Introduction
1.1 Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the Melbourne Myotherapy Centre website (“Website”, https://melbournemyotherapycentre.com.au) and related services (collectively, the “Services”), operated by Bayside Allied Health Pty Ltd trading as Melbourne Myotherapy Centre (“we,” “us,” or “our”).
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.
Use of Our Website
2.1 Personal and Non-Commercial Use
Our website is made available to you for your personal and non-commercial use only. You may not use our website for any commercial or business purpose, or in any way that is unlawful, or harms us or any third party.
2.2 Prohibited Activities
You may not use our website in any way that breaches any laws or regulations or causes, or may cause, damage to our website or impairment of the availability or accessibility of our website; or in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or inappropriate.
2.3 Malicious Software
You may not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
2.4 Data Collection
You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
2.5 Commercial Communications
You may not use our website to transmit or send unsolicited commercial communications.
Services Description
3.1 Provided Services
Melbourne Myotherapy Centre offers myotherapy, remedial massage, and sports massage services. Our website provides information about these services and facilitates appointment bookings through our third-party provider, Cliniko, payment and refunds through our third-party provider Stripe, and private health insurance rebates through our third-party provider HICAPS and/or Tyro Health.
User Accounts and Registration
4.1 Registration Process
To book appointments with us, you will need to provide personal information through our third-party booking system, Cliniko. By creating an appointment, you confirm that all information provided is accurate, current, and complete.
4.2 Personal Information Management
You are responsible for maintaining the confidentiality of your personal information. We manage your information in accordance with our Privacy Policy and applicable Australian privacy laws. If you would like more information on how we collect, manage and share your information, please read our Privacy Policy.
Booking and Payment Terms
5.1 Appointment Bookings
Appointments can be booked through our website and/or via our third-party provider, Cliniko. By booking an appointment, you agree to these terms of use and our Bookings and Cancellations Policy.
5.2 Payments Methods
We will only accept payments via Stripe using approved debit/credit cards (i.e. VISA, Mastercard, Diners, and AMEX). Private Health Insurance rebates can be claimed in-clinic at the time of appointment through our third-party provider HIPCAPS and/or Tyro Health. When you make a payment with us, or if you are requesting a credit and/or refund, you agree to these terms and our Payments and Refunds Policy.
5.3 Cancellation and Refunds
We reserve the right to withold refunds in circumstances which disadvantage our service deliverability. When you agree to these terms, you agree to our Bookings and Cancellations Policy, and Payments and Refunds Policy.
Intellectual Property Rights
6.1 Ownership
The content of our website, including without limitation the text, graphics, photos, logos, icons, images and software, is owned by or licensed to Bayside Allied Health Pty Ltd and is protected by Australian and international copyright and trademark laws.
6.2 Limited Licence
We grant you a limited, non-exclusive, non-transferable license to access and use our website content for personal, non-commercial purposes related to your treatment or potential treatment with us.
6.3 Restriction
You must not reproduce, modify, copy, distribute or use for commercial purposes any of the content on our website without our express written permission.
Availability of Our Website
7.1 Free Access
Our website is made available free of charge.
7.2 No Guarentees
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period. We also understand that while every attempt is made to ensure accuracy of information at the time of publishing, may be out of date at the time that it is accessed.
7.3 User Responsibility
You are responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and conditions and that they comply with them.
Age Restrictions and Minors
8.1 Age Requirements
Our website does not contain information which is restricted to any age group. However, the use of our booking system must be completed by a person 18 years of age or older.
8.2 Treatment of Minors
For clients under 18 years of age, a parent or legal guardian must:
- Provide consent for treatment
- Be present during the appointment
- Complete and sign all required forms on behalf of the minor
More information about treatments can be viewed in our Bookings and Cancellations Policy.
Third-Party Websites and Services
9.1 Third-Party Links
These third-party websites have separate and independent terms and conditions, privacy policies and practices. We have no responsibility or liability for the content and activities of these linked websites. The terms and conditions set out in this document do not extend to any third-party website which you may be linked to from this website.
9.2 Third-Party Services
Our website integrates third-party services including Cliniko, Stripe, and Tyro Health/HICAPS. Your use of these services is subject to their respective terms and conditions and privacy policies. You can learn more about our third-party services privacy policies on their respective websites.
Liability, Limitations and Disclaimers
10.1 Professional Advice
While we strive to provide effective myotherapy and remedial massage services, our website content is for informational purposes only and should not be considered as medical advice. Always consult with appropriate healthcare professionals regarding specific medical conditions.
10.2 Exclusion of Implied Terms
To the extent permitted by law, we exclude all representations, warranties, conditions and other terms which might otherwise be implied by statute, common law or the law of equity.
10.3 Limitation of Liability
To the maximum extent permitted by law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use of, or inability to use, our website
- Use of or reliance on any content displayed on our website
- Any act or omission by us, our employees, or agents in the performance of our Services
10.4 Viruses and Technical Issues
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.
10.5 Health Information and Risks
Before receiving treatment, you must disclose all relevant health information. Certain health conditions may contraindicate myotherapy or remedial massage treatments. While adverse reactions are rare, treatments may occasionally cause:
- Temporary increased soreness
- Bruising
- Skin irritation
- Emotional responses
More information is available in our client intake form and is a requirement to be completed prior to treatment(s).
10.6 Australian Consumer Law
Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms is intended to exclude, restrict, or modify any rights that you may have under the Australian Consumer Law.
Indemnity
You agree to indemnify, defend and hold harmless Bayside Allied Health Pty Ltd trading as Melbourne Myotherapy Centre, its Directors, Officers, Employees, Agents, Licensors, Suppliers and any Third-Party Information Providers to the service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your use of the website (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
Termination
12.1 Termination by Us
We reserve the right to terminate your use of our website at any time, without notice, for any reason, including without limitation, breach of these terms and conditions. We also reserve the right to:
- Refuse service to anyone for any reason at any time
- Cancel appointments if you repeatedly fail to attend scheduled appointments without proper notice
12.1 Data After Termination
Upon request, we will coordinate with our third-party service providers to remove your personal information in accordance with our Privacy Policy and applicable law.
Professional Standards and Insurance
Melbourne Myotherapy Centre is a member of Massage and Myotherapy Australia and maintains:
- Public Liability Insurance required by our membership body
- Professional indemnity insurance required by our membership body
- All practitioners are required to maintain appropriate qualifications, registrations and insurances in accordance with industry standards.
Dispute Resolution
14.1 Informal Resolution
If you have any concerns or disputes regarding our Services, please contact us first to seek an informal resolution.
14.2 Mediation
If an informal resolution cannot be reached, either party may refer the dispute to a mediator appointed by the Australian Disputes Centre or a similar body mutually agreed upon by both parties.
14.3 Legal Proceedings
If mediation is unsuccessful, either party may commence legal proceedings. You agree that any legal proceedings will be brought in the courts of Victoria, Australia.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia. Any disputes arising under or in connection with these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of Victoria.
Changes to Terms of Use
We reserve the right to make changes to these terms and conditions from time to time. We are not required to notify you of these changes. Your continued use of the website following any changes signifies your acceptance of the new terms and conditions.
Contact Information
If you have any questions about these terms and conditions, you can contact us via email or post at:
Melbourne Myotherapy Centre
Suite 16, 981 North Road,
Murrumbeena, Victoria 3163
These terms of use were last updated on March 4, 2025.
Thank you for visiting our website.
Table of Contents
- Introduction
- Use of Our Website
- Services Description
- User Accounts and Registration
- Booking and Payment Terms
- Intellectual Property Rights
- Availability of Our Website
- Age Restrictions and Minors
- Third-Party Websites and Services
- Liability, Limitations and Disclaimers
- Indemnity
- Termination
- Professional Standards and Insurance
- Dispute Resolution
- Governing Law
- Changes to Terms of Use
- Contact Information
