Terms & Conditions

1. T&Cs overview

a) Thank you for choosing Perryann Pty Ltd trading as CDS Physio and Wellness (“CDS”, “we”, “us” or“our”).  

b) We operate our business using various mediums including but not limited to social media platforms, a website collectively, the Site(s)) and offer our content, information, programs, products and/or services however described (collectively, the Services) to you subject to your acceptance of these terms and conditions (T&Cs).  

c) By visiting, accessing or suing our Sites, whether making an inquiry and/or purchasing or receiving some Service you agree to be bound by these T&Cs, including any additional terms and conditions and policies referenced herein and/or available by hyperlink.

d) These T&Cs apply to all users of our Sites or those who come to access, obtain or use our Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

e) Please read these T&Cs carefully before accessing or using our Sites and/or Services.  

f) If you do not agree to all the T&Cs then you may not access the Site or use any Services.  If these T&Cs are considered an “offer”, then acceptance is expressly limited to these T&Cs.  

g) We reserve the right to update, change or replace any part of these T&Cs by posting updates and/or changes to our Services and/or Sites and it is your responsibility to check periodically for changes.

h) Your continued use of or access to the Site and Services following the posting of any changes constitutes acceptance of those changes

2. Refunds & Cancellations

a) Any appointment cancellations must be made as soon as possible by contacting us on our website or via email [email protected]

b) Whilst CDS Physio will endeavour to remind you of your appointment by SMS and/or email, the appointment remains confirmed unless and until cancelled by you in accordance with these terms and conditions.

c) The full consultation or service fee is payable by you if an appointment is cancelled with less than 48 hours’ notice. CDS Physio reserves the right to invoice you for the full consultation or service fee in the event of a late cancellation or decline accepting future requests to provide services to you.

d) Should you receive from us a tangible product or good(s) (Goods) that you consider to be damaged or faulty, please contact us within 5 days of receipt and we will arrange, as appropriate and depending on availability, a Goods exchange, credit or refund.  

e) We may require that you return to us of the Goods with proof of purchase before actioning an exchange, credit or refund request.

f) We will be pleased to consider exchange, credit or refund for other reasons, but the decision whether to grant this will be at our discretion.

g) Any refund we agree to issue will be made using your original payment method or another method at our discretion.

h) No refunds will be provided in respect of cancelations for (or non-attendance at) our courses and workshops, however describes, or in relation to our e-books.

i) Where you cancel or cannot attend a retreat, mentoring service or private-coaching service and provide at least 7 business days’ written notice, you may at our discretion be eligible to up to 50% of the total amount paid as a refund.

j) Webinars, podcasts or other recordings are non-refundable once downloaded.

k) To claim a refund, exchange, credit or for further information please send an email to [email protected]

l) CDS may run live programs as advertised but reserves the right to change the programs (and any aspect of the Services) without notice and to cancel if there are insufficient registrations.

m) Block class passes are valid for 12 months. Class passes are non refundable.

3. Late & Missed Appointments

a) If you arrive late to an appointment, but within your appointed time slot, you may receive a shorter consultation to avoid delays to other patients.

b) The full consultation fee will be payable by you, irrespective of the length of consultation when caused by your late arrival.

c) If you arrive after, or miss an appointment, you may be charged the full consultation fee.

4. Consent to treatment

a) By accepting these terms and conditions, you:

• consent to our therapists performing all necessary examinations, manipulations, therapy, rehabilitation and medical diagnostic procedures in accordance with their professional training and understanding of your injury;
• understand that you have an opportunity to discuss with your therapist, the nature and purpose of your physiotherapy care before any treatment is rendered; and
• acknowledge and accept:
• the physical nature of physiotherapy and related treatments;
• you have the right to see the therapist of your choice, refuse intervention or seek a further opinion and to provide feedback and make a complaint;
• the adverse risks associated with treatment, including stiffness and soreness, soft tissue injury, neurological complications, cerebrovascular injuries, skin irritations, burns and other minor complications;
• the probability of risk is lowered by screening procedures;
• other treatment options exist if the risk of physiotherapy is considered to be high, including medication, medical care, hospitalisation and surgery;
• the risk of remaining untreated includes the formation of adhesions, scar tissue and other degenerative changes. these changes can further reduce skeletal mobility, and induce chronic pain cycles. it is quite probable that delay of treatment will complicate the condition and make future rehabilitation more difficult; and
• most clients receive our services without the need of a medical or other referral. however, in the event a referral from another practitioner has been given, it is highly recommended that such a referral is provided to the treating therapist to assist in the continuity of care and our delivery of the most appropriate treatment for the client/patient.

5. Consent to obtain and release information

a) By accepting these terms and conditions, you:

• acknowledge and accept that, in the course of your treatment, it may be necessary for CDS Physio to communicate the details of your medical condition and treatment with necessary third parties, including treating practitioners, rehabilitation consultants, cases managers, employers, and insurers; and
• permit CDS Physio to obtain and release information related to your medical condition and treatment with third parties, as necessary.
  For further information on our policies regarding personal information, please see our Privacy Policy which is located on our website.

6. Accounts & Billing

• Our fees for services offered are outlined in our schedule of fees, which is available upon request.
• All fees must be paid in full at the time of consultation.
• We accept cash, direct deposit, EFTPOS, credit cards and offer electronic health rebates (via HICAPS). Full payment is still required at the time of consultation in the event of electronic network failure.
• Health Insurance rebates (electronic or otherwise) can only be claimed after the service has been received.
• If you are unable to pay our fees, and circumstances of financial hardship require individual consideration, please put your request in writing to [email protected]

7. Online store terms

a) By agreeing to these T&Cs you represent that you are over the age of 18 years or that you have given us your consent to allow any of your minor dependents to use the Sites.  

b) You must not use our Services for any illegal or unauthorised purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws and copyright laws).  

c) A breach or violation of any of these T&Cs will result in an immediate termination of your Services.

8. General conditions

a) We reserve the right to refuse our Site and Services to anyone for any reason at any time.  

b) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Service except where you have lawfully obtained express written permission by us.  

c) We endeavour to ensure Service information and the Site remain up to date, however, we are not responsible if information available on our Site, or about the Services, is not accurate, complete or current. The material on our Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information or our one-on-one bespoke services.

d) Our Sites may contain certain historical information.  Historical information, necessarily, is not current and is provided for information and reference purposes only.

e) We reserve the right to modify the contents of our Site and Services at any time, but we have no obligation to update any information on our Site or in respect of our Services.

f) Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Site is inaccurate at any time without prior notice (including after you have placed your order).

g) We will update, amend or clarify information in the Service or on any related Site where we are required by law to do so.

9. Our pricing

a) Our prices are available upon request and may, from time to time, be available on our Sites.

b) Prices for our products and services are subject to change without notice.

c) We reserve the right at any time to modify or discontinue the Sites and/or Services (or any part or content thereof) without notice at any time.

d) We are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Sites or the Services.

10. Products and services

a) Certain Services (such as e-books, for example) may be available exclusively online through the Sites. Other Services, such as tangible products, or courses, may have limited quantities or dates, and are subject to our cancellation and refund terms, outlined below.

b) We reserve the right, but are not obligated, to limit the sales of Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services we offer.

c) All descriptions of Services and associated pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Service at any time.

d) We will always strive to operate to the highest quality and standards, however we do not warrant that the quality of any Service, or our Sites, will meet your expectations, or that any errors in the Service will be corrected.

11. Personal information

a) You understand and agree to our Privacy Policy, which can be located here: Privacy Policy.  

12. Prohibitions on use

a) We take great pride in what we do here at CDS.  As such, you understand and agree that you are prohibited from using the Services or Sites:

•  for any unlawful purpose;
•  to solicit others to perform or participate in any unlawful acts;
•  to violate any international, Commonwealth, state or territory regulations, rules or laws;
•  to infringe upon or violate our intellectual property rights, moral rights or the intellectual property rights or moral rights of others;
•  to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based of any prohibited ground including sex, gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
•  to submit false or misleading information;
•  to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sites, Services or of any related website, other websites, or the Internet;
•  to collect or track the personal information of others;
•  to spam, phish, pharm, pretext, spider, crawl, or scrape;
•  for any obscene or immoral purpose; or
•  to interfere with or circumvent the security features of the Service, the Sites or any related website, other websites, or the Internet.

b) We reserve the right to terminate your use of the Service, the Site or any related website for violating any of the prohibited uses.

13. Disclaimer & limitation of liability

a) We do not guarantee, represent or warrant that:

•  your use of our Sites or Services will be uninterrupted, timely, secure or error-free; and/or
•  the results that may be obtained from the use of the Sites or Services will be accurate or reliable.

b) You understand and agree that from time to time we may remove the Sites and Services for indefinite periods of time or cancel the same at any time, without notice to you.

c) You expressly agree that your use of, or inability to use, the Sites and Service is at your sole risk.

d) The Services are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

e) In no case shall CDS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services, Sites or any Goods or products procured using the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Sites and Services, even if advised of their possibility. As some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

f) CDS Physio and Wellness and its staff are not liable for, nor will they accept any responsibility for, any injury, loss or damage howsoever sustained by any person or persons arising out of any of the treatments or procedures delivered in the CDS Physio and Wellness practice or in any way whatsoever which does not arise from any negligent act or omission of the CD and/or its employees.

14. Indemnity

a) You agree to indemnify, defend and hold harmless CDS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these T&Cs or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

b) We do not guarantee, represent or warrant that your use of our Site or Services will be uninterrupted, timely, secure or error-free.

15. Severability

a) In the event that any provision of these T&Cs is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these T&Cs, such determination shall not affect the validity and enforceability of any other remaining provisions.

16. Termination

a) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

b) These T&Cs are effective unless and until terminated by either you or us. You may terminate these T&Cs at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

c) If in our sole judgment you fail, or we suspect that you have failed, to comply with any T&Cs, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Sites and Services (or any part thereof).

17. Entire agreement

a) The failure of us to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver of such right or provision.

b) These T&Cs and any policies or operating rules posted by us on the Sites, or in respect to the Services, constitutes the entire agreement and understanding between you and us and govern your use of the Sites and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the T&Cs).

c) Any ambiguities in the interpretation of these T&Cs shall not be construed against the drafting party.

18. Governing law

a) These T&Cs shall be governed and construed in accordance with the law of Western Australia.

19. Changes to T&Cs

a) You can review the most current version of the T&Cs at any time at this page.

b) We reserve the right, at our sole discretion, to update, change or replace any part of these T&Cs by posting updates and changes to our Sites.  It is your responsibility to check our Sites periodically for changes. Your continued use of or access to our Sites or the Services following the posting of any changes to these T&Cs or the Services constitutes acceptance of those changes.

20. Further information

a) Further information about these T&Cs can be obtained by contacting us via email at [email protected]