This Terms of Use Agreement (this “Agreement”) is entered into between Alphington Sports Medicine Clinic and Alphington Exercise +  Rehabilitation (the “Author”) and “you”, the user of this website, alphingtonsportmed.com.au (the “Site”). By accessing, using and/or browsing the Site, you hereby agree to these terms and conditions.

THIS AGREEMENT CONTAINS DISCLAIMERS THAT LIMIT THE AUTHOR’S LIABILITY TO YOU. USING, ACCESSING AND/OR BROWSING THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO EVERY TERM AND CONDITION SET FORTH, PLEASE EXIT THE SITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE THE SITE.

BY ENTERING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS. YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.

MEDICAL ADVICE DISCLAIMER

The Author provides the Site and the services, information and content  (collectively, “Information”) for informational purposes only. The Author does not provide any medical advice on the Site, and the Information should not be so construed or used as so. Using, accessing and/or browsing the Site and/or providing personal or medical information to the Author does not create a practitioner-patient relationship between you and the Author. Nothing contained in the Site is intended to create such a relationship and does not replace the services of a licensed, trained health professional. Nor is it a substitute for medical advice of a health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a licensed health professional in your state in all matters relating to your health. You therefore agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.

FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER

You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Author. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.

INFORMATION DISCLAIMER

The opinions expressed in the Site are merely opinions of the Author. This Site is created by the Author in the Author’s individual capacity and is the Author’s personal web site,

Any opinions of the Author on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions. They should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.

The Information on the site may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Information may become out-of-date. The Author undertakes no obligation to update any Information on the Site; provided, however, that the Author may update the Information at any time without notice in the Author’s sole and absolute discretion. The Author reserves the right to make alterations or deletions to the Information at any time without notice.

POSTING GUIDELINES

The Site is open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the Author in the form of user generated comments or otherwise, you grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.

You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. 

By submitting or posting content on the Site, you grant the Author and any company substantially under the control of the Author, the right to remove any content or comment that, in Author’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Author and any company substantially under the control of Author the right to modify, adapt, and edit any content.

THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER

The Site may, from time to time, contain links to third party web sites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the Author of the services, information, content and/or data on such third party web sites. The Author is not responsible for the content of linked third party web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.

TECHNICAL USE OF THE SITE

By using the Site you agree to these terms and conditions of use. Use of the Site is at your own risk and the Author does not warrant that use of the Site will be error free or without interruption on your choice of platform or device. You, as the user of the Site, are responsible primarily for your Internet and computer security. If you use or follow links on the Site, the Author makes no warranties about the contents in those links or any other websites.

Your use of this Site is also subject to our privacy policy and specific information is available in the privacy policy about the use by the Author of cookies and other web tools

The information on this website is intended only for residents of Australia and may not be applicable in other jurisdictions. This website complies with Australian regulations and may not comply with regulation imposed by other jurisdictions.

You must not copy or circulate information you find on the Site without our prior consent in writing.

If you have an concerns or queries about information you see on this website then your first port of call out to be Gaylene McKay, unless in the case of a medical emergency, in which case you should dial 000 (in Australia)

DISCLAIMER OF ALL WARRANTIES

Under no circumstances, as a result of your use of the Site, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the Site for:

1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;

2. any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the Information;

3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or

4. any decision made or action taken or not taken in reliance upon the Information.

RESERVATION OF INTELLECTUAL PROPERTY RIGHTS

The Site is protected by Australian copyright laws. The Author hereby reserves any and all intellectual property rights in the Site.

AGE RESTRICTION

The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.

INDEMNIFICATION

You agree to indemnify and hold the Author harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Information contained therein.

INVALIDITY

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

ENTIRE AGREEMENT

You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the Site and the Information contained therein.

MODIFICATION The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.

WAIVER

The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.