Last Updated: Jan 11, 2024

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Welcome to The Pole Physio, owned and operated by Simone Muscat Physio (ABN: 92984015854). If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern The Pole Physio's relationship with you in relation to your use of this website.

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By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to The Pole Physio and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

 

Content and Information

The content provided on this website is for informational purposes only and does not constitute professional medical advice, diagnosis, or treatment. We do not endorse or guarantee the accuracy, completeness, or usefulness of any information, opinions, or advice presented on the website.

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User Responsibilities

You agree not to engage in any activities that may disrupt the proper functioning of the website or compromise the security of our users.

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Medical Disclaimer

All information and instruction on the Website is provided in good faith and we believe to be accurate, in line with industry best practices and up to date as at time of publication. We may update this information at any time. All the information, exercises, techniques, ideas and examples accessed on or through our website and digital material (“Content”) are for educational purposes only, are general in nature only, and are not in any way to be construed as individual or personal advice. The Content does not take into account your individual health, medical, physical or fitness ability and is not intended to substitute professional medical advice, diagnosis, or treatment. 

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Results vary from individual to individual. For this reason, performance, progress and success is reliant on the individual to meet their own requirements. We cannot and do not guarantee any particular results and you are responsible for your own progress.

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You are responsible for consulting a suitable medical professional before using any of the Content, information or materials contained in any fitness programs offered online (‘Programs’) or accessed through our website, before trying any exercise, technique or taking any course of action that may directly or indirectly affect your health or well-being. We do not endorse or recommend any specific tests, treatment, products, procedures, opinions, or other information mentioned on the website.

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You understand that your participation in these activities and Programs may involve a risk of injury and you take full responsibility and risk for making any decision or taking any action based on the Content on our website or contained in our Programs. 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 information, goods or services contained on or accessed through this website and all such liabilities are expressly disclaimed.

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Cookies

We employ the use of cookies. By accessing The Pole Physio, you agreed to use cookies in agreement with the The Pole Physio's Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

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Intellectual Property and Restrictions of Use

​Unless otherwise stated, The Pole Physio and/or its licensors own the intellectual property rights for all material on https://thepolephysio.com. All content, including text, graphics, logos, images, design, layout, look, appearance and trademarks are the property of The Pole Physio and is protected by intellectual property laws. All intellectual property rights are reserved. You may not reproduce, distribute, or display any portion of the content without our prior written consent. You may access this content from The Pole Physio for your own personal use subjected to restrictions set in these terms and conditions.

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You may not, except with our express written permission, distribute or commercially exploit the content reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically, store or otherwise or distribute any of the materials, documents or products that may be available for download from on this website.

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The Pole Physio expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

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You must not without prior approval from The Pole Physio:

• Republish material from The Pole Physio

• Sell, rent or sub-license material from The Pole Physio

• Reproduce, duplicate or copy material from The Pole Physio

• Redistribute content from The Pole Physio

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This Agreement shall begin on the date hereof.

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User Contributions

Users may have the opportunity to contribute comments or content to the website. By submitting content, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.

The Pole Physio does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of The Pole Physio, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, The Pole Physio shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

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The Pole Physio reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

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You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

• The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

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You hereby grant The Pole Physio a non-exclusive license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

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Hyperlinking to our Content

The following organisations may link to our Website without prior written approval:

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• Government agencies;

• Search engines;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System wide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

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These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

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We may consider and approve other link requests from the following types of organisations:

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• commonly-known consumer and/or business information sources;

• dot.com community sites;

• associations or other groups representing charities;

• online directory distributors;

• internet portals;

• accounting, law and consulting firms; and

• educational institutions and trade associations.

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We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organisation does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of The Pole Physio and (d) the link is in the context of general resource information.

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These organisations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

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If you are one of the organisations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to The Pole Physio. Please include your name, your organisation name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Please wait up to 2-3 weeks for a response.

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Approved organisations may hyperlink to our Website as follows:

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• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

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No use of The Pole Physio's logo or other artwork will be allowed for linking absent a trademark license agreement.

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iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

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Limitation of Liability

To the maximum extent permitted by law, including the Australian Consumer Law, it is an essential pre-condition to you using our website that you agree and accept that The Pole Physio is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

 

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

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Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

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Links to Other Websites

The Pole Physio may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between The Pole Physio and the owners of those websites. The Pole Physio takes no responsibility for any of the content found on the linked websites.

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The Pole Physio's website may contain information or advertisements provided by third parties for which The Pole Physio accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

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Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

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Removal of Links from our Website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment via email. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

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Disclaimers & Warranties

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. Nothing in this disclaimer will:

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• limit or exclude our or your liability for death or personal injury;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• limit any of our or your liabilities in any way that is not permitted under applicable law; or

• exclude any of our or your liabilities that may not be excluded under applicable law.

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The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

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The Pole Physio gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website. 

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. 

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Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to purchase any goods or services.

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Payments and Refunds

Workshop, program and course services provided by The Pole Physio are non-transferable and non-refundable. We use secure third-party payment gateways such as Stripe for most financial transactions. We cannot access your credit card or other financial details. You agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.

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Exclusion of Competitors

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of The Pole Physio. The Pole Physio expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then The Pole Physio will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and/or improper use. The Pole Physio reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

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Privacy 

We are committed to protecting your privacy at The Pole Physio. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all reasonable steps to preserve the security of such information.

 

Any information collected about you is used to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles and General Data Protection Regulation. Please read our separate Privacy Policy carefully found here.

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Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

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Services (Physiotherapy Consultations, Workshops and/or Programmes)

Physiotherapy consultations/services are bound by our terms of conditions. Please read these for greater detail. When participating in any consultation, exercise or exercise program, there is the possibility of physical injury. If you engage in this activity, you agree that you do so at your own risk, are voluntarily participating, assume all risk of injury to yourself, and agree to release and discharge The Pole Physio all its physiotherapists, commentators and any associated with the The Pole Physio website from any and all claims or causes of action, known or unknown.

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The Pole Physio and its contents are made available without warranties or guarantees of any kind and The Pole Physio, any contributing author(s) of any articles including any third party contributors, disclaim any and all liability for any type or form of injury, including personal, direct, indirect or consequential or damage of any kind or type resulting from the use of this website or from any information, advice, goods, services or other resources that may be mentioned or made accessible through this website. This includes personal physical injury from performing any exercise described, or any and all forms of injury and/or damage to person, both animate or inanimate, mental, physical, electronic or any and other form of injury. We also disclaim liability caused by intentional or unintentional negligence.

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You should always consult a doctor before starting a fitness program or changing your diet. Not all exercises, nutrition programs or activities are suitable for everyone. The information presented in this website is in no way intended as a substitute for medical, nutritional or psychological counselling.

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All information contained on The Pole Physio , including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. The content is also not intended to be a substitute for tailored professional training, nutrition, diet, health, wellness, fitness, training tips, related issues or any other form of advice. When in doubt, consult your primary care physician, or health care professional.

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Jurisdiction 

This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and The Pole Physio that results in litigation, then you must submit to the jurisdiction of the courts of Victoria. 

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Changes to Terms of Use

We reserve the right to update or modify our terms of use from time to time. Should we update, amend or make any changes to this document, those changes will be posted on this page.

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For any support, inquiries or concerns, please contact info@thepolephysio.com