Quotes

Menu

Terms and Conditions

If you are a customer of PhysioScholar then these standard terms and conditions apply to the use of our services. Additional terms may apply to some of our services. We will tell you when additional terms apply. Sometimes we may make special offers which are subject to other terms. If you accept one of those special offers, then the terms and conditions of that offer will also apply. By accepting provision of our services you acknowledge you have agreed to these standard terms and conditions.

About our Services

1. We are not obliged to provide services unless we accept your service application. We have the right to decide to provide service, or not to accept any application for service.

2. Physio Scholar will use all reasonable efforts to ensure that the services are reliable and available at all times, and will use skill and care in doing so. However, because we rely on networks and equipment which we do not control, we cannot promise that our services will always be available or fully-functioning. If our services are unavailable for any reason we will endeavour to restore service as soon as possible. If there is a problem with your service, please call our support centre on +64-9 2824920

3. While we take all reasonable security precautions, the nature of the internet means that we cannot guarantee the confidentiality of any calls or transmissions you make using our services.

4. We will be responsible for determining the manner in which the services are to be provided.

5. We may vary the layout and information from time to time, or decide to stop providing a particular topic. Your feedback is important to us, so please let us know, the features you like and don't like

6. We undertake to back up data on a monthly basis. It is highly recommended that you keep your own back up of your logbook as you update it. While we take every endeavour to protect your logbook information, we will not be held responsible for the loss of that information.

7. We have enabled recording of any CPD activities from 01/01/2008. It is not possible to record any learning activites prior to this date.

 

Using our Services

1. You must not use or permit our services to be used in any way which

  • Breaks any law
  • Infringes anyone's rights
  • Is malicious, obscene or offensive

2. You must keep confidential any password  which is used by you to access our services and we recommend, for security reasons, that you change these on a regular basis. If we request, you must change your password in a timely manner.

3. You must comply with any reasonable restrictions we impose or directions we give regarding the use of our services.

4. You must ensure that all information you provide us is correct. If any information you have supplied to us changes, you must provide us with updated information as soon as possible.

5. You must notify us if you wish to terminate your Agreement or service(s).

6. You must not resell the service(s) to others without the express written permission of an authorised Physio Scholar representative.

7. You must immediately report any misuse of our services or disclosure of your account information.

 

Use of Information and Confidentiality

1. You authorise us to collect, retain and use any information about you and/or the property which is the subject of the service(s) for the purposes of providing service(s) in the terms of this Agreement. Physio Scholar may also use the information we collect about you to obtain information about you from Credit Reporting Agencies for the purpose of credit checking where this may be required to provide services to you. You agree to us disclosing information about you to Credit Reporting Agencies for collection purposes.

2. You may decide whether to provide us any information. If you do not provide required information, we may not be able to provide the services to you.

3. Where you are a natural person, the authority under clause 4.1 is an authority or consent for the purposes of the Privacy Act 1993.

4. You are entirely responsible for the confidentiality of any password(s) associated with your account(s).  Access to your personal logbook in the system is protected via your username and password. You should not give your password to anyone. Furthermore, you are entirely responsible for any and all activities which occur under your account.

5. You agree that all intellectual property rights in the service(s) and any improvements or changes made by Physio Scholar to any service(s) belong to Physio Scholar.

 

Charges and Payments

1. You must pay our charges for the services we provide to you, regardless of whether you or someone else uses those services.

2. We will invoice / rebill you at the subscription renewal date.

3. You must pay each invoice by the due date advised on the invoice.

4. If you do not pay the invoice by the due date, we may suspend or restrict services until all due payments are made, may bill a $15 late penalty fee, or may terminate the services.

5. Any expenses, disbursements and legal costs incurred by us in the enforcement of any rights contained in this Agreement shall be paid by the Customer, including any reasonable legal fees or debt collection agency fees.

6. We will use your selected method of payment when invoices are due.

 

Consumer Guarantees Act

1. You may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. Unless you use, or hold yourself out as using, the services for the purposes of a business, nothing in these terms and conditions will limit or exclude your rights under the Act.

 

Liability

1. Subject to Clause 9 of the Consumer Guarantees Act and except expressly set out in these terms, Physio Scholar excludes any liability of any kind (whether in contract, tort (including negligence), equity or otherwise) to you or anyone claiming through you, relating to loss of profits or revenue, interception of data or unauthorised access to your information, loss or corruption of data, lost business or missed opportunities, wasted expenditure or savings you may have had, or any form of indirect or consequential loss whatsoever arising from your use of the information or services.

2. We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you) in the following circumstances:

  • If any of our services are not available at any time or are faulty
  • For any delay in commencing the provision of services
  • For any error in the information we present
  • If your computer, or computers, become affected by any virus or worm.

3. We are not liable to you for any fault in or non-provision of services caused by an event beyond our reasonable control

4. If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to our average charges to you for one month in respect of any single event or related series of events and to a maximum amount equal to our average charges to you for a three month period in any one year.

 

Cancellation

1. There is a 6 month minimum term on all Physio Scholar subscriptions. If your account is terminated within a minimum term period, you will be required to payup until the termination of the written notice.

2. You can terminate our services by giving us thirty days written notice.

3. We can terminate this agreement, or the provision of any service to you immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.

4. If this agreement is terminated for any reason you must still pay us for services provided to you up to the date of termination. If you have prepaid for a service, no refund is payable to you on termination unless we agree otherwise.

 

New Zealand Law applies

1. Our services are provided under New Zealand Law. If you want to bring a claim against us you must do so in a New Zealand Court.

 

Force Majeure

1. Neither party is liable to the other for failing to meet their obligations under this agreement except as specified in clause (next clause) to the extent that the failure was caused by an Act of God or other circumstance beyond its reasonable control. However, where a party has been unable to perform its obligations for a period of sixty days or more, the other party may give notice in writing to the first party.

2. Nothing in clause (above clause) shall excuse the Customer from any obligation to make payments of sums owing to Physio Scholar with those sums are due and owing to Physio Scholar under this agreement.

 

Changing the Terms and Conditions

1. We may change these terms at any time by giving you thirty days notice. We will inform you of any change by emailing or writing to you, by providing relevant information on our website.

 

Notice

1. If you wish to notify us of anything you can do so by writing to us at  PO Box 104142, Lincoln North, Auckland 0654, or by calling us on +64-9 2824920. We may require you to confirm in writing any advice you give us by phone.

2. If we wish to communicate with you or notify you of anything we can do so by post, phone, facsimile, or email to the last known address or number we have for you.

3. Any notice delivered personally or sent by facsimile or email after 5.00pm on a working day or any day that is not a working day will be deemed to have been received on the next working day.

4. If your contact details change you must advise us of the new details as soon as possible.

 

Entire Agreement, Variation and Non-Waiver

1. This agreement contains all of the terms, representations and warranties made between Physio Scholar and the Customer and supersedes all prior discussions and agreements covering the subject matter of this agreement.

2. No variation or waver of any provision of this Agreement shall be recognised or binding on Physio Scholar unless it is in writing and signed by an authorised representative of Physio Scholar.

3. Failure or delay by Physio Scholar to enforce any of the terms and conditions contained within this agreement shall not be deemed to be a waiver of any of the rights or obligations Physio Scholar has under this agreement.

4. If any provision of this agreement shall be invalid, void, illegal, or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

5. The customer shall not assign all or any of its rights or obligations under this Agreement without the written consent of Physio Scholar. Physio Scholar reserves the right to transfer our rights and obligations under this Agreement to anyone else. We will notify you if we do so.