baby.physio has developed and designed a motor assessment program as an online assessment tool to assess and provide feedback on infant motor development data (Baby Physio Assessment) and other material (Material) which is accessible on the Website. Baby Physio Assessment and the Material on the Website is copyright © 2018 baby.physio.
1. Use of Material on the Website
1.1 Intellectual Property and General Terms
(a) All intellectual property rights in Baby Physio Assessment, Baby Physio Products and the Material including design, text, images, animation and other graphics, logos, icons, sound recordings and all software relating to Baby Physio Assessment and Baby Physio Products, belongs to or is licensed by baby.physio and is protected by Australian and international law.
(b) baby.physio reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it, Baby Physio Assessment, Baby Physio Products and the Material provided on the Website is provided for personal use and permitted non-commercial shared use only and must not be:
(i) re-sold and/or re-distributed in any material form;
(ii) stored in any storage media; and/or
(iii) re-transmitted in any media,
except as expressly permitted by this Website, without the prior written consent of baby.physio.
(c) Except for the limited use set out in paragraph (d) you may not use the Website, Baby Physio Assessment or the Material or place an order for Baby Physio Products, for any purpose. This includes:
(i) the reproduction of Baby Physio Assessment, the Material or Baby Physio Products in any material form;
(ii) the distribution of Baby Physio Assessment,the Material or Baby Physio Products in any material form;
(iii) re-transmission of Baby Physio Assessment, the Material or Baby Physio Products by any medium of communication;
(iv) uploading and/or reposting Baby Physio Assessment, the Material or Baby Physio Products to any other site on the WWW;
(v) "framing" Baby Physio Assessment or the Material on the Website with other material on any other WWW site.
The activities described above are unlawful in any jurisdiction and are specifically prohibited by these Website Terms of Access.
(d) Notwithstanding the above restrictions on the use of and access to this Website including Baby Physio Assessment, the Material or Baby Physio Products, you may access, use, download material or purchase Baby Physio Products from the Website for your personal and permitted non-commercial shared use provided you do not remove any copyright and trade mark notices contained on Baby Physio Assessment, the Material or Baby Physio Products.
(e) For the purposes of paragraph (d) of this clause, permitted shared use means the non-commercial distribution, publication, posting or sharing by you of this Website including Baby Physio Assessment, the Material and/or Baby Physio Products (including results), on social media, chat rooms, SMS texting and email transmission to private non-commercial third parties.
(f) You may not in any form or by any means modify, copy, adapt, reproduce (other than for the purpose of viewing the Website in your browser), store, distribute or commercialise:
(i) the layout of the Website; or
(ii) Baby Physio Assessment, the Material or any computer software and code contained in the Website.
1.2 Links to other Websites
(a) The Website may contain links to sites on the WWW owned and operated by third parties and which are not under the control of baby.physio.
(b) In relation to the other sites on the WWW, which are linked to the Website, baby.physio:
(i) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by baby.physio of the linked site; and
(ii) does not control and is not responsible for the content or material contained on those linked sites or any link contained in a linked website – you visit linked websites at your own risk.
1.3 Disclaimer 1
(a) baby.physio is making the Website available for you and others to download and use Baby Physio Assessment and/or other applications or software to collect certain personal and other information uploaded to Baby Physio Assessment (Baby Physio Information) to hold, profile, assess, generate assessment results, scores, tables and/or reports based on Baby Physio Information uploaded (Baby Physio Results) and make the Website accessible to you, persons authorized by you and any other person having a lawful right of access to such information to the extent that lawful right, and retrieve information and Baby Physio Products purchased, without assuming a duty of care to users or any third party receiving or having access to such information, Baby Physio Results or Baby Physio Products.
(b) The Website does not provide professional medical or health advice or recommendations, however, based on Baby Physio Results, Baby Physio Assessment or Baby Physio Products may recommend that you seek suitably qualified medical or other health professional advice. Notwithstanding any such general recommendation, Milestones Physio gives no warranty, guarantee or representation about the accuracy, suitability, reliability, usefulness or timeliness or otherwise, of Baby Physio Assessment, the Material, Baby Physio Products or Baby Physio Results or other information or software contained on the Website and/or linked sites on the WWW.
(c) The Baby Physio Results, Baby Physio Products and other information provided on this Website do not supersede or replace advice from a healthcare professional. baby.physio recommends that you seek advice from a suitably qualified healthcare professional before acting on any information contained in or provided by this Website (including Baby Physio Assessment, Baby Physio Results and Baby Physio Products).
(d) To the full extent permitted by law baby.physio disclaims any and all guarantees, conditions and warranties, express or implied, regarding:
(i) the accuracy, reliability, timeliness, usefulness or otherwise of any information contained or referred to on the Website including Baby Physio Assessment, Baby Physio Products, the Material and/or of any linked sites;
(ii) the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website including Baby Physio Assessment, Baby Physio Products, the Material and/or on any linked sites; and
(iii) the misinterpretation, incorrect or inappropriate clinical decisions that are taken using Baby Physio Assessment, Baby Physio Products, the Material and/or any linked sites.
(e) baby.physio will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law including, without limitation, direct or indirect, special, punitive, incidental, or consequential damages, losses or expenses (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(i) accessing or using, or your inability to access or use, this Website (including Baby Physio Assessment and Baby Physio Products) or any linked website;
(ii) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked websites; and
(iii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
1.4 Disclaimer 2
(a) baby.physio does not warrant, guarantee or make any representation that:
(i) the Website (including Baby Physio Assessment and Baby Physio Products), or the server that makes the site available on the WWW are free of software viruses;
(ii) the functions contained in Baby Physio Assessment, Baby Physio Products or any other software contained on the Website will operate uninterrupted or are error-free; and
(iii) errors and defects in the Website (including Baby Physio Assessment and Baby Physio Products) will be corrected.
(b) baby.physio is not liable to you for any:
(i) error or omission in the Website (including Baby Physio Assessment and Baby Physio Products), or linked sites on the WWW;
(ii) delay to, interruption of or cessation of the services provided in the Website, or linked sites; and
(iii) defamatory, offensive or illegal conduct of any user of the Website (including Baby Physio Assessment and Baby Physio Products),
whether caused through negligence of baby.physio, its employees or independent contractors, or through any other cause.
(c) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website or using or downloading Baby Physio Assessment, Baby Physio Products or other applications or software or the Material.
1.5 Limitation of liability
Clause 1.3 (Disclaimer 1) and/or clause 1.4 (Disclaimer 2) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law, baby.physio's liability for any implied warranty or condition is limited, at the choice of baby.physio, to one or more of the following:
(a) If the breach of an implied warranty, condition or consumer guarantee under any applicable legislation or law relates to services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again; and
(b) if the breach of an implied warranty, condition or consumer guarantee under any applicable legislation or law relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods; or
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
1.6 Use of information gathered about you
(a) baby.physio and/or people authorised by it may gather and process the information:
(i) which you may provide about you when accessing the Website, such as your name, address, e-mail address and other personal information; and
(ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Website.
(b) baby.physio may authorise others to offer you goods and services using the information acquired through paragraph (a).
1.7 Use of Baby Physio Assessment Information
1.8 Termination of access
baby.physio may terminate access to the Website to you without giving any explanation or justification for the termination of access, and baby.physio has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
1.9 Alteration of Terms of Access
baby.physio reserves the right to change these Terms of Access:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.
2. Terms and conditions on uploading Baby Physio Assessment Information
2.1 Assessments or Transactions concluded through the Website
Agreement for the use, including the right to access, Baby Physio Assessment and upload information to be held on our Website and to purchase Baby Physio Products Baby Physio Assessment, are governed by our terms and conditions of sale which can be accessed on this Website by clicking on the hyperlink: “Terms and Conditions of Sale”.
2.2 Uploading information
You represent and warrant in relation to any material, data and/or information, including Baby Physio Assessment Information, you upload to the Website that:
(a) you are authorised to provide the material, data and/or information;
(b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(c) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(d) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Victoria including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law and Fair Trading Act 2012 (Vic) and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.
2.2 Removal of information
In relation to any material and/or information included on the Website by baby.physio (excluding Baby Physio Assessment Information), baby.physio may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.
2.4 Limit of liability
baby.physio and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly:
(a) in relation to or in connection with any material and/or information supplied in respect of advertising on the Website; and
(b) as a consequence of removing any material and/or information from the Website.
You will at all times indemnify and keep indemnified baby.physio and its respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
(a) any breach of these Terms of Access by you; and
(b) any use, disclosure, publication of or distribution by or on behalf of you of Baby Physio Assessment Information or other material and/or information supplied by you.
3.1 baby.physio provides a blog page on the Website on which we post blogs from time to time (Blog). We aim to provide up to date and interesting information and opinions about Baby Physio Assessment and related issues and topics.
3.2 You are welcome to read our Blogs and when the Blog page is interactive enabled, to leave your comments. Any issues or concerns regarding and Blog post or comment can be directed to us at our email address: firstname.lastname@example.org with the subject line: “Blog Response”.
3.3 All material and content provided on a Blog is for general interest and information purposes only and must not be taken as medical or health advice.
(a) make no representation and give no warranty as to the accuracy or completeness of any content or comment on a Blog post or any link on the Blog page;
(b) accept no liability for any errors or omissions in the content of any post or comment on the Blog page;
(c) accept no liability for any loss, damage or injury caused or contributed by or arising from the display or use of any content found on the Blog page.
3.5 baby.physio is the sole and exclusive owner of the copyright that subsists in any creative and literary works at any time displayed on this Website including on the Blog page and all other intellectual property and proprietary rights in the content.
3.6 By posting material on this Blog, you grant us a royalty free, unrestricted, irrevocable, non-exclusive, fully transferable and assignable right and licence to use, copy, reproduce, republish, modify, adapt, translate, create derivative works from. Distribute, perform and display that material wholly or in part and to incorporate such material in other works in any form or media.
3.7 The terms of this clause 3 are subject to change at anytime and without notice to you.
4. Relevant jurisdiction
4.1 If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
4.2 These Terms of Access will be governed by and interpreted in accordance with the law of the State of Victoria, Australia without giving effect to any principles of conflicts of laws.
4.3 You agree to the jurisdiction of the courts of the State of Victoria to determine any dispute arising out of these Terms of Access.
Terms and Conditions of Sale
In these terms and conditions, the expressions “we”, “us” and “our” are a reference to baby.physio ABN 71 250 471 152 (baby.physio).
We reserve the right to amend thee terms and conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
1. Purchasing procedure
1.1 You may offer to purchase Baby Physio Products described on this Website for the price specified on this Website.
1.2 Your offer to purchase Baby Physio Products must be made in accordance with relevant directions and instructions contained on this Website and must include your name, email address, credit card details and any other ordering information specified on this Website.
1.3 Upon receipt of your order, we will at our discretion accept or reject your offer to purchase any Baby Physio Product.
1.4 You may not cancel your order once it has been submitted, even if our acceptance or rejection of your order is still pending.
1.5 We are not required to give reasons for rejecting your offer to purchase.
1.6 If we reject your offer to purchase any Baby Physio Product for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
1.7 If we have not responded or delivered the Baby Physio Products you have ordered to you within 8 hours of your order being submitted, your offer will be deemed rejected.
1.8 We give no undertaking as to the availability of Baby Physio Products advertised on this Website.
1.9 Delivery of the Baby Physio Products to you will be effected in the manner described on this Website.
2.1 You acknowledge that despite our reasonable precautions, Baby Physio Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight.
2.2 In these circumstances we reserve the right to cancel the transaction, even though your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of the Baby Physio Products to you.
2.3 If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
3. General disclaimer and limitation of liability
4. Returns and refunds
baby.physio handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
5. Additional disclaimer
5.1 baby.physio and our officers, employees and agents hereby disclaim, to the maximum extent permitted by law, any warranties, either express or implied, with respect to these terms and conditions or the information on this Website, including but not limited to warranties of accuracy, completeness, non-infringement, or usefulness of Baby Physio or any Baby Physio Product or any misinterpretation, incorrect or inappropriate assessment, score, report or recommendation. To the maximum extent allowed by law:
(a) we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use or reliance on information contained in any Baby Physio Product or accessed through this Website;
(b) any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
(c) we do not accept liability to you or any other person in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in in respect of Baby Physio Products or any other goods or services supplied pursuant to or in any way connected with this Website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
5.2 You acknowledge that:
(a) prior to entering into these terms and conditions you have been given a reasonable opportunity to read and examine all of the information on this Website about the Baby Physio, Baby Physio Products and the Material and satisfy yourself regarding all goods and services which are the subject of these terms and conditions (including Baby Physio Products) and that prior to entering into these terms and conditions you have availed yourself of that opportunity; and
(b) at no time prior to entering into these terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so.
5.3 The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.
5.4 Pursuant to section 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010(Cth)) (ACL), liability for breach of a guarantee conferred by the ACL and liability for any other implied warranty or condition outside of the ACL, is limited:
(a) in the case of goods, to any one of the following as determined by us:
(i) the replacement of the goods or the supply of equivalent goods; or
(ii) the repair of the goods; or
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) in the case of services, to any one of the following as determined by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
baby.physio ABN 71 250 471 152 (we, us, our or baby.physio) offers its social media pages to provide information, commentary and opinions about infant motor development (Baby Physio Assessment) and related areas of interest. Our social media pages are open to all users of the relevant social media website.
We contribute posts to our social media pages on external social platforms including Facebook, Linkedin, Twitter and various chat rooms, that are identified as web pages associated with Milestones Physio and/or Baby Physio (Social Media Pages). A link to each Social Media Page that we currently support can be located on our website at: www.baby.physio (Website).
(a) does not endorse any comments, advice, statements, images or other material (Material) in any form posted on or uploaded by us, you or another party to our Social Media Pages;
(b) does not represent or warrant the accuracy or reliability of any Material posted to our Social Media Pages; and
(c) does not accept liability for any Material posted to our Social Media Pages.
You must not post any Material to our Social Media Pages that would or might reasonably be considered by us to be:
(a) defamatory, abusive, malicious, intimidating or bullying;
(b) misleading or deceptive;
(c) a breach or infringement of any person’s intellectual property rights including trade marks, service marks, business names, confidential information and copyright; or
(d) a breach of any legislation or regulations of the Commonwealth of Australia and the State of Victoria including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law and Fair Trading Act 2012 (Vic) and any other parliament competent to legislate in relation to social media sites or any law in any country where the Material and/or information is or will be available electronically to users of our Social Media Pages.
By posting Material to our Social Web Pages you represent and warrant to us that you are authorized to provide the Material.
We reserve the right to take down and remove any material posted to our Social Media Pages in our absolute discretion and without explanation or notice to you. This may include any material posted by you or other person that we believe constitutes advertising, promotional or commercial material.
Links to other websites
baby.physio may from time to time provide links to sites on the WWW owned and operated by third parties and which are not under our control.
Where we provide a link on our Social Media Pages to other sites on the WWW, we:
(a) do so as a convenience to you and the existence of a link to other sites does not imply any endorsement by Milestones Physio of the linked site; and
(b) do not accept any responsibility for the content or material contained on those linked sites or any link contained in a linked website – you visit linked websites at your own risk.
Upon uploading any Material to a Social Media Page, you immediately grant Milestones Physio a worldwide non-exclusive, royalty free, assignable and sub-licensable licence to:
(a) use, reproduce, publish, distribute, display and adapt all or any part of the Material;
(b) endorse, advertise or promote the Material using any media including on our Social Media Pages, our Website or otherwise,
The IP Licence does not terminate on the removal of the Material from our Social Media Pages or by effluxion of time.
To the extent permitted by law, you agree to indemnify Milestones Physio and its officers, employees and agents (Those Indemnified) from and against any loss (including legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
(a) the use of our Social Media Pages by you;
(b) any breach of these Social Media Terms by you.
baby.physio gives no warranty, guarantee or representation and makes no claim that the information or Material on our Social Media Pages is accurate, suitable for any specific purpose, reliable, useful or appropriate or may be accessed, downloaded or re-published in any country or jurisdiction. Access to or the use or downloading of information on our Social Media Pages may not be lawful or permitted by some persons in some countries or jurisdictions.
You access, use or download our Social Media Pages at your own risk.