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Terms of Service

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Effective Date October 7, 2025

1. Introduction

Welcome toTheLivingWellPhysio.com.. These Terms of Service govern your access to and use of our website, telehealth platform, online courses, digital products, downloadable materials, mobile applications, and related services (collectively Services). By accessing or using the Services you agree to be bound by these Terms and any documents expressly incorporated by reference. If you do not agree, do not use the Services.

2. Definitions and Scope

  • We Us Our means The Living Well Physio, the operator ofTheLivingWellPhysio.com..

  • You User Client means any individual or entity that accesses or uses the Services.

  • Content means text, images, videos, courses, documents, downloadable tools, and other materials made available through the Services.

These Terms apply worldwide to all users and govern use of the Services regardless of your location. Additional terms may apply to specific products or promotions and will be presented at the time of purchase or enrollment.

3. Eligibility and Account Registration

  • Eligibility You must be 18 years or older or have legal capacity in your jurisdiction to form a binding contract to use the Services. If you are registering on behalf of an organization you represent and warrant you have authority to bind that organization.

  • Account Information You agree to provide accurate, current, and complete information when creating an account and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

  • Account Security Notify us immediately if you suspect unauthorized use of your account or credentials. We are not liable for losses caused by unauthorised access where you fail to safeguard credentials.

4. Services and Use Restrictions

  • Scope of Services We provide remote physiotherapy assessments, consultations, exercise programs, educational content, courses, and related digital products. Availability of services may vary by jurisdiction.

  • Appropriate Use You must use the Services only for lawful and permitted purposes. You must not:

    • Violate any applicable law or regulation;

    • Impersonate any person or entity or misrepresent your affiliation with any person;

    • Transmit malicious code, spam, or other harmful content;

    • Attempt to gain unauthorized access to our systems or interfere with the Services;

    • Reproduce, distribute, or resell our Services or Content except as expressly permitted;

    • Use the Services in a way that could harm us or other users.

  • Suspension We may suspend or limit your access if you breach these Terms, present a risk to security, engage in fraudulent activity, or as required by law.

5. Telehealth Services Medical Disclaimer and Informed Consent

  • Nature of Telehealth Telehealth consultations are remote and have inherent limitations compared with in-person assessments. Virtual sessions rely on the quality of your device, internet connection, and the information you provide.

  • Not a Substitute You acknowledge Content and consultations are educational and informational and do not substitute for an in-person medical examination, emergency care, or ongoing medical management from local providers.

  • Emergencies If you are experiencing a medical emergency contact local emergency services immediately. Do not use the Services for urgent or emergency medical conditions.

  • Consent You consent to receiving telehealth services and to the transmission and storage of your health information as needed to provide care. You agree to follow any pre-session instructions we provide and to arrange a safe, private location for remote consultations.

  • Recording Sessions We will not record sessions without your explicit consent. If a recording or transcript is created for clinical, training, or quality-assurance purposes you will be informed and must provide consent where required by applicable law.

6. Payments Subscriptions and Refunds

  • Payment Methods We accept payments through third-party processors as displayed at checkout. Payment processors’ terms and privacy policies also apply.

  • Fees Pricing for Services, courses, and digital products is displayed at the point of purchase. All fees are payable in the currency shown and are non-refundable unless otherwise stated.

  • Subscriptions If you subscribe to recurring services you authorise periodic charges until you cancel. You are responsible for any fees incurred before cancellation.

  • Refunds Refund eligibility and procedures are set out in our Refund and Cancellation Policy linked on the website. Partial refunds or credits may be offered at our discretion for unused services.

  • Taxes You are responsible for any applicable taxes, duties or levies associated with your purchases.

7. Intellectual Property and Licensed Use

  • Our Ownership All Content and intellectual property rights in the Services and materials provided by us are owned or licensed by us. You receive a limited, non-exclusive, non-transferable right to access and use Content for your personal, non-commercial use unless a separate commercial licence is granted.

  • Your Content You retain ownership of content you submit to the Services. By submitting content you grant us a worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, and distribute that content for the purpose of providing, marketing, and improving the Services, unless you notify us otherwise in writing.

  • Prohibited Use You shall not copy, modify, republish, sell, rent, lease, distribute, or create derivative works from our Content except as expressly permitted in writing.

8. Third-Party Services and Links

  • Third-Party Tools The Services may integrate with third-party platforms such as payment processors, analytics, or telehealth platforms. Your use of those third-party services is governed by their terms. We are not responsible for third-party actions or failures.

  • External Links The Services may contain links to third-party websites. Links do not imply endorsement. We are not responsible for third-party content or practices.

9. Privacy and Data Protection

We collect, use, and disclose personal data in accordance with our Privacy Policy. By using the Services you consent to our collection and processing of personal data as described in the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

10. Warranties Disclaimers and Limitation of Liability

  • No Warranty To the fullest extent permitted by law the Services and Content are provided “as is” and “as available” and we disclaim all warranties whether express or implied including implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, and non-infringement.

  • Limitation of Liability To the maximum extent permitted by law our aggregate liability for any claim arising out of or relating to these Terms or the Services shall not exceed the total fees you paid to us in the 12 months preceding the claim. In no event will we be liable for indirect, incidental, special, consequential, punitive damages, loss of profits, or loss of data even if advised of the possibility of such damages.

  • Some jurisdictions do not allow limitation of liability or exclusion of implied warranties so certain limitations above may not apply to you.

11. Indemnification

You agree to indemnify defend and hold us harmless from and against any claims liabilities losses damages costs and expenses including reasonable legal fees arising from or related to your use of the Services violation of these Terms your violation of any law or third-party rights or your negligent or willful misconduct.

12. Termination and Account Closure

  • Termination by You You may close your account and stop using the Services at any time. Termination does not relieve you of obligations incurred prior to termination.

  • Termination by Us We may suspend or terminate your account and access to the Services for breaches of these Terms, fraudulent activity, legal obligations, or other legitimate business reasons.

  • Effect of Termination Upon termination we may delete or retain certain data as required to comply with legal obligations, for fraud prevention, or as otherwise described in our Privacy Policy.

13. Governing Law and Dispute Resolution

  • Governing Law These Terms are governed by the laws of the jurisdiction we select in our sole discretion where permitted by law. Where a governing law choice is unenforceable we will apply a jurisdiction that fairly resolves disputes between us.

  • Dispute Resolution If you have a dispute with us you agree to first contact us at thelivingwellphysio@gmail.com and attempt to resolve the dispute informally. If unresolved disputes may be pursued through arbitration or courts as required by local mandatory consumer protection laws. You and we waive the right to participate in a class action where such waiver is permitted by law.

14. Changes to Terms

We may revise these Terms at any time. We will post the updated Terms on the website with a new Effective Date. If we make material changes we will notify registered users by email where practicable. Continued use after changes constitutes acceptance of the updated Terms.

15. Severability Waiver and Assignment

  • Severability If any provision of these Terms is held invalid or unenforceable that provision will be severed and the remaining provisions will remain in effect.

  • Waiver Our failure to enforce any right is not a waiver of that right.

  • Assignment You may not assign these Terms without our prior written consent. We may assign our rights and obligations without your consent in connection with a merger sale of assets or corporate reorganisation.

16. Electronic Communications

By using the Services you consent to receive electronic communications from us including emails account notifications and policy updates. Electronic communications satisfy any legal requirement that such communications be in writing.

17. Contact Information

For questions about these Terms or to contact us please email thelivingwellphysio@gmail.com.

18. Entire Agreement

These Terms together with the Privacy Policy and any additional terms expressly agreed at purchase constitute the entire agreement between you and us regarding the Services and supersede any prior agreements.

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