i. Physits Pty Ltd. Is a company registered in NSW, Australia.  You can contact us by writing to us at PO BOX 1122 Strathfield, NSW 2135, emailing hello@physits.com or

ii. calling us on 1300 728 218. 1.2. If we have to contact you we may do so by telephone or by email to the number and/or address provided upon account registration. When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you consent to receiving communications from Physits via email.

i. We reserve the right to change the terms and conditions of this Agreement or to modify or discontinue the Services offered by Physits at any time. Those changes will go into effect on the effective date shown in the revised agreement on the applicable website(s) or app(s). We encourage you to check this Agreement from time to time to see if it has

ii. been updated. By continuing to use any Services after the new effective date, you agree to be bound by such changes. If the modified terms are not acceptable to you, please cease using the Services.

i. Creating your account; in order to access certain features of the Website and Apps and to use certain Services, you may be required to register to create an account(“Account”).

ii. In connection with setting up your Account with Physits, we may supply you with a user identification and/or password. In connection with any future use, you

iii. may be asked to input your user identification and/or password from time to time. As a user of the Services, whether Therapist or Customer, you agree to provide us with complete and accurate information (if requested) and to update such information to

iv. keep it accurate, current and complete. You understand that any personal information you provide will be treated in accordance with Physits’ Privacy Policy available

v. at https://www.physits.com.au/privacy-policy. YOU UNDERSTAND AND AGREE THAT

THE PHYSITS HAS NO CONTROL OVER THE CONDUCT OF THE THERAPISTS OR

vi. CUSTOMERS. If you are under the age of majority in your jurisdiction of residence, you may use the Services only with the involvement of your parent or guardian. You agree to

vii. be responsible for all activity that occurs within your Account and agree to be responsible for maintaining the security of your password and user identification. You

viii. agree to immediately notify Physits of any unauthorized use of your user identification or password or any other breach of security. You can delete your Account at any time, for any reason, by calling Physits at 1300 728 218.

i. Physits may at its discretion terminate your use of, or access to, the Website or mobile applications at any time. If this happens we may notify you by email. If your use of the Website or mobile applications is terminated:

ii. (a)You are no longer authorised to access the Website or mobile applications or use any other Physits Services with the email address or number you used to register with the Website or mobile applications or any other email address or number you possess;

iii. (b)You will continue to be subject to and bound by all restrictions imposed on you by the Terms; and

iv. (c)all licences granted by you and all disclaimers by Physits and limitations of Physits’ liability set out in the Terms or elsewhere on the Website or mobile applications will survive termination. You may terminate this agreement by

v. emailing Physits at hello@Physits.com. Physits will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile. Physits reserves the right to deduct any outstanding fees and

vi. charges owing to Physits and/or the Therapist on your account prior to disabling it.

i. After you have created your account, you may request for Services (hereinafter referred to as “Booking”). Physits will then make your contact details, location, requested time and the scope of the Service available to the appropriate Therapists. An

ii. available Therapist will then confirm their acceptance of the Booking; you will then receive a Booking confirmation. After the Service(s) has been completed Physits

iii. will, on behalf of the Therapist, provide you with a tax invoice/receipt that may also contain other relevant details of the Service provided. Please note that all bookings are subject to Therapist availability. If the requested Therapist cannot fulfill your Booking

iv. they have the option to cancel or request a different time, once you and the Therapist have agreed on an alternative time the Booking will be updated.

i. You are responsible for your use of the Services, and for any use of the Services made using your Account. We prohibit certain kinds of conduct that may be harmful to other

ii. Users or to Physits. If you are a Therapist or Customer, you agree not to attempt to contact each other directly about the Services outside of the Services for a period of 1

iii. year after the date of your last use of the Services, except as may be permitted by these Terms or Physits, or otherwise circumvent your relationship with Physits. When you use the Services, you agree that you will not:

iv. (a) violate this Agreement or any Physits rules regarding use of the Services;

v. (b) violate any law or regulation;

vi. (c) breach any agreements you enter into with any third parties;

vii. (d) violate, infringe, or misappropriate other people’s intellectual property,

viii. privacy, publicity, or other legal rights

ix. (e) engage in any behavior that is abusive, harassing, indecent, profane, obscene, hateful or otherwise objectionable, including sexual misconduct;

x. (f) stalk, harass, or harm another individual;

xi. (g) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services or in connection with Physits;

xii. (h) impersonate any person or entity or perform any other similar fraudulent activity;

xiii. (i) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including e-mail addresses, without the express consent of such users or alter transmission data;

xiv. (j) collect, distribute or gather personal or aggregate information, including Internet, e-mail or other electronic addresses, about Physits’ customers or other users;

xv. (k) upload, post, e-mail or otherwise transmit any material that constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation or commercial electronic message;

xvi. (l) use any means to scrape or crawl any Web pages or Content contained in the Websites or Apps;

xvii. (m) attempt to circumvent any technological measure implemented by Physits or any of Physits’ providers or any other third party (including another user) to protect the Websites or Apps;

xviii. (n) to the extent permitted by applicable law, attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites or Apps;

xix. (o) be intoxicated or under the influence of alcohol, drugs or other illicit substances;

xx. (p) have any physical or mental conditions that may be contagious, disruptive or otherwise put the other Physits user at risk of injury, illness or intimidation.

xxi. (p) advocate, encourage, or assist any third party in doing any of the foregoing.

i. You agree to pay all charges incurred by you or any users of your Account and/or payment card (or other appropriate payment mechanism) at the amounts in effect

ii. when such charges are incurred. You must provide Physits with a valid credit or debit card (Visa, MasterCard, or any other accepted issuer) for making payments and ensure that sufficient funds are available for debit. Therapists must support the use of

iii. the Payment Providers and provide Physits with valid bank account information as a condition to receiving any payments. Each therapist understands that Physits assumes no liability for any acts or omissions of the Customers and that Physits’ obligation to pay the

iv. Therapist is subject to and conditional upon successful receipt of any associated payments from customers. By providing Physits with your payment and/or financial information, you agree that Physits and any of its third party payment processors are

v. authorized to immediately debit or credit your account for all applicable fees and charges and that no additional notice or consent is required. You agree to immediately notify Physits and/or update within the App or Website(s) any change in your payment

vi. and financial information. Physits reserves the right at any time to change its prices and billing methods. All information that you provide to us or our third party payment processors must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make or receive.

i. We have taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment

ii. gateway is used to process all transactions and credit card details. Physits does not give any warranty or make any representation regarding the strength or

iii. effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.

i. If you are a Therapist or Customer, you agree to Physits’ cancellation and rescheduling policy and the associated charges and payments, the terms of which are located at

ii. https://www.Physits.com.au. If you cancel a Booking within 24 hours before the Service is scheduled to begin you will have to pay a cancellation cost of $30. We recommend you reschedule your Booking to another suitable time.

i. You acknowledge that Physits is a third-party facilitator to provide you with the platform to purchase Services from Therapists, and as such Physits disclaims any and all liability relating to your interactions with any Therapist(s) and/or other Customer(s). Physits is not

ii. an agent or broker for you, you agree to enter into any transaction with Physits entirely at your own risk. Although We intend to take reasonable steps to prevent any dissatisfaction or damage to you, you assume full responsibility and risk of loss resulting

iii. from your use of the Services. You acknowledge that We are not liable for any damages or loss, whether direct or indirect, whatsoever (including personal injury, loss of life and damage to property). If you are an individual Customer Physits is available only for your

iv. domestic and private use. If you are a Therapist and use Physits for any commercial, business or re-sale purposes you acknowledge We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

i. You agree to indemnify and hold harmless Physits, its affiliates, agents, contractors, and their respective directors, shareholders, employees, representatives and agents from any and all liabilities on demand, against any claim, action or inaction, damage, loss, liability,

ii. cost, charge, expense or payment which Physits may pay, suffer, incur or are liable for in relation to any act you do or cause to be done in breach of these Terms. General limitation

iii. of liability; To the maximum extent permitted by applicable laws We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you

iv. incur in relation to the contents or use of or reliance on Website content or otherwise in connection with the Website or mobile App.

i. Physits will use reasonable endeavors to mediate any dispute concerning the use of the Website, mobile applications, or in relation to the Service(s) carried out by a

ii. Therapist. Although Physits retains the right to mediate any dispute between you and a Therapist, all disputes between you and such Therapist must ultimately be handled between you and the Therapist directly.

i. The use of this Website or mobile applications is at your own risk. The Site Content and everything from the Website or mobile applications is provided to

ii. you on an “as is” and “as available” basis without warranty or condition of any kind. None of Physits affiliates, directors, officers, employees, agents, contractors, third party content providers or licensors make any express or implied

iii. representation or warranty about the Site Content or Website or mobile applications.

i. The Site Content is protected by copyright and Physits reserves all Intellectual Property Rights which may subsist in the Site Content and/or the Website and/or

ii. mobile applications. By accepting the Terms, you are granted a non-exclusive licence to:

iii. (a) view the Website and/or mobile applications;

iv. (b) print pages from the Website and/or mobile applications in its original form; and

v. (c) download any material from the Website and/or mobile applications for caching purposes only.

vi. You must not, without Physits’ prior written consent which may be withheld at its absolute discretion:

vii. (a) copy, republish, reproduce, duplicate or extract Site Content;

viii. (b) redistribute, sell, rent or licence any Site Content; or

ix. (c) edit, modify or vary the Site Content.

i. If you submit any ideas, suggestions or testimonials “Feedback” to Physits, you hereby transfer to us all rights in such Feedback without charge. You also agree that Physits

ii. shall have the right to use and fully exploit such Feedback in any manner that we consider appropriate, including posting on the Internet. Please note that the Feedback

iii. you provide to us will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential

iv. or proprietary. You may only submit ideas and material if you have obtained appropriate copyright and other permission to submit such materials and

v. to permit Physits to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.

i. The NSW courts of Australia will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual

ii. disputes or claims) shall be governed by and construed in accordance with the law of the state of NSW. Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the

iii. validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the

iv. other provisions in these Terms. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in

v. respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.