Terms & Conditions

The ‘Physio Phebe’ chatbot powered by Chatfuel via Facebook Messenger (the “Chatbot”) and the ‘Physio Phebe’ website located at http://www.physiophebe.com (the “Website”) is owned, controlled and operated by Liston Group Enterprises Trust (ABN 49 664 417 822) (“We”, “our”, or “us”). The terms & conditions below (the “Terms”) shall apply to any person who uses and/or purchases goods and/or information from the Chatbot and/or Website. By using the Chatbot or Website, you (the “Customer” or “you”) agree to comply with and be legally bound by the Terms.

 

VARIATION               

‘Physio Phebe’ has the right to amend, remove or vary the Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to the Terms and by continuing to use and visit the Website, the Customer agrees to be governed by the Terms as varied from time to time.

 

PURPOSE OF OUR WEBSITE

The purpose of this Website is to provide information to you about ‘Physio Phebe’ goods and services including informative videos, provide contact details and information about our company, offer promotions and provide an online storefront for the purchase of our products (“Goods”).

 

PURPOSE OF OUR CHATBOT

The purpose of our Chatbot is to guide you to the appropriate section of the Website that will provide you with the information you are seeking on the particular occasion.

 

RELYING ON OUR WEBSITE/CHATBOT

We do not guarantee the accuracy, completeness, reliability or timeliness of the Website/Chatbot. ‘Physio Phebe’ will not be liable if for any reason the Website/Chatbot is unavailable at any time or for any period. You acknowledge and agree that your use of the Website/Chatbot is on an “AS-IS” basis and from time to time, ‘Physio Phebe’ may restrict access to some parts, or the entire Website/Chatbot, without notice to you.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, ‘Physio Phebe’/Liston Group Enterprises own all rights, title and interest in the copyright and other intellectual property rights contained in the Website/Chatbot, in the structure of the Website/Chatbot as well as its look and feel (collectively the “Intellectual Property Rights”). All components of the Website/Chatbot including text, fonts, graphics, photos, logos, videos, domain names, service marks, trade marks, information, designs, source code and data (“Content”) have been specifically created by and/or for ‘Physio Phebe’ and as such are our exclusive property. The Content must not be modified or altered in any way.

 

You are authorised to download, view, copy and print any content on the Website/Chatbot for personal, informational and non-commercial purposes only. However, you must obtain our prior written permission if you would like to use, copy, repost, store, sell, upload, distribute or reproduce any part of this Website/Chatbot or the Content for any other purpose. All trade marks appearing on this Website are the exclusive property of ‘Physio Phebe’/Liston Group Enterprises and are formally registered in Australia.

 

PROHIBITED ACTS

You must not access or use the Website/Chatbot:

  1. In a way that violates these Terms;
  2. For unlawful activities or purposes;
  3. In a way that is fraudulent, defamatory, inaccurate, false, misleading or deceptive;
  4. In a way that violates any applicable law (including, without limitation, applicable privacy laws);
  5. In a way that infringes the rights (including the Intellectual Property Rights, as defined below) of any other person

 

LIMITATION OF LIABILITY

The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other rights, in relation to the quality for purpose of consumer goods sold in Australia. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws, which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, ‘Physio Phebe’/Liston Group Enterprises makes no warranties or other representations in relation to the supply of Goods. ‘Physio Phebe’/Liston Group Enterprises liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.

 

The Customer’s use of, and reliance on, this Website (including all Content) is entirely at your own risk, and to the full extent permitted by law, we exclude our liability to you for all types of loss resulting from your use of or reliance on this Website (including all Content), however incurred, including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of this Website or the Content. The Customer agrees that they are on notice of our disclaimer of warranties and limitation of liability set out above and agree to these disclaimers and limitations as a condition of using the Website/Chatbot.

 

INDEMNITY

You agree to indemnity and hold ‘Physio Phebe’/Liston Group Enterprises harmless from any demands, loss, liability, claims or expenses (including legal fees and costs on a full indemnity basis) made against ‘Physio Phebe’/Liston Group Enterprises by you or any third party due to or arising out of, or in any way connected to your access and/or use of the Website/Chatbot or purchase of the Goods.

 

WAIVER

Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.

 

PRIVACY POLICY

Your use of the Website/Chatbot may involve submitting your personal information via a form, registration process or other communication. Where applicable, we will collect your Personal Information subject to our Privacy Policy, governed by the Australian Privacy Principles. By using the Website, you hereby agree to the terms of this Privacy Policy. If you do not agree to the terms of the Privacy Policy, you should immediately cease to use the Website/Chatbot. Click here for Privacy Policy.

 

TERMS OF SALE

By placing an order for any Goods via the Website (“Order”) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and ‘Physio Phebe’ with respect to the supply of the Goods in accordance with these Terms. ‘Physio Phebe’ reserves the right to accept or reject an Order for any reason at any time.

 

All Orders are subject to availability of the Goods. The Customer acknowledges that all Orders made are for personal or domestic use as opposed to commercial use. The Customer must be over 13 years of age and possess a valid credit or debit card issued by a bank acceptable to ‘Physio Phebe’. When placing an Order the Customer undertakes that all details that are provided to ‘Physio Phebe’ are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.

 

PRICING & FEES

The price of all Goods are specified on the Website (“Price(s)”). The Prices listed on the Website are exclusive of any shipping fees (see below). Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable are inclusive of goods and services tax (“GST”). Any fees and charges (e.g. delivery fees) imposed by these Terms also include GST where applicable. ‘Physio Phebe’ reserves the right to change or alter the Price of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing. ‘Physio Phebe’/Liston Group Enterprises will issue the Customer with a tax receipt once the Order has been processed and payment received.

 

E-COMMERCE

The ‘Physio Phebe’ online storefront (“Online Store”) is hosted on WordPress.com. WordPress provide us with the online e-commerce platform that allows us to sell our Goods to you. The use of the Online Store by you to purchase ‘Physio Phebe’ products requires payment to Liston Group Enterprises Trust. Each time you wish to purchase goods via the Online Store, you must provide valid credit card or Paypal account details that belong to you or you have authority to use. You must provide true and accurate billing information, including where relevant, the name of the credit card holder, billing address, date of expiry and CVC code. Where necessary, this information will be collected and stored in accordance with our Privacy Policy. All sales are final and binding, subject only to operation of relevant consumer-protection laws. Your card issuer agreement shall govern the use of your designated credit card, and will determine your rights and liabilities as a cardholder. Your use of the Online Store to purchase Goods is subject to our Shipping Policy (outlined below) and our Returns Policy, both of which are incorporated into the Terms by this reference.

 

SHIPPING POLICY

‘Physio Phebe’ offers Free Shipping Australia-wide on all Orders. All Orders with a delivery location outside of Australia are subject to a flat fee of AUD $20 (inclusive of GST) regardless of the amount of Goods purchased. ‘Physio Phebe’s’ estimated delivery time for Free Shipping is 2-5 business days following placement of an Order, depending on the Customer’s location. Customers located in Victoria or New South Wales should receive their Goods within 2 business days. Interstate orders and rural areas may take between 3-5 business days. Customers who select Express Shipping estimated delivery time is 1-2 days Australia wide. Estimated delivery time for any international orders is between 5-15 business days.

 

Any period or date given for shipping of an Order by ‘Physio Phebe’ is intended as an estimate only and is not a contractual commitment. ‘Physio Phebe’ will use its best reasonable endeavors to meet any estimated shipping dates but ‘Physio Phebe’ will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date. Shipping of any Order may also be subject to delays resulting from postal delays or force majeure for which ‘Physio Phebe’ will not be held responsible. For the avoidance of doubt, delivery of Orders placed on the weekend or a Public Holiday will not be processed until the following Victorian business day.

 

RISK

Title in the Goods for each Order will not pass to the Customer until the Customer has paid  ‘Physio Phebe’ all monies owing to the ‘Physio Phebe’  under these Terms for that Order (including without limitation the purchase Price of the Goods and shipping fees). The risk in the Goods passes to the Customer when the Goods leave the ‘Physio Phebe’ premises to be shipped to the Customer. ‘Physio Phebe’ will not be held responsible for any occurrence that may happen following the shipping of an Order, including theft or damage if a Good is delivered to an unattended address.

 

RETURNS POLICY

Please refer to ‘Physio Phebe’s’ Return Policy for information regarding returns and damaged or faulty Goods.

 

THIRD PARTY LINKS

The Website/Chatbot may contain links to other websites (including users and affiliates of Liston Group Enterprises) over which ‘Physio Phebe’ have no control. The Customer agrees that those links are provided for your convenience only, and ‘Physio Phebe’ is not responsible for the availability of, and content provided on, third party websites. ‘Physio Phebe’ make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.

 

GOVERNING LAW

These Terms of Use are to be governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principle applicable in other jurisdictions. You agree to submit to the personal jurisdiction of the courts of Victoria

 

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.

 

OUR CONTACT DETAILS

‘Physio Phebe’ by Liston Group Enterprises Trust (ABN 49 664 417 822)

contact@physiophebe.com

Any questions about the above Terms should be sent to contact@physiophebe.com