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Terms & Conditions
Agreement to the Terms and Conditions of Use for products and services at In-Balance
These Terms and Conditions of Use (the "Terms of Use") apply to the In-Balance Physiotherapy and Pilates Pty Ltd premises  (at Level 1/233 Charles Street) our website located at www.inbalancephysio.com.au and all associated sites linked to www.inbalancephysio.com.au and its subsidiaries and affiliates (collectively, the "Site"). The Site is the property of In-Balance Physiotherapy and Pilates Pty Ltd (in-Balance) and its licensors.  
In-Balance Physiotherapy and Pilates Pty Ltd  (In-Balance) reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. If you comply with these Terms of Use, In-Balance Physiotherapy and Pilates Pty Ltd grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Attending Classes, Attendance, Cancellations & Payment
A minimum of two people are required for a group class to proceed. You will be contacted via text, phone or email should a class be cancelled.
Please be aware that classes are booked on a first come first serve basis. To avoid disappointment, classes can be booked in advance for a limited time period. Clients who purchase memberships will have unlimited booking ability. 
Payment must be made upon or before making a booking, NO exceptions. To book into a class you must either have a membership, pre-purchased sessions in your account or the ability to pay at reception at the time of booking.
If a class you particularly want is fully booked, please sign up for the waiting list. Due to our 12 hour cancellation policy there will often be movement within the classes. 
Should a place become available from the waitlist, then you will receive either an email, a text or both offering you a place in the class.
You are under no obligation to take a waitlisted offer however, we do ask that you respond by notifying us by text with a Y or N, or via email or phone on 63344766  if you cannot attend so the place can be offered to another client. i.e. Please remove yourself from the waitlist if you no longer wish to attend to avoid late cancellation or no show fees.�
Out of consideration for the instructor, other clients, and also for your own safety, the warm-up is an important aspect of each class. Please be aware that if you are more than 5 minutes late for a class, you may not be able to enter.
Directors and/or Instructors reserve the right to restrict clients to a particular class type for safety reasons; and Directors and/or Instructors reserve the right to turn clients away if they do not have the correct medical clearance.
If you are pregnant or have recently been pregnant, we may require clearance from your doctor in order for you to participate in Pilates classes. Please always inform your instructor if you are pregnant.
Please contact via email or phone if you have any questions relating to pregnancy.
Sessions are not transferable to another individual and CANNOT under any circumstances be used by another person. If someone other than the person booked into the class arrives to use the session, they will be turned away from the class – or asked to create an account and purchase their own sessions.
You are respectfully requested to leave the classroom punctually at the end of the class.
You should conduct yourself in a well-mannered fashion when in the class, so as not to impair the use and enjoyment by any other person. In particular, you may not use foul, loud or abusive language, nor will you molest or harass other members, guests, visitors or members of staff.
With the exception of bringing water to an exercise class, you must not consume any food or drink inside the facility that you have bought in from outside. You may not bring, use or be under the influence of illegal drugs or alcohol while at the classes.
Smoking is prohibited in all areas of the building.
We reserve the right to show potential Members and other individuals the facilities or allow them access on a trial basis.
We reserve the right to use any individual or group photographs or movie shots of classes for promotional purposes. With your written permission, we may use the photos for marketing and promotional purposes. In this event, your privacy and anonymity will always be protected.
You may not bring pets (other than guide or comfort dogs) into the building.

Cancellations/Rescheduling classes need to be made more than 12 hours prior to your class beginning (morning or evenings).
We understand sometimes unforeseeable circumstances can arise, but we must be strict, fair and consistent with all clients, therefore, NO exceptions will be made.
Late cancellations will incur a lost session. At In-Balance our class sizes are small and can fill quickly. This is why our Cancellation Policy exists which all clients must be adhered to.
Instructors and classes are subject to change without notice. In-Balance reserves the right to cancel classes if necessary.
If you do not cancel or reschedule your class within the 12-hour time frame or are a no-show/absent from your class, you will still  be charged for your class.
We will not be held accountable for missed classes due to lack of parking availability.
Communicable Diseases
If you have contracted a communicable disease, please ensure you have clearance in writing from your doctor before attending your next class. This is for the safety and well-being of all our clients, staff and customers. Please reschedule your class if you are experiencing a sore throat, fever, running nose and cough as per Covid 19 guidelines.
Personal Agreement
I agree that In-Balance is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes may be physically strenuous, and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against In-Balance or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. In-Balance does not assume responsibility for any lost or stolen personal property. If you do become the victim of a theft, immediately report it to an In-Balance staff member. By booking into a class, you automatically agree to the above Terms & Conditions.

These Terms of Service shall remain in full force and effect while you use In-Balance Services or are a Member. You may terminate your membership at any time, for any reason, by informing In-Balance in writing via email at admin@inbalancephysio.com.au . In-Balance may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that In-Balance charges fees for its services, and In-Balance reserves the right to change its fees from time to time at its discretion. If In-Balance terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
Membership terms
Membership Suspension terms: 
If a member has booked any work or leisure related travel this must be communicated to In-Balance prior to the date of the first class this affects, in order to be eligible for a membership suspension for the given travel period. 
Any ad-hoc travel for work or leisure that is not pre-planned and not communicated to In-Balance prior to the first class this affects is not automatically eligible for a membership suspension and will be determined at the discretion of In-Balance.  
Membership suspension is available for up to 4 weeks a year unless negotiated prior and suspension must be performed by In-Balance administration via phone or in person. 
For medical emergencies, injuries or any other extenuating circumstances, any refunds or suspension to a membership will be decided at the discretion of In-Balance, upon receiving proof of medical certificate or test results. This includes cases of COVID-19 or where quarantine is required by affected family members or members of the same household. 
For the 1 and 2 session per week memberships you are able to make unlimited bookings.  
If members have missed any classes for whatever reason within the weekly period of the membership, these missed classes will not carry over to the next. It is the member’s responsibility to schedule their own classes using In-Balance online booking system or app. 
Members must provide 12 hours’ notice to cancel a class. If they do not give sufficient notice, the class will be debited from their weekly allowance of sessions.  
Members will need to supply their own water bottles and towels for the classes.
Payment for memberships must be paid on or before the first class, if places are still available via cash, direct bank transfer or online credit card payment via the Mindbody website. 
After payment has been made, the membership is non-refundable and non-transferrable to another person under any circumstances.
All memberships are set to automatically roll over to another membership period. If you choose to terminate your membership, a written (email) notification to admin@inbalancephysio.com.au 3 business days before the membership is due to roll over is required to cancel the membership.  
As part of the membership agreement, In-Balance reserves the right to refuse entry to classes or cancel bookings if a customer’s account is in arrears and until they bring their account up to date. 
In-Balance may change these direct debit terms and/or pricing at any time by providing the customer with 30 days advance written notice of such changes.

Membership Termination
In-Balance may terminate your Membership (if applicable) and may eject you and refuse you re-entry to the facilities if you commit a serious or repeated breach of these Rules or your Membership or engage in any other serious misconduct. Termination of a membership can happen at any time, In-Balance determines any suspicious or unethical behaviour, however, no refunds will be given.
Terms & Conditions / Terms of Sale
Weekly Direct Debits for In-Balance Online
Weekly Direct Debits are valid for 1 week (7 days) and are activated on your chosen direct debit start date, automatically renewing every week.
Weekly Direct Debits are non-refundable and are not transferable between individuals and CANNOT be extended.
Weekly Direct Debits can be cancelled at any time before the next weekly pay cycle via email to admin@inbalancephysio.com.au
Payment will be automatically deducted from your nominated credit card each week (on the same day that you signed up).
Upon commencing any weekly contract, you are agreeing to a 4-week commitment, and you may not cancel your contract before this period ends.
Please contact admin@inbalancephysio.com.au should you wish to discuss this.
If your weekly payment is declined due to insufficient funds or an expired or invalid card, the Mindbody Online system will re-attempt the transaction for 2 days.
After this point a $5 administration fee will be added to help us recover the cost of the merchant fees from the failed transactions.
In-Balance Online Program
The In-Balance Online Program is designed to provide you with high quality video of some of our signature classes; The In-Balance Online Program is not directed at people under eighteen (18) years of age. The In-Balance Online Program is owned by In-Balance. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by the In-Balance Online Program, the mobile or tablet versions thereof, any In-Balance software, and any applications created by In-Balance whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service”). Please note that the availability of any In-Balance Online Program applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between In-Balance and such social networking site, mobile or tablet device, or internet television or other technology platform.
Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the In-Balance Online Program. By using the In-Balance Online Program, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the website, without access to content) or you are a “Member” (which means that you have registered as a user). If you do not accept the terms of this Agreement, you should leave the In-Balance Online Program and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the website. You agree to be bound by any modification to this Agreement when you use the In-Balance Online Program after any such modification is posted; it is therefore important that you review this Agreement regularly.
General Registration Requirements
If you wish to make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the In-Balance Online Program (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, In-Balance reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and of the In-Balance Online Program is void where prohibited. Content on In-Balance Online Program is provided to you “AS IS” for your information and personal use only and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of In-Balance. In-Balance reserves all rights not expressly granted in and to the In-Balance Online Program and the Content. You may access the In-Balance Online Program and Content as available: for your information and personal use; as intended through the normal functionality of the In-Balance Online Program; and for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of an audio-visual work via the Internet from the Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user).
Health Disclaimer
Physical exercise, in all of its forms and with or without the use of equipment such as bands, discs, balls or any other equipment that may be suggested by an instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the In-Balance Online Program. In-Balance is not a medical organisation, and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing In-Balance Online Program videos. Nothing contained in the videos should be construed as any form of such medical advice or diagnosis. By using the In-Balance Pilates Online Program you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities on the In-Balance Online Program, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time-to-time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against In-Balance or any person or entity involved with In-Balance, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
In-Balance content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to In-Balance you are representing that you are eighteen (18) years of age or older.
Account, Password and Security
If you register for the In-Balance Online Program, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your email address. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify In-Balance of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another person’s account without prior authorisation from In-Balance. In-Balance will not be liable for any loss or damage arising from your failure to comply with this Agreement.
Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that: is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, pornography, sexually explicit material or offensive subject matter; provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information from other users; involves commercial activities and/or sales without Peaches prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes; includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; denigrates, ridicules, or demeans another person; or contains a virus or other harmful component. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the In-Balance Online Program in a manner that sends more request messages to the In-Balance servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Responsibility for Content
You, and not In-Balance, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the In-Balance Online Program. In-Balance does not control the Content posted by any users and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will In-Balance be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Termination or Suspension of Account
You agree that In-Balance may at any time and for any reason, including a period of account inactivity, terminate your access to In-Balance Online Program services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
You acknowledge, consent and agree that In-Balance may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Peaches, its users and the public; or (f) pursuant to the terms of the Privacy Policy.
Security Components
You understand that the In-Balance software embodied within the In-Balance Online Program may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by In-Balance and/or content providers who provide content to In-Balance. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into In-Balance.
Proprietary Rights
All materials on In-Balance, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by In-Balance or by third parties that have licensed or otherwise provided their material to In-Balance. You acknowledge and agree that all Materials on the Online Program are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Online Program, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without In-Balance’ prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorised attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Online Studio or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by In-Balance. Unauthorised framing of or linking to any of the In-Balance Online Program is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from users’ profiles and Content without notice and may result in termination of the In-Balance Online Program.
Other Sites
Our In-Balance Online Program may contain links to other sites owned by third parties (i.e., advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. In-Balance does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third-party website, you should review the applicable terms of use and policies. The inclusion of a link in any of the websites does not imply In-Balance endorsement of such third party. If you decide to access any such linked websites, you do so at your own risk.
International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
Infringement Policy
In-Balance reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service by any user who is alleged to have infringed on the intellectual property rights of In-Balance or of a third party, or otherwise violated any intellectual property laws or regulations. In-Balance policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want In-Balance to delete, edit, or disable the material in question, you must provide In-Balance with all of the following information: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit In-Balance to locate the material; (d) information reasonably sufficient to permit In-Balance to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to In-Balance by email with a return receipt acknowledgement.
User Disputes
You are solely responsible for your interactions with other users. In-Balance reserves the right, but has no obligation, to monitor or mediate disputes between you and other users.
No Sharing. Users of the In-Balance Online Program may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any users will be construed by In-Balance as fraudulent use of the In-Balance Online Program. When becoming a user you agree to take all actions possible to protect your username and password from fraudulent use.
Fraudulent Use
Disclaimer of Warranties You agree that your use of the In-Balance Online Program shall be at your sole risk. The In-Balance Online Program and the materials are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, In-Balance Online Program, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the In-Balance Online Program and your use thereof. In-Balance makes no warranties or representations about the accuracy or completeness of the In-Balance Online Program content or the content of any sites linked to this website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Online Studio, (iii) any unauthorised access to or use of In-Balance secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the In-Balance Online Program, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Online Studio by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the In-Balance Online Program. In-Balance does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the In-Balance Online Program or any hyperlinked websites or featured in any banner or other advertising, and In-Balance will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation on Liability
In no event shall In-Balance, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the In-Balance Online Program, (iii) any unauthorised access to or use of In-Balance secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the In-Balance Online Program, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the In-Balance Online Program by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the In-Balance Online Program, whether based on warranty, contract, tort, or any other legal theory, and whether or not the In-Balance Online Program is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that In-Balance shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Any reference to a person, entity, product, or service on this In-Balance Online Program does not constitute an endorsement or recommendation by In-Balance or any of its employees. In-Balance is not responsible for any third-party content on the In-Balance or third-party web page accessed from this website, nor does In-Balance warrant the accuracy of any information contained in a third-party website or its fitness for any particular purpose. No communication of any kind between you and In-Balance or a representative of In-Balance shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use. In-Balance reserves the right to remove any material posted on the In-Balance Online Program that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the in-Balance Online Program.
Exclusions and Limitations
Those who access or use the In-Balance Online Program from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the In-Balance Online Program, to obtain certain premium Content through the In-Balance Online Program, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the In-Balance Online Program (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the In-Balance Online Program.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by In-Balance without restriction.
Integration Clause
This Agreement together with the Privacy Policy and any other legal notices published by In-Balance on the In-Balance Online Program, shall constitute the entire agreement between you and In-Balance concerning the In-Balance Online Program and governs your use of the In-Balance Online Program, superseding any prior agreements between you and In-Balance with respect to the In-Balance Online Program and Service.
Waiver and Severability of Terms
The failure of In-Balance to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the In-Balance Online Program, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Governing Law and Venue
This Agreement shall be governed by the laws of Australia, without respect to its conflict of laws principles. Any claim or dispute between you and In-Balance that arises in whole or in part from the In-Balance shall be decided exclusively by a court of competent jurisdiction located in Australia.
Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
In-Balance reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the In-Balance Online Program following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If you have any questions or comments regarding this Agreement or the In-Balance Online Program, feel free to contact us by admin@inbalancephysio.com.au
The purchase of all digital products, eBooks, pdf downloads and online content is subject to the following terms and conditions. All customers are advised to review these terms and conditions carefully before making any purchase.
All digital products, eBooks, pdf downloads, resource material, videos and online content are subject to copyright protection. Each digital product, eBook, pdf download, and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords).
All transactions for purchase of intangible products, eBooks, pdf downloads, resource material, videos and online content are made through payment gateways such as PayPal that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.
In case you are not redirected back to our website after purchase or you do not receive an email from us with a link to the product of your purchase, you can immediately contact us with your transaction details, including the email ID through which the payment was made. We will revert to you with your product details and download link as soon as possible.
All purchases for digital downloads made on www.inbalancephysio.com.au are non-refundable or exchangeable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made, please contact us via admin@inbalancephysio.com.au to discuss a resolution.
By placing an order with In-Balance, you warrant that you are at least 18 years old (or have parents' permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at In-Balance for the sale and supply of any products. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.
All transfers conducted through In-Balance are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored, and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.
Additional Information
In-Balance reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.
In-Balance reserves the right to modify or change product specifications as required in order to improve our product range and availability. This will only be done when we consider the alternate product to be of equal or better quality. We recommend that you immediately inspect any product upon delivery to you to ensure that you are completely satisfied with the product, including that the product is of acceptable quality and matches the description of the product. All products come with a 90-day warranty against breakage or manufacturing defect. Requests for replacements of products must take place within 90 days from the original shipment date in order to receive a replacement. All products being returned must be returned in the condition received by you with all original packaging, accessories and/ or manuals. Returns received more than one year after the date of shipment will not be accepted and will be returned to the sender.
Faulty Product
If you receive a product, which is faulty at time of delivery or faults within 90 days, other than by reason of fair wear and tear or misuse by you, please contact In-Balance directly to arrange the return of the original item and a replacement product to be provided (subject to availability). All returns must be authorised by In-Balance. Return costs of faulty products to be assessed will be at the expense of In-Balance. Faulty products must be returned in the condition received by you with all original packaging, accessories and/or manuals.
Incorrectly Described Product
In-Balance tries its best to present the products accurately. In-Balance makes no warranty or representation that the information provided by our suppliers in relation to the product description is accurate, reliable and complete.
If you receive a product which is incorrectly described, please contact In-Balance directly to arrange the return of the original item and a replacement product to be provided (subject to availability). All returns must be authorised by In-Balance. Return costs of incorrectly described products to be assessed will be at the expense of In-Balance. Incorrectly described products must be returned in the condition received by you with all original packaging, accessories and/or manuals.
Change of Mind – Refunds/Exchanges
Please choose carefully. We do not provide refunds or exchanges if you have changed your mind or made a wrong selection by mistake. We recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order. Should you have any questions regarding a particular product, please email us at admin@inbalancephysio.com.au
Adjustment of Order Information
All orders are considered final at time of placement. Please check your details carefully before submitting your order. Should you need to make an adjustment to your order, please contact admin@inbalancephysio.com.au immediately. Once an order is placed, there is no guarantee that it can be altered or changed in any way however, we will endeavour to accommodate where possible. Please note contacting carriers directly is the responsibility of the customer.
Tax, duty and customs charges
Customers located internationally may be required to pay sales tax, duty and/or custom charges. All Taxes and customs charges are the responsibility of the customer and are not included in the cost of the order or shipping charge. Taxes and customs charges differ depending on the state of the shipping address. We suggest contacting your local customs office if you are unsure of the applicable taxes and customs fees that are relevant to you. In-Balance is not responsible for any additional taxes and customs charges that are applied.

Privacy Policy
From 21 December 2001 health service providers covered by the federal Privacy Act needed to comply with ten National Privacy Principles that allow for individuals to exercise new rights and choices about how their personal and health information is handled in the private health sector. The Act also gives people these rights over personal information held by other private sector organisations.

Health information
Health information is defined in both Federal and State Acts as information or opinion about a client regarding such things as wellbeing, disabilities, health services provided or to be provided, and personal information generally. This also includes details such as a person's name, address, account details, Medicare number and health service appointments.

Privacy principles
The Federal Act encompasses ten National Privacy Principles which govern the management of clients health information. The legislation promotes greater openness between health service providers and clients regarding the handling of health information. For example, the legislation gives clients a general right of access to their own client health records and requires health service providers to develop a privacy policy that sets out how they manage health information. To assist health service providers in the private sector to understand their new obligations the Office of the Privacy Commissioner has produced Guidelines on Privacy in the Private Health Sector and a Short Guide for the private health sector.

In general a health service provider is required to:
collect only the information necessary to deliver the health service;
collect lawfully, fairly and not intrusively; and
obtain a persons consent to collect health information about them. This consent may be express or explicit.
Our practice needs to ensure that consumers are informed about why their health information is being collected, who is collecting it, and how it will be used, to whom it may be given and that they can access it if they wish.

Privacy legislation stipulates that a practice should only collect information that is necessary for the practice's functions or normal activities.

The practice uses fair and lawful ways to collect health information and, where reasonable and practicable, collects health information directly from an individual.

The practice takes reasonable steps to make a client understand why information is being collected and who else it might be given to.

The practice is deemed to be collecting information when it gathers, acquires or obtains information from any source and by any means. Collection covers information kept by the practice even where the practice has not asked for the information or has come across it by accident.

In general, the practice should obtain an individuals consent to collect health information. This consent may be implied or express/explicit.

Implied consent refers to circumstances where it is reasonable for the health professional to infer that consent has been given by the client. For example, if a client presents to a physiotherapist and discloses health information which is written down by the physiotherapist during the consultation, this will generally be regarded as the client giving implied consent to the physiotherapist to collect health information for certain purposes. The extent of the purposes will usually be evident from the discussion between the physiotherapist and the client during the consultation.

Express consent refers to consent that is clearly and unmistakably stated (either in writing, orally, or in another fashion where consent is clearly communicated).

Consent to the collection and handling of health information and consent to treatment are two separate authorities provided by the client.

During the course of your treatment we may request permission to take photographs of you. These are to assist your treatment planning, exercise prescription and to record progress.

Use and Disclosure
Use of health information refers to the handling of client information within a practice. Disclosure refers to the transfer of information outside the practice.

A health service provider may use or disclose health information:
for the main reason it was collected (the primary purpose); or
for directly-related secondary purposes, if the consumer would reasonably expect these; or
if the consumer gives consent to the proposed use or disclosure; or
if one of the other provisions under this principle applies.
Directly-related secondary purposes may include:

Necessary information sharing for referral to another health provider
Billing or debt recovery
Reporting an adverse event to an insurer
Disclosure to a lawyer for the defence of legal proceedings
Quality assurance or clinical audit activities which seek to improve a clinical service.
Other purposes for use or disclosure of health information

The practice should only use and disclose health information for other than primary or directly related secondary purposes, if the client gives consent (express or implied) or if an exception applies. Exceptions include uses or disclosures required or authorised by law; uses or disclosures necessary to manage a threat to someone’s life, health or safety; and uses or disclosures for research provided certain conditions are met.

Mandatory Reporting
Health professionals in the practice must use or disclose health information if the law requires them to do so. For example, health professionals are required to report child abuse (under care and protection laws) and notify the diagnosis of certain communicable diseases (under public health laws).

Legal proceedings
If a health professional is served with a subpoena or other form of Court order requiring the production of documents to the Court they are generally required to supply the documents. If a health professional is concerned about how to proceed, they can seek advice from the Registrar of the Court or Tribunal which issued the order or from a lawyer.

Training and education
The use of health information for training and education will usually require the client’s consent. Where consent is sought, the individual should have a genuine choice and not be pressured to agree. If the practice uses de-identified health information for training, client consent is not required.

Public health and safety research and statistics
The practice may use or disclose health information without consent for research or statistics that are relevant to public health or safety. The health information may be used or disclosed only if:
the activities cannot be undertaken with de-identified data
seeking consent is impracticable
the activities are carried out in accordance with guidelines of the National Health and Medical Research Council
the practice reasonably believes the organisation to which the health information is disclosed will not further disclose it.
Transfer of information to another health service provider

If a client wants to transfer to a physiotherapist in another practice, they can authorise the disclosure of health information from the original practice to a new practice. A copy of the health information could be transferred in this way. For medico-legal reasons, our practice retains the original record and provides the new physiotherapist with a summary or a copy. If a summary of the client’s health record is provided to the new physiotherapist, a copy of the summary should be kept on file for record purposes.

Our practice charges a reasonable fee to the practice or the client for transferring the client’s health record to another practice.

Client health information that is transmitted electronically over a public network such as the internet can pose significant privacy risks. It is technically possible for a third party to intercept and read emails or for emails to be inadvertently sent to the wrong person. Practices should not transfer client information by email unless it is encrypted.

If the original practice declines to transfer the health information, the client may seek access to the information, request a copy and then take it to the new practice.

Use of health information for practice marketing purposes:
The APA contends that advertising which seeks to inform the public on the scope and availability of physiotherapy services is appropriate. The APA supports the Australian Competition and Consumer Commission (ACCC) position that advertising offers a rich source of information which allows consumers to make informed decisions around their treatment choices and to compare physiotherapy services with a range of professions. Advertising that complies with the Trade Practices Act (1974)1 and provides consumers with choice should be encouraged amongst the profession.

Everyone hates being bombarded with ads for things they don't need or have any interest in. We may use your personal information to send you advertising that is customised or more relevant to your interests, characteristics or general location. This doesn't necessarily mean you'll get more advertising. It just means that the advertising that you see will hopefully be more relevant to you. We may advertise by mail, phone, email, text, and online via the internet and in apps.

Opting out
We'll make sure that any marketing emails, texts and letters we send you clearly tell you how to opt out, or you can tell our admin staff.
You can opt out of receiving online relevant advertising material at any time by clicking on the unsubscribe button displayed on digital advertising material.

We are committed to ensuring any information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable procedures to safeguard and secure the information we collect online.

How we use the cookies
A cookie is a small file, which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can then tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages on the website are being used, to help us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use the information collected for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Control your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by emailing us at admin@inbalancephysio.com.au

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required to by law. We may use your personal information to send you promotional information about third parties, which we think you may find interesting if you tell us you wish this to happen.

www.inbalancephysio.com.au may contain links to other websites.
In-balance Physiotherapy and Pilates is not responsible for the privacy policies or practices of any third party.