By accessing and using this website you acknowledge that you have read these conditions and agree, without limitation, to be bound by them.
Trading Name: PhysioWest
ABN: 23 631 026 940
Telephone Number: 08 8352 3582
2.1 All payments for appointments, gym memberships, products or other services discussed on this website are to be made in Australian Dollars (AUD). All AUD advertised pricing includes GST.
3.1.1 The appointment fee is charged directly after the appointment. Patients may be asked to make payment prior to their appointment if the appointment is after 6pm. No deposit is required when making a booking.
3.2.1 No refund is available for appointments. Please refer to our satisfaction guarantee.
3.3 Cancellations and No-Shows
3.3.1 A late cancellation (less than 24 hours’ notice) or nonattendance fee is charged. This fee is 50% of the appointment fee. Payment can be made over the phone via credit card.
3.4 Refusal of Service
3.4.1 Services may be refused if the patient is unfit to provide consent (e.g. cognitive impairment, intoxication), if the patient is aggressive, if the patient is a minor who attends without a consenting adult or if the gym is otherwise unsuitable for a patient.
3.5 Satisfaction Guarantee
3.5.1 COMING SOON.
4.1.1 Products can purchased online or at the clinic. Products purchased online can be paid for by credit or debit card via a merchant facility. In-clinic purchases may be paid for by cash, debit or credit card. Invoices are available online via the email provided to PhysioWest.
4.2 Refunds and Returns
4.2.1 No refund is available for a change of mind.
4.2.2 If your item is damaged or faulty, please read our returns policy and conditions carefully to ensure you are eligible to return your purchase and receive a credit. Our policy lasts for 14 days from the date you received the goods (i.e. they were delivered to you or you picked them up from the clinic).
4.2.3 To be eligible to return an item and receive a credit for your returned item/s, they must:
– Be received by us within 14 days of the date you received the goods
– Be unused and in the same condition you received them. Items that have been worn cannot be returned.
– Have no make-up or other marks on the products.
– Not smell of cosmetics, perfume, deodorant, washing powder or other products.
– Have all original labels and tags attached.
– Creams, lotions, gift cards and discounted items are not eligible for return.
4.2.4 We inspect all returned items upon their return. Returns which fail to comply with the above will be returned back to the purchaser.
4.2.5 We are unable to process returns and credits until your item is received and has been inspected by us. Once we receive your return, subject to the conditions above, we will issue you a credit covering the cost of the item. We will send your refund within 2 working days of receiving and inspecting your returned item.
4.2.6 We inspect every item to ensure it is in perfect condition before it is sold. However, in the unlikely event you have received an item with a manufacturing fault, we will gladly refund the cost of the item.
4.3 Refusal of Service
4.3.1 PhysioWest reserves the right to choose with whom they wish to deal. PhysioWest may choose not to supply a business or customer on the basis of the reliability of that business, the cost of delivery, or the presentation of goods and services. Similarly, a PhysioWest may find it too costly or inconvenient to sell to everyone who asks.
4.3.2 If PhysioWest decides not to supply a business and their reason is not an improper one, the client business will have to renegotiate terms.
4.4.1 PhysioWest provides no guarantee beyond the manufacturer’s own guarantee.
5.1 The full statement of terms and conditions applicable to gym memberships and use is available here.
5.2.1 Memberships are charged and payable on the commencement day. Payment is only received in person when attending the clinic. Memberships may be paid by cash, debit or credit card. An invoice can be requested from PhysioWest reception.
5.4 Refusal of Service
5.4.1 Services may be refused if the patient is unfit to provide consent (e.g. cognitive impairment, intoxication), if the patient is aggressive, if the patient is a minor who attends without a consenting adult or if the gym is otherwise unsuitable for a patient.
5.5.1 PhysioWest provides no guarantee of improvement in health or function from use of the gym.
6.1 As affiliates of certain products and services, we may receive compensation for recommending and promoting products/services linked to from this website. Every effort has been made to accurately represent information presented on this website and at the PhysioWest clinic.
6.2 PhysioWest provides no guarantee of improvement in health or function.
6.3 Except for any implied condition, guarantee or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“Non Excludable Condition”), we exclude from these terms and conditions all conditions, guarantees, warranties and terms, implied by statute, general law or custom. Except for any liability in relation to a Non Excludable Condition, we exclude all liability whether arising in tort (including, without limitation, negligence), contract, equity or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the services. Nothing in these terms affects the statutory rights of any person under the Australian Consumer Law or any other applicable law.
8.1 The material contained in this site, including our name, logos slogans, data, downloadable documents, information, graphics, underlying software, are protected by copyright, trademark and other intellectual property laws, are owned by us and our licensees and are available for your personal use only.
8.2 You must not copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any such materials unless expressly provided for in these terms and conditions or with our express permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from our website does not transfer any right or ownership of such information, content or images to you and such information, content or images may be used solely in accordance with these terms and conditions.
8.3 The site and the data in it are supplied solely for informational use. Apart from permitted uses under the Copyright Act 1968 (Cth), and, except for the temporary copy held in your computer’s cache and downloading for private use, no part of the material or data contained in this site may be reproduced, altered, transmitted or re-used for any purpose whatsoever without the written permission of PhysioWest.
WEBSITE CONTENT AND MATERIALS
9.1 The information and materials contained in this site (including these terms and conditions) are subject to change without notice. We may discontinue or make changes to the content of this site and the network at any time. Any dated information included in this site is current at the date of publication only, and we will not have any obligation or responsibility to update or amend such information.
LINKS TO THIRD PARTY WEBSITES
10.1 Links to other websites may be provided from this site. In those circumstances we have no control over the content of those third party websites. We make no express warranties concerning the content of those other sites. In particular we do not warrant the accuracy, completeness or reliability of those sites for a particular purpose, nor do we warrant that such sites or their content are accurate, complete, current, or free of defects including but not limited to, viruses or other harmful elements. The user of this site will assume all risks and costs arising from the use of any website linked to this site.
11.1 You agree to indemnify and hold harmless PhysioWest and any affiliated organisations, and its directors, officers and employees from any claim or demand including reasonable legal fees, made by any third party due to or arising out of your use of this site or any violation of these terms and conditions.
NO OFFER OF PRODUCTS OR SERVICES
12.1 Nothing contained in this site will constitute an offer by our website for any products or services which may be advertised through the site including its micro site pages. Nor does our website make any specific warranty or representation of any kind with respect to any such information. Our website will not be liable to you or any person who incurs any loss or damage as a result of relying upon any such information.
13.1 These terms and conditions shall be construed and governed by the laws of South Australia, Australia. Further, any dispute arising from these terms and conditions or a breach of any agreement between us and you will be governed by the laws of South Australia, Australia. As a user of this website and our services you submit to the exclusive jurisdiction of the courts of South Australia, Australia and the federal courts of Australia.
14.1 We welcome enquiries or feedback on our website or any ideas you may have. Unless specifically stated by you we shall treat any information you provide us with, as non-proprietary and non-confidential.
GYM MEMBERSHIP AND USE
SETTING UP YOUR PROGRAM:
1.1 All gym members will participate in an initial gym assessment by a Physiotherapist. This session will take approximately 30 minutes and include a health check as well as equipment demonstration. This session will be additional to the Independent Membership Fee and will be charged at standard physiotherapy rates. Private Health fund rebates may apply.
1.2 It is recommended that a further one or two one-on-one sessions with a Physiotherapist are undertaken to ensure your exercises are performed safely and progressed appropriately.
1.3 You must be over 16 years of age to use the gym independently. Members younger than 16 years must be accompanied by a parent or guardian at all times.
1.4 You may not bring friends/family into the PhysioWest gym with you unless they have their own membership and program.
FEES & RENEWAL:
2.1 The Three Month Independent Gym Membership is a flat fee inclusive of GST.
2.2 There are no concession/senior discounts available and it is not claimable on your private health insurance.
2.3 Your Independent Gym Membership fee entitles you to use the gym as many times as you like for as long as you like within operating hours.
2.4 Your membership will expire after three months. It is then your responsibility to renew your membership. You will be declined access if you do not renew your membership.
2.5 PhysioWest has the right to increase membership fees. Please ask reception about current fees.
2.6 Queries regarding membership payments should be directed to reception staff.
2.7 Memberships are non-transferable.
OPERATING HOURS & BOOKINGS
3.1 When you enter PhysioWest, please check in with reception before going up the stairs to the gym.
3.2 Gym operating hours are as follows:
8.30am – 7.00pm Monday to Thursday
8.30am – 6.00pm Friday
8.30am – 1.30pm Saturday
Sundays, Public Holidays – CLOSED
3.3 Operating hours are subject to change without notice.
3.4 Please check open hours over holiday periods.
3.5 Bookings are essential so we can monitor the number of clients in the gym and ensure your safety. There will be no cancellation fee if you need to change your booking time for using the gym independently.
4.1 PhysioWest offers a Chair Lift for all members to use if required. Please enquire with either your Physiotherapist or reception staff for any queries and a demonstration.
5 GROUP EXERCISE SESSIONS / CLASSES
5.1 These sessions are supervised by a Physiotherapist. They are not included in the Independent Gym Membership fee. These classes are charged at a standard fee and may be claimable with private health funds.
5.2 Some areas of the gym are unavailable during class times. Please check class times with reception.
6 DOCTORS APPROVAL:
6.1 Subject to completion of initial Pre Membership Screening, prospective members may be requested to obtain medical clearance from their doctor.
7 PHYSIOTHERAPIST REVIEWS:
7.1 Sessions with your Physiotherapist 1:1 in the gym will be charged a standard physiotherapy fee. This is not included in your initial membership fee.
7.2 It is recommended that your program is reviewed by your Physiotherapist regularly (every three months).
7.3 It is recommended that a review is scheduled if your medical condition changes. This includes changing use of medications.
8 MEMBERSHIP SUSPENSIONS:
8.1 If, due to a medical emergency (accident or surgery) you are temporarily unable to attend PhysioWest, your membership may be suspended, subject to management approval.
8.2 Holiday suspension is offered to members who are unable to attend due to holiday commitments of one week or more. The maximum allowable is 14 days.
8.3 Suspensions are limited to one block of 14 days per 90 day membership.
9 MEMBERSHIP CANCELLATION:
9.1 Memberships may be cancelled if a medical condition prohibits you from any further use of the gym facilities. On receipt of a dated medical certificate a refund may be calculated proportional to the unused membership period minus a $15 administration fee. Calculations will be based on standard membership fees.
10 CHANGE OF DETAILS:
10.1 Please advise us of any changes of postal address, email address or phone number so that communication is optimal.
10.2 Please ensure that you advise staff of any change in your general health or medical status (including medications).
10.3 Please ensure that your emergency contact details are up to date.
11.1 Loose fitting clothing is recommended for all activities in the gym.
11.2 Appropriate closed in footwear (e.g. runners) is essential in the gym when using cardio equipment or weights.
11.3 Socks are appropriate for the Pilates and mat exercise equipment.
11.4 When using the reformer, non-slip mats are supplied and recommended.
11.5 A towel is required when exercising in the gym. Additional facial towels are available and should be placed in the dirty laundry container provided after use.
11.6 We recommend that you bring a suitable drink container to drink from while exercising.
11.7 Water coolers and disposable plastic cups are available in the kitchen.
12.1 Lockers are available for storage of personal items.
12.2 PhysioWest provides a kitchen sink and small fridge available for use while you are using the gym.
12.3 PhysioWest provides a bathroom consisting of toilet, sink and shower which are available for use.
12.4 Any lost property handed to our staff by a concerned fellow member will be registered and kept for possible claiming. Please enquire if you misplace any personal property.
13 PERSONAL LIABILITY:
13.1 Whilst on the premises member’s property and person shall be at their own risk.
13.2 PhysioWest will not be liable for any personal injury or loss of property.
14.1 PhysioWest provides a car park behind the premises.
14.2 Parking in the PhysioWest car park is at your own risk. We are not liable for any loss or damage to your vehicle or its contents.
15 EQUIPMENT SAFETY:
15.1 Any faults should be reported to staff immediately. Please report any equipment damage or maintenance to reception.
15.2 Equipment is to be used as prescribed by your physiotherapist.
16.1 Wipes and disinfectant spray are provided for your use. Please clean all equipment after use.
16.2 Please leave the gym in the same condition it was when you entered; this includes putting away weights after use and rolling up mats after use.
16.3 You are required to dispose of any rubbish you take into the gym.
17 SAFETY AND SECURITY:
17.1 A security camera operates in the gym to ensure client safety. Please discuss with the PhysioWest management if you have any concerns.
17.2 PhysioWest will not disclose any video footage or any of your personal information to anyone except management and/or your treating Physiotherapist if necessary.
18.1 Smoking is not allowed anywhere, anytime within the facility.
18.2 Alcohol and/or drug consumption is not permitted anywhere within the facility.
18.3 Pets (all apart from registered Guide Dogs) are not permitted within the facility.
18.4 You may be refused entry to the gym if you are under the influence of drugs or alcohol.
19.1 PhysioWest welcomes your feedback. Please let reception know if there is anything we can do to improve your experience in the PhysioWest gym. Alternatively please contact us on 8352 3582 or email@example.com.
20 EMERGENCY SITUATIONS:
20.1 In the event of an emergency your personal details and medical history may be disclosed to the relevant medical practitioner or attending emergency services.
20.2 In the event of an emergency, PhysioWest staff will contact your nominated emergency contact.
21 PHYSIOWEST RESERVES THE RIGHT:
PhysioWest reserves the right to cancel or suspend a membership on the following basis:
21.1 Unsafe premises or required maintenance. Memberships may be suspended for a period of 21 days. If the necessary works are not completed in this period the remaining membership will be refunded.
21.2 Change in your medical condition. If your Physiotherapist upon assessment deems that it is no longer safe for you to use the facility independently your membership may be suspended until your condition has resolved or cancelled and the remaining membership refunded.
21.3 Unsafe use of the gym or non-compliance with enclosed conditions. For your safety and the safety of others, PhysioWest reserves the right to cancel your membership if the enclosed conditions of use are not followed. Fees paid will be non-refundable.