Terms and Conditions

Thank you for using the services of Injury Wizard.

The Terms and Conditions of Service set out below (“Terms”) outline the provision of physiotherapy services to Clients by qualified Physiotherapists provided by Injury Wizard and govern the access and use of the Injury Wizard Website and app (collectively the “Services”), and form a binding agreement between Katelyn Collier Trading As Injury Wizard (collectively or individually “Injury Wizard”, “We”, “Us”, “Our” and similar grammatical forms) and the Client (collectively or individually “You”, “Your”, “Client”, “Clients” and similar grammatical forms). Clients who use the Services must do so under the following Terms (this “Agreement”).

The Services, including all intellectual property and confidential information, is owned and operated by Injury Wizard. Our privacy policy is located at http://injurywizard.com.au (“Privacy Policy”).

By accessing or using the Services, You acknowledge that You have read, understood, and agree to be bound by the Terms of this Agreement. If You do not agree to the Terms, please cease using the Services immediately. We recommend that You save a copy of this Agreement for Your records.

Injury Wizard reserves the right to periodically modify this Agreement. Any such changes will be published on the Website and become effective at least fourteen (14) days following the posting. If You do not accept the amendments, You must discontinue accessing or using the Services. By continuing to access or use the Services, You agree that the then current version of this Agreement (including any amendments effective at that time) or Privacy Policy applies to Your access and use of the Services.

1. Interpretation

1.1 Any terms used in these Terms have the same meaning as in the Tax Invoice.

1.2 In these terms:

(a) Appointment means the arrangement to meet with a qualified Physiotherapist and representative of Injury Wizard.

(b) CCA means the Competition and Consumer Act 2010 (Cth) and all related regulations, as amended from time to time;

(c) Client means the person, firm, organisation or corporation using the Services.;

(d) Facilities means the premises at which Injury Wizard operates the Services as advised the Client when making the Appointment;

(e) Fee Schedule: means the list of fees charged by Injury Wizard for Services categorised by service type and duration. 

(f) Physiotherapist means the Physiotherapist registered with the Physiotherapy Board of Australia, engaged by Injury Wizard.

(g) GST means the tax payable on a Taxable Supply within the meaning of the GST Act;

(h) GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate;

(i) Session means the engagement of Services between the Client and Physiotherapist. 

(j) Taxable Supply has the meaning given to the term in the GST Act;

(k) Terms means these terms and conditions.

(l) Website means the Injury Wizard website located at www.injurywizard.com.au.

2. Acceptance & Agreement

2.1 The Services are provided to You in accordance with this Agreement and subject to these Terms.

2.2 Upon acceptance of these Terms, You may only use the Services in accordance with these Terms.

2.3 You are taken to have accepted, and are immediately bound by, these Terms, upon You:

(a) continuing to access and use the Services after viewing or receiving a copy of these Terms; or

(b) by any other means or method which informs Injury Wizard of Your acceptance.

3. Using the Services

3.1 You must be at least eighteen (18) years of age to access and use the Services.

3.2 To the full extent permitted under any applicable law, Injury Wizard declines any responsibility for any acts or omissions made by a minor with or without a parent or guardian's permission. If You are under eighteen (18) years of age, You may only access the Services with the involvement and consent of a parent or guardian.

3.3 You agree not to misrepresent Your identity or any personal information. You warrant that all data provided by You to us is correct, accurate, current and complete.

3.4 You must only use the Services in accordance with these Terms and any applicable laws.

(a) By entering this Agreement, You acknowledge and agree that You engage with the Services at Your own risk and responsibility.

3.5 You agree to indemnify, defend and hold harmless Injury Wizard, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees on an indemnity basis) arising from Your use (or misuse) of the Services or Your breach of the Terms.

3.6 You must only use the Services in accordance with these Terms and any applicable laws.

(a) By entering this Agreement, You acknowledge and agree that You engage with the Services at Your own risk and responsibility.

4. Pricing and Payments

4.1 Fees for Services are charged in accordance with the Fee Schedule. 

4.2 The Fee Schedule may be provided to clients upon request via email. The fees outlined in the Fee Schedule are subject to change at the discretion of Injury Wizard.

4.3 All amounts payable are expressed inclusive of GST, where GST is applicable.

4.4 You are required to make payment at the time of Your Appointment unless alternative arrangements have been agreed upon in advance and confirmed in writing by a representative of Injury Wizard.

4.5 You will be issued a tax invoice on the day of Your appointment. 

4.6 We accept payment by cash, credit card, Debit Card, EFTPOS  or electronic transfer. 

4.7 In case of missed appointments without 24 hours' notice, a cancellation fee may apply.

4.8 You remain responsible for any uncollected amounts. If payment is not successfully settled, due to card expiration, insufficient funds, or otherwise, We reserve the right to suspend access to Services until a valid payment method is successfully charged.

4.9 Our fees may be increased over time. We will make reasonable efforts to notify You of any changes. 

Cancellation of Appointments & Refunds

4.10 You may cancel an Appointment up to 24 hours before a scheduled Appointment free of charge. 

4.11 If You cancel an Appointment less than 24 hours before a scheduled Appointment, We may charge You the full amount payable for the Appointment (or the amount as provided by a third party funding organisation)  and, if charged, You must pay that amount.

4.12 We may, at our absolute discretion, accept or deny any cancellation or refund request by You without reason or explanation.

4.13 If We learn of any error in the charging of fees, then We may correct the error at any time and provide reasonable notice of the correction of the error at Our discretion.

5. Client Indemnity

5.1 To the full extent permitted by law, You release, discharge and indemnify and keeps Injury Wizard indemnified from any and all claims and demands by third parties upon Injury Wizard arising out of or consequent on or incidental to the use or misuse of the Services.

5.2 You indemnify Injury Wizard from any claims arising out of the use of the Services including damage to property or injury to persons.

5.3 Without limiting above clause 5.1, You agree that to the full extent permitted by law, no warranties are given by Injury Wizard in respect of the Services. Any liability of Injury Wizard pursuant to any warranty which cannot be excluded by law will not exceed the cost of resupplying the Services, at Injury Wizard’s sole discretion.

6. Client Responsibility

6.1 You acknowledge and agree that when engaging in the Services, You are responsible for:

(a) Providing the Physiotherapist with all relevant information in order for them to assist You. You acknowledge that the Physiotherapist's ability to assist You adequately depends on the presentation of all relevant facts during the Session.

(b) Behaving in a respectful manner, Injury Wizard does not tolerate any abusive behaviour and reserves the right to terminate the Session if You behave in a manner that makes the Physiotherapist uncomfortable.

6.2 You release Injury Wizard from any liability for the loss caused by fault of Services.

6.3 If there is a failure with the Services, You must immediately stop using the Services and notify Injury Wizard.

6.4 You must take all necessary steps to prevent injury occurring to persons or property as a result of the Services.

7. Client Liability

7.1 You will assume all risks and liabilities for, and in respect of, the Services and for all injuries to or deaths of persons and any damage to property howsoever arising from Your use of the Services, or attendance to the Facilities.

8. Intellectual Property 

8.1 The intellectual property rights in all software and content (including all photographic images, specifications and design) made available to You on or through the Website remain the property of website owner or its licensors and are protected by copyright laws and treaties around the world. Injury Wizard reserves all of our rights and the rights of our licensors. 

8.2 Despite the above restrictions on the use of the material on the Website, You may download material from the Website for Your personal non-commercial use provided You do not remove any copyright and trademark notices contained on the material.

8.3 You are not allowed to use Injury Wizard’s logo or any brand of trade mark (or any marks which are similar in nature) without Injury Wizard’s prior written consent. 

8.4 You may not modify or copy:

(a) the layout of the Website; or

(b) any computer software and code contained in the Website.

8.5 Injury Wizard reserves all intellectual property rights, including, but not limited to, copyright in all material that is published on the Website or elsewhere, or through the Services provided. The material provided on the Website is supplied for personal use only and may not be:

(a) re-sold or re-distributed in any material form;

(b) stored in any storage media; or

(c) re-transmitted in any media; or

(d) used in any commercial sense

without prior written consent from Injury Wizard.  

8.6 You may link to the Website home page, provided You do so in a way that is non-commercial, fair and legal and does not damage the Injury Wizard reputation or take advantage of it. Still, You must not establish a link in such a way as to suggest any form of association, approval or endorsement with Injury Wizard where none exists. You must not establish a link from any website that is not owned by You. The Website must not be framed on any other site, nor can You create a link to any part of the Website other than the home page. Injury Wizard reserves the right to withdraw linking permission without notice.

8.7 Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on the Website are in no way associated, linked or affiliated with Injury Wizard and You should not rely on the existence of such a connection or affiliation. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Injury Wizard. All other trade marks or service marks on the Website are the property of their respective owners. You must obtain written permission from Injury Wizard before reusing any copyrighted material that is published on the Website. Any unauthorised use of the materials appearing on the Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

9. Privacy

9.1 Injury Wizard use private rooms and You are not observed by anyone else while in Session. 

9.2 Injury Wizard’s Privacy Policy sets out how Your information will be used. You can find Our Privacy Policy on the Website or request a copy at the email address provided below. Any personal information collected through the Services, or otherwise, will be dealt with under the Privacy Policy. 

9.3 Injury Wizard will comply with the Australian privacy legislation concerning Your personal information. Please refer to the Privacy Policy for details on how Injury Wizard collects, uses and discloses Your personal information.

9.4 By accessing or using any part of the Services, You agree to the Privacy Policy and consent to the collection, retention, use, and sharing of Your information, including the transfer of Your personal information and other information and data about You from Your location and country of residence to Australia or other countries where the laws regarding Your privacy may not be the same.

9.5 There is no transmission method, whether over the internet, electronically, or through Our Third-Party service providers, that is fully secure and safe. Injury Wizard does not necessarily use encryption or other technologies to ensure the secure transmission of information via the internet or through Third-Party platforms and telecommunication services. You are highly encouraged to exercise reasonable care in accessing, storing and sending personal information via the internet or through Third-Party platforms and telecommunication services. 

9.6 We cannot guarantee the security of Your personal information. If we are required by law to inform You of any unauthorised access, use, disclosure or Loss of Your personal information, then Injury Wizard will notify You electronically, in writing or by telephone (if required and permitted to do so by law).

10. General

10.1 Nothing in these Terms is intended to exclude, restrict or modify rights which You may have under the CCA or any other legislation which may not be excluded, restricted or modified by agreement.

10.2 A party waives a right under these Terms only if it does so in writing. Injury Wizard does not waive a right simply because it fails to exercise the right, delays exercising the right or only exercises part of the right. A waiver of one breach of a term of these Terms does not operate as a waiver of another breach of the same term or any other term.

10.3 If a provision in these Terms is wholly or partly invalid or unenforceable in any jurisdiction, that provision or the part of it that is invalid or enforceable must, to that extent, and in that jurisdiction, be treated as deleted from these Terms. This does not affect the validity or enforceability of the remaining provisions in that jurisdiction, or of the deleted provision in any other jurisdiction

10.4 Injury Wizard may assign or otherwise deal with the benefit of any contract made pursuant to these Terms without Your consent.

10.5 The Agreement is governed by the laws of the State of Queensland and each party submits to the exclusive jurisdiction of the Queensland Courts for all purposes.

11. Contact Information 

If You have any questions or concerns, please reach out to:

Attention:  Katelyn Collier

Email:  physio@injurywizard.com.au