WEBSITE TERMS & CONDITIONS

Please read these website terms and conditions of use carefully, before using this website.

Acceptance of Website Terms and Conditions of Use

Welcome to the website, www.exphys.com.au.

This website is owned and operated by Exphys Pty Ltd (ABN 47 331 406 082). Hereinafter referred to as “EXPHYS”, “us”, “we”, or “our”.

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern EXPHYS’ relationship with you in relation to your use of this website.

For the purposes of these terms and conditions, “you” and “your” refers to you, the client, customer, partner, visitor, website user, or person using our website.

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 using our website to ensure you are aware of any changes.

Limitation of Liability

It is an essential precondition to you using our website that you agree and accept that EXPHYS is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer, or from any other use of the website.

This includes your use or reliance on any third-party content, links, comments or advertisements.

Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Exclusions of Competitors

If you are in the business of creating similar documents, goods or services for the purpose of providing them to users, then you are a competitor of EXPHYS.

EXPHYS expressly excludes and does not permit you to use or access our website, to download any documents or information from its website, or obtain any such documents or information through a third party.

If you breach this term, then EXPHYS will hold you fully responsible for any loss that we may sustain, and further hold you accountable for all profits that you might make from such unpermitted and improper use.

EXPHYS reserves the right to exclude and deny any person or organisation access to our website, services or information at our sole discretion.

Trademark, Copyright and Restrictions of Use

EXPHYS® is a registered trademark with exclusive rights. This intellectual property (IP) distinguishes our unique brand, product and service from other competitors in the market. You are not permitted to use this registered trademark.

Further, this website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics.

Competitors are not permitted to reproduce, download, republish, upload, transmit electronically or otherwise, or distribute the documents, information or materials on this website.

EXPHYS expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution, reproduction or download of part or all of the contents in any form is prohibited, unless you are a non-competing customer or client of EXPHYS. 

You must obtain written permission from EXPHYS to use any content from this website, and with such written permission you will be required to acknowledge this website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content.

Competition and Consumer Act

Our goods and services come with guarantees that cannot be excluded, modified or restricted under the Australian Consumer Law and are in addition to any manufacturer or supplier warranty.

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), EXPHYS’ liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

Delivery of Goods

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Damaged or lost orders should be resolved with Australia Post or the courier company directly, and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of EXPHYS.

Digital goods are delivered promptly. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

Returns and Refunds

EXPHYS handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Links to Other Websites

EXPHYS may provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between EXPHYS and the owners of those websites. EXPHYS takes no responsibility for any of the content found on the linked websites.

EXPHYS’ website may contain information or advertisements provided by third parties for which EXPHYS accepts 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.

Cookies

Cookies are small text files that are stored on your device (computer, smartphone, tablet) when you visit a website. They allow the website to recognise your device and store certain information about your preferences or past actions.

We use the following types of cookies on our website:

• Strictly Necessary Cookies: These cookies are essential for you to browse the Website and use its features. Without these cookies, certain services cannot be provided.
• Performance Cookies: These cookies collect information about how you use the Website, such as which pages you visit most often. This data is used to improve the Website's functionality and user experience. All information collected by these cookies is aggregated and therefore anonymous.
• Functionality Cookies: These cookies allow the Website to remember choices you make (such as your username, language, or region) and provide enhanced, more personalized features.
• Targeting/Advertising Cookies: These cookies are used to deliver ads more relevant to you and your interests. They may also be used to limit the number of times you see an advertisement and help measure the effectiveness of advertising campaigns.

We use cookies to:

• Enhance your experience on the Website by remembering your preferences and settings.
• Analyse Website traffic and usage patterns to improve our services and content.
• Deliver personalised content and advertisements.
• Facilitate social sharing functionality, such as sharing content via social media platforms.

You have the right to accept or reject cookies. Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies if you prefer. You can also delete cookies that have already been set.

Please note that if you disable or delete cookies, some parts of this website may not function properly or be accessible.

By continuing to use our website without changing your cookie settings, you agree to our use of cookies as described in this Agreement.

Health Services, Products and Programs

By using our services, products, and programs, you agree that EXPHYS is not to be held liable for any decisions you make based on any of our services, products, programs, or guidance, and any consequences, as a result, are your own.

Under no circumstances can you hold EXPHYS liable for any actions you take, nor can you hold us or our employees, directors, officers, committee members, servants, agents, volunteers, contractors, subcontractors and collaborators liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by EXPHYS.

All our information on both the website is intended to assist you. It does not in any way, nor is it intended to, substitute professional, financial or legal advice. Results are not guaranteed, and EXPHYS takes no responsibility for your actions, choices or decisions.

Disclaimer

To the fullest extent permitted by law, EXPHYS absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. EXPHYS gives 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 on our website, 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 in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of EXPHYS 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 this website or any products or services that may be offered through it. It is your responsibility to do so.

Your Privacy

At EXPHYS, we are committed to protecting your privacy. We use the information we collect about you to maximise 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. Please read our separate Privacy Policy carefully.

Third Parties

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

Disclosure of Information

EXPHYS may be required, in certain circumstances, to disclose information in good faith and where EXPHYS is 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 EXPHYS concerning your use and access to EXPHYS’ 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.

Jurisdiction

This agreement, and this website, are subject to the laws of New South Wales (NSW) in Australia.

Last Updated: December 2023