Disclaimer

This Website (PhysioEx) provides exercise programs and information applications and content published over the Internet and is intended only to assist users in their personal Regimes. PhysioEx is not a medical organisation and our staff cannot and do not give, or purport to give, you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for medical consultation, evaluation, or treatment by a qualified medical practitioner. You are urged and advised to seek the advice of a medical practitioner before beginning any Regime. This Website is intended for use only by healthy adult individuals. Individuals who are pregnant or who have certain health conditions, including, without limitation, people suffering from cancer, liver disease, kidney disease, renal failure, eating disorders, type 1 diabetes or who are elderly or who have a low body mass index may not be suitable candidates for undertaking any form of exercise program and are specifically warned to seek professional medical advice before using this Website.

Warranty Disclaimer

Please note the following disclaimers of warranties that form part of these Terms & Conditions:

1. the products, content and materials on this Website are provided "as is" and, to the extent permitted by law, without warranties of any kind, either express or implied;
2. we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement in respect of any product, service or publication contained on this Website, or able to be accessed through any link on this Website;
3. PhysioEx or any of our service providers or suppliers warrant that this Website or any function contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the servers that make this Website available, are free of viruses or other harmful components;
4. any product, offering, content and material downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material;

Limitation of Liability

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) whatsoever arising out of, or resulting from:

1. the use or the inability to use this Website;
2. the use of any content or other material on this Website or any website or websites linked to this Website;
3. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this Website;
4. unauthorised access to or alteration of your transmissions or data;
5. statements or conduct of any third party on this Website;
6. any other matter relating to this Website;

You acknowledge that, by undertaking any exercise program, you are doing so voluntarily and you are aware that there may be dangers in participating in a program. You are aware that your undertaking a program may result in serious personal injury, permanent disability or death and/or property loss and damage.
You are aware that the risks mentioned in the preceding paragraph may be caused by your own acts or omissions, the acts or omissions of others participating in an exercise program or other risks not known to you or that are not readily foreseeable at the time of using this Website. You further acknowledge that this is a risk warning pursuant to relevant State legislation and the Trade Practices Act 1974 and you agree that you assume all risks in connection with your participation in an exercise program. PhysioEx (including its respective officers, employees and agents) are not liable for the breach of any express or implied warranty that any services provided by PhysioEx will be provided with reasonable care and skill.
You agree to use your own equipment (if any) to participate in an exercise program and you are completely satisfied with the adequacy and condition of your equipment and you are satisfied that it is suitable for use in a program.
You agree to participate in any exercise program in a manner that is not reckless or dangerous to yourself or other people.
To the maximum extent permitted by law, you hereby agree to release, discharge, waive and forever hold harmless PhysioEx (including its officers, employees, and agents) against all and any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which you may suffer or sustain in the course of or consequent upon your participation in an exercise program, use of your own equipment, or any activity incidental to a program, whether direct, consequential or foreseeable and whether caused by accident or any negligent or wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection with a program.
Where your loss is not or cannot be excluded by these Terms & Conditions then:

1. in no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website; and
2. our liability in relation to any loss or damage directly or indirectly related to any warranty or condition which is not excluded by these Terms & Conditions and conditions is limited to, at our election:

in the case of goods, any one or more of the following:

1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods;
4. the payment of the cost of having the goods repaired; or

in the case of services:

1. the supplying of the services again;
2. the payment of the cost of having the services supplied again.

If you are dissatisfied with any portion of this Website, or with any of these Terms & Conditions, your sole and exclusive remedy is the discontinuation of your use of this Website.