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.
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.
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:
- Contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
- 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.
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.
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
Appointments may be made online via Halaxy or by contacting us directly (online bookings are preferred).
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.
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.
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.
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.
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.
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.
If you have any questions about these Terms, please contact us.