Performance Health Management runs an online digital practice telehealth service including sports and exercise physiotherapy rehabilitation via the Website. We provide you with a digital practice telehealth, physiotherapy, rehabilitation and preventative service including consultations, tailored advice and exercise programs.

Our service is catered towards athletes and physically active people with lower limb problems with a focus on hip, groin and hamstring injuries.

We utilise third party partners, including smart forms, apps, practice management system and video conferencing software to provide you with our digital practice telehealth, sport and exercise physiotherapy rehabilitation and preventative programs and other services. You will be well supported through our service pathway.

The third party partner products will be used to take you through an initial subjective assessment and objective assessment including movement tests and physical tests based on the history you have provided to us.

We provide you with services including podcasts, webinars, online courses and content as set out on our Website. Our Services will be as set out on our Website. If you decide to use our Services you must first sign up and make a payment as set out on the Website.

(a) This Website is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Website. By using the Website, you represent and warrant that you are either:
       (i) over the age of 18 years and accessing the Website for personal use; or
       (ii) accessing the Website on behalf of someone under the age of 18 years old and consent to that person’s use of the Website.

(b) If you are using the Website and the Services and are under the age of 18 you must have the consent of your parent and/or legal guardian in order to access the Services and the Website.

(c) Please do not access the Website or use the Services if you are under the age of 18 years old and do not have your parent or legal guardian’s consent, or if you have previously been suspended or prohibited from using the Website.

Our Services will be as set out on our Website. If you decide to use our Services you must first complete and pass our Client Initial Assessment (defined below) and make a payment as set out on the Website. You will then be guided through a range of steps as set out on our Website (and below) from payment, packages, further assessments and how to set up any video consultations.

(a)               (Initial Assessment) Before signing up for the Services, we will conduct an initial smart form subjective assessment with you where you must answer a few questions to determine where the Services are appropriate for you. These include if you have:

(i)                 Loss of normal function of the arms/hands or legs in daily living activities;

(ii)                the feeling of unsteadiness or are clumsy when walking;

(iii)               constant pain that has not changed in a 24 hour period; and

(iv)               unexplained weight loss; and

(v)                Acute back pain that is accompanied with bilateral pins and needles in your lower limbs, change in bowel or bladder habits/control, numbness in the saddle region/inner thigh, change in ability to achieve an erection or ejaculate, loss of genital sensation during intercourse; and

(vi)               Calf problem with features of a red, hot and swollen calf.

If you answer yes to any of the above questions on our Website, you cannot use the Services.

(b)               (Referral from medical practitioner) If you answer yes to any of our screening questions in the Initial Assessment, we suggest you see a medical doctor and obtain a referral from a doctor that our Services are appropriate for you prior to commencing any of our Services. Your doctor may choose to place restrictions on how you use the Services. However, there may be circumstances where we cannot assist you.

(c)               (Subjective Assessment) Upon successful completion of the screening in the Initial Assessment, you will then be required to complete payment before proceeding to our subjective assessment smart form including providing us with a detailed medical, health and injury history including details of your current injury or issue that you wish to be managed.

(d)               (Payment) The completion of our screening section in the subjective assessment smart form will prompt you for payment of the starter ‘Bronze’ package. You will receive an automated receipt of payment.

(e)               (Objective Assessment) Then we will send you a link to the objective assessment including instructions on how to complete this step.

(f)                (Optional Initial Online Video Consultation) At completion of the objective assessment you will be invited to book your optional initial online video conference consultation to complete our assessment process.

(g)               (Rehabilitation Program and App) Following the three step assessment you will receive a report including our diagnosis, management plan and personal exercise rehabilitation or preventative program. Your exercise rehabilitation or preventative program will be sent by link in an email so that you can download the app that we use. You will have access to exercise rehabilitation programs during your specified paid package time only. The app allows you to communicate with us via secure messaging during your timed access period as defined by your paid service package. You will receive video and/or photo images with verbal and/or written instructions of how to do your exercise program and you might be required to log your relevant standardised outcome measure questionnaires to monitor your progress.

(h)               (Medical Documents and Imaging) You have the option to upload any relevant medical documents, imaging and reports to our Services. If you upload these documents you consent to their use and disclosure in accordance with our Privacy Policy. We may also ask you to provide medical documents depending on your type of presentation.

(i)                 (Packages) We offer four value centred packages. You select the preferred package to your circumstances on our Website. You will have the option of discussing and changing your service package at your optional initial online video conference consultation. Our Services will vary depending on what type of package you purchase. The packages vary in timed access periods and number of video conference consultation and exercise program upgrades and will be set out on our Website. If you want to discuss package selection prior to purchase please contact us on info@performanchm.com.au or via the Website

(a)               If you require further Services you can purchase packages (Packages). Details and prices for Packages will be set out on the Website (Choose your Package)

(b)               You may upgrade your package at any time. Fees for upgraded packages will be charged (depending on your package) and can be requested on our Website or by emailing info@performancehm.com.au.

(a)               You have the option of choosing an optional initial online video conference consultation (Initial Video Consult). Your Initial Video Consult duration can vary in duration but is limited to a maximum of 30 minutes in duration and details will be set out on the Website.

(b)               The Initial Video Consult is optional and will be conducted by online video conference consultation.

(c)               You will receive an email link to arrange your Initial Video Consult in our online booking system after completing the objective assessment.

(d)               You have 7 Business Days from when the initial confirmation email is sent to you to book in and use your Initial Video Consult (Access Period).  Business Day means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in the Australian Capital Territory, Australia.

(e)               (Rescheduling of Initial Video Consult with 24 hours’ notice) Provided that we have capacity, you can reschedule your Initial Video Consult at any time within the Access Period provided you give us 24 hours’ notice and the rescheduled appointment is still within the Access Period.

You must pay any fees in the amounts and at the times set out in on our Website or as otherwise agreed in writing with you.

We collect this sensitive information with your consent where you provide us with this information and/or consent on behalf of your child. If you consent, your sensitive information may only be used and disclosed for purposes relating to providing you with our services and/or referring you to medical or health service providers in circumstances where we cannot assist you and/or obtain your consent.

You, or your child’s sensitive information may also be used or disclosed to comply with our legal obligations.

(a)               Following your Initial Video Consult, you may purchase an upgraded package to extend access time and number of video conference consultations and exercise program upgrades available to you as set out on our Website (Video Consults).

(b)               (Cancellation and Rescheduling) Provided that we have capacity, you can reschedule your Video Consults at any time within your access period for your chosen package (also an Access Period), provided you give us 24 hours’ notice and the rescheduled appointment is still within your access period.

(a)               The Initial Video Consult and subsequent Video Consults may be recorded to provide you with better Services.

(b)               Please advise us if you do not wish any part of your Video Consults to be recorded. 

(c)               The use of all personal information, including these recordings, will be carried out in accordance with our Privacy Policy.

(a)               Performance Health Management uses a third party booking service in conjunction with the Website to allow you to make bookings for your Video Consults (Consult Booking Service).

(b)               Where any Consult Booking Service is used you will be bound by this clause and the Third Party Terms in clause 2.

(a)               Depending on your Package you will have access to securely message us directly throughout your Access Period.

(b)               This will be used as a coaching service during your Services.

(c)               (Support Times) In your Access Period, we endeavour, depending on capacity, to provide you with a timely response from Monday to Friday between the hours of 10.00-14.00 Australian Eastern Standard Time on Business Days.

(a)               You must provide us with all documentation, information and assistance reasonably required us to perform the Services.

(b)               You must schedule and arrange any Video Consults using the Consult Booking Service. You acknowledge and agree that it is your responsibility to schedule and attend any scheduled Video Consults. If you cannot attend any scheduled Video Consults you must give us at least 24 hours’ notice. If you provide at least 24 hours’ notice you will be given the option of an alternative consult time pending your availability within your Access Period or package time frame, and if we have capacity. If you cancel with less than 24 hours’ notice we may not be able to re-schedule a replacement Video Consult at such short notice and you will forfeit your right to that consult.

(c)               By using the Services, you represent that you have fully informed us of your medical history and any existing conditions and you consent, or consent of behalf of your child, to participate (and continue to participate) in the programs and exercises available to you through our Services.

We’ll need you to make a few promises about the way you’ll use the Services.

You agree:

(a)               not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;

(b)               not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(c)               not to use the Services for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;

(d)               not to attempt to breach the security of the Services or Performance Health Management’s system security, or otherwise interfere with the normal function of the Services, including by:

(i)                 gaining unauthorised access to Performance Health Management Services or data about other users of the Services;

(ii)                scanning, probing or testing the Services for security vulnerabilities;

(iii)               overload, flood, mailbomb, crash or submit a virus to the Services or Performance Health Management’s system; or

(iv)               instigate or participate in a denial-of-service attack against the Services or  Performance Health Management’s system; and

to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with the Terms.

(a)               We collect personal information about you in order to provide you with our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b)               We collect sensitive health information about you during the course of providing you services. We only collect the information that you choose to provide us in order to assess your condition and provide you with our services.

(c)               If you are providing personal information of a child you must be that child’s parent or legal guardian and you must provide consent for your child’s personal information to be collected.

(d)               (Sharing of your Information) We may need to share your personal information with third parties, including any apps that we use to provide you with our Services. You consent to the sharing of your, or your child’s, personal information with third parties as required to provide you with the Services and our programs via the app.

(e)               Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

(f)                By using our Services, you agree to be bound by the clauses outlined in Performance Health Management’s Privacy Policy.

By submitting an order for purchase of Services using the Website’s functionality (Purchase Order) you represent and confirm that you:

(a)               have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(b)               are authorised to use the debit or credit card included in your order.

Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Services you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.

You must pay any fees in the amounts and at the times set out in on our Website or as otherwise agreed in writing with you.

Except as otherwise set out on our Website, we generally don’t offer refunds for any of our subscriptions and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we’ll consider your situation.

(a)               (Payment obligations) Unless otherwise agreed in writing:

(i)                 if Performance Health Management issues an invoice to you, payment must be made by the time specified in such invoice; and

(ii)                in all other circumstances, you must pay for all Services on or prior to Performance Health Management providing you with the Services.

(b)               (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Performance Health Management, you must pay the GST subject to Performance Health Management providing a tax invoice.

(c)               (Card surcharges) Performance Health Management reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).

(d)               (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Services. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider.  We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(a)               To the extent permitted by law, we reserve the right to terminate your access to any or all of the Services or any part of the Services at any time without notice, for any reason, provided that we refund to you any fees for Services which you have paid for and not received.

(b)               We may also terminate your access to any or all of the Services at any time without notice without issuing a refund if you breach any provision of these Terms.

(c)               (Cancellation and your data) Upon cancellation, termination or expiry of your access to our Services, we will delete any data and material associated with your Services.  You won’t be able to recover any of this after cancellation, termination or expiry of your Services so we recommend you back up anything important to you.  We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Services.

(a)               Our performance health Services will be delivered electronically and exercise program accessed via a third party app that we use.

(b)               There will be no additional fees payable to Performance Health Management for using the app, other than any fee applicable to downloading any applications from any app store. 

(c)               The app we use is a third party app and is subject to additional terms and conditions. By using the app you will be bound by this clause and the Third Party Terms in clause 2.

(a)               Any Service that requires Performance Health Management to acquire goods and services supplied by a third party on your behalf may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.

(b)               You agree to familiarise yourself with any Third Party Terms applicable to any such goods and services and, by instructing Performance Health Management to acquire the goods or services on your behalf, you will be taken to have agreed to such Third Party Terms.

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

You must not:

(a)               copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Performance Health Management;

(b)               use the Website for any purpose other than the purposes of browsing, selecting or purchasing Services;

(c)               use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d)               use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e)               use the Website with the assistance of any automated scripting tool or software;

(f)                act in a way that may diminish or adversely impact the reputation of Performance Health Management, including by linking to the Website on any other website; and

(g)               attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i)                 gaining unauthorised access to Website accounts or data;

(ii)                scanning, probing or testing the Website for security vulnerabilities;

(iii)               overloading, flooding, mailbombing, crashing or submitting a virus to the Website;

(iv)               instigating or participating in a denial-of-service attack against the Website.

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website will be secure or confidential; or
(e) any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including descriptions of our services, packages, prices and other Website Content.

(a)               Performance Health Management retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b)               You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Performance Health Management or as permitted by law.

(a)               The Website may contain links to other websites that are not our responsibility.

(b)               We have no control over the content of the linked websites and we are not responsible for it.

(c)               Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

Performance Health Management does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

(a)               (Limitation of liability) To the maximum extent permitted by applicable law, Performance Health Management excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any Services or services provided by Performance Health Management. This includes the transmission of any computer virus.

Claims for loss of or damage relating to the app must be made against the app provider.

All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Performance Health Management’s liability for breach of that non-excludable condition, warranty or guarantee will, at Performance Health Management’s option, be limited to:

(i)                 in the case of goods, their replacement or the supply of equivalent goods or their repair; and

(ii)                in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

(b)               (Indemnity) You agree to indemnify Performance Health Management and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives’ use of the Website or of any Services or services provided by Performance Health Management.

(c)               (Consequential loss) To the maximum extent permitted by law, under no circumstances will Performance Health Management be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any Services or services provided by Performance Health Management (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

(a)               (Governing law) This agreement is governed by the law applying in Australian Capital Territory, Australia.

(b)               (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of Australian Capital Territory, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

(c)               (Amendments) These Terms may only be amended by Performance Health Management in accordance with the Terms.

(d)               (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

(e)               (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.

(f)                (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

(g)               (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.

(h)               (Interpretation) In these Terms, the following rules of interpretation apply:

(i)                 (singular and plural) words in the singular includes the plural (and vice versa);

(ii)                (gender) words indicating a gender includes the corresponding words of any other gender;

(iii)               (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(iv)               (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(v)                (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(vi)               (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;

(vii)              (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;

(viii)             (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(ix)               (includes) the word “includes” and similar words in any form is not a word of limitation; and

(x)                (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.