Terms of use – Online Booking

Terms and Conditions

1. Agreement: These terms and conditions (Terms) are between Vigor Technologies Pty Ltd T/A Robofit (ACN 625 999 626) (we, us or our) and you, the person booking or receiving the Services (you or your).

2. Acceptance: You accept these Terms by making a booking or payment with us.

If you are under 18 years of age, a parent or legal guardian must accept these Terms on your behalf by making a booking or payment with us. By making a booking or payment for a person under 18 years of age, the parent or legal guardian confirms that:

1. they have the legal authority to enter into these Terms on behalf of the minor;

2. they accept full responsibility for all obligations under these Terms; and

3. they will ensure the minor complies with all requirements set out in these Terms.

If you are an NDIS or Aged Care Funded patient, you must contact us for assistance prior to booking a Service.

The Services and the Price will be as set out on our website, in our online booking form or in person when you book. 

1. Services: We agree to provide the Services to you on these terms and conditions. 

2. Bookings: You may book Services through our website, in person, or by contacting us. Your booking will be confirmed by email or otherwise in writing. We reserve the right to decline any booking at our discretion.

3. Cancellations and Rescheduling: You may request to cancel or reschedule a booking by contacting us via email or phone. For cancellations or rescheduling:

   1. with more than 24 hours’ notice: you may transfer your booking to another available time,

   2. with less than 24 hours’ notice (or where you are more than 10 minutes late or do not show), or we will charge you the Price. You acknowledge and agree that payment for your booking as a result of your late cancellation is a genuine pre-estimate of our loss..

4. Our Cancellations: Due to unforeseen circumstances, you acknowledge and agree that we may need to reschedule the date of your booking. Where we need to reschedule a booking, we will notify you at our earliest convenience and we will reschedule at a time to be agreed between the Parties. If the Parties cannot agree to a new booking time, we will refund you the Price.

5. Your Obligations: You agree that:

   1. you will comply with our reasonable requests and requirements;

   2. you will provide accurate and complete health information, including medications, previous treatments, and relevant medical history;

   3. you will follow treatment recommendations and home exercise programs, where relevant, and as prescribed;

   4. you will not attend if you are suffering from any illness that could risk others’ health or safety;

   5. you will inform us of any physical or medical conditions that may affect your participation;

   6. you will contact your own doctor immediately if directed to do so or if your condition changes or your symptoms worsen;

   7. you will treat our premises, staff, and equipment with respect.

If you require immediate medical attention, contact your treating general practitioner or call 000.

If you are in doubt about the seriousness of your condition, or believe that you, or another person is in an urgent, dangerous or emergency situation, you should not use the Services and instead contact 000 immediately or seek alternative and appropriate medical services.

1. Professional Registration: Our health service providers who are required to be registered with the Australian Health Practitioner Regulation Agency (AHPRA) hold current registrations and comply with all applicable registration standards, codes of conduct and professional standards. We will provide the Services in accordance with all applicable laws and regulations.

2. Payment: The Prices will be set out on our online booking page or in person when you book. Payment must be made in full using our online booking portal or at the clinic prior to the Service. All amounts paid are non-refundable except as required by the Australian consumer law

3. Late Payments: If you don’t pay on time as agreed, we can choose not to provide the Services to you. We can also ask you to pay for any extra costs we face because you didn’t pay on time. This includes any costs to get those payments from you.

4. Intellectual Property: Each party will maintain ownership of any intellectual property they independently create during the duration of these Terms. There will be no transfer of intellectual property rights between the parties, except as explicitly outlined in these Terms.

5. Termination for Breach: These Terms can be terminated by either party (the Non-Defaulting Party) with immediate effect if the other party (the Defaulting Party) fails to fulfill a significant obligation under these Terms. If the Defaulting Party does not correct the breach within 10 business days after receiving written notice from the Non-Defaulting Party, the Non-Defaulting Party has the right to terminate the Agreement immediately.

6. Suspension: We may suspend the provision of Services to you if:

   1. we reasonably suspect you are in breach of these Terms; and

   2. while we investigate the suspected breach.

If, following our investigation, we reasonably believe you are in breach of these Terms, we may terminate these Terms immediately by written notice to you.

• Liability

Despite anything to the contrary but subject to your consumer law rights, to the maximum extent permitted by law:

1. neither Party will be liable for consequential loss (including loss of profits, loss of revenue, loss of data, loss of business opportunity, or any other indirect or consequential loss);

2. a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that other Party to mitigate its loss; and

3. where our Services are not ordinarily acquired for personal use in respect of any failure by us to comply with relevant consumer law rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; 

4. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and

5. you acknowledge that physiotherapy and exercise physiology treatments carry inherent risks including temporary discomfort, muscle soreness, or aggravation of existing conditions, and that outcomes cannot be guaranteed.

1. 1. Confidentiality: Both parties commit to maintaining the confidentiality of any proprietary or confidential information shared while these Terms are in place.

• Health Records and Privacy: We collect, use and store your health information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and, where applicable, health records legislation. You have the right to access and request correction of your health records. Our full privacy policy is available on our website or upon request.

• Subcontracting: We reserve the right to subcontract any portion of the Services at our discretion without needing to get your written approval beforehand. We commit to being fully responsible for fulfilling our obligations under these Terms, and we will ensure that any subcontractors we employ will adhere to the terms of these Terms as if we were performing the Services directly.

1. 1. Governing Law: These Terms are governed by the laws of New South Wales.

   2. Dispute Resolution: In the event of a dispute, the parties will first attempt to resolve the matter through mutual discussion or mediation.

• Definitions: Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.

For any questions, please contact us at:

• Email: admin@robofit.com.au
• Phone: 1800 560 842