Last Updated: Feb 22, 2026

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1. Acceptance of Terms

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Welcome to The Pole Physio, owned and operated by Simone Muscat Physio (ABN: 92 984 015 854), trading as The Pole Physio (“we,” “us,” “our”).

 

By accessing or using https://thepolephysio.com (“Website”), you agree to be bound by these Website Terms of Use (“Terms”). If you do not agree with these Terms, you must discontinue use of the Website immediately.

 

These Terms operate in conjunction with our related policies and agreements listed on our website.

 

2. Website Content and Information

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All content on this Website, including text, graphics, videos, downloads, resources, blog articles, and digital materials (“Content”), is provided for informational and educational purposes only.

 

The Content:

• Does not constitute medical, physiotherapy, dietetic, psychological, or other professional advice, diagnosis, or treatment. 

• Is general in nature.

• Does not consider your individual health status, medical history, or personal circumstances.

 

You should always consult a doctor before starting a fitness program or changing your diet. Not all exercises, nutrition programs or activities are suitable for everyone. The information presented in this website is in no way intended as a substitute for medical, nutritional or psychological counselling.

 

Use of the Website does not establish a clinician–patient relationship unless you formally engage our services under a separate agreement.

 

3. Medical and Health Disclaimer

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While we make reasonable efforts to ensure Content is accurate and up to date, we do not guarantee completeness, accuracy, or suitability. All information and instruction on the Website is provided in good faith and we believe to be accurate, in line with industry best practices and up to date as at time of publication. We may update this information at any time. 
 

You acknowledge and agree that:

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• Your participation in these activities and Programs may involve a risk of injury and you take full responsibility and risk for making any decision or taking any action based on the Content on our website or contained in our Programs.

• You are responsible for consulting a qualified healthcare professional before acting on any information provided on this Website.

• Results vary from individual to individual. For this reason, performance, progress and success is reliant on the individual to meet their own requirements. We cannot and do not guarantee any particular results and you are responsible for your own progress. We do not guarantee specific outcomes.

 

To the maximum extent permitted by law, you hereby agree to irrevocably release and waive any claims you may have now or in the future against us arising from reliance on Website Content. We take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any information, goods or services contained on or accessed through this website and all such liabilities are expressly disclaimed.

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4. User Responsibilities

 

You agree not to engage in any activities that may disrupt the proper functioning of the website or compromise the security of our users.

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5. Intellectual Property and Restrictions of Use

 

​Unless otherwise stated, The Pole Physio and/or its licensors Unless otherwise stated, own all intellectual property on this Website and it is protected under Australian and international intellectual property laws.

 

This includes:

• Text

• Graphics

• Logos

• Images

• Videos

• Layout and design

• Downloadable resources

• Trademarks

 

You may access Website Content for personal, non-commercial use only. You must not, without our prior written consent:

 

• Republish Website material

• Sell, rent, or sub-license Website material

• Reproduce or copy Website material for commercial purposes

• Redistribute Website content

• Store or transmit materials electronically for third-party use

 

We reserve the right to take legal action in the event of intellectual property infringement.

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6. User Contributions and Comments

 

Where the Website permits user submissions (including comments or reviews), you:

 

• Grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, modify, publish, and distribute your content.

• Warrant that your content does not infringe third-party rights.

• Warrant that your content is not defamatory, unlawful, or misleading.

 

We reserve the right to monitor and remove content at our discretion that is considered inappropriate, offensive or causes breach of these Terms and Conditions.

 

Comments do not reflect the views and opinions of The Pole Physio, its agents and/or affiliates. To the extent permitted by applicable laws, The Pole Physio shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

 

You warrant and represent that:

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• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

• The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

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You hereby grant The Pole Physio a non-exclusive license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

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7. Hyperlinking and Third Party Links

 

The Website may contain links to third-party websites for convenience. These links do not imply endorsement, sponsorship, or approval. We are not responsible for the content, security, or privacy practices of third-party websites.

 

Approved organisations may link to our Website provided the link:

 

• Is not deceptive,

• Does not imply false endorsement,

• Is contextually appropriate.

 

We reserve the right to request removal of any hyperlink to our Website.

 

 8. Cookies

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We use cookies and similar tracking technologies in accordance with our Cookies and Privacy Policy. By using this Website, you consent to our use of cookies as outlined in that policy.

 

9. iFrames

 

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

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10. Limitation of Liability

 

To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, you acknowledge and agree that The Pole Physio is not liable for any loss, damage, cost, or expense (including indirect, incidental, special, or consequential loss) arising from:

 

• Your use of, or inability to use, this Website;

• Errors or omissions in any Content;

• Reliance on information made available through this Website;

• Any goods or services supplied through the Website;

• Third-party content, links, comments, advertisements, or external websites;

• Technical interruptions, delays, viruses, or harmful components.

 

Your use of, and reliance on, any information or materials on this Website is entirely at your own risk.

 

It is your responsibility to ensure that any products, services, or information available through this Website meet your individual requirements and circumstances.

 

Where liability cannot be excluded under applicable law, our liability is limited (at our discretion) to:

 

• The re-supply of services;

• The repair or replacement of goods; or

• The payment of the cost of re-supply, repair, or replacement.

 

Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law that cannot be lawfully excluded.​​

 

11. Disclaimers & Warranties

 

To the maximum extent permitted by law, we make no warranties or representations about this Website or its Content, including but not limited to representations that:

 

• The Website or Content is complete, accurate, reliable, or up to date;

• Access to the Website will be uninterrupted, secure, or error-free;

• The Website or its servers are free from viruses or other harmful components;

• Any defects will be corrected;

• The Website will meet your particular requirements.

 

The information on this Website is general in nature and is not comprehensive. It is intended as a summary only and should not be relied upon as professional advice.

 

We reserve the right to modify, suspend, restrict, or terminate access to the Website, or any Content or feature of the Website, at any time without notice. We are not liable for any resulting loss, cost, damage, or liability.

 

12. Statutory Protections

 

Nothing in this section:

 

• Limits or excludes liability for death or personal injury caused by negligence where such liability cannot be excluded by law;

• Limits or excludes liability for fraud or fraudulent misrepresentation;

• Limits any liability in a manner not permitted under applicable law; or

• Excludes any rights or guarantees that cannot be excluded under the Australian Consumer Law.

 

All exclusions and limitations of liability apply to the fullest extent permitted by law and apply to all causes of action, whether arising in contract, tort (including negligence), equity, statute, or otherwise.

 

13. Competition and Consumer Act

 

To the extent permitted by law, including the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), our liability for any breach of a consumer guarantee is limited, at our discretion, to:

 

• The supply of the goods or services again; or

• The payment of the cost of having the goods or services supplied again.

 

You must be over 18 years of age to purchase any goods or services through this Website.

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14. Services and Products

 

Use of Telehealth consultations, workshops, programs, or digital products is governed by separate Terms and Conditions and our Payment, Cancellation and Refund policies. Participation in any physical activity accessed via this Website is voluntary and at your own risk.​

 

15. Exclusion of Competitors

 

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of The Pole Physio. The Pole Physio expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then The Pole Physio will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and/or improper use. The Pole Physio reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

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16. Privacy 

 

We are committed to protecting your privacy in accordance with the Australian Privacy Principles and, where applicable, the General Data Protection Regulation (GDPR).

 

Please refer to our Privacy Policy for detailed information on how we collect, use, and protect your personal information.

 

17. Promotions and competitions

 

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

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18. Jurisdiction 

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This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and The Pole Physio that results in litigation, then you must submit to the jurisdiction of the courts of Victoria. 

 

19. Changes to Terms of Use

 

We reserve the right to update or modify our terms of use from time to time. Should we update, amend or make any changes to this document, those changes will be posted on this page.

 

20. Contact

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For questions regarding these Website Terms of Use, please contact: info@thepolephysio.com