Terms & Conditions

Welcome to B Kinesiology. By the engagement of our services you are agreeing to comply with and be bound by the following terms and conditions of use, which govern B Kinesiology’s relationship with you in relation to your use of this website and our services.By the use of this website and engagement of our services, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to B Kinesiology, “You” and “Your” refers to you, the client or visitor, and “service” and “services” refers to the services provided at B Kinesiology.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our services then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.

INDEMNITY

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of services provided, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you alleging or resulting from your use of our services or your violation of the terms or conditions of this agreement.

LIMITATION OF LIABILITY

We take no responsibility for the accuracy of any of the content or statements made in relation to our services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of our services.

LINKS TO OTHER WEBSITES

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites. You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.Our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information advised or in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.It is your sole responsibility and not the responsibility of us to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using any products or services that may be offered through us or our website. It is your responsibility to do so.

YOUR PRIVACY

We are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and us concerning your use and access to our services and our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

USE OF OUR SERVICES

By using our website and services, you agree that we are not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold us liable for any actions you take nor can you hold us liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by us.All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and we take no responsibility for your actions, choices or decisions.

GOVERNING LAW

These terms and conditions of service are governed by and construed in accordance with the laws of Victoria, Australia. If there is a dispute between you and us that results in litigation it is to be resolved by the courts having jurisdiction in Victoria.