Terms of Conditions
Last updated: March 15, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions Interpretation
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Country refers to: Queensland, Australia Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Physical Prosperity. Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. Service refers to the Website. Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. Website refers to Physical Prosperity, accessible from www.physicalprosperity.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Information on this website
No information, pictures or videos contained in this website are intended to be used as medical advice. The information confined to this website is not intended to be used to diagnose, treat, cure or prevent any medical or mental health condition or for any purposes. Carefully assess this information for their purposes and obtain appropriate professional medical advice. The contents displayed on the Physical Prosperity website, such as text, graphics, images, and other material contained here should be considered as informational content only. The information provided is not intended to be used for medical advice, diagnosis or treatment in any way. Always seek the professional advice of a physician or other qualified health workers with any queries you may have regarding any medical issues. By law we are not liable for any loss arising from any action taken or reliance by you on any information or material in our emails, social media or on the Website. We may provide health, fitness or nutritional information for educational purposes. We do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation. Nutritional information provided on this website should be carefully evaluated for the accuracy and relevance for your own needs in which expert medical advice relevant to your circumstances should be acquired. We give no warranty that the information provided is free from error or suitable for your needs.
Unless otherwise indicated, the website (including but not limited to its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use the information solely for your personal, non-commercial purposes and only for those purposes. No part of the Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Physical Prosperity. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. No data transmission can be guaranteed as secure. 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 reasonable steps to preserve the security of such information. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
Appointments are made with time to travel to and from a client’s home consisting of up to 30 mins each way. Therefore, Physical Prosperity requires a minimum of 24 hours notice if you wish to cancel your appointment. If you cancel or do not attend an Exercise Physiology appointment without providing at least 24 hrs notice, a fee of 50% of the consult fee will be charged. After more than one failure to attend or late cancellation, Physical Prosperity will charge you the full cost of the treatment.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of Physical Prosperity and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service. To the maximum extent permitted by applicable law, in no event shall Physical Prosperity or its staff or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Physical Prosperity or any staff or supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE". To the maximum extent permitted under applicable law, Physical Prosperity, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Physical Prosperity provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Disputes Resolution If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Physical Prosperity.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us If you have any questions about these Terms and Conditions.
By visiting our website: www.physicalprosperity.com
By email: firstname.lastname@example.org
By phone: 0466 000 802