Contents
This section of our website contains the following:
· Website Terms and Conditions
· Osteopathy Services Terms and Conditions
· General Terms and Conditions
· Privacy Policy – General
· Health Privacy
· Informed Consent
Website Terms and Conditions
These are the terms and conditions for the True Health Osteopathy ABN 35 725 014 502 (THO, we, us and our) website hosted at https://truehealthosteopathy.com.au and any of our mobile or associated websites (collectively, the Site).
Please read these terms and conditions carefully before using the Site. By using the Site you are agreeing to be bound by the following terms and conditions. If you choose not to be bound by the following terms and conditions then this does not grant you the right to use the Site and you must not use the Site. You must not use or access the Site in violation of these terms and conditions.
1. Use and Copyright
You may use the Site and the information contained within it for your own personal and non-commercial reference only. You agree that you will not hack into the Site nor employ any robot, spider or other device or process to use the Site for any unauthorised purposes. You agree that you will not take any action that imposes an unreasonably large burden on the Site.
The information contained within this Site (including programming scripts, graphics and logos) are copyright of THO and its affiliates. You may make any copies of any information reasonably incidental to your viewing of the Site and may retain a single permanent copy for your personal reference. The information may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part (except where by law such use cannot be prohibited) without the prior written approval of THO or its affiliates.
2. Violation
If you violate these Terms and Conditions, without limiting any other remedies available, THO may without notice to you:
a) prohibit you from using the Site;
b) restrict your ability to make bookings through THO; and
c) if required by law, or by subpoena or an enforcement body, disclose information about you and your use of the Site for the investigation of any unlawful or harmful activity.
3. Trademarks
The trademarks appearing on this Site are primarily trademarks of THO or their affiliates. Other trademarks displayed on the Site are trademarks of their respective owners. Nothing contained on this Site should be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of THO or the relevant affiliate, or third party owner.
4. Privacy
Use of your personal information submitted to or via the Site is governed by our Privacy Policy set out in a separate section.
5. Contracting Parties and Linked Sites
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of THO and THO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. THO is not responsible for webcasting or any other form of transmission received from any Linked Site. THO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by THO of the site or any association with its operators.
6. Security of Site
We provide no warranty that the Site:
a) Will be free from errors or defects;
b) Will be accessible at all times;
c) Will be able to deliver messages promptly or at all;
d) Will secure or maintain confidentiality of information received by or supplied to it; or
e) Contains information that is accurate, true or not misleading.
Osteopathy Terms and Conditions
The following are the terms and conditions for the provision of osteopathy and other services by THO.
1. Consent
You signify your consent to these terms by purchasing or booking any osteopathy service from the Site.
If you are under 18 years of age, you must provide us with the written consent of your parent or guardian, who must also agree to –
● be bound by these terms;
● provide proper supervision in relation to the provision of information to us; and
● provide proper supervision in relation to your use of our osteopathy services.
2. Purpose and Nature of Osteopathy Services
You acknowledge that –
● in regards to tele-health appointments no online service is a perfect substitute for an “in person” consultation with an osteopath; and
● in regard to all Osteopathy services, we are unable to guarantee that our treatments will result in a cure of your particular complaint or condition. We recommend treatments that we believe are likely (based upon our experience and training) to be effective, but we cannot guarantee results
.
3. Suitability of our Osteopathy Services
It may become obvious to us that our osteopathy services are not suitable for you. In these circumstances, we will not provide the osteopathy services to you.
4. Provision of Advice by Us
We agree to provide you with a written document / PhysiTrack videos containing your treatment programme or other requested information by email within two business days.
5. Providers of Services
You acknowledge that:
· Payments are received by THO as agents for businesses that provide services to customers (“Practitioners”).
· THO is not a provider of services and Practitioners provide these services directly to customers. THO has no responsibility for any services provided or not provided to you by the Practitioners or any other party.
· THO makes no warranty or representation regarding the standard of any service to be provided to you by PhysiTrack.
· THO makes no guarantees or warranties about the services that are provided to you by the Practitioners.
6. Using our Osteopathy Services
The following provisions apply to the use of our Osteopathy Services:
· Full understanding required: You must not implement our treatment program or act on any advice unless you fully understand it. Please ask any questions before implementing any treatment program or acting on any advice provided by us.
· Cessation: You must immediately cease using our treatment program and cease acting upon any advice given by us if you experience any pain or discomfort. In these circumstances, you must contact us as soon as possible.
· Third persons: You must not provide our treatment program to any other person. We assume no duty of care in relation to any third persons.
7. Prices and Payment
We reserve the right to change prices without notice. Any purchase of services is only valid for the service selected.
Payment is required after the consultation. You are able to pay via credit card, over the phone, or via bank transfer. If a suitable connection is not able to be established, or if we deem your environment to not be appropriate to conduct a telehealth consultation (i.e. not enough room to perform exercises/examinations), we will offer to reschedule your appointment. If an appropriate time cannot be found, we will refund your payment.
No refunds are offered for change of mind or late cancellations under 24 hours. Reschedules are permitted if prior to 24 hours, and no charge will be incurred.
General Terms and Conditions
These general terms and conditions apply to the use of the Site and to the purchase of osteopathy services.
1. Limitation of Liability
To the extent permitted by law our liability to you, whether for breach of these terms or for negligence or any other tort or for any other common law or statutory cause of action or statutory warranty arising whatsoever is limited to:
a) in the case of goods, the replacement of goods or supply of equivalent goods or payment of the cost of acquiring equivalent goods; or
b) in the case of services, the supply of services again or the payment of the cost of having services supplied again.
To the extent permitted by law we will not be liable for any indirect, incidental, consequential damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your purchase of osteopathy services or your access to, or use of, or inability to use the Site and its content, whether based in contract, tort, negligence, statute or any other cause whatsoever, and whether or not we know of the possibility of such damage or loss.
2. Force Majeure
Neither us nor you are liable for the consequences of any act or omission which arises as a result of a circumstances beyond a person’s reasonable control and without fault or negligence of the party affected, including without limitation, inevitable accident, storm, flood, fire, earthquake, explosion, pandemic, epidemic, peril of navigation, strike, lock-out or other labour difficulty, hostility, war (declared or undeclared), insurrection, riot, uprising, act of terrorism, executive or administrative order or act of either general or particular application of any government, whether de jure or de facto, or of any official purporting to act under the authority of that government, prohibition or restriction by domestic or foreign laws, regulations or policies, quarantine or customs restrictions, breakdown or damage to or confiscation of property.
3. Variation
THO may vary these terms at any time. Any variations become effective on posting on the Site. By continuing to use the Site or purchasing services after the terms have been varied you agree to be bound by the variation.
4. General
a) If any of the terms or conditions are held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
b) These terms are governed by the laws of the State of Victoria and the Commonwealth of Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria and the Commonwealth of Australia.
c) The failure by us to enforce at any time any term shall not constitute waiver of such term and in no way affect our right to enforce it.
Privacy Policy
This is the Privacy and Cookie Statement (Statement) for THO, including for the Site.
We Respect Your Privacy
We have created this Privacy Policy to demonstrate our commitment to maintaining the privacy and accuracy of your personal information. We take all reasonable precautions to ensure the personal information we collect, use and disclose is accurate and current. We are committed to ensuring that our directors, managers and employees comply at all times with the requirements of: a) the Privacy Act 1988 (Cth) (the Act); and b) the Australian Privacy Principles (the “APPs”) included in Schedule 2 of the Act, together “the Privacy Laws”, to the extent the Privacy Laws are applicable.
1. Scope of this Privacy Policy
This Privacy Policy applies to personal information collected by THO. For the purposes of this Statement, ‘personal information’ has the meaning given to it in Act. In general terms, it is any information that can be used to personally identify you. This may include, but is not limited to, your name and contact details including phone numbers and email addresses. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.
You can find information about how we handle and manage your personal information in this Privacy Policy. If you have any questions about this Privacy Policy or how we manage your personal information, please contact our Privacy Officer. This Privacy Policy also provides information about how you can seek access to and correction of the personal information that we hold about you.
We may update or revise this Privacy Policy from time to time. You can find the most current version on our website or ask our Privacy Officer for a copy.
This Privacy Policy only applies to THO and its associated websites. It does not apply to any
other company or organisation with whom we deal. If you are using a third party site to interact with THO, or you navigate from the Site to a separate website, this activity is not covered by THO’s Privacy Policy.
2. What Personal Information We Collect About You
The kinds of personal information that we collect will vary depending upon our interaction with you but may include:
● your name, address and other contact details (like your telephone number)
● your email address
● your date of birth
● your gender
● any preferences that you select
● your log-in and password details
● your clinical records
● the content of your emails
● any other personal information which may be required in order to facilitate your dealings with us
3. Why We Collect Personal Information
THO collects a wide range of personal information in the course of its operations, for purposes
that are directly related to its core functions or activities. THO collects personal information
about you for the following reasons:
● to provide osteopathy or related services you have requested
● because you have provided it to us – by asking us a question or making a complaint
● to improve our services, or your experience of our services – by collecting information about you, your preferences and your use of our online services
● for any other purpose related to the above.
4. How We Collect Personal Information
THO collects personal information which is given to us by you. You may do this because you
wish to receive a particular service, or because you wish to give us feedback or make a
complaint.
When THO collects personal information from you, we will generally inform you of the reason
the information is being collected and how we will use it (unless the reason for collection is
self-evident).
Generally, we collect personal information when you:
● subscribe to THO via our website, or any mobile site or app
● create an account with THO via our website, mobile site or app
● participate in a THO survey
● indicate that you wish to receive information or other material from THO
● make an inquiry or a complaint
● have other dealings with us, for example, via social media or in person, over the phone or when you write to us
In certain circumstances, we may also collect personal information about you in the course of combining and analysing different data sets which, in and of themselves, may not contain personal information.
THO will automatically gather information about your visits. This information is aggregated,
and is effectively anonymous to us. It helps us to improve our services by showing us what
visitors do and don’t use. It also assists us in detecting any problems with our service.
Information gathered includes:
● the user’s server (IP) address;
● the user’s top-level domain name (e.g. .au, .com, .gov);
● the date and time of the visit;
● the pages accessed and documents downloaded;
● the previous site visited; and
● the type of browser used.
No attempt will be made to identify THO website users or their browsing activities except as
required by a law enforcement agency exercising a warrant to inspect the service provider’s
logs.
Some THO services and websites are integrated with third party social media services like
Facebook or Twitter. You should also be aware that any posts you make on social media via
THO platforms may be publicly available and able to be found via search engines. THO
strongly recommends that all users become familiar with the privacy settings and terms of
your social media accounts.
In some circumstances, THO may source information about you which is on the public record,
or can be requested from third parties.
5. How We Store Your Personal Information
Depending on how we received your personal information, THO may store it in electronic or hard copy format or a combination of both. This personal information may be combined or linked with other information held about, or which we attribute to, you, including information (personal or otherwise) that we collect from our Site (as described below in relation to “Cookies, Tracking and Advertising”) or from third parties.
THO takes such steps as are reasonable and practicable to ensure that the personal
information it holds is protected against interference, unauthorised access and other forms of
misuse. Measures taken may be physical, electronic, or procedural. THO staff are advised to
treat personal information with care, and to use it in accordance with this Privacy Policy and
current laws.
In some instances, including where you are using third party social media platforms to
engage with THO, these platforms are not under the control of THO. If security is of concern to
you, we encourage you to carefully consider the terms and conditions and security used by
any third party platform.
6. How We Use Your Personal Information
Generally, THO only uses personal information for the primary purpose for which we have collected it, or for another closely related secondary purpose. Our potential uses of personal information which THO collects (and for which you consent to us using your personal information for) may include:
● to provide a service that you’ve requested
● to get a better understanding of you, your needs, your behaviours and how you interact with us in order to identify ways in which we can customise, enhance or improve THO’s services
● to promote our products and services to you and the products and services of third parties that we deal with
● to allow our related companies to promote their products and services to you and those of their partners
● to measure your experience with THO’s services
● to provide technical support, or respond to any enquiries and complaint handling
● to manage your dealings with us
● for business research and development of new products and services
● to verify your identity
● to conduct of data analytics and predicting trends
● for marketing services in connection with the products and services we provide
● to comply with our legal and regulatory obligations and enforce our legal rights
● if permitted or required by law
● it is necessary to prevent or lessen a serious and imminent threat to a person’s life or health
● if you consent to the disclosure (this may be express or implied)
If data about your use of THO’s websites is de-identified, aggregated or otherwise made
anonymous, THO may collect, use and share that information for any purpose with third parties
provided that in doing so we do not reveal any personal information and the use is related to
THO’s activities.
In providing and managing the services offered by THO, we may need to make your
information available to third party services and content providers, including providers of
cloud services, website hosts, and other companies.
THO will ensure that any third parties who receive your personal information from us follow
the same standards and obligations set out in this Privacy Policy, and only use your
information for the specific purpose and service they are providing to you or THO. However, in the case of disclosure of personal information to persons located in other countries, we cannot take steps to ensure the overseas recipient does not breach the Australian Privacy Principles and to this extent, subclause 8.1 of the Australian Privacy Principles will not apply.
From time to time, there may be other purposes for which we collect, hold, use and disclose your personal information. We will tell you about these at the point of collection (unless the reason for collection is self-evident).
In the case of sensitive information, unless you agree otherwise or is allowed by law, sensitive information will be used and disclosed on for the purpose for which it was provided or a directly related secondary purpose. Sensitive information means information relating to a person’s racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences or a criminal record and health information.
7. How Long We Keep Your Personal Information
We retain personal information for as long as is necessary to fulfil the interactions you have requested, for key business requirements such as marketing or for essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. The criteria we use for determining retention periods for different categories of personal information will vary but may include:
● how long we need to keep personal information to provide our services and operate our business, eg. improving the performance of our Site or maintaining appropriate business records
● the expectations of our customers, eg. our customers may expect that their registration details will be retained for a certain period should they choose to return to our Site
● whether we are subject to legal, regulatory or contractual obligations to retain the personal information
● the sensitivity of the personal information we are handling, eg. were we to collect more sensitive personal information we would expect to hold it for shorter periods.
8. Anonymity and pseudonymity
Where possible, you may interact with THO anonymously should you choose to do so. For
example, if you wish to access offers on one of the THO websites, you may do so without the
need to sign up or sign in to access some of the content.
However, in some cases it will not be practicable to interact with you anonymously, or it may
be impossible to provide the service you are requesting without some form of personal
information. For example, if you wish to subscribe to a THO email newsletter, an email
address must be provided.
9. Cookies, Tracking and Advertising
Our Site runs on Wix and Cliniko, which uses cookies to collect and store certain information. These typically involve pieces of information or code that a website transfers to or accesses from your computer hard drive or mobile device to store and sometimes track information about you. To enhance your experience when using our Site, these store information you have provided to us (such as your location, preferences and sign in username) to enable us to provide a more personalised service to you. If you use the ‘Keep me signed in’ feature during the THO ‘sign in’ process, the cookies will also store your sign in username. Our Site may also carry third party cookies, which automatically collect anonymous information from you, such as your demographics and interests. This information may be disclosed to third parties for the purpose of providing you, and others, with a more targeted information and/or an enhanced advertising experience both on and off the Site. Most web browsers are set by default to accept cookies. You can always modify your browser so as not to accept cookies or to notify you when cookies are sent to it. Please note, however, that by blocking or deleting cookies used on our Site, you may not be able to take full advantage of our Site (as the case may be). We also use cookies for measuring, collecting, analysing and reporting data from our website and in connection with general marketing and research services. This allows us to better understand our users and improve the layout and functionality of our website. This tracking is conducted in such a way to ensure the anonymity of visitors.
Sometimes our Site contains links to third party websites, for your convenience and information. When you access a non-THO website, please understand that THO is not responsible for the privacy practices of that site. We suggest that you review the privacy policies of each site you visit.
10. Access and Correction
Under the Australian Privacy Principles, you have a right to request access to the personal information that THO holds about you and seek its correction. If you are a THO subscriber or member, you are able to access or correct some of your personal information by logging onto our website. If you are not a THO subscriber or member, so that your request reaches the right person, please send it to our Privacy Officer. We aim to respond to requests for access or correction within 30 days. There are certain situations under the Australian Privacy Principles where we may refuse to provide you with access to or correct your personal information but we will always let you know in writing if this is the case.
11. Complaints
If you think that an act or practice of THO has interfered with your privacy you may make a
complaint to THO. You will need to identify yourself and provide your complaint in written form
addressed to the THO Privacy Contact Officer (see Relevant contacts below).
The THO Privacy Contact Officer will investigate your complaint and will endeavour to provide
a written response within 30 days of receipt of the complaint setting out THO’s decision.
If you are dissatisfied with THO’s response to your complaint you can take your complaint to
the Office of the Australian Information Commissioner (see below). The Australian Information
Commissioner may then investigate and attempt to conciliate the matter.
12. How to Contact Our Privacy Officer
Our Privacy Officer can be contacted by:
Post
Privacy Contact Officer
4 Geraghty Court, Lovely Banks, Victoria 3213
catridout@truehealthosteopathy.com.au
Website
https://truehealthosteopathy.com.au
Contact the Office of the Australian Information Commissioner (OAIC)
Contact details are set out on the OAIC website: https://www.oaic.gov.au/privacy/privacy-complaints/
Health Privacy
We adhere to the principles set out in the Guide to Health Privacy published by the Office of the Australian Information Commissioner. A link to this Guide is found here:
https://www.oaic.gov.au/privacy/guidance-and-advice/guide-to-health-privacy
Informed Consent
Our terms and conditions relating to informed consent for osteopathic treatment are set out below. We adopt procedures for obtaining informed consent consistent with the Guidelines for Informed Consent for Osteopaths developed by the Osteopathy Board of Australia. A link to this Guide is found here:
Informed Consent Terms and Conditions
When performed by a qualified Osteopath, Osteopathic manipulation of the spine and other joints, and muscles other parts of the musculoskeletal system is an effective and safe method of treatment for many conditions. As a medical professional there are, however, some risks associated with any treatment and we are required to inform you of these, even though there has never been a case in this clinic.
Form of Consent
A form of consent will be provided to you which sets out the terms and conditions of informed consent.
