Terms of use

Terms of Use & Privacy Policy (the legal stuff)

This website (“Website”) is owned and operated by Better Clinics Pty Ltd (ACN 113 360 428) (“Better Clinics”). The Website is provided to you free of charge and your access to the Website is subject to your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as “Terms of Use”). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. Better Clinics reserves the right to amend the Terms of Use at any time.


All exercises, advice sheets, videos, information, text, material, graphics and software on the Website (the “Content”) is provided for demonstration purposes only in order for you to assess and trial the Content and structure of Website in order to determine whether to subscribe to the Website and/or to recommend subscription to your patients (the “Purpose”). You agree to use the Website and its contents for the Purpose and for your exclusive use only. The Content must not be reproduced for, or distributed to, or relied upon by, any other person(s) or by you for any other Purpose.
General information relating to medical conditions, treatments or public or private health issues may be posted to the Website. The information available on or obtained via the Website is not intended or implied in any way to usurp, take precedence over or to form the basis of, appropriate and timely medical consultation, diagnosis and treatment by a qualified doctor, physiotherapist or other health professional. You acknowledge that you have sole responsibility for ensuring that your patients undertake the correct exercises and obtain the correct treatment.
Intellectual property and restrictions on use of Content on the Website
The Content belongs to Better Clinics, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. The Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for on the Website or expressly authorised in writing by or its affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark, logos and other proprietary notices), you may: a) using an industry-standard Web browser, download, print and view the Content for your personal, non-commercial use in accordance with the Purpose, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Better Clinics or an affiliate or which is prohibited by the Terms of Use. All trademarks displayed on the Website are trademarks of Better Clinics or its affiliates (as indicated). Nothing contained on the Website should be construed as granting any licence or right of use of any trademark displayed on the site without the express written permission of Better Clinics, the relevant Better Clinics affiliate or third-party owner. All powers (if any) conferred by section 26 of the Australian Trade Marks Act 1995 are expressly excluded.


To register on the Website, you are required to provide Better Clinics with your contact details. These details may include your name and title, email address, telephone number, fax number, street address, user id and password (“Personal Information”). Better Clinics will use your Personal Information for the purpose of providing you with access to the Website, to contact you (by mail, phone, fax or email) to provide information regarding the Website and the Content. Better Clinics will use its best efforts to ensure that your Personal Information is kept secure and protected from misuse, loss, unauthorised access, modification or disclosure. Better Clinics will not disclose your Personal Information to any third parties without your consent, except that Better Clinics may be required to disclose the Personal Information to comply with its legal obligations or may need to disclose your Personal Information to service providers to help it maximise the quality and efficiency of its services and business operations. Better Clinics requires its service providers to adhere to its privacy guidelines and not to keep the Personal Information or use it for any unauthorised purposes. As this Website is available internationally, there may be exchanges of information, including your Personal Information, outside of Australia, and the back up of the content of computer files on different servers located outside of Australia. As a result, we may transfer Personal Information outside of Australia to countries whose privacy laws do not provide the same level of protection as in Australia. However, this does not change any of our commitments to safeguard your privacy and the information remains subject to existing confidentiality obligations. Better Clinics will store your Personal Information whilst you are using and accessing the Website. If you require further information or would like to request Better Clinics to correct, amend or delete your Personal Information, and/or if you cease to use the Website, please tell us using the Contact Us section of the Website.


For the purpose of the Terms of Use, Better Clinics’s confidential information means the Content and any information relating to the business, property, know-how, trade secrets, products, services, customers, suppliers, your user id and password, or other affairs of Better Clinics (“Confidential Information”). Except as expressly permitted or required by this Agreement, you must not use or disclose to any other person any of Better Clinics’s Confidential Information. The obligations of confidentiality set out in this section will not apply to any information: (a) which is publicly known; (b) which is disclosed to you without restriction by a third party and without any breach of confidentiality by the third party; or (c) which is developed independently by you without reliance on any of the Better Clinics’s Confidential Information.

Disclaimer and limitation of liability

The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by Better Clinics of goods or services on the Website which cannot be excluded, restricted or modified (“Non-excludable Rights”). Better Clinics does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. To the fullest extent permitted by law and except as provided for by the Non-excludable Rights: a) all Content is provided “as is” and without warranties of any kind, either express or implied, b) Better Clinics expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Better Clinics does not warrant that your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, and d) Better Clinics does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. To the fullest extent permitted by law and except as provided for by the Non-excludable Rights, under no circumstances (including but not limited to any act or omission on the part of Better Clinics and whether arising in contract, tort (including negligence) or otherwise) will Better Clinics or its affiliates be liable for any indirect, incidental, special or consequential damages or any loss of profits, revenue, interest, goodwill, loss or corruption of data or for any loss of or interruption to your business whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. To the fullest extent permitted by law, Better Clinics’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Better Clinics to the following: in the case of services supplied or offered by Better Clinics, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by Better Clinics, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.


The Terms of Use are effective until terminated by Better Clinics, and Better Clinics may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all Better Clinics disclaimers and limitations of liability set out in the Terms of Use will survive.


Better Clinics assumes no obligation to update the information or advise on further developments. The Content may be changed without notice. If you have concerns about any information on the Website then please tell us using Contact Us section of the Website. If you wish to receive a response please include a contact email address in your feedback. Better Clinics relies on your continued observance of these Terms of Use. If Better Clinics suffers any loss or damage or incurs any costs in connection with any breach by you of these Terms of Use or any other legal obligation then you agree to indemnify Better Clinics for those losses, damages and costs. This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.