied Health Pty Ltd updates the Terms, it may use reasonable endeavours to provide you with notice of updates to the Terms, but is not bound to do so.
(b) It is the responsibility of the client or customer to regularly check for updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
4. Referral and Registration to Use the Service
(a) In order to access the core allied health Services, you must first fill in a referral form. This can be filled in by a health care practitioner on your behalf.
(b) The option to also register for a client account through the Website (the ‘Account’) may be provided in future as part of the Service.
(c) As part of the referral process, and/or as part of your continued use of the Services via an Account, you may be required to provide personal information about yourself (such as identification or contact details), including:
i) Full Name and Contact Details
ii)Preferred username
iii) Mailing address
iv) Telephone number
v) Password
For more information on personal information we collect, please see our Privacy Policy.
d) You confirm that any information you provide to Great Ocean Road Allied Health Pty Ltd in the course of completing the registration or referral process will always be accurate, correct, and up to date.
e) Once you have completed the registration and/or referral process, you will be a registered client of the Website (‘Client’) and agree to be bound by the Terms.
f) You may not use the Services and may not accept the Terms if:
i) you are not of legal age to form a binding contract with Great Ocean Road Allied Health Pty Ltd
ii) Services have been declined or withdrawn to you by Great Ocean Road Allied Health Pty Ltd
5. Your Obligations as a Client
a) As a Client, you agree to comply with the following:
i) you will use the Services only for purposes that are permitted by:
i) the Terms; and
ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address.
iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Great Ocean Road Allied Health Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Great Ocean Road Allied Health Pty Ltd providing the Services;
v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Great Ocean Road Allied Health Pty Ltd;
vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of clients or consumers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services.
viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
6. Products and Services
a) Where listed, all of our products (the ‘Product’) and service (the ‘Service’) prices are in Australian dollars (AUD) and may be inclusive or exclusive of GST depending on the product or service.
7. Service Payment
a) Where the option is given to you, you may make payment for the Services (the ‘ Service Fee’) by way of:
(i) Electronic funds transfer(‘ EFT’) into our nominated bank account
(ii) Credit Card Payment (‘Credit Card’)
b) All payments made in the course of your use of the Services are made using a secure payment gateway via Stripe (https://stripe.com/au). Payments are encrypted via a Domain Validated Secure Socket Layer (SSL) certificate. In using the Website, the Services or when making any payment in relation to your use of the Services, you confirm that you have read, understood and agree to be bound by the payment gateway terms and conditions which are available on the Stripe website.
c) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
d) You acknowledge and agree that Great Ocean Road Allied Health Pty Ltd can vary the Services Fee at any time.
8. Service Fee Refunds
a) Great Ocean Road Allied Health Pty Ltd will only provide you with a refund of the Services Fee in the event that an error in invoicing was made for a received service, or if the manager of Great Ocean Road Allied Health Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under exceptional circumstances.
9. Product Purchase and Returns Policy
a) In using the secure payment gateway to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
b) Payment of the Purchase Price may be made through STRIPE. In using this purchase payment gateway, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by STRIPE.
c) Following payment of the Purchase Price being confirmed by Great Ocean Road Allied Health Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Great Ocean Road Allied Health Pty Ltd may record your purchase details for future use.
d) Great Ocean Road Allied Health Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
10. Copyright and Intellectual Property
a) The Website, the Services and all of the related products of Great Ocean Road Allied Health Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or licensed for these purposes, and are reserved by Great Ocean Road Allied Health Pty Ltd or its contributors.
b) All trademarks, service marks and business names are owned, registered and/or licensed by Great Ocean Road Allied Health Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Client to:
i) use the Website pursuant to the Terms;
ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
iii) print pages from the Website for your own personal and non-commercial use.
c) Great Ocean Road Allied Health Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Great Ocean Road Allied Health Pty Ltd.
d) Great Ocean Road Allied Health Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
i) business name, domain name, trade mark, industrial design, patent, registered design or copyright, or
ii) a right to use or exploit a business name, domain name, trade mark or industrial design, or
iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
to you.
e) You may not, without the prior written permission of Great Ocean Road Allied Health Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Product, Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
11. Privacy
a) Great Ocean Road Allied Health Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to the Great Ocean Road Allied Health Pty Ltd Privacy Policy, which is available on the Website.
12. General Disclaimer
a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
b) Subject to this clause, and to the extent permitted by law:
i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
ii) Great Ocean Road Allied Health Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Great Ocean Road Allied Health Pty Ltd make any express or implied representation or warranty about the Services or any Products or Services (including the Products or Services of Great Ocean Road Allied Health Pty Ltd) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
i) 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;
ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
iii) costs incurred as a result of you using the Website, the Services or any of the products of Great Ocean Road Allied Health Pty Ltd; and
iv) the Services or operation in respect to links which are provided for your convenience.
13. The Content
a) The information in any of our videos, presentations, webinars, e-books, online courses, blog and all other digital materials (together ‘Content’) is for general information and nothing contained in it is intended to be construed as individual or personal health care advice.
b) The Content does not take into account your individual health, medical, physical fitness or emotional condition or needs. The Content is not a substitute for medical attention, treatment, examination, advice or diagnosis and is not intended to provide a clinical diagnosis nor take the place of proper medical advice from a fully qualified medical or allied health professional.
c) Never disregard medical or allied health advice or delay in seeking medical or allied health advice because of something you have read on the Website.
d) You should, before you act or use any of this Content, consider the appropriateness of this information having regard to your own personal situation and needs. You are responsible for consulting a suitable medical or allied health professional before using any of the information or materials contained in our Content, before trying any treatment or taking any course of action that may directly or indirectly affect your health or well-being.
e) You take full responsibility and risk for making any decision based on our Content or information on this website. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any of our Content or information contained on this Website and all such liabilities are expressly disclaimed.
14. Limitation of Liability
a) Great Ocean Road Allied Health Pty Ltd ‘s total liability arising out of or in connection with the Product and/or Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you or the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Great Ocean Road Allied Health Pty Ltd is the resupply of information to you.
b) You expressly understand and agree that Great Ocean Road Allied Health Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
15. Termination of Client Membership
a) The Terms will continue to apply until terminated by either you or by Great Ocean Road Allied Health Pty Ltd as set out below.
b) Great Ocean Road Allied Health Pty Ltd may suspend your client registration or membership, access to and use of this Site if it considers it necessary to protect its interests or those of any other person while it investigates any technical issue, operational issue, breach of security, or a possible or suspected breach of these Terms.
c) Great Ocean Road Allied Health Pty Ltd reserves the right to report any offence to the proper authorities, if necessary.
d) If you want to terminate the Terms, you may do so by:
i) providing Great Ocean Road Allied Health Pty Ltd with notice of your intention to terminate; and
ii) closing your accounts for all of the services which you use, where Great Ocean Road Allied Health Pty Ltd has made this option available to you.
e) Your notice can be sent, in writing, to Great Ocean Road Allied Health Pty Ltd via the ‘Contact Us’ link on our homepage.
f) Great Ocean Road Allied Health Pty Ltd may at any time, terminate the Terms with you if:
i) you have breached any provision of the Terms or intend to breach any provision;
ii) Great Ocean Road Allied Health Pty Ltd is required to do so by law.
16. Indemnity
a) You agree to indemnify Great Ocean Road Allied Health Pty Ltd, its affiliates, contractors, employees, agents, contributors, third party content providers and licensors from and against:
i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
iii) any breach of the Terms.
17. Dispute Resolution
Please refer to our dispute resolution policy.
18. Venue and Jurisdiction
a) The Products and Services offered by Great Ocean Road Allied Health Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
19. Governing Law
a) The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
20. How to Contact Us
Please contact us using this form here.