Terms and Conditions

Please Read These Terms of Use Carefully Before Using This Platform.

By accessing or using this website, mobile application or other Stopfalls Physio product or service (collectively the “Platform”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. Stopfalls Physio may change these Terms of Use at any time, and the changes will be effective when they are posted to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

Physical Activity Notice

The SAS MAT and this Platform includes features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Stopfalls Physio is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the SAS MAT and/or this platform. Reliance on any information provided herein is solely at your own risk.

The sas 70 Balance measure App

The SAS 70 App has been designed for use by therapists who have prior training in taking balance measures. It is a simple timing tool with a calculator for scoring, but care does need to be taken to ensure the client is safe. Stopfalls Physio Pty Ltd is not responsible or liable for any injuries or damages you or your client sustains as a result of your use of the SAS MAT and SAS 70 App. Please consider the risks involved and ensure you are very familiar with this app prior to use with your clients. Reliance on any information provided herein is solely at your own risk.

Intellectual Property

All intellectual property on the Platform (except for User Generated Content) is owned by Stopfalls Physio Pty Ltd which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks, designs and trade names are owned, registered and/or licensed by stopfalls Physio Pty Ltd. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under copyright laws and is the proprietary property of Stopfalls Physio Pty Ltd; All rights reserved.

By using the Platform, you acknowledge Stopfalls’ ownership of and interest in the intellectual property and agree not to challenge the validity or enforceability thereof. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Platform use Restrictions

You may use the Content only for your own non-commercial use to participate in the Platform or to download activity sheets designed for that purpose. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without Stopfalls Physio’s prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Online Store

Interpretation

“Seller” means Stopfalls Physio Pty Ltd, ABN 21 650 251 228.
“Buyer” means the person or company placing an order with the Seller for the purchase of goods.
“Goods” means all goods and merchandise supplied by the Seller, in accordance with these conditions, to the Buyer or as the Buyer may direct.

Application of Terms and Conditions

These terms and conditions govern the supply to the Buyer of all products (‘Goods’) by the Seller to the exclusion of all other terms and conditions unless otherwise expressly agreed in writing.
These terms and conditions may be changed at any time by the Seller. The Seller will endeavour to give the Buyer reasonable notice of any change.

Credit and Returns

Buyers must inspect the goods provided by the Seller immediately upon delivery and must within 48 hours after the date of delivery give notice to the Seller’s Customer Service Department (phone 0414 784 564) of any claim that the goods are defective in any way. The notice should detail the original invoice number and amount, of the goods and the reason for return.
The Seller’s Customer Service Department will advise the “Returns Log Number” for the goods.
No returns shall be accepted by the Seller unless authorised by the Seller’s Customer Service Department and a “Returns Log Number” issued. The Seller will not accept returned goods unless the “Returns Log Number” is clearly marked on the goods being returned.
The Seller will not accept freight forward charges when goods have been consigned by any transport company other than a carrier that has been authorized by the Seller.
Accepted claims will be directly credited to the credit card used to make the original purchase.
The Seller will replace damaged or defective goods provided notification is given to the Seller’s Customer Service Department (phone 0414 784 564) within 48 hours of the delivery of the goods.
Goods other than those covered in point 6 above, or goods ordered by the Buyer surplus to requirements are not returnable to the Seller and no credit will be given for any such purported return.
If the Buyer fails to give notice to the Seller in accordance with this “Credit and Returns” clause the goods are deemed to have been accepted “as is” by the Buyer and the Buyer must pay for the goods in accordance with these terms and conditions. In this case the Buyer will be taken to have waived any claim the Buyer may have had against the Seller.
The Buyer is unable to add or delete items to/from orders once they have been lodged and paid for.

Warranty and Liability

Subject to clauses (2) and (3) below, goods are sold by the Seller only on these terms and conditions to the exclusion of anything to the contrary in the terms of the Buyer’s order notwithstanding that any such order is placed on such terms as purport to override these terms and conditions.
The Seller excludes all liability in connection with goods (or advice regarding goods) other than that which may not be excluded under the ‘Trade Practices Act’ or other relevant legislation. For the avoidance of doubt, this exclusion includes but is not limited to an exclusion of all conditions and warranties implied by custom, the general law of statute, damages suffered by the Buyer arising in anyway out of the supply, delay in supplying or failure to supply goods, except as set out in the Credit and Returns clause.
The Sellers liability under any non-excludable implied condition or warranty (except a non-excludable condition or warrant implied by section 69 of the ‘Trade Practices Act’ or similar legislative provision) is limited to, at the Seller’s option:
1. The replacement of the goods or the supply of equivalent goods; or
2. The refund of the price paid by the Buyer for the goods.

Waiver and Variation

These terms and conditions contain the whole contract between the Seller and the Buyer, supersede all prior representations and agreements between the parties and override any inconsistent terms, unless agreed to in writing by the Seller. No variation of the terms and conditions shall be binding on the Seller unless assented to on its behalf in writing.
A provision of or a right created under these terms in favour of the Seller may not be waived or varied except in writing signed by the Seller. The Seller may elect not to exercise its rights arising from a breach of any provision of these terms and conditions and such election, even if the breaches are continuous and multiple, shall not create any estoppel or presumption against the Seller.