Terms and Conditions of Use
1. Acceptance of Terms
1.1 By using the Site, you
(i) agree to be bound by the Terms
(ii) represent that you are over the age of eighteen (18) and able to form legally binding contracts
(iii) agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged.
PLEASE NOTE THAT THESE TERMS PROVIDE THAT IF YOU AND JODIE KRANTZ, FREE2MOVE PHYSIOTHERAPY, ITS EMPLOYEES AND CONTRACTORS ARE UNABLE TO RESOLVE ANY DISPUTES THAT ARISE EITHER INFORMALLY OR THROUGH MEDIATION, THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY.
1.2 Definitions The words “User,” “you” and “your” refer to the individual or entity that creates an account as a Customer. “Free2Move Physiotherapy”, “Jodie Krantz,” “we,” “us” and “our” refer to Jodie Krantz, their employees and contractors. “free2move.com.au” and “the Site” refer to the website https://free2move.com.au/, “Customer” refers to the person who uses the Site or Services. The word ‘Services’ refers to individual and group, interactive and non-interactive, audio and video-linked consultations provided by Jodie Krantz, Free2Move Physiotherapy, their employees and contractors, which may include but are not limited to physiotherapy face to face physiotherapy services, video-linked physiotherapy consultations, education and information regarding exercise, lifestyle and self-help techniques. ‘Products’ refers to audio and video recordings including but not limited to educational audio and video exercises, lifestyle and self help techniques made available to stream or download from the site regardless of whether they are free or purchased by the User. ‘Appointments’ and ‘Consultations’ (singular or plural) refer to individual appointments at the Free2Move Physiotherapy clinic or to individual video linked appointments online.
1.3 Communications By supplying or entering your telephone number and email address you agree to receive communications such as phone calls, emails and SMS communications for the purposes identified above.
1.4 Limited Services during Video Linked Appointments You acknowledge, understand and agree that Physiotherapy services offered via video linked appointmentments, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits. For this reason your Physiotherapist may not correctly diagnose or treat your presenting issues. Online physiotherapy services may not be appropriate for your situation of health issues and should only be used when the user has not access to attending an in-person appointment at a local Physiotherapy clinic. Services which are unavailable during video linked appointments include but are not limited to hands-on treatment, manual therapy, mobilisation, massage, trigger point dry needling, lower level laser therapy, ultrasound an other forms of electrotherapy.
1.5.1 User Accounts; Restricted Activities; Suspension or Termination of Service
When you register as a User on the Site, you can establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password, and account data, and you may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Free2Move Physiotherapy of any unauthorized use of your password or account. You should only create one account on the Site. If your Free2Move Physiotherapy account has been suspended or terminated, you may not open another account on the Site.
1.5.2 You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Free2Move Physiotherapy accounts.
1.6 While all due care is taken, Free2Move Physiotherapy, Jodie Krantz, their employees and contractors makes no representation and provides no express warranty or guarantee, and excludes all liability and any implied warranties (whether implied by statute or otherwise) in connection with:
1.6.1 The provision and availability of the Site Free2Move Physiotherapy, JodieKrantz.com or any other linked website;
1.6.2 The functionality, features and performance of the Site (Free2Move Physiotherapy) may withdraw, suspend or discontinue any functionality or feature at any time);
1.6.3 Legality or suitability of the Site or any services provided through it;
1.6.4 Title and non-infringement of third party rights;
1.6.5 The security of the Site or any linked site, or the safety of any file or software associated with them (such as safety from any virus or defects including those which could damage or interfere with your data, hardware or software);
1.6.6 Merchantability, fitness for a particular purpose and non-infringement of the Site;
1.6.7 The Site being provided error-free or without interruption (including without limitation the availability of internet connections or other telecommunications systems); or
1.6.8 The accessibility, accuracy, quality, currency or reliability of Site or any linked site, or of any Free2Move Physiotherapy or third party materials, information, products or services promoted or accessed via the Site or any linked site.
2.1 Jodie Krantz provides individual coaching in home exercises, self-help techniques and lifestyle advice via Video Link (hereafter referred to as the Services).
2.2 Free2Move Physiotherapy, Jodie Krantz, their Employees and Contractors use the application “Zoom” over the internet to provide online individual video linked classes and individual consultations. While all due care is taken to protect the safety and security you assume all responsibility for the security. Circumstances beyond her control may occasionally render it impossible to offer you an adequate service, in which case you should seek the services of a local practitioner.
2.3 Use of the Services requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.
2.4 You understand that by continuing to use this Service you agree to incur out of pocket expenses, as health rebates are not available.
2.5 Cancellation of your appointment with less than 24 hours notice will result in 50% of the consultation fee being charged to your account.
3.1 Jodie Krantz offers video linked consultations for educational and exercise purposes only (the Services). You should not rely on this information as a substitute, nor does it replace professional medical advice, diagnosis or treatment.
3.2 Exercise is not without risks and this or any other exercise programme may result in injury. The risks include but are not limited to the risk of injury, aggravation of a pre-existing condition, or adverse effects of over-exertion such as a muscle strain, abnormal blood pressure, fainting or in very rare cases heart attack. To reduce the risk of injury, you should always consult with a physician or other health care professional before beginning this or any new exercise programme.
3.3 The use of information provided during video linked consultations with Jodie Krantz is entirely at your own risk. Do not disregard, delay or avoid obtaining medical advice because of information you obtain from Jodie Krantz via Video Linked Consultation.
3.4 By participating in a remote video linked consultation with Jodie Krantz, you release Jodie Krantz, and hold Jodie Krantz, harmless from any and all liability and claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services, and you waive the provisions of any law limiting or prohibiting a limitation and release as set out in this clause to the full extent permitted by Australian Law.
3.5 Any disputes will be resolved by an independent third party through Informal Resolution, Mediation or Arbitration in the state of Western Australia under Australian Consumer Law.
(a)Informal Resolution Prior to initiating mediation or arbitration, the party with a grievance must:
(i) Notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to the User’s email address on file with jodiekrantz.com (“Dispute Notification”);
(ii) The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond.
(iii) The other party then has 15 days to reply to the response.
(b)Mediation. If the dispute is not resolved informally, either party may make a demand for mediation. If either party requests mediation and both parties consent to mediation, the costs of mediation will be borne equally by the parties.
(c) Arbitration Any dispute not resolved informally or through mediation shall be resolved by final and binding arbitration so long as such disputes arise in any way out of the terms, any transaction with jodiekrantz.com or your use of the Site and / or any Service provided by Jodie Krantz. You further acknowledge that you and Jodie Krantz are each waiving the right to a trial by jury regarding any dispute. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
(d) Consent to Jurisdiction in Western Australia: The parties agree that the arbitration will be conducted in Perth Western Australia unless you and Jodie Krantz agree otherwise.
(e) Class Action Waiver. You and Jodie Krantz expressly agree that:
(i) Any arbitration proceeding will take place on an individual basis:
(ii) You expressly waive your ability to participate as a plaintiff or class member in any purported class, mass, collective, private attorney general or other representative proceeding
(iii) There shall be no class claims, consolidation or joinder allowed in any arbitration between the parties
(iv) Survivability: Right to Consult Tjos Dos[ite Resolution Agreement shall survive expiration or termination of this agreement for any reason.
(f) Survivability; Right to Consult. This Dispute Resolution Agreement shall survive expiration or termination of this Agreement for any reason. User acknowledges and agrees that he/she is entering into this Dispute Resolution Agreement voluntarily and without any duress or undue influence by Jodie Krantz or anyone else. User further acknowledges and agrees that he/she has carefully read this Dispute Resolution Agreement and that User has asked any questions needed for User to understand the terms, consequences and binding effect of this Dispute Resolution Agreement and fully understand it, including that User is waiving his/her right to a jury trial. Finally, User agrees that he/she has been provided an opportunity to seek the advice of an attorney of User’s choice before agreeing to this Dispute Resolution Agreement.
I have read, understand and agree to Terms and Conditions listed above.