Advertising, Links to other Website and Offers
This Site contains hyperlinks and other pointers to Internet websites operated by third parties for the convenience of users and members. The linked websites are not controlled by Shoulder Guy Physiotherapy, and Shoulder Guy Physiotherapy is unable to control the contents of any such linked website. Hence, Shoulder Guy Physiotherapy does not accept any responsibility for the contents nor does it specifically endorse those contents. Clients, users and members link to any such website and use or rely on such website entirely at their own risk.
Shoulder Guy Physiotherapy may from time to time accept banner and other forms of advertisement on this Site. Any such banner or other advertisement or link should be understood to be a paid advertisement and not an implicit or explicit endorsement by Shoulder Guy Physiotherapy of the content or use of that linked site. Users and members are referred to the linked website for all information in relation to that website.
Some advertisements contain representations or offers by the advertiser which can be accepted by linking to the advertiser’s website and executing the relevant transaction. Such offers are made solely by the advertiser, not by Shoulder Guy Physiotherapy. Further, the advertiser is solely responsible for fulfilling any representation or offer made.
Disclaimer and Limitation of Liability
The Australian Trade Practices Act 1974 (Cwth) and similar State and Territory Legislation confers certain rights and remedies on consumers in relation to the provision of services by this Site which cannot be excluded, restricted or modified (“Statutory Rights”). To the extent that such Statutory Rights conflict with the disclaimers and other conditions set out below the Statutory Rights shall prevail provided that the offending disclaimer or condition shall be read down to the minimum extent required to avoid offending the Statutory Rights or if necessary shall be severed on the basis that the remainder of the disclaimer and the conditions shall continue to apply to the maximum extent possible. This Disclaimer shall exclude all other conditions and warranties implied by custom, law or statute.
Subject to the Statutory Rights:
- All Content is provided “as is” and without warranties of any kind, either express or implied,
- Shoulder Guy Physiotherapy expressly disclaims all warranties of any kind including, without limitation, implied warranties of merchantability and fitness for a particular purpose,
- Shoulder Guy Physiotherapy does not warrant that the functions contained in any Content or any Communications Facility or user or member access to this Site will be uninterrupted or error-free, that any defects will be corrected or that this Site or the server which stores and transmits Content to you are free of viruses or any other harmful components,
- Shoulder Guy Physiotherapy does not warrant or make any representation regarding user or member access to, or the results of user or member access to, this Site (including any linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
- Users and members (and not Shoulder Guy Physiotherapy) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission, whether negligent or not, on the part of Shoulder Guy Physiotherapy) will Shoulder Guy Physiotherapy or its Affiliates be liable for any indirect, incidental, special and/or consequential injury, loss or damage incurred whatsoever which result from any use or access of, or any inability to use or access, this Site or any Content.
Users and members expressly acknowledge and agree that Shoulder Guy Physiotherapy does not exert control over other users and members of the Site and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, Shoulder Guy Physiotherapy’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Shoulder Guy Physiotherapy to
- the supply of the services again, or
- the payment of the cost of having services supplied again.
Termination
The Terms of Use are effective until terminated or amended by Shoulder Guy Physiotherapy. Shoulder Guy Physiotherapy may terminate this agreement and user and member access to this Site at any time without notice. In the event of termination, all restrictions imposed on users and members, licenses granted by users and members and all Shoulder Guy Physiotherapy disclaimers and limitations of liability set out in the Terms of Use will survive. In the case of members, Shoulder Guy Physiotherapy’s liability will be limited to a refund of any unused portion of any subscription fee paid.
Miscellaneous
This agreement will be governed by and construed in accordance with the laws of Queensland, Australia. Users and members irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland. 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.
