Terms & conditions

Terms and Conditions

These terms and conditions are current as of 30th April 2024.

These terms and conditions are important and we encourage you to read them in their entirety before using this Site. There are some specific terms that we want you to be particularly aware of:

  • Site content: Except as required by law, we do not warrant, and are not responsible or liable for, any liabilities in connection with errors in, or omissions from, the information contained in this Site.
  • Site availability: We may stop making the Site (or any part of it) available without prior notice). We are not responsible or liable for any liabilities in connection with access to the Site and/or use of any elements or information contained in the Site.
  • Cancellations by us: We may cancel or reject all or any part of an order that you have placed on the Site for certain reasons without liability to you (such as where a product is not available).
  • Our liability (General): Except as required by law, we will not be liable for:
    • any indirect or consequential loss in connection with the Site; or
    • any loss or damage of any kind incurred by you in connection with your access to and use of the Site and its contents.

1. The Terms

1.1 Acceptance of Terms

Clinical Kicks Pty Ltd is the provider and owner of all content and resources provided on the Clinical Kicks website located at www.clinicalkicks.com. This Terms of Use (the “Agreement”) governs access to and use of the Clinical Kicks website. Access to and use of the Clinical Kicks website is subject to your acceptance of this Agreement. You agree to abide by all terms and conditions of this Agreement by your accessing the Clinical Kicks Website and / or by your continued use of the Clinical Kicks Website.

Please read the following, carefully bearing in mind that this Agreement must be read in conjunction with Clinical Kicks Privacy Policy.

1.2 Right to Modify Terms

Clinical Kicks reserves the right to modify the terms of this Agreement at any time at its sole discretion and may post a notice of such changes. If and when the Agreement is modified, You will be subject to the terms of the modified Agreement, and by accessing the Clinical Kicks Website, you agree to the terms of modified Agreement, without further notice.

1.3 Term Definitions

  1. “Clinical Kicks website” means the Clinical Kicks website accessible through the URL www.clinicalkicks.com.
  2. “Parties” means Clinical Kicks and You, collectively.
  3. “Party” means either Clinical Kicks or You.
  4. “You,” “Your,” and / or “User” means any individuals and / or entities visiting and / or otherwise accessing the Clinical Kicks website for any reason; said terms may be used interchangeably.
  5. “Content” means all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials posted and/or otherwise displayed on, to, or at the Clinical Kicks website.
  6. “Personal Information” means, without limitation, any information that identifies or describes an individual, including his or her name, professional licensing information, physical description, age, gender, home address, home telephone number, or education. Personal Information also includes statements made by, or attributed to, a User.
  7. “Licensor” or “Licensors” means the individuals who have licensed their online lecture content to Clinical Kicks.

2. Website

2.1 Content Ownership

Clinical Kicks Pty Ltd is the owner of all Clinical Kicks content posted on or otherwise accessible at or via the Clinical Kicks website including logos, all designs, text, graphics, pictures, and information. Any copying, reproduction, retransmission, or republication of all, or part, of any Content found on the Clinical Kicks Website is expressly prohibited unless Clinical Kicks has expressly granted its prior written consent to so reproduce, retransmit, or republish the Content.

Clinical Kicks may publish or transmit via the Clinical Kicks website any Content that is owned by third parties. Clinical Kicks Licensors are the owners of their respective Intellectual Property found on the Clinical Kicks Website. Any reproduction, retransmission, or republication of all or part of any document found on the Clinical KicksWebsite is expressly prohibited, unless the owner of the Content has expressly granted its prior written consent to reproduce, retransmit, or republish the material.

2.2 Trademarks

You agree to grant to Clinical Kicks a nonexclusive, nontransferable, revocable right to use and distribute Your logos and such additional or replacement buttons, logos, characters, or designs (the “Trademarks”) as Clinical Kicks may request. You further agree to provide the Trademarks in a format required by Clinical Kicks for any online or print promotions. Clinical Kicks agrees to use the Trademarks solely in conjunction with the permitted forms of use under this Agreement. Use of the Trademarks does not give Clinical Kicks any right, title, or interest in the Trademarks, other than the license rights granted herein. Clinical Kicks may not assign, transfer, or sublicense any Trademark right granted herein without Your prior written consent.

2.3 Copyright Complaints

If You believe that any Content on the Clinical Kicks Website infringes upon any copyright which You own or control, You or Your designee, acting as a “Complaining Party,” may send a notification of such claimed infringement to Clinical Kicks to contact info@clinicalkicks.com. Please include a description of the work that is allegedly being infringed, and where on the Clinical Kicks website the work may be found.

2.4 Termination

Clinical Kicks Pty Ltd reserves the right to terminate, block, or restrict Your access to or use of the Clinical Kicks website for any breach or violation of any term(s) of this Agreement, solely at the discretion of Clinical Kicks.

2.5 Equipment

You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the Clinical Kicks Website.

2.6 Internet Speed

We recommend Cable, Broadband Internet, or a company LAN on a T1 or higher to take full advantage of the high-quality video and multimedia that the Clinical Kicks website offers.

2.7 Browser Requirements

  • The current version of Chrome
  • The current version of Internet Explorer
  • The current version of Firefox
  • The current version of Safari

2.8 Screen Resolution

On desktop devices, the Clinical Kicks website is best viewed at 1920 x 1080 resolution.

3. User Accounts

In consideration of yyour use of the Clinical Kicks Website, You acknowledge that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the UK, Australia, the United States or other applicable jurisdictions. You agree to provide accurate, current, and complete information concerning You when providing information to, signing up with, registering for use of, or otherwise providing information to the Clinical Kicks Website and maintain and promptly update the Registration Data to keep it true, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if Clinical Kicks has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Clinical Kicksl has the right to suspend or terminate Your access to the Clinical Kicks Website and to refuse any and all current or future use of the Clinical Kicks Website, or any portion thereof.

3.1 User Responsibility

The Clinical Kicks Website includes the option of allowing a User to create a “User Profile.” Users are wholly responsible for User Content posted, displayed, transmitted, or otherwise made available on or via User Profiles.

3.2 Accounts and Passwords

You must have your own email and password to access the Clinical Kicks Website. You are not permitted to provide others access to Clinical Kicks materials using Your email and Password. In the event that Clinical Kicks discovers Password sharing, we reserve the right to terminate your access to the Clinical Kicks Website. You are responsible for all use of Your password(s).

3.3 Linking to Clinical Kicks

3.3.1. Clinical Kicks invites Users to link to our site. Linking to Clinical Kicks must not improperly connote an affiliation with or an endorsement by Clinical Kicks, or otherwise interfere with the operation of the Clinical Kicks  Website. Ideally, any links should open in a new browser window.

3.3.2. You must not place Clinical Kicks Website pages in a “frame” within Your own website without explicit prior written permission.

3.3.3. Although the Clinical Kicks Website may include links providing direct access to other Internet sites, Clinical Kicks assumes no responsibility for the Content or information contained on such other sites, and does not exert any editorial or other control over those other sites. Clinical Kicks provides no warranties and explicitly disclaims any liability for any Content or other information provided on other sites.

4. Disclaimer

Except as expressly set forth herein, the content of the Clinical Kicks website (including all Clinical Kicks intellectual property, text, materials, software, functions, services, and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including without limitation warranties of suitability for a particular purpose. Clinical Kicks does not warrant or guarantee uninterrupted access to the Clinical Kicks website, or any site linked to the Clinical Kicks website, and reserves the right to discontinue courses or to change the expiration date at any time.

Under no circumstances will Clinical Kicks be liable in any way for any content, including without limitation any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Clinical Kicks website, and Clinical Kicks makes no guarantees that the content will be accurate, current, or error-free.

You assume full responsibility and risk of loss resulting from use of the Clinical Kicks website and any information on the Clinical Kicks website. Clinical Kicks makes no guarantees about the suitability of any information and its services for any purpose whatsoever. Clinical Kicks may provide programs with exercises related to your condition that you can perform at home. As there is a risk of injury with any activity, use caution when performing such exercises. If you experience pain or discomfort, immediately discontinue the exercises and contact your clinician or physician. By voluntarily undertaking any exercise in a program provided by Clinical Kicks, you agree that you assume the risk of any resulting injury. Clinical Kicks will not be liable for any direct, indirect, consequential, special, exemplary, or other damages or losses that may result.

The information and content provided in this course are for informational purposes only. Clinical Kicks makes no warranties regarding and bears no liability for, your use of the information and content. Clinical Kicks assumes no responsibility for any loss or injury and/or damage to persons or property arising out of the use of the material contained in or related to content. it is the responsibility of the treating practitioner, relying on independent expertise and knowledge of the patient, to determine the best treatment and method of application for the patient.

Clinical Kicks provides accreditation requirements and state-approval information regarding its courses on a state-by-state basis. these requirements change regularly, and as such, Clinical Kicks shall not be held liable for any damages arising, directly or indirectly, from the use of such information, including damages arising from inaccuracies, omissions, or errors. no warranty shall exist on the validity of the course certificates provided to users upon completion of a course. Clinical Kicks disclaims all liability resulting from a state’s denial of a course’s accreditation.

5. Limitation of Liability

In no event shall Clinical Kicks, its members, officers, affiliates, agents, licensors, employees, or other provider(s) (collectively, “representatives”) be liable to you or to any third party for any direct, indirect, incidental, special, or consequential damages whatsoever, including without limitation lost revenue, lost or damaged data, or other commercial or economic loss, whether based in contract, tort (including negligence), or any other theory of liability. The foregoing limitation shall apply even if Clinical Kicks or its representatives have been advised or should have known of the possibility of such damage. Clinical Kicks total liability in any event is limited to the amount, if any, actually paid for use of the Clinical Kicks website, and you hereby release Clinical Kicks and its representatives from any and all obligations, liabilities, and claims in excess of this limitation.

6. Billing

Placing an order
6.1 You can order products through the Site in accordance with these terms and conditions.
6.2 Any order placed through this Site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
6.3 We may ask you to provide additional details or require you to confirm your details (including your name, shipping address and billing address) to enable us to process any orders placed through the Site. You agree to provide us with current, complete and accurate information.

7. Acceptance or rejection of an order

7.1 If your order is accepted, you will receive an email confirmation from us.
7.2 We reserve the right to accept or reject whole or part your order for any reason (including if we determine your order is for a commercial purpose), acting reasonably. If we reject an order placed through the Site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
7.3 We may, from time to time, restrict the quantity of products ordered through the Site by a person, household or address during a particular time.
7.4 Each accepted order creates a separate binding agreement between you and us for the supply of the products in that order.

8. Cancellation of an order

8.1 Prior to the dispatch of an accepted order, we may cancel all or any part of that order without any liability to you, if:
(a) the requested products are not available; or
(b) there is an error in the price or the description posted on the Site in relation to a product; or
(c) the order has been placed in breach of these terms and conditions.
8.2 We will endeavour to provide you with reasonable notice of any cancellation by us. We will not charge you for the cancelled order.
8.3 Prior to the [dispatch] of an accepted order, you may cancel all or any part of that order by calling us on 1300 654 502. We may ask you to provide certain information (such as your name, phone number and email address) in order to verify your identity prior to cancelling the order. You must provide us with notice of cancellation (including the reason for the cancellation).
8.4 You cannot cancel all or any part of an order once it has been [dispatched] by us.

9. Delivery

9.1 We currently deliver orders to Australian, New Zealand, Singapore and Malaysian addresses only.
9.2 Certain products (such as age-restricted products or products which are categorised as “dangerous goods”) are not available for delivery and can only be collected in a store. This information will be displayed on the relevant product page on the website. We reserve the right in our absolute discretion to notify you of any product which is not available for delivery.
9.3 Delivery time is subject to stock availability and product size. You can track the status of your order at any time by using the following webpage: Track My Order.

10. Returns
Our Returns Policy applies to all orders placed via the Site and is incorporated into these terms and conditions by reference.

11. Prices, Fees and Charges
11.1 Our Site displays current pricing for products, delivery fees and other charges. You should be aware that the price for a product on the Site may be different from any in-store price for the same product.
11.2 The delivery fee will be displayed at the time you provide the delivery address for the relevant order and may vary depending on the location of delivery and the delivery method that you select.
11.3 All prices shown on this Site are in Australian Dollars (AUD).
11.4 When you order a product via the Site, you agree to pay us the following fees and charges if we accept your order:
(a) the purchase price of the product;
(b) the delivery fee for the product; and
(c) if applicable, any other fees and charges set out in these terms and conditions.
11.5 We will notify you if any additional delivery fees and freight charges are applicable before you finalise your order. You may incur additional delivery fees or freight charges (in excess of the fees and charges specified above) for:
a) special, non-stock or bespoke items;
(b) heavy, bulky or awkward items;
(c) express or urgent deliveries; or
(d) bulk or large quantity orders.
11.6 Unless otherwise indicated, prices for products and all fees and charges displayed on the Site are inclusive of GST.

12. Marketing communications

12.1 When you order a product via the Site, you agree to us:
(a) communicating with you, via various channels and media (including email, SMS, phone, app notifications and by advertising on certain websites and social media);
(b) sending you product review emails. You acknowledge and agree you can opt out of receiving product review emails by clicking the unsubscribe link in the footer of those emails; and
(c) sending certain transactional messages to you related to your order (including tracking emails and other important information relating to the products and services you ordered (like health and safety recall notices)). You agree that transactional messages will not contain an unsubscribe link. If you do not wish to receive such transactional messages, you may email us at Contact Us and request to not receive transactional messages.
You agree that if you unsubscribe from one type of communication (ie product review emails) you will continue to receive other types of communications. For example, if you unsubscribe from product review emails you will continue to receive transactional messages, unless you have separately requested to not receive them.

13. Your Obligations

You acknowledge and agree that:
13.1 all information and data provided by you through, or in connection with your use of, the Site is true, accurate, complete and up to date;
13.2 you will comply with all relevant laws and any reasonable instructions we give you relating to your use of the Site and your placement of any order to us;
13.3 you will promptly notify us if you suspect or become aware that there is or has been an unauthorised use of your account, or any other security breach relating to your account, and you will take immediate steps to re-secure your account (including by changing your password);
13.4 you will check the labels on products before consumption or use;
13.5 you will not:
(a) use the Site for any activities that breach any laws, infringe our intellectual property or a third party’s rights, or are contrary to any relevant standards or codes;
(b) use the Site in a manner or way which interferes with other users of the Site or our other customers, or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
(c) make fraudulent or speculative enquiries, purchases or requests through the Site;
(d) create accounts by automated means, use another person’s details without their permission, or impersonate another person when using the Site;
(e) do anything that interferes with or adversely affects the normal operation of the Site (including the ability of others to access and use the Site);
(f) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(g) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site; or
(h) use the Site other than in accordance with these terms and conditions.

14. Indemnification

You agree to indemnify and hold Clinical Kicks and its Representatives harmless from any and all losses (including without limitation attorneys’ fees) resulting from any claims that may be asserted against You, You assert or may assert, based on or relating to Your use, or the use of any individual using Your password, of the Clinical Kicks Website. You further agree to indemnify and hold Clinical Kicks and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation attorneys’ fees, that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.

15. Disputes

This Agreement shall be governed by the laws of the State of South Australia. In the event that litigation results from or arises out of this Agreement or the performance thereof, both Parties agree to settle with a single arbitrator qualified by the Australian Arbitration Association. The Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.

16. Miscellaneous

16.1 Assignability

This agreement is personal to You, and You may not assign this Agreement or the rights and obligations thereunder to any third party or person.

16.2 Agreement Binding on Successors

The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their permitted heirs, administrators, successors, and assigns.

16.3 Waiver

No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.

16.4 Severability

If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.

16.5 Survivability

The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.