Terms of Service

Last updated: April 30, 2020

About Us

Cycle Dynamics provides both general sports and musculoskeletal physiotherapy and cycling-specific physiotherapy services (‘our Services’) as a means of assisting recovery, injury prevention and the achievement of sporting performance goals. Our cycling-specific physiotherapy services include bike fitting services, exercise programs and training advice. Bike fitting services include setting you up on your existing bicycle, and/or providing recommendations for bicycle components or new stock or custom-made bicycles to assist in achieving the desired cycling comfort, injury prevention, injury management and/or performance outcomes.

Terms

When you book a consultation online or come to your consultation at our physiotherapy practice, we require you to read and understand these terms and conditions (“Terms”).


Appointments

Referrals

We do not require a referral from your Doctor or medical practitioner for a general sports and musculoskeletal physiotherapy or cycling physiotherapy consultations, unless such services are to be provided under Medicare, Work Cover or a Motor Accident Insurance claim.

Payment

Payment in full is required at the end of each consultation unless a prior agreement has been made.

If a third party is to fund all or part of your physiotherapy management with us, written confirmation to this effect and any applicable documentation must be provided in order for us to bill them directly. Until such documentation is received by Cycle Dynamics you agree to pay all fees. In the event that a third party denies payment, you will be responsible for settling the account with us directly.

Our current fee schedule is available here.

Billing of non-fixed price (hourly rate) services

Where a consultation fee is noted as being billed on an hourly rate, the final fee will be calculated using our standard rate at the time of confirmation of your booking. Upon request, we will provide an estimate for the time and cost involved in providing the service. Estimated fees are not binding and any cap we may place on these is contingent on you being as complete and accurate as can reasonably be expected with information requested. You may request additional work to be performed during your consultation but this will be subject to time availability and may result in additional cost.

In the event unforeseeable issues outside of our control that interfere with our capacity to provide the service within the estimated time arise, we will inform you whether the problem is within our capacity to address. If so then to the extent possible under the circumstance, we will estimate the additional time/costs that may need to be charged so that you may make a decision as to whether you would like to proceed. Should we be unable to rectify the issue in order to allow the original service to proceed then we will only bill for the time up to the point at which we began attempting to address the problem. Likewise, should we determine that outside services are required to address the issue then we will only bill for the time used until that point (stated minimum fees apply).

Cancellation / Non-Attendance Fees

Late cancellations and failure to attend without notice negatively impacts Cycle Dynamics’ ability to operate as a business and denies appointment times to others who may have been able to attend. Cycle Dynamics therefore reserves the right to charge a fee for late cancellations and for failure to attend without notice, this being equal to 50% of the consultation fee. Where the consultation involved is subject to time-based billing (i.e. hourly rate), the stated minimum fee will apply. Unless quoted otherwise in writing, the minimum fee will be that listed for the relevant service on our website at the time of booking.

To avoid these fees, please provide notice of your intent to cancel or reschedule by 5pm the day prior for morning appointments and by 7am on the day for afternoon/evening appointments. Where possible, we would appreciate more notice than this (ideally >48hrs) so that we may have a better chance of filling your cancelled appointment slot.

By making an appointment you agree to pay any cancellation or non-attendance fees as detailed above and acknowledge that failure to pay may result in debt recovery action being taken. If extenuating circumstances are present then we may elect to waive the fees at our discretion.

Please note that third party payers (insurers, Medicare etc.) are not responsible for late cancellation and non-attendance fees.

Late arrivals

In the event that you arrive late to your consultation, you may receive a shorter consultation due to other bookings on our waiting list. You will still be charged the full consultation fee if you arrive late, or if you miss the consultation as we have blocked this time period for you.

General Sports and Musculoskeletal Physiotherapy Appointments

At your consultation we will conduct a patient interview to gather necessary information and then conduct assessments relevant to your injury or condition. On the basis of your history and examination, individualised management strategies will be developed then implemented in consultation with you. Physiotherapy management may include (but is not limited to) the application of manual therapy techniques, provision of advice and education, taping and the prescription of therapeutic and strengthening exercises. Where clinically necessary we may also refer for imaging and/or to other health/medical practitioners.

During the course of your physiotherapy management we may also recommend and supply physiotherapy related items such as exercise equipment, strapping tape and pre-fabricated foot orthoses (“our physiotherapy equipment range”). The cost of items from our physiotherapy equipment range is not included in the price of your general consultation.

Note that general Sports and Musculoskeletal Physiotherapy appointments may be provided under the business name Ben Ward Sports and Musculoskeletal Physiotherapy. Cycle Dynamics and Ben Ward Sports and Musculoskeletal Physiotherapy are different trading names for the same business entity. 

Cycling-Specific Physiotherapy (Cycling Analysis and Bike Fitting) Appointments

Initial consultations will commence with a patient interview as per general sports and musculoskeletal physiotherapy appointments, during which we will also gather information relating to your cycling history and goals. We will then conduct a physical examination, including assessment of any injuries that may be present, and then conduct an analysis of your cycling position, posture and technique on your bicycle, either mounted on a stationary trainer or outdoors, or on our adjustable fitting bike.

On the basis of the above assessment we will discuss with you our recommendations for optimising your cycling comfort and performance as well as to address any cycling-related problems that may be present. This may include making adjustments to your existing bicycle (which may require installation of new bicycle components where we hold them in our bicycle equipment range or as supplied by you) or recommendations for the purchase of a new bicycle. We may also provide recommendations and advice relating to your cycling posture, technique and training program, and the purchase of cycling equipment. Where necessary we may also refer you to bike mechanics for servicing and may also prescribe an exercise program for injury management and prevention, or general strength and conditioning. For patients wishing to engage a frame builder to build them a custom bicycle, we may also liaise with the frame builder to assist in achieving a particular outcome for you.

Subsequent consultations will generally involve a review of your cycling and injury history, re-assessment of relevant physical examination items and the application of interventions (e.g. bike adjustments, physiotherapy treatment techniques, review of exercises etc.).

Note that Cycle Dynamics is not responsible for any adverse outcomes (physical, financial,  performance or otherwise) arising from your failure to use bicycles in accordance with the manufacturers’ instructions and our instructions, or for failing to follow our instructions and recommendations regarding bicycle equipment, your cycling training, strengthening and therapeutic exercises, and/or any other advice/education we provide.


Privacy and Health Information

We are committed to protecting your privacy. Your personal and health information is generally only disclosed to other members of your medical team where necessary. The personal and health information we collect from you is collected for the primary purpose of providing a high quality of health care.

In particular, we may need to obtain and/or release your health information with other treating practitioners, including, but not limited to treating practitioners, rehabilitation consultants, and employers. You permit us to exchange such information, including any past medical history with those people deemed necessary by us. We may also be required to disclose your personal information where required by law or for debt recovery.

We may send you information via email or phone regarding our services. This may include information to assist with our accounts, to communicate with you regarding your treatment, or to provide you information on our services. By accepting our services you consent to these communications.

All notes taken in the course of your management and all related communications become a part of your clinical records. Your clinical records are stored electronically in your patient file on Halaxy, which you consent to as a patient of this practice. Halaxy’s privacy policy may be viewed here.

For greater detail on how we handle your information please read our Privacy Policy.


Equipment Recommendations

If your existing bicycle configuration does not meet your cycling and/or injury rehabilitation needs then we may provide recommendations regarding appropriate bicycles, parts and accessories to assist in your recovery and the achievement of your cycling goals.

In some cases we may recommend alternate or customised equipment. For custom-made bicycle frames we may provide a draft design with fit-related measurements and component recommendations that you can then provide to the bicycle frame builder/manufacturer. We then review the final design from the manufacturer to ensure there are no foreseeable safety or fitting concerns if this is provided to us. For custom bikes, the manufacturer is responsible for the final approved design and construction of the custom bicycle and your legal relationship and contract is with the manufacturer.

We also have test bicycles fitted with adjustable cranksets that are available for demonstration trial so that you may try and determine your preferred length before making a purchase. You must agree with our further terms and conditions for use of the demonstration bicycles.

You acknowledge and agree that bicycle maintenance, or ordering of bicycles, accessories, components or customised equipment may cause a delay in the ability for you to continue with your rehabilitation treatment and/or cycling participation. We may recommend other interventions/strategies in the interim.

No commission

We do not receive any affiliate or other commission fees from any distributors or manufacturers or bicycle shops for the recommendations or any sales.

Disclaimer

We cannot be held responsible for any purchase you make of bicycle equipment, including customised equipment. We are making recommendations only, and you choose whether to act on the recommendation. Any purchase is a contractual agreement between you and the manufacturer, or bicycle shop or distributor and we are not to be involved. All payments must be made directly to them. You take full responsibility and risk for purchasing any bicycle equipment we recommend to you.

You further acknowledge that by undertaking any bicycle exercise program, you are doing so voluntarily and are aware that there are dangers in participating. You acknowledge that undertaking a bicycling exercise program may result in serious personal injury, permanent disability or death and/ or property loss and damage. We cannot be responsible for any injury you may suffer whilst using the cycling equipment, including our test bicycles, or whilst engaging in the bicycling exercise program which of course is without our supervision. We also cannot guarantee your progress or improvement under any bicycling exercise program. We expressly disclaim all warranties in relation to the bicycling exercise program.

You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of any bicycling equipment, engaging in a bicycle exercise program or our Services. This damage includes, but is not limited to any personal injury, death or property damage. You agree to indemnify us for any claims you may have against a bicycle shop, manufacturer or distributor. 


Equipment Sales

We sell a limited range of bicycle components and accessories such as saddles, handlebars, pedals and cranksets, (“our bicycle equipment range”) as well as our physiotherapy equipment range (together “our equipment range”). Any purchase of items from our equipment range is a contract for purchase with us and is made at our consultation rooms. Some of our equipment range comes with manufacturer warranties, which you can request on purchase.

Refunds

We have obligations under the Consumer and Competition Act 2010 (Cth) (“the ACL”), in relation to our products and services, including refunds for our equipment range, and you have other rights including the consumer guarantees which cannot be excluded, restricted or modified (“Statutory Rights”).

Delivery

In some circumstances we may not have items in our bicycle equipment range in stock, and we may need to order them in. You acknowledge and agree that there will be a waiting period to receive the item, and so your rehabilitation and/or cycling participation may be delayed. If we agree to post the item to you agree to pay all associated delivery charges in addition to the price.


Liability

Our liability to you is governed solely by the ACL and these Terms.

We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose. We further disclaim all warranties in relation to our equipment range.

When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

  • The supply of any services again; or
  • The payment of the cost of having any services supplied again.

OR

  • The supply of the products again; or
  • The repair of the product; or
  • The payment of the cost of having the products supplied again.

You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our products or services. This damage includes, but is not limited to any personal injury, death or property damage.

You agree to indemnify and hold us harmless from and against any and all claims including but not limited to any damages whether direct or indirect resulting from (i) your breach of our Terms, (ii) any third party claims; (iii) any activity you may engage in through any use of our products or services, or (iv) your use of the products or services.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.


Governing Law

These terms and conditions are governed by the laws of Queensland, Australia, and the parties submit to the jurisdiction of the courts of Queensland and Australia.

You agree that you have read and understood the above terms and conditions and that you:

  • warrant that the information you provide about your health is true and correct and to the best of your knowledge;
  • agree to disclose any injuries or future medical conditions;
  • consent to your health information being disclosed; and that
  • we cannot be responsible for any injury you may suffer whilst using the bicycling equipment, including our test bicycles, or whilst engaging in the bicycling training/exercise programs. You are responsible for all risks which may include personal injury, death and property damage.

Bike Fit Satisfaction Guarantee

If you are not satisfied with the outcome of your bike fit then Cycle Dynamics will review your fit within 60-days at no additional cost if unable to resolve any issue with phone/email advice. Following this review, if you are still not satisfied we will refund your bike fit consultation fee, subject to the following:

  • any limitations identified and communicated to you during or after your consultation and/or as noted on your bike fit report (e.g. we cannot be reasonably expected to warranty a bike fit performed at your request on a bicycle that is not a good match for you).
  • compliance with all reasonable advice and recommendations, including but not limited to installation of recommended parts, strength and flexibility exercises, changes to training practices and further healthcare management where deemed appropriate and necessary to achieve your desired outcome.
  • you having disclosed information that materially impacts on the bike fit decision-making process when asked, or that which you could have been reasonably expected to provide, during or prior to your bike fit consultation (e.g. relevant injury and medical history)
  • where symptoms arising from injury, other musculoskeletal conditions and medical problems are present, our guarantee is limited to circumstances where worsening or exacerbation of symptoms has occurred that is directly attributable to cycling on the bike we fitted

Please note that transient muscle soreness or short term negative impacts on performance may be experienced during a period of physical adaptation to a new position. Most issues of this nature are relatively minor and diminish significantly within a few weeks of regular riding. We therefore ask that you give your body a chance to settle into the new setup before requesting a review.

Privacy Policy

Effective date: April 16, 2020

Cycle Dynamics (“us”, “we”, or “our”) operates the https://cycledynamics.physio website (hereinafter referred to as the “Website”) and provides cycling-related physiotherapy services (hereinafter referred to as “Services”).

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Website and/or utilise our Services, and the choices you have associated with that data. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully.

We use your data to provide and improve the Website and our Services. By using the Website and/or utilising our Services, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://cycledynamics.physio/legal_pages/terms-and-conditions/.

Definitions

  • Website: The Website is the cycledynamics.physio website operated by Cycle Dynamics.
  • Services: Services are cycling-related physiotherapy services (including cycling assessment and bike fitting) provided by Cycle Dynamics.
  • Personal Data: Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
  • Usage Data: Usage Data is data collected automatically either generated by the use of the Website or from the Website infrastructure itself (for example, the duration of a page visit).
  • Cookies: A cookie is a small file placed in your web browser with a small amount of data which may include an anonymous unique identifier and that collects information about your web browsing behaviour.
  • Data Controller: Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
  • Data Processors (or Service Providers): Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
  • Data Subject (or User): Data Subject is any living individual who is using our Website and/or Services and is the subject of Personal Data.

Website

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Website to you.

Types of Data Collected

Personal Data

While using our Website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Name
  • Company name
  • Email address
  • Phone number
  • Billing and shipping addresses
  • Credit card details
  • Survey responses
  • Support queries
  • Contact form and blog comments
  • Social media handles

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.

You can review, correct, update or delete your Personal Data on the Website by either logging into your account (if you have created one) and making the changes yourself, or by contacting us directly to do so.

Usage Information

We may also collect information on how the Website is accessed and used (“Usage Data”). This Usage Data may include information such as:

  • Your computer’s Internet Protocol address (e.g. IP address)
  • Your browser type and version
  • The pages of our Website that you visit
  • The time and date of your visit
  • The time spent on those pages
  • Unique device identifiers
  • Other diagnostic data

Tracking & Cookies Data

Our website uses cookies and similar tracking technologies to analyse activity on our Website, provide social media sharing and liking functionality and help us provide a better website visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website visitors through third party services such as Google Adwords and Facebook Adverts. These ads may appear on this website or other websites you visit.

Cookies are sent to your browser from a website and stored on your device. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any Personal Data (e.g. name, address, email address or telephone number). Other tracking technologies are also used such as beacons, tags, pixels and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Cycle Dynamics uses the collected information for various purposes.

Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.

Any information you choose to make publicly available, such as blog comments on our website, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information.

Personally Identifiable Information

We use the information we collect to deliver our Website to you, including:

  • Communicating with you
  • Providing technical support
  • Sharing useful content
  • Measuring customer satisfaction
  • Diagnosing technical problems
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Non-Personally Identifiable Information

We also use the information we collect in aggregated and anonymised forms to improve our Website, including:

  • Administering our website
  • Producing reports and analytics
  • Advertising our products and services
  • Identifying user demands
  • Assisting in meeting customer needs generally

General Data Protection Regulation (GDPR)

Legal Basis for Processing Personal Data under the GDPR

If you are from the European Economic Area (EEA), Cycle Dynamics’ legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Cycle Dynamics may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it is not overridden by your rights
  • For payment processing purposes
  • To comply with the law

Your Data Protection Rights under the GDPR

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Cycle Dynamics aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Cycle Dynamics relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Service Providers

We may employ third party companies and individuals to facilitate our Website (“Service Providers”), provide the Website on our behalf, perform Website-related services or assist us in analysing how our Website is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics Providers

We may use third-party Service Providers to monitor and analyse the use of our Website.

Web analytics

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Website. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

You can opt-out of having made your activity on the Website available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page.

Behavioral Remarketing

Google AdWords

Google AdWords remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page.

Google also recommends installing the Google Analytics Opt-out Browser Add-on for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page.

Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation

Payments

We may provide paid products and bookings within the Website. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy.

The payment processors we work with are:

Stripe

Stripe is used to process payments on our online store. Their Privacy Policy can be viewed here.

Halaxy

We use Halaxy for physiotherapy practice management which includes functionality for booking appointments online where a booking deposit may be taken. Their Privacy Policy can be viewed here.

Links to Other Sites

This Website may contain links to other websites. These links are meant for your convenience only and do not constitute sponsorship or endorsement or approval of these websites.

Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information.

This privacy policy applies solely to information collected by this website.

Children’s Privacy

Our Website does not specifically address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.

Services

We collect several different types of information for various purposes to provide and improve our Services to you.

Types of Data Collected

Personal Data

When providing you with our Services, we may ask you to provide health, medical and social information, including but not limited to:

  • Current and past injury history
  • Medical and surgical history
  • Medications
  • Medical and imaging reports
  • Employment status
  • Family history
  • Physical activity

Use of Data

Cycle Dynamics collects information from you for the primary purpose of providing you healthcare so that we may properly assess, diagnose, treat and be pro-active in your healthcare needs.

Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.

Personally Identifiable Information

We may use the information you provide in the following ways:

  • Administrative purposes in running the practice.
  • Billing and collection purposes, including, but not limited to, compliance with Private Health Fund, Medicare and Health Insurance Commission requirements.
  • Disclosure to others involved in your health care, including treating health practitioners, doctors and specialists outside this practice, as well as when referring for medical imaging. This may occur through written reports and referrals, verbal communication, and in the reports or results returned to us following referral.

Non-Personally Identifiable Information

We also use the information we collect in aggregated and anonymised forms for:

  • Teaching and quality assurance activities to improve individual and community health care
  • Practice management
  • Clinical research (additional consent would sought from you for any such use)

Service Providers

We may employ third party companies and individuals to facilitate our Services (“Service Providers”), perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Practice Management

Providers we use in relation to managing our practice and providing our Services are as follows:

Halaxy

We use Halaxy for physiotherapy practice management which includes functionality for booking appointments online, payment processing and storage of clinical records. Their Privacy Policy can be viewed at https://www.halaxy.com/article/privacy.

We will not store or collect your payment card details. That information is provided directly to Halaxy whose use of your Personal Data is governed by their Privacy Policy.

Physitrack

We use Physitrack for provision of exercise prescription and telehealth services, and have elected to integrate their service with our Halaxy account. For information on the Personal Data collected by Physitrack and how it is handled by them, please refer to their Privacy Policy.

Tyro

We use Tyro for electronic claiming of Private Health Insurance claims and EFTPOS facilities. Their Privacy Policy may be accessed here.

Website and Services

Retention of Data

Cycle Dynamics will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Cycle Dynamics will also retain Website Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside Australia and choose to provide information to us, please note that we transfer the data, including Personal Data, to Australia and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Cycle Dynamics will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Disclosure for Law Enforcement

Under certain circumstances, Cycle Dynamics may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court, government or law enforcement agency).

Disclosure for Other Legal Requirements

Cycle Dynamics may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Cycle Dynamics
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in good faith and where required by any of the above circumstances.

Security of Data

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on our secure servers from unauthorised use or access. Credit card information is encrypted before transmission and is not stored by us on our servers.

Whilst the security of your data is very important to us, no method of transmission over the Internet or method of electronic storage is 100% secure. We therefore cannot guarantee the absolute security of your Personal Data.

Complaints

Should you have a privacy-related complaint, please contact us via our contact form and we will respond in a reasonable period of time following a review of the complaint. If you feel that we have not adequately addressed your complaint, then to the extent permitted by applicable law you may elect to contact the Privacy Commissioner or other relevant regulatory body in your jurisdiction.

Privacy Officer Contact

If you would like to update your contact preferences, ask us to remove your data from our mailing lists or submit an access request for personal information collected through our website or our products or services, please contact us via our contact form and our the Privacy Officer will respond to your request, subject to any applicable legislative requirements and limitations.

Such requests must be in writing and contain the following information:

  • The name and contact details of the data owner;
  • The data protection right to be exercised; and
  • A description of the applicable personal information.

To assist us in responding to your request, please be as detailed and specific as possible.

Changes to This Privacy Policy

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website.

Please return periodically to review our Privacy Policy.

Contact Us

If you have any questions about this Privacy Policy, please contact us via our contact form.

Terms and Conditions

Last updated: April 30, 2020

Cycle Dynamics (“us”, “we”, or “our”) operates the https://cycledynamics.physio website (hereinafter referred to as the “Website”).

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.

By accessing or using the Website you agree to be bound by these Terms, which together with our Privacy Policy and Disclaimer, govern our relationship with you in relation to your use of the Website. If you disagree with any part of the terms then you may not access the Website.

For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Cycle Dynamics. “You” and “Your” refers to you, the client, visitor, website user or person using the 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 the Service to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use the Website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Cycle Dynamics’ rights and obligations to each other.

Limitation of Liability

It is an essential pre-condition to you using the Website that you agree and accept that Cycle Dynamics 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 the Service 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 the 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.

Competition and Consumer Act

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), Cycle Dynamics’ 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.

You must be over 18 years of age to use the Website and to purchase any goods or services.


Products

Delivery of Goods

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery typically takes between 2 and 14 days for shipments within Australia, depending on the delivery option. 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 Cycle Dynamics.

Overseas shipments may take longer than 14 days. Any duties, taxes or other costs incurred during import are the sole responsibility of the buyer.

In the event that an item is lost or damaged in the course of delivery, Cycle Dynamics asks that you:

  1. Contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
  2. Contact us using the contact form on this website outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

Test Products

Where test products are available (e.g. test saddles), the full price for the retail product will be billed for upfront. In the event you do not wish to not proceed with the purchase then this amount is fully refundable upon return of the test product in good condition, fair wear and tear excluded. Should the demonstration product be lost or damaged then money paid will be retained by Cycle Dynamics so please take care.

Ex-Demonstration Products

From time to time, Cycle Dynamics may have available products that have been previously installed for fitting/testing purposes during bike fit consultations, resulting in minor marking or other superficial signs of use. Under these circumstances the product/s will be made available for sale at a discounted rate. We will make you aware of any such marking or signs of use prior to sale and by accepting the discount you agree to accept the condition of the product.

Returns, Exchanges and Refunds

Cycle Dynamics handles returns, exchanges and refunds in accordance with the Australian Consumer Protection legislation. If an item you purchased does not meet Consumer Guarantees under this legislation then please notify us of your wish to seek a remedy via the Product Return Form. You may choose or we may offer, depending on the nature of the problem, an appropriate remedy such as repair, replacement or refund (see here for information on remedies to meet guarantee standards).

Cycle Dynamics is not obligated to offer returns for exchange or refund for reasons not covered by Consumer Guarantees (e.g. where you have simply changed your mind). Should you wish to return an item for such a reason, please submit a request within 30 days of purchase via the Product Return Form. If we accept your request then to qualify for a full refund or exchange for full value, unused goods must be returned with all parts and packaging in good condition. We may, at our discretion, permit the return of items that have been opened and installed but reserve the right to charge a restocking fee under these circumstances (the amount being judged on a case-by-case basis with both the condition and re-saleability of the item being taken into account).

Please do not send the product back without first receiving confirmation from us that your return request has been approved. All costs incurred in the process of returning the product/s (e.g. freight/postage charges, shipping insurance) are your responsibility. Any refunds will be processed promptly and payment made by the same method that you made payment following our receipt of the goods.


Bookings and Consultation Fees

Bookings

Appointments may be made online via Halaxy or by contacting us directly (online bookings are preferred).

Payment

Payment in full is required at the end of each consultation unless a prior agreement has been made.

If a third party is to fund all or part of your physiotherapy management with us, written confirmation to this effect and any applicable documentation must be provided in order for us to bill them directly. Until such documentation is received by Cycle Dynamics you agree to pay all fees. In the event that a third party denies payment, you will be responsible for settling the account with us directly.

Our current fee schedule is available here.

Billing of non-fixed price (hourly rate) services

Where a consultation fee is noted as being billed on an hourly rate, the final fee will be calculated using our standard rate at the time of confirmation of your booking. Upon request, we will provide an estimate for the time and cost involved in providing the service. Estimated fees are not binding and any cap we may place on these is contingent on you being as complete and accurate as can reasonably be expected with information requested. You may request additional work to be performed during your consultation but this will be subject to time availability and may result in additional cost.

In the event unforeseeable issues outside of our control that interfere with our capacity to provide the service within the estimated time arise, we will inform you whether the problem is within our capacity to address. If so then to the extent possible under the circumstance, we will estimate the additional time/costs that may need to be charged so that you may make a decision as to whether you would like to proceed. Should we be unable to rectify the issue in order to allow the original service to proceed then we will only bill for the time up to the point at which we began attempting to address the problem. Likewise, should we determine that outside services are required to address the issue then we will only bill for the time used until that point (stated minimum fees apply).

Cancellation / Non-Attendance Fees

Late cancellations and failure to attend without notice negatively impacts Cycle Dynamics ability to operate as a business and denies appointment times to others who may have been able to attend. Cycle Dynamics therefore reserves the right to charge a fee for late cancellations and for failure to attend without notice, this being equal to 50% of the consultation fee. Where the consultation involved is subject to time-based billing (i.e. hourly rate), the stated minimum fee will apply. Unless quoted otherwise in writing, the minimum fee will be that listed for the relevant service on our website at the time of booking.

To avoid these fees, please provide notice of your intent to cancel or reschedule by 5pm the day prior for morning appointments and by 7am on the day for afternoon/evening appointments. Where possible, we would appreciate more notice than this (ideally >48hrs) so that we may have a better chance of filling your cancelled appointment slot.

By making an appointment you agree to pay any cancellation or non-attendance fees as detailed above and acknowledge that failure to pay may result in debt recovery action being taken. If extenuating circumstances are present then we may elect to waive the fees at our discretion.

Please note that third party payers (insurers, Medicare etc.) are not responsible for late cancellation and non-attendance fees.


Links to Other Websites

Cycle Dynamics may from time to time 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 Cycle Dynamics and the owners of those websites. Cycle Dynamics takes no responsibility for any of the content found on the linked websites.

Our website may contain information or advertisements provided by third parties for which Cycle Dynamics 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.

Disclaimer

To the fullest extent permitted by law, Cycle Dynamics absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Cycle Dynamics 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 the Service, 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 provided, or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Cycle Dynamics 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 the Service or any products or services that may be offered through it. It is your responsibility to do so.

The Service is provided on an “AS IS” and “AS AVAILABLE” basis.


Your Privacy

At Cycle Dynamics, 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.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Cycle Dynamics’ secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access.

Credit card information is not stored by us on our servers.

Third Parties

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

Disclosure of Information

Cycle Dynamics may be required, in certain circumstances, to disclose information in good faith and where Cycle Dynamics 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.


Exclusion of Competitors

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Cycle Dynamics. Cycle Dynamics expressly excludes and does not permit you to use or access the Service, to download any documents or information from the Service or obtain any such documents or information through a third party. If you breach this term then Cycle Dynamics 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. Cycle Dynamics reserves the right to exclude and deny any person access to the Service, services or information in our sole discretion.

Copyright, Trademark and Restriction of Use

The Service 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. You are not permitted to reproduce the documents, information or materials on the Service for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on the Service.

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

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the Service as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Whole Agreement

These terms and conditions represent the whole agreement between you and Cycle Dynamics concerning your use and access to the Service and your use and access to the documents and information contained 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.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Jurisdiction

This agreement and the Service are subject to the laws of Queensland and Australia. If there is a dispute between you and Cycle Dynamics that results in litigation then you must submit to the jurisdiction of the courts of Queensland.

Contact Us

If you have any questions about these Terms, please contact us.

Disclaimer and Copyright Notice

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

Website Disclaimer

The information contained in this website is for general information purposes only and is provided by Cycle Dynamics (cycledynamics.physio). While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of cycledynamics.physio. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Cycle Dynamics takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Equipment Disclaimer

While we at all times abide by warranties required by Australian Consumer law, we do not warrant that any product you choose to purchase from our website is suitable for your specific and personal requirements.

To the maximum extent permitted by law, all warranties, terms and conditions and any duty of care which otherwise may arise or be imposed on Cycle Dynamics including any liability to any person in connection with the products which are hereby excluded. Except as expressly stated and to the full extent permitted by law, our products are provided ‘as is’ and on an ‘as available’ basis without any representation, warranty of any kind whether express or implied, including but not limited to warranties of merchantability or fitness for any particular purpose.

We believe our products are the best we have found as being most helpful to and for our clients and patients. Please note that any information or products contained on or sold through our website do not take into account your individual health, medical, or physical situation or needs. It is not a substitute for treatment, examination, advice, treatment of existing conditions or diagnosis and is not intended to take the place of proper medical advice from a fully qualified medical practitioner. We recommend having or requesting a personal consultation prior to purchasing any of our equipment and products to ensure the appropriateness of any information and the product for your specific needs if you are unsure of your specific requirements. You are responsible for consulting a suitable medical professional before any purchase where appropriate, and if you have any questions prior to your purchase, please ensure you ask us or request a consultation prior.

Copyright Notice

This website and its contents are the copyright of Cycle Dynamics – © 2019. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.