1. iPhysio Pty Ltd (ACN 126 809 952) owns and controls this website ("Website"). By using and/or visiting this website (collectively, including all content and functionality available through the iPhysio.net domain name, the "iPhysio Website", or "Website"), you signify your agreement to these terms and conditions (the "Terms of Use") and the privacy policy (the "Privacy Policy"). If you do not agree to any of these terms please do not use the iPhysio Website.
2. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version at http://www.iPhysio.net. iPhysio may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
3. "Clients" are defined as those patients under the care of health professionals that use the iPhysio.net site. "Clients" and "patients" may be used interchangeably throughout these Terms of Use and any part of the iPhysio.net website.
4. "Health Professional", "Professional" and "iPhysio health professional" may be used interchangeably throughout these Terms of Use and any part of the iPhysio.net website. "Health Professionals", and the above variations of the title, are defined as people who have completed tertiary or postgraduate study in healthcare, specialised in the developing of physical exercise programs for a specific patient group and hold Professional Indemnity Insurance to the extent that they are specifically covered for adverse events they or their patients may encounter during their use of any part of the iPhysio.net website.
5. "Professional User Submissions" are defined as videos ("Professional User Videos") , pictures ("Professional User Pictures"), sounds ("Professional User Sounds") and text ("Professional User Text") related to the instruction of specific physical exercises or manual handling techniques which are submitted collectively to iphysiomail@gmail.com by iPhysio health professionals for uploading to the iPhysio.net website.
6. "Company Submissions" are defined as videos ("Company Video Submission"), pictures ("Company Picture Submissions"), sounds ("Company Sound Submissions") and text ("Company Text Submissions") related to the instruction of specific physical exercises or manual handling techniques which are submitted collectively to iphysiomail@gmail.com by companies for uploading to the iPhysio.net website.
7. "User Submissions" are defined as "Professional User Submissions" and "Company Submissions" collectively.
8. "Client Submissions" are defined as exercise blog text and client feedback form submissions.
9. By using this site health professionals expressly relieve iPhysio Pty Ltd from any and all liability arising from their or their patients' use of the website.

This website provides the tools and building blocks for health professional to develop physical exercise instructions and programs for their clients. Health Professionals can develop exercise programs through printable exercise sheets, videos, software, graphics, pictures, text, material, and information on the Website (the "Content"). This site is not an alternative to, and does not take precedence over, regular and timely health care treatment by a client's qualified health professional. If a client is unsure of any developed physical exercise programs or has a change in their condition or symptoms they should contact a qualified health professional immediately. It is important to note that iPhysio is not delivering advice or recommendation to individual clients or patients of iPhysio health professionals, it is only providing the tools to access and display selected information stored in the site ("content"), and it is at the discretion of individual health professionals as to which content is appropriate to display to their individual patients or clients.

1. These Terms of Use apply to all users of the iPhysio Website, including users who are also contributors of video content, information, and other materials or services on the Website. The iPhysio Website includes all aspects of iPhysio, including but not limited to all products, software and services offered via the website.
2. The iPhysio Website may contain links to third party websites that are not owned or controlled by iPhysio. iPhysio has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, iPhysio will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve iPhysio from any and all liability arising from your use of any third-party website.
3. Accordingly, we encourage you to be aware when you leave the iPhysio Website and to read the terms and conditions and privacy policy of each other website that you visit.

1. In order to access some features of the Website, you will have to create a iPhysio account. You may never use another's account without permission. On using the iPhysio.net website you agree that only yourself as a client of an iPhysio health professional, your designated iPhysio health professional, and the iPhysio.net administration are able to edit the displayed content in your account. When creating your account, you must provide accurate and complete information. You must keep your account password secure. You must notify iPhysio immediately of any breach of security or unauthorised use of your account.
2. Although iPhysio will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of iPhysio or others due to such unauthorised use.

iPhysio hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

1. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without iPhysio's prior written authorisation.
2. You agree not to alter or modify any part of the Website, including but not limited to iPhysio's phase bar, exercise prescription format or any of its related technologies.
3. You agree not to access User Submissions (defined below) or iPhysio Content through any technology or means other than the video playback pages of the Website itself, the iPhysio phase bar or other explicitly authorised means iPhysio may designate.
4. You agree not to use the Website for any commercial use, without the prior written authorisation of iPhysio. Prohibited commercial uses include any of the following actions taken without iPhysio's express approval:
   • sale of access to the Website or its related services on another website;
   • use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
   • the sale of advertising, on the iPhysio website or any third-party website, targeted to the content of specific User Submissions or iPhysio content;
   • and any use of the Website or its related services that iPhysio finds, in its sole discretion, to use iPhysio's resources or User Submissions with the effect of competing with or displacing the market for iPhysio, iPhysio content, or its User Submissions.
5. Prohibited commercial uses do not include:
   • Sending a video for iPhysio administration to upload an original video to the iPhysio 
 website;
   

   • Creating a prominent link on your own healthcare website back to the iPhysio website;
   

   • any use that iPhysio expressly authorises in writing;
   

   • use by iPhysio health professionals of the iPhysio website to access, development and display physical exercise programs for patients provided that no additional charge is made to the client.
6. In your use of the website, you will otherwise comply with these Terms of Use, be mindful of healthcare community guidelines, and all applicable local, national, and international laws and regulations. The healthcare community guidelines encourage you to:
   • Place your patients' interests before your own
   • Protect your patients from harm & injustice
   • Treat all patients equally
   • Continue to improve the care you give
   • Try to prevent as well as cure disease
   • Impart your knowledge of health to others
   • Protect your patients’ confidentiality
7. iPhysio reserves the right to discontinue any aspect of the iPhysio Website at any time.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the iPhysio Website.

1. The content on the iPhysio Website except all Professional users video Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to iPhysio, subject to copyright and other intellectual property rights under the law. All powers (if any) conferred by section 26 of the Australian Trade Marks Act 1995 are expressly excluded Content on the Website is provided to you AS IS and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, except as expressly permitted by these Terms of Use, without the prior written consent of the respective owners. iPhysio reserves all rights not expressly granted in and to the Website and the Content.
2. You may access User Submissions solely:
   • as intended through the normal functionality of the iPhysio Service; and
   • for Streaming.

   Professionals may use the website to access, develop and display via videos and text physical exercise programs to clients under their care. The videos and text selected for viewing are for informational purposes only and should not be seen as a substitute for face to face advice and treatment by a healthcare professional.

   While every effort has been made to ensure that the information is accurate, iPhysio.net staff and the authors and editors of the exercises on this website accept no responsibility and cannot guarantee the consequences if patients choose to rely upon these contents as their sole source of information about a condition and the physical exercises associated with it.

   iPhysio.net administration welcomes material such as "Professional User Submissions" and "Company Submissions" to be sent by email to iphysiomail@gmail.com for publication and uploading to the iPhysio website, including videos, pictures and text, and reserves the right to edit material for optimal online viewing, space and clarity and to withhold material from publication and uploading on the website.

   Individual views expressed on the website are not necessarily those of iPhysio Pty Ltd and inclusion of product or service information does not imply iPhysio Pty Ltd endorsement of the product or service unless specifically stated.

   "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the iPhysio Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is".

3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the iPhysio Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the iPhysio Service or otherwise as prohibited under this Agreement.
4. You may access iPhysio Content, User Submissions and other content only as permitted under this Agreement. iPhysio reserves all rights not expressly granted in and to the iPhysio Content and the iPhysio Service.
5. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
6. You agree not to circumvent, disable or otherwise interfere with security-related features of the iPhysio Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the iPhysio Website or the Content therein.
7. You understand that when using the iPhysio Website, you will be exposed to User Submissions from a variety of sources, and that iPhysio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Professional user video, picture or text Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against iPhysio with respect thereto, and agree to indemnify and hold iPhysio, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

1. If you are an iPhysio health professional account holder you may submit videos ("Professional User Videos"), pictures ("Professional User Pictures"), sounds ("Professional User Sounds") and textual content ("Professional User Text") through emailing this content to iphysiomail@gmail.com. "Professional User Videos", "Professional User Pictures", "Professional User Sounds", "Professional User Pictures" and "Professional User Text" are collectively referred to as "Professional User Submissions". You waive all moral rights in relation to your "Professional User Submissions". iPhysio Pty Ltd is not obliged to attribute authorship of your "Professional User Submissions". If you require such attribution it should be included in the body of the "Professional User Submission". You understand that whether or not such Professional User Submissions are published, iPhysio does not guarantee any confidentiality with respect to any Professional User Submissions. All iPhysio health professional account holders are able to access, specifically select and allow their individual clients to view any Professional User Submissions.
2. If you are an iPhysio health professional account holder you shall be solely responsible for your own Professional User Submissions and the consequences of iPhysio posting, uploading or publishing them on your behalf. In connection with Professional User Submissions, you affirm, represent, and/or warrant that as a healthcare professional: you own or have the necessary licenses, degree, current professional registration, professional indemnity and medical malpractice insurance, rights, consents, and permissions to use and authorise iPhysio to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Professional User Submissions to enable inclusion and use of the Professional User Submissions in the manner contemplated by the Website and these Terms of Use.
3. You represent and warrant that as a healthcare professional you have appropriate academic qualifications and professional registration and hold professional indemnity/ medical negligence insurance to the equivalent of 6 million Australian dollars or greater. You agree to indemnify iPhysio Pty Ltd and its officers against all professional indemnity or medical negligence claims made against any of them arising from or related to your "Professional User Submissions".
4. For clarity, if you are an iPhysio health professional account holder you retain all of your ownership rights in your Professional User Submissions. However, by submitting User Submissions to iPhysio, you hereby grant iPhysio a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Professional User Submissions in connection with the iPhysio Website and iPhysio's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the iPhysio Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the iPhysio Website a non-exclusive license to access your Professional User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in Professional User Submissions terminate within a commercially reasonable time after you remove or delete your Professional User Submissions from the iPhysio Service. You understand and agree, however, that iPhysio may retain, but not display, distribute, or perform, server copies of Professional User Submissions that have been removed or deleted. The above licenses granted by you in Professional User Submissions are perpetual and irrevocable.
5. If you are an iPhysio health professional account holder in connection with Professional User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant iPhysio all of the license rights granted herein.
6. If you are an iPhysio health professional account holder you further agree that you will not, in connection with Professional User Submissions, submit material that is contrary to the iPhysio guidelines. These may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
7. iPhysio does not endorse any Professional User Submission or any opinion, recommendation, or advice expressed therein, and iPhysio expressly disclaims any and all liability in connection with Professional User Submissions. iPhysio does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and iPhysio will remove all Content and Professional User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. iPhysio reserves the right to remove Content and Professional User Submissions without prior notice.

1. If you are a private company you may submit videos ("Company Videos"), pictures ("Company Pictures"), sounds ("Company Sounds") and textual content ("Company Text") through emailing this content to iphysiomail@gmail.com. "Company Videos", "Company Pictures", "Company Sounds", "Company Pictures" and "Company Text" are collectively referred to as "Company Submissions". Acting on behalf of your company you waive all moral rights in relation to your "Company Submissions". iPhysio Pty Ltd is not obliged to attribute authorship of your "Company Submissions". If you require such attribution it should be included in the body of the "Company Submission". You understand that whether or not such Company Submissions are published, iPhysio does not guarantee any confidentiality with respect to any Company Submissions. All iPhysio health professional account holders are able to access, specifically select and allow their individual clients to view any Company Submissions.
2. If you are a private company you shall be solely responsible for your own Company Submissions and the consequences of iPhysio posting, uploading or publishing them on your behalf. In connection with Company Submissions, you affirm, represent, and/or warrant that as a company: you own or have the necessary licenses, experience, current company registration, company indemnity and malpractice insurance to the equivalent of 6 million Australian dollars or greater, rights, consents, and permissions to use and authorise iPhysio to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Company Submissions to enable inclusion and use of the Company Submissions in the manner contemplated by the Website and these Terms of Use.
3. You represent and warrant that as a private company you have appropriate qualifications and company registration and hold company indemnity/ negligence insurance to the equivalent of 6 million Australian dollars or greater. You agree to indemnify iPhysio Pty Ltd and its officers against all company indemnity or negligence claims made against any of them arising from or related to your "Company Submissions".
4. For clarity, if you are a private company you retain all of your ownership rights in your Company Submissions. However, by submitting Company Submissions to iPhysio, you hereby grant iPhysio a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Company Submissions in connection with the iPhysio Website and iPhysio's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the iPhysio Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the iPhysio Website a non-exclusive license to access your Company Submissions through the Website, and to use, reproduce, distribute, display and perform such Company Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in Company Submissions terminate within a commercially reasonable time after you request to remove or delete your Company Submissions from the iPhysio Service. You understand and agree, however, that iPhysio may retain, but not display, distribute, or perform, server copies of Company Submissions that have been removed or deleted. The above licenses granted by you in Company Submissions are perpetual and irrevocable.
5. If you are a private company in connection with Company Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant iPhysio all of the license rights granted herein.
6. If you are a private company you further agree that you will not, in connection with Company Submissions, submit material that is contrary to the iPhysio guidelines. These may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
7. iPhysio does not endorse any Company Submission or any opinion, recommendation, or advice expressed therein, and iPhysio expressly disclaims any and all liability in connection with Company Submissions. iPhysio does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and iPhysio will remove all Content and Company Submissions if properly notified that such Content or Company Submission infringes on another's intellectual property rights. iPhysio reserves the right to remove Content and Company Submissions without prior notice.

Professional User submissions (Video, picture and text) and Client User submissions (blog text and the completion of the client feedback form) are collectively referred to as "User submissions" iPhysio reserves the right to remove Content and User Submissions without prior notice. Bloggers are prohibited from writing sexually explicit language, clinically unsafe or inaccurate material, obscene or defamatory material, or in excessive length. iPhysio may remove such Client User Submissions and/or terminate a User's access for uploading or emailing such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

1. You understand that when using the iPhysio Website, you will be exposed to User Submissions from a variety of sources, and that iPhysio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against iPhysio with respect thereto, and agree to indemnify and hold iPhysio, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
2. iPhysio adopts no duty of care either to iPhysio health professionals or to patients. The iPhysio website is simply a tool for use by Health Professionals in accessing, developing and displaying their own physical exercise programs for their patients or clients to view. People who are not iPhysio health professionals, or the patients of iPhysio health professionals, are not authorised to use the iPhysio website.

1. iPhysio will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
2. iPhysio reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, clinically unsafe or inaccurate material, obscene or defamatory material, or excessive length. iPhysio may remove such User Submissions and/or terminate a User's access for uploading or emailing such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

   • A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
   • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
   • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
   • A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
   • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

   iPhysio's designated Copyright representative to receive notifications of claimed infringement is: David Payten of 14/188 Longueville Road, Lane Cove, New South Wales, Australia, 2066. For clarity, only DMCA notices should go to the Copyright representative; any other feedback, comments, requests for technical support, and other communications should be directed to iPhysio customer service through iphysiomail@gmail.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

2. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

   • Your physical or electronic signature;
   • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
   • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
   • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Sydney, Australia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

   If a counter-notice is received by the Copyright Agent, iPhysio may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at iPhysio's sole discretion.

YOU AGREE THAT YOUR USE OF THE IPHYSIO WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IPHYSIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. IPHYSIO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IPHYSIO WEBSITE. IPHYSIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IPHYSIO WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IPHYSIO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL IPHYSIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IPHYSIO WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT IPHYSIO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by iPhysio from its facilities in the Australia. iPhysio makes no representations that the iPhysio Website is appropriate or available for use in other locations. Those who access or use the iPhysio Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree to defend, indemnify and hold harmless iPhysio, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the iPhysio Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the iPhysio Website.

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iPhysio without restriction.

You agree that: (i) the iPhysio Website shall be deemed solely based in Australia; and (ii) the iPhysio Website shall be deemed a passive website that does not give rise to personal jurisdiction over iPhysio, either specific or general, in jurisdictions other than Australia. These Terms of Use shall be governed by the internal substantive laws of the State of New South Wales, without respect to its conflict of laws principles. Any claim or dispute between you and iPhysio that arises in whole or in part from the iPhysio Website shall be decided exclusively by a court of competent jurisdiction located in Sydney, Australia. These Terms of Use, together with the Privacy Notice at http://www.iPhysio.net and any other legal notices published by iPhysio on the Website, shall constitute the entire agreement between you and iPhysio concerning the iPhysio Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and iPhysio's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. iPhysio reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the iPhysio Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND IPHYSIO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE IPHYSIO WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. All rights not expressly granted herein are reserved.