Online Good's Services
Terms and Conditions
Last Updated: Jan 11, 2024
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General
Users must read and accept these terms of use before accessing or using any Online Good's Services provided by The Pole Physio ("we," "us," or "our"). We agree to provide the Telehealth services to you on the terms set out in this Agreement. This document represents the entire understanding between the Parties, and - except for those terms implied by law and which cannot be excluded and any other terms specifically incorporated by reference - no other terms apply.
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Consent
You signify your consent to this Agreement by booking any Telehealth services from The Pole Physio. We do alter this Agreement from time to time, and you must review this document before each booking.
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Eligibility of Telehealth Services
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 -
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be bound by this Agreement;
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provide proper supervision in relation to the provision of information to us; and
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provide proper supervision in relation to your use of our Telehealth services
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By using the services you confirm that you meet this eligibility requirement.
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Telehealth Services
The Pole Physio leverages modern technology to deliver expert healthcare consultations remotely. Through secure online platforms, users can access professional healthcare from the comfort of their own homes. Telehealth appointments aim to provide personalised and effective treatment options for various healthcare conditions and concerns.
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Scope of Telehealth Services
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Virtual Consultations: Users have the opportunity to schedule one-on-one virtual consultations with experienced healthcare professionals. During these appointments, users can discuss their health concerns, receive assessments, and collaborate on personalised treatment plans.
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Exercise Programs: Healthcare professionals may prescribe tailored exercise programs to address specific conditions or aid in rehabilitation. Users can access these programs through our online app, where they will find detailed instructions, video demonstrations, and progress tracking features. Exercise programs will be updated within two business days post scheduled consultation.
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Education and Advice: Our Telehealth services extend beyond direct consultations. Users will have access to educational resources, articles, and advice to empower them in managing their health proactively.
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Limitations of Telehealth Services
While Telehealth services offer convenient access to healthcare, it's important to acknowledge certain limitations:
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Hands-On Techniques: Telehealth consultations do not permit hands-on assessments or interventions that may be possible in an in-person setting. Clinicians will rely on verbal descriptions, visual observations, and user feedback for assessments.
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Emergency Situations: Telehealth services are not suitable for emergencies or urgent medical situations. In case of a medical emergency, users are advised to seek immediate in-person medical assistance.
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Technological Requirements: Users are responsible for ensuring they have access to the necessary technology, including a stable internet connection and compatible devices, to participate in Telehealth appointments.
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Legal and Regulatory Compliance: The scope of Telehealth services are subject to legal and regulatory restrictions in the jurisdiction of The Pole Physio (Victoria, Australia). Users are responsible for complying with any applicable laws related to Telehealth consultations.
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Treatment Outcomes: We are unable to guarantee treatment will result in a cure of your particular complaint or condition. Our Clinicians solely recommend treatments based upon extensive experience, training and current evidence that are believed to be effective, but we cannot guarantee results.
By engaging in our Telehealth services, users acknowledge and accept the nature, scope, and limitations outlined above. The Pole Physio is committed to providing accessible and effective healthcare through Telehealth, with a focus on user safety, convenience, and positive health outcomes.​
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User Responsibilities of Telehealth Services
We prioritise your well being and aim to provide a positive, effective and safe experience when you engage our Telehealth services. You acknowledge that in delivering our Telehealth services, we are completely reliant upon the information and co-operation that you provide us.
We outline the following responsibilities for users engaging in our services:
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Providing Accurate Health Information: This includes details about medical history, existing conditions, medications, and any relevant health concerns. This also includes updating the Clinician if new information arises.
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Following Clinician's Instructions: Users are expected to follow the instructions provided by the Clinician diligently. This includes adhering to prescribed exercise routines, recommended lifestyle modifications, and any other guidance aimed at enhancing your health.
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Active Participation in Treatment Plans: Engage actively in your treatment plan. Commit to recommended exercises, lifestyle changes, and any additional self-care measures advised by the Clinician. Consistent effort enhances the likelihood of positive outcomes.
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Open Communication: Maintain open and honest communication with your treating Clinician. Report any changes in your health status, new symptoms, or concerns promptly. This ensures that the treatment plan can be adjusted as needed to meet your evolving needs.
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Reporting Discomfort or Issues: During or after prescribed exercises, users must promptly report any discomfort, pain, or unexpected reactions. This information is crucial for the Clinician to make timely adjustments to your treatment plan and address any emerging issues.
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Technology Readiness: For users engaging in Telehealth services, ensure that you have access to the necessary technology, a stable internet connection, and compatible browser for virtual consultations. Familiarise yourself with the Telehealth platform to optimise your experience.
By adhering to these user responsibilities, you contribute to a collaborative and positive healthcare experience. Your commitment to actively participating in your care enhances the effectiveness of the provided healthcare services.​​
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Additionally we require:
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Full understanding: 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.
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Cessation on worsening symptoms: You must immediately cease our treatment program and/or cease acting upon any advice give by us if you experience any worsening pain or discomfort. In these circumstances, you must contact us as soon as possible to determine the next course of action.
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Third persons: You are strictly prohibited from sharing our treatment program or any advice provided with any third party. We assume no duty of care regarding any third persons, emphasising the personalised nature of our services exclusively for the individual user under our care. Your compliance with this restriction ensures the confidentiality and tailored approach of our services.
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Scheduling of our Telehealth Services
​​Users can easily schedule virtual consultations through our online appointment system by selecting their time zone in the appointment booking diary and by selecting a convenient time slot from the available options. Confirmation details will be sent via email once the consultation is booked.​​ Users are encouraged to familiarise themselves with the Telehealth platform and its features before the scheduled consultation. They should conduct a brief test of their camera, microphone, and speakers to ensure clear communication. Choosing a quiet, well-lit space for privacy during the virtual session is also advised.​ To make the most of the virtual consultation, users are required to log in to the Telehealth platform at least 5 minutes before the scheduled appointment. During the session, providing accurate and updated health information, actively participating in discussions, and following the physiotherapist's instructions are crucial. Any technical issues should be reported promptly to ensure a smooth consultation.​​ Following the virtual consultation, users should adhere to any post-consultation instructions provided by the Clinician. Accessing prescribed exercise programs or additional resources through the designated app and providing feedback or addressing any follow-up questions through specified communication channels is encouraged.​
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Suitability of our Telehealth Services
In the circumstance that our Clinician(s) deems our Telehealth services are not suitable for you, we will suggest an alternative course of healthcare action.​
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Privacy and Confidentiality of our Telehealth Services
We place a significant emphasis on the privacy and confidentiality of your health information within our Terms & Conditions. Your personal data is treated with the utmost care and is subject to stringent measures to ensure its security. Our commitment to protecting your privacy involves the use of advanced encryption technologies, secure data storage practices, and access controls. These measures are implemented to safeguard the confidentiality and integrity of your health information. Our adherence to all relevant data protection regulations underscores our dedication to creating a trustworthy environment. You can have confidence that your health information is handled with the highest standards of care and confidentiality throughout your engagement with our services, aligning with the principles outlined in our Terms & Conditions.
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The Privacy Policy located here forms part of this Agreement.
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Informed Consent for Telehealth Services
By engaging in our Telehealth services, users are required to provide informed consent, acknowledging their understanding of the potential risks and benefits associated with the treatment. This informed consent signifies your agreement to participate in the recommended Telehealth services after being fully informed about the nature, scope, and potential outcomes of the treatment. We prioritise transparency in your healthcare journey and encourage users to seek clarification on any aspect of the proposed treatment plan. Your informed consent underscores your active participation in the decision-making process and your acknowledgment of the inherent considerations associated with Telehealth services.
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User Feedback
We value your feedback as an integral part of our commitment to continuous improvement. We encourage users to share their experiences with our Telehealth services openly. Your feedback is crucial in helping us understand your needs better and enhancing the quality of our services. By providing insights into your experiences, you contribute to the refinement of our offerings. Rest assured that all feedback will be treated with the utmost confidentiality and utilised solely for the purpose of improving our service quality. We appreciate your active participation in this process, as it enables us to better meet your expectations and deliver the highest standard of care.
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Payment and Billing
We accept payments through online bank transfers, credit cards, debit cards and Paypal. Please ensure that your selected payment method is valid and has sufficient funds to cover the agreed-upon charges.​ The pricing structure for Telehealth services is detailed in our fee schedule, accessible on our Clinician's booking page. Prices are subject to change, and any modifications will be communicated in advance.​ Users will be billed for Telehealth services based on the selected consultation or service type. All charges are inclusive of applicable taxes unless otherwise specified. Users are responsible for any additional taxes that may apply based on their location and local regulations. Late payments may incur additional charges. Users are encouraged to settle outstanding balances promptly to maintain uninterrupted access to Telehealth services.
We use secure third-party payment gateways such as Stripe for most financial transactions. We cannot access your credit card or other financial details. You agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees. Users are required to report any disputed charges within a reasonable timeframe for investigation. Disputed charges will be addressed in accordance with our dispute resolution process.
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Telehealth Refunds and Cancellations
Payments made during the booking of Telehealth services are non-refundable and non-transferable. In cases of cancellations made with more than 24 hours' notice, the individual will have the option to reschedule for an alternative day or time. Alternatively, upon request, a credit will be applied to the individual's file, which The Pole Physio will honour as long as the business remains operational.
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Appointment reminders are sent a day prior to treatments. Late cancellation of appointments is a major inconvenience to our practitioners and to other clients who are on our waiting list. If you need to cancel or postpone your appointment, we require a minimum of 24 hours notice. If you cancel with less than 24 hours notice, you will be charged 50% of the appointment fee. If you fail to attend the appointment without notice, you will be charged 100% of the fee.
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By engaging in our Telehealth services, users agree to comply with these payment and billing terms and conditions. Any updates or modifications to these terms will be communicated in advance, and continued use of our services implies acceptance of the revised terms. For specific inquiries or clarifications, please contact our team at info@thepolephysio.com
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E-Course and Training Program Refunds
Please carefully review your order before confirming your purchase. All sales are considered final. We do not offer refunds or exchanges for any products or services sold through The Pole Physio.
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Insurance Reimbursement
For reimbursement through health insurance, we recommend checking with your private insurance provider regarding your Telehealth coverage. ​Users are responsible for understanding their insurance policies and seeking reimbursement if applicable. Private Health Insurance rebates are claimable after the date of your consultation. You will be issued with an electronic receipt after your appointment which can be submitted electronically to your private health insurer. It can not be issued prior to this date. ACC/Medicare rebated claims, TAC claims, Workcover claims and DVA claims or equivalent are NOT accepted by The Pole Physio.
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Termination of Services
We retain the right to terminate services in specific situations to maintain the standards of our Telehealth business. Services may be terminated if users fail to comply with their responsibilities, such as providing inaccurate health information, disregarding prescribed instructions, engaging in inappropriate behaviour during virtual consultations, or failing to fulfil payment obligations. In cases of non-payment, we may, at our discretion, suspend or terminate services until outstanding payments are settled. Termination decisions will be made judiciously, with the overarching goal of preserving a safe, respectful, and effective Telehealth environment for all users. Any termination due to non-compliance or failure to pay will be communicated clearly, and users will be provided with an opportunity to address and rectify the issues before service termination takes effect.
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Liability
To the maximum extent permitted by law, including the Australian Consumer Law, our liability for any issues related to our Telehealth services is limited. We shall not be held legally responsible for any direct, indirect, special, incidental, or consequential damages, including but not limited to loss of profits, data, or other intangible losses.
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By engaging in our Telehealth services, you acknowledge and agree that our liability is expressly limited, and we are not liable for any damages arising from errors or omissions in our documents or information, the use of our services, or any third-party content, links, comments, or advertisements. Your use of our services is at your own risk, and you agree that we shall not be held liable for any loss or damage, whether foreseeable or not, resulting from your use or reliance on our services.
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It is your responsibility to ensure that our Telehealth services meet your specific requirements, and you acknowledge that information and materials provided may contain inaccuracies or errors. We do not warrant that our services will be error-free or uninterrupted, and we reserve the right to restrict, suspend, or terminate access to our services at any time without notice. This limitation of liability is a fundamental part of our Terms and Conditions, and you accept these terms by continuing to use our Telehealth services.
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Governing Law
These Terms and Conditions, as well as any disputes arising from the use of our Telehealth services, shall be governed by and construed in accordance with the laws of Victoria, without regard to its conflict of law principles. You agree that any legal action or proceeding between you and us for any purpose concerning these Terms and Conditions for the use of our Telehealth services shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Victoria, Australia, and you hereby consent to the personal jurisdiction and venue of such courts. Any cause of action or claim you may have with respect to the services must be commenced within one (1) year after the claim or cause of action arises or be barred. In the event of any dispute, both parties agree to make a good faith effort to resolve the matter informally. If resolution cannot be reached informally, any legal proceedings shall be conducted in accordance with the laws and jurisdiction specified herein.
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Definitions
In this document and the documents incorporated by reference, the following terms have the following meanings unless the context clearly requires otherwise:
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"Agreement" means the terms and conditions of purchasing our Telehealth services as set out in this document and the documents incorporated by reference;
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"Business Days" means any day other than a Saturday or a Sunday or a day declared as a public holiday under the Public Holidays Act 1993 (Vic);
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"The Pole Physio" means us;
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"Clinician" means any treating healthcare practitioner of our team;
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"Telehealth services" means any health-related services provided by us in return for a fee including any assessment, diagnosis, advice or treatment program; and
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"Web site" means the web site located at the domain "https://www.thepolephysio.com" and on all sub-domains, folders and sub-folders on this domain.
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Interpretation
In this document, unless the context clearly requires otherwise:
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The terms "we", "us" and "our" are references to are provided via this web site, which is owned and operated by The Pole Physio Australia Pty Ltd, trading as The Pole Physio, our successors and assignees;
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Words defined in the singular have the corresponding meaning in the plural;
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Reference to a "person" includes a reference to a corporation, association or other entity;
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Reference to a "written request" means a request submitted to us by email, by post, by fax or using the "contact us" form on the web site;
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Reference to the "Parties" means both you and us; and
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All monetary amounts for Telehealth services are expressed in Australian dollars.
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Changes to Terms of Conditions
We reserve the right to update or modify our terms and conditions from time to time. Should we update, amend or make any changes to this document, those changes will be posted on this page and patients will be notified via email. It is your responsibility to ensure you are up to date with any of these changes.
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For any support, inquiries or concerns regarding the Telehealth services, please contact info@thepolephysio.com ​​