WEBSITE Terms of Use

1. APPLICATION OF TERMS

Thank you for visiting our website. This website is owned and operated by PNMV Pty Ltd ACN 144 968 856 as trustee for the PNMV Trust ABN 54 381 780 796 trading as Exercise for Rehabilitation and Health (we, us or our).

These Terms apply to your use of exerciserehab.com.au (Website).

By accessing and/or using the Website and related Products, you agree to be bound by these Terms. If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

You agree to be bound by these Terms when you:

• Use the Website
• Obtain or order Products from us; or
• Register an account through the Website.

We may amend these Terms from time to time and these changes will be deemed to be immediately incorporated into and form part of them. By continuing to visit and use the Website and purchase our Products, you will signify your agreement to be bound by the amended Terms. We encourage you to read our Terms and check back often.

2. ABILITY TO ACCEPT TERMS

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. 

We may collect personal information about you in order to provide our services, such as responding to your enquiry or processing a request, and for other purposes as detailed in our Privacy Policy.

We may disclose that information to third parties that help us deliver our Products (including any third party distributor, information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Products to you.

3. PRODUCTS, PRICE & PAYMENT

We offer all Products as set out on the Website at the time you place an order. 

We will charge you the following:

• The purchase price of each Product;
• Any delivery fee for delivering the Products; and
• Any other fees and charges set out in these Terms.

All prices, fees and charges identified on the Website or in these Term are in Australian Dollars (AUD) and are inclusive of GST (unless otherwise indicated).

We reserve the right to amend the prices of our Products and services at any time.

We accept payment of any order by paypal.

4. ORDERING PRODUCTS

You may order Products by submitting and order through the Website in accordance with these Terms.

Any order placed through the Website is an offer by you to purchase the particular Product for the price specified on the Website (plus any delivery fee and other necessary) at the time you place the order.

You agree to provide us with current, complete and accurate details to enable us to fulfil any order placed on the Website.

Orders made through the Website will be fulfilled and delivered by a third party.  By ordering any Product, you consent to us disclosing your personal information (to the extent reasonably necessary) to fulfil any order.

From time to time Products may become unavailable.  In certain circumstances we may be able to offer a substitute product.  If you do not want us to substitute any Product, please indicate this in your checkout cart prior to payment.

5. ACCEPTING ORDERS

We reserve the right to accept or reject your order for any reason, including (without limitation), if:

• The Product is not available;
• There is an error in the price or Product description; or
• We deem the order to be in violation of these Terms.

Each order placed for Products results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in accordance with these Terms.

If we reject an order placed through the Website, then we will take steps to notify you of that rejection within a reasonable time after you submit your order.

6. CANCELLATION, DELAY OR SUBSTITUTION

Prior to the dispatch of any order, we may cancel all or any part of an order without any liability to you for that cancellation if:

• The Product is not available;
• There is an error in the price or Product description; or
• We deem the order to be in violation of these Terms.

Where the order cannot be fulfilled because the Product is not available, we will give you the option to cancel or be provided with a refund unless you have indicated that the Product may be substituted for a comparable product.  

If we cancel an order placed through the Website, then we will take steps to notify you of that cancellation within a reasonable time after you submit your order.

7. REGISTRATION

You may complete the customer registration process to create an account with us through the Website before placing an order for Products. Any personal information that you give us to create your account will be held and used by us in accordance with our Privacy Policy.

You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Website.

8. DELIVERY

Please allow at least 5-10 working days for delivery from the receipt and payment of your order.  The delivery of our Products is through a third party wholesaler and as such, these delivery dates are estimates only. 

Please note that delivery times are estimates only and subject to the availability of our suppliers. Delivery times during peak seasons such as Christmas, and for remote and regional areas may be longer. 

Delivery estimates are subject to change. We accept no liability for late or delayed delivery of your order. 

9. REFUNDS & RETURNS

We do not accept returns or provide refunds for change of mind.

Our goods services come with guarantees that cannot be excluded under the Australian Consumer Law.  Nothing in these Terms purports to modify or exclude the conditions, warranties, undertaking and legal rights under the Competition and Consumer Act 2010 (Cth) and other local laws.

It your Product is faulty or not substantially as described we will take all reasonable steps to either replace, repair or refund the item.

To initiate a return, please contact us as detailed at the end of these Terms. 

You agree that you are responsible for the shipping costs of all returned Products. We accept no liability for lost deliveries. We recommend you send your Product with tracking to ensure the package is delivered to us.

10. INTELLECTUAL PROPERTY

The Website and its content and our Products contain intellectual property owned or licensed by us, including trademarks, copyrights, proprietary information and other intellectual property.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.

11. DISCLAIMERS

The information contained in this Website is provided for general guidance on matters of interest and well-being.  Any information is general in nature and may not be appropriate for you. 

Please consult with your medical or allied health professional regarding your personal health and circumstances, when interpreting any contained in this Website or using any Product.

It is imperative that all Products are used only in the manner for which they are intended, and that care and common sense are used when using any Products. To the extent permitted by law, we not accept any liability for, and are not responsible for, any Loss caused by the use or misuse of any Products.

The Website, our Products and all blog articles, resources, tools, and other resources on the Website are educational and informational resources only and are not a substitute for any kind of professional or specialist advice. We cannot guarantee the outcome of following any recommendations provided and any statements made regarding the potential outcomes are expressions of opinion only.

By continuing to use and read our Website and all blog articles, resources, tools, and other resources, and by buying and using our Products, you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on our website and in our blog articles, resources, tools, and other resources, and using our Products, is at your own risk.

We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

12. LINKS TO THIRD PARTY SITES

The Website may contain links to external sites that are not operated by us. We do not make any endorsements, warranties or representations as to the accuracy of information contained within those sites.

These links are provided for your convenience only and you acknowledge that any link to these sites does not indicate that we endorse such site or sites.  You link to any such site at your own risk.

13. LIABILITY

Nothing in these Terms restrict, limits or modifies our liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law or any other fair trading legislation of a State or Territory, the effect of which cannot be excluded.  To the extent permitted by law, our liability in respect of such rights shall be limited, at our option:

• in the case of services, resupply of the services or pay you the cost of resupply; and
• in the case of goods, repair or replace the goods, supply equivalent goods, pay you for the cost of replacing the goods or to acquire equivalent goods.

Where permitted by law, we are not liable in any way whatsoever (including for negligence) for any indirect, incidental, special and/or consequential loss suffered or arising out of the use of the Website or Products.

14. ACCEPTABLE USE POLICY

You agree that, when using the Website:

• all information and data provided by you through the Website is true, accurate, complete and up to date;
• you will promptly update any changes to your account information, as necessary;
• you will ensure that your LoginID and password that is used to access your account on the Website is kept in a safe and secure manner;
• you will promptly notify us if become aware of any unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
• you will check the labels and any instructions on the Products before consumption or use and where the Products do not come with instructions, you will take steps to ensure safe and appropriate use of the Products;
• you are responsible for any costs associated with your access to or use of the Website; and
• you will comply with all relevant laws relating to your use of the Website.

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• any act that would constitute a breach of privacy or any legal rights of any other person;
• use another person’s details without permission, or impersonate another person when using the Website;
• use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
• upload any virus, malware or other malicious software that is, or is likely to be detrimental to or in violation of our systems or a third party's systems or network security.
• knowingly transmit any viruses, worms, defects, Trojan horses or similar disabling or malicious code to the Website;
• use the Website to defame any person or entity;
• posting, commenting or otherwise transmitting any unauthorised material including, but not limited to any material that is likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise deemed, in our exclusive opinion unacceptable; or
• use the Website other than in accordance with these Terms.

15. SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

16. GENERAL

If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of Victoria.  Each party submits to the non-exclusive jurisdiction of the Courts of Victoria in relation to any dispute connected with these Terms or the Website.

For us to waive a right under these Terms, the waiver must be in writing.

Clauses which, by their nature, are intended to survive termination of these Terms, including clauses, 12, 13, 14 and 15, continue in force. 

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

17. DEFINITIONS

In these Terms:

Including and similar words do not imply any limit.

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, injury, loss, liability and cost, including legal costs on a solicitor and own client basis.

Personal information means information about an identifiable, living person.

Privacy Policy means our Privacy Policy available on our Website at here.

Product means any good or service advertised for sale or use on the Website.

Terms means these terms and conditions titled Website Terms of Use.

Website means Web address.

You means you or, both you and the person on whose behalf you are acting.

18. CONTACT & FEEDBACK

If you have any queries, feedback or any complaint in relation to these terms, please contact us on (03) 9351 0677 or [email protected]