Terms of Service

TERMS OF USE (OUR SERVICES AND OUR WEBSITE) – BIONIK WELLNESS

These Terms of Use apply to Bionik Wellness NSW PTY LTD trading as Bionik Wellness ACN 644 110 341, (“us”, “we”, or “our”) website (https:// www.bionikwellness.com.au//) (Our Website) and the ordering, payment and participation in programs or training that we offer via Our Website (Our Services).

These Terms of Use also apply to the content or material contained on Our Website, accessed via links from Our Website or that we provide to you, including information about how to book and pay for Our Services and refund and cancellation policy and other material relating to Bionik (Our Information).

In these Terms of Use, use of the terms ‘Bionik Wellness or Bionik’, ‘we’, ‘us’ and ‘our’ refers to Bionik Wellness as the owner of Our Services and the provider of Our Information, and the terms ‘you’ and ‘your’ refer to the user or viewer of Our Services or the user of Our Information.

Persons under the age of 18

Our Services are designed for use by persons under the age of 18. We provide Our Services to persons under the age of 18 (Minor) where a parent or legal guardian agrees to these terms and conditions on behalf of the Minor. If we are not satisfied that a parent or legal guardian has agreed to these terms and conditions on behalf of a Minor, we may choose not to commence providing Our Services to you or if we have commenced providing Our Services to you, suspend and/or cease providing Our Services to you, and/or terminate these terms and conditions with you.

Deemed acceptance

It is intended that these Terms of Use are legally binding on you and us. By accessing or using Our Services (including Our Information), you are deemed to accept these Terms of Use, which together, with our Privacy Policy for a binding contractual agreement with you.

We may change Our Services, Our Information or these Terms of Use at our discretion and without notice. By continuing to use Our Services or access Our Information, you accept the Terms of Use as they apply from time to time.

Your use of Our Services and access to Our Information and any dispute arising out of such use of Our Services is subject to the laws of New South Wales.

If you do not agree with these Terms of Use, we cannot provide Our Services to you. Moreover, if you do not agree with these Terms of Use and you are visiting Our Website, you should navigate away from Our Website immediately.

Sign-up information and passwords

By signing up to the Services, you agree that all information provided during the sign-up process is true and accurate and you will update this information in order to keep it current, complete and accurate.

During the sign-up process, you will be asked to select a password for your account (Membership). You agree to keep your password confidential at all times and must not disclose it to any third parties.

You agree to be fully responsible for activities or transactions that relate to your Membership account or your password. If you have reason to believe that your password has been obtained by someone else without your consent, you must inform us immediately to disable your account.

We will not be liable for any losses associated with your accounting being hacked and your personal information being made publicly available.

All information we obtain about you in connection with the subscription process and your subsequent use of the Site and Services is subject to our Privacy Policy.

We reserve the right to reject any application for membership by anyone for any reason.

Conditions of participation

We comply with all regulations as they apply to Our Services including those imposed by COVID 19. You must comply with those regulations as well. This includes:

social distancing of 1.5m between others
washing and sanitising hands
staying home if unwell or showing signs of the virus
staying home if tested positive or are awaiting test results.

We reserve the right to refuse to provide you with Our Services if you if you do not comply with our reasonable directions for compliance with those regulations that we must enforce.

We also reserve the right to refuse entry or eject you if we reasonably believe you are intoxicated and have or may pose a danger to yourself or others or are a nuisance to others in any way.

You must:

follow our directions or the directions of our employee or contractors or artists;
not interfere with the quiet enjoyment of Our Services by other customers;
not be rude to any person whilst participating in Our Services;
dress appropriately for Our Services;
not smoke in or about the premises at which Our Services are held;
not take photographs or video without the express permission of the subject including those surrounding the subject who may be caught in the photo or video.

If you breach any of these conditions of entry in any way, we reserve the right to eject you from participating in Our Services and/or the premises and in such case, no refund in part or full will be given.

In addition, you:

represent and warrant that you are fit and in good health and are able to participate in Our Services;
will undertake any necessary physical and/or medical examination we might require to determine your fitness to participate in Our Services;
not doing anything which might bring us into disrepute;
abide by and comply with our rules and regulations as they relate to Our Services;
to comply with all of our reasonable directions including but not limited to directions associated with Our Services, attendance, behavior and dress.

Purchase, payment and supply of our services

Our Services are listed on our Website (Treatments). The price for each Treatment is on Our Website. These prices may change from time-to-time. Unless otherwise specified the price includes any value added tax such as GST. We accept those forms payment we offer to you when you checkout the payment of your Treatment.

Your access to and use of the Services commences on the day that we approve your registration and/or membership application.

You must pay for Our Services or specific Treatments in accordance with the payment terms we prescribe Our Website from time to time. We reserve the right exclude you from participating in Our Services where you have failed to pay all or any part of Fees due and payable to us.

If the direct debit option is taken, your membership fees will be direct debited from your nominated bank account or credit card. By nominating a credit or debit account, you authorise us to deduct from that account all fees and other charges you are responsible for under these Terms.

It is your responsibility to ensure that you have sufficient funds in your nominated bank account when the weekly payments are to be direct debited. If there are insufficient funds in your nominated bank account, or there is another reason your account was unable to be debited, you will be responsible for our administration fees and or collection fees. We may charge a late fee if your payment is not made on the due date.

We are not responsible or have any control over any third-party merchant facilities (such as Stripe). You acknowledge and agree that we will not be liable for any loss or damage arising out of their use of a third-party payment gateway. We advise that you should read and understand the terms and conditions of the third-party merchant facilities before using them.

You must tell us if you are transferring or closing your account or card, at least seven (14) days before your next direct debit. You must also tell us about any changes to your account or credit card, such as an expiry date or number, at least seven (14) days before your next direct debit.

We review our Fees periodically and may change the Fees from time to time. Your Fees may be increased at our discretion of and at any time, subject to thirty (30) days written notice. It is your responsibility to ensure that we have up to date contact information for you. Where we have made a reasonable effort to let you know about a Fee increase, you authorise us to increase any direct debits from your nominated bank account or credit card. You may elect to terminate your Membership if you do not agree to our Fee change.

The Fee for a Treatment including all taxes and charges are specified on Our Website and must be paid for in advance of your Treatment via our Website. Until you pay the Fee you do not have any right to attend or receive a Treatment from us.

We reserve the right to cancel or suspend your access to the Services without notice if you fail to pay any payment by the due date for payment. We reserve the right to deduct these membership dues from your nominated bank account or credit card provided to us at any time without notice to You.

You may elect to change your Membership type if you are outside of the 3 month minimum term.

Cancellation, refunds & rescheduling a treatment

We have certain rules for the cancellation, refund or rescheduling of a Treatment. If you need to do any of these things you should contact us via Our Website.

In general:

Treatments are not transferable to other individuals and are solely for the original purchaser.
We require at least 24 hours’ notice to be given for any appointment cancellation.
If you cancel within 24 hours of your appointment, or do not attend a booked appointment, we reserve the right to retain your payment or deposit.
In the case of pre-paid treatments, the full cost of treatment will be forfeited.
Your experience is important to us. Refunds will be provided where required in accordance with the Australian Consumer Law. We want you to be a satisfied customer so if our service or product is faulty it may either be replaced or refunded. We do not refund for change of mind or no show/late cancellation.
Our procedures and products may not be suitable for you and whilst all due care and skill is exercised in treating our clients ultimately it is your responsibility to determine if the product or treatment is right for you.
For us to provide you with a great service it is fundamental that you provide all information requested in completing consent forms or advising us of any factors that may affect your treatments. You also need to have realistic expectations of the results of treatment. We encourage you to work with your therapist or health professional on what you can achieve with your treatment.
If you arrive late for a treatment, your treatment may be cut short to maintain our work schedule.

Prepaid Treatment

If you pre-pay for treatments or buy a package deal, you will save an amount according to the specific offer. There is no refund on pre-payments, and they are not transferable to other individuals or treatment.
Pre-pays have a 06-month expiry date from the date of purchase.
24 hours’ notice is required for any pre-paid appointment cancellations. If you cancel a pre-paid appointment within 24 hours, or do not attend the appointment, the treatment will be forfeited.
You agree to these terms by purchasing pre-paid treatments.

Purchases made through the Bionik App or online via our Portal

Treatments and gift cards purchased online by you through the Bionik Website Portal, continue to be regulated by Bionik Wellness NSW PTY LYD conditions of use; privacy policy; cancellation and refund policy.
Treatments and gift cards purchased online are not transferable to other individuals or treatment.
24 hours’ notice is required for any online purchased treatment appointment cancellations. If you cancel an online purchased treatment appointment within 24 hours, or do not attend the appointment, the treatment will be forfeited.
Refunds will be provided where required in accordance with the Australian Consumer Law. We want you to be a satisfied client so if our service or product is faulty it may either be replaced or refunded.
We do not refund for change of mind; however, we may use our discretion if we believe the treatments purchased by you, cannot be provided to you.
Any request for a refund by you, for treatments purchased online through our website customer portal or mobile app, must be made in writing, and issued to: teambionik@www.bionikwellness.com.au, for our review. Bionik Wellness NSW PTY LTD may decide, upon review of your written request, whether a refund is required.

In some circumstances we may have to cancel your Treatment (for events outside our control, a lack of attendees or a cancellation due to a government direction). Where we cancel your Treatment, we will provide you with a credit voucher which enables you to book into any upcoming Treatment within the next 10 days from the original Treatment date. This policy includes a cancellation by us where we are directed to do so by any government or statutory authority for any reason, including COVID-19.

If you are late for a Treatment, the Treatment will be shortened so that you finish your Treatment at the same time you would have had you not been late.

Prepaid treatments

Subject to ACL, we do not give refunds for the purchase of any prepaid treatment or package deal (Packages).

All Packages must be used with 6 months of purchase. No Package or Treatment is transferable and are personal to you.

Gift cards

Subject to ACL, we do not give refunds for the purchase of any gift card (Gift Card).

All Packages must be used with 6 months of purchase. No Package or Treatment is transferable and are personal to you.

Promotions and competitions

All promotions and competitions are governed by their own terms and conditions.

Membership on hold

If You wish to suspend Your membership, you may notify us of your request in writing or by completing the forms required by us. You must provide us with one full calendar month notice in writing. You will not be able to use the facility whilst your membership is suspended, and you must ensure your fees are up to date and you do not owe us any money.

The minimum suspension period is one full calendar month, with a maximum of three full consecutive calendar months.

Suspension periods will not count towards your minimum term and will extend any applicable minimum term by the number of suspended months taken. Membership may not be suspended during the notice period of a cancellation request. We cannot backdate any time suspension requests. You must request a suspension when you need it. We cannot accept pro-rata payments or suspend your direct debits outside an official time suspension.

Our Location

Full details of our opening hours are available on the Website. We reserve the right to vary hours, and/or to temporarily close certain areas of our facility from time to time without notice for the purpose of cleaning, decorating, repairs, renovations or for special functions, press events and holidays.

Risk Warning

Before you participate in Our Services, you should ensure that you are aware of, and properly understand, all of the risks involved in Our Services, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which you suffer.

By signing participating in Our Services, you acknowledge, agree and understand that you engage or participate in Our Services voluntarily and at your own risk in full knowledge of the risks generally.

If you are a Minor and your parent, guardian or responsible person performing parenting responsibilities has agreed to these terms and conditions, such person acknowledges and agrees that they have explained to you that Our Services may involve risks generally.

By participating in Our Services, you also acknowledge, agree and understand that the risk warning above constitutes a formal 'risk warning' for the purposes of the relevant legislation, including for the purpose of:

Section 5M of the Civil Liability Act 2002 (NSW);
Section 5I of the Civil Liability Act 2002 (WA);
Section 48 of the Consumer Affairs and Fair Trading Act (NT);
Section 43 of the Civil Law (Wrongs) Act 2002 (ACT);
Section 15 - 20 of the Civil Liability Act 2002 (TAS);
Section 31 - 39 of the Civil Liability Act 1936 (SA);
Section 50 of the Wrongs Act 1958(VIC); and/or
Section 13 - 19 of the Civil Liability Act 2003 (QLD).

Section 139A of Competition and Consumer Act, 2010 (Cth) permits us to ask you to agree that the statutory guarantees under the Australian Consumer Law (Cth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services to engage in Our Services).

By participating in Our Services, you acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)):

your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue us, its servant and agents, in relation to Our Services if Our Services or associated services were not provided to you in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and
you (or the person for whom or on whose behalf you are acquiring the services) release us, our servants and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill.

The Australian Consumer Law (ACL) protects consumers by giving them certain guaranteed rights when they buy goods and services. For example, the ACL requires that goods must be free of defects and do what they are meant to do. Services must be carried out with care and skill. These rights, which the ACL says automatically apply whenever goods or services are supplied to a consumer, are called consumer guarantees (Consumer Guarantees).

Under the ACL, these Consumer Guarantees cannot be excluded. You are entitled to a replacement or refund for a major failure in the delivery of Our Services to you.

These Terms of Use are subject to the ACL and we do not limit your ACL rights in any way. To the extent permitted by law, our liability for failure to comply with Consumer Guarantees required by Part 3-2 of the ACL is limited to the supply of services again.

Liability waiver

You hereby waive and release, indemnify, hold harmless and forever discharge us and our agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for your benefit provided that this waive of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.

You understand that the activities, in which you will participate, are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. You and your heirs, assigns, administrators, executors and next of kin, waive all claims of damage, injuries and death sustained to you or your property, that you may have against us to such activities, including claims in tort, contract, equity or otherwise.

You acknowledge, agree and represent that I understand the nature of Our Services and you represent that you are in good health and in proper physical condition to participate in Our Services.

By this waiver, you agree that you assume any risk, and take full responsibility and waive and of personal injury; death, damage, or loss of personal property, associated with Our Services.

The provision of this waiver and release will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for your benefit of whether by agreement, by operation of law, or otherwise.

You have read, understood and fully agree to the term of this waiver and release. You understand and confirm that by participating in Our Services you have given up considerable future legal rights.

Disclaimer of warranties

No representation or warranty (express or implied) is made as to the currency, completeness, accuracy, reliability, suitability, and/or availability of Our Information or Our Services. In no way are we liable for loss or damage or theft of any personal items.

Our Services are provided on an “as is” and “as available” basis. We disclaim any warranties, express, implied or statutory, that may be expressed or implied by law regarding our Services, including warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement. You understand and agree that you use our Services at your own discretion and risk and that you will be solely responsible for any loss or damages (including personal injury or death) that results from the use of our Services including any claim, liability, loss or damage arising out of the consumption of alcohol.

To the maximum extent permitted by law, Bionik Wellness expressly disclaims all liability (including for negligence) for any loss, damage, injury, expense or costs incurred by you arising out of accessing, downloading, using Our Services including attending a Treatment or relying on any of Our Information.

In no event will we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if you have been previously advised of the possibility of such damage.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

As a condition of your access to and use of Our Website and/or attendance to a Treatment, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:

your access to and use of Our Website, Our Services and Our Information; and
your violation of these Terms of Use and any applicable law or the rights of another person or party.

Release

In the event that you have any claim or action against any other member arising from that member’s use of our Website or the Service, you agree to pursue such claim or action independent of and without any demands from us, and you release us from all claims, liability and damages arising from or in any way connected to the claim or action. In the event that a claim or action is brought against us from your activities or use of the Website or the Services, including any breach by you of these Terms or any charges or complaints made by the other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter at our sole discretion.

Social Media

If you are using internet and social media in our facilities, you must abide by the terms of use and rules and use the internet and social media channels accordingly.

You are personally responsible for the content that you publish online, whether in a blog, social network or social computing site or any other form of user-generated media.

Third-party services

We may engage third-party Treatment providers for things such as (this list is not exhaustive):

online booking systems;
messaging by email, SMS, or other means;
payment processors such as PayPal or Stripe (collectively Third-Party Services).

Bionik Wellness does not specifically endorse any Third-Party Treatment. Each Third-Party Treatment has its own terms of Treatment and privacy policy and you should go to the website of each Third-Party Treatment and read their terms of Treatment and privacy policy.

Default and termination

If at any time you are in breach of these Terms, we may issue a notice to you setting out details of the default and requiring you to remedy such default within a period of not less than 7 days from the date of the default.

If you fail to comply with a notice, we may at our election by further notice to you:

suspend the supply of any Services to you until such time as you remedy all applicable breaches; and/or
suspend or block access to the Services and/or the Website;
cancel any membership which remains unfulfilled.

We shall be entitled to recover from you, and you indemnify us against, all costs, loss and damage suffered or incurred by us (including recovery agent fees and legal costs on an indemnity basis) in connection with any breach of these Terms.

Copyright

All intellectual property rights in Our Information or Our Services, including, but not limited to, text, graphics, architecture and coding (including any copyright subsisting in them), is owned by Bionik Wellness.

You may access and download Our Information where available, but may not, subject to a use for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968 (Cth), modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of Our Information or Our Services in whole or in part without the prior written permission of Bionik Wellness.

You licence to us on a worldwide, perpetual, royalty free basis any photo or recording we take at our Treatment and you grant us permission to use this licence in our marketing in any manner whatsoever. This may include an image of you. If you do not want an image of you taken, please advise us in advance.

Links to other websites

Our Website may contain links to other websites. These links are provided for your convenience only.

Bionik Wellness does not specifically endorse any organisation, association or entity referred to in, or linked to, Our Website. Views or recommendations provided in linked websites do not necessarily reflect those of Bionik Wellness and Bionik Wellness has no responsibility for the content of the linked website(s). It is your responsibility to make your own decisions about the currency, completeness, accuracy, reliability Bionik Wellness and suitability of information contained in linked websites.

You may link to Our Website, but permission is restricted to making a link without any alteration of Our Information. Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from Our Website unless express prior written permission has been obtained from Bionik Wellness.

In no event are you permitted to use Our Information to sell a product or Treatment, or to increase traffic to Our Website or any other website, application, publication, online or offline content for commercial reasons, such as advertising sales. Bionik Wellness reserves the right to prevent linking to Our Website at any time.

Using our services

Our Services may prompt you to select or provide us with certain information, such as your age and gender. Under Australian Privacy Legislation, you have the right to obtain services anonymously or using a pseudonym. Notwithstanding this, you acknowledge that the information you select or provide us must be correct in order for us provide to you Our Services. We will not be responsible if you select incorrect variables or provide us with inaccurate or incorrect information about yourself. This includes information selected or entered with the intention of providing you with anonymity or pseudonymity.

You are responsible for supplying us with accurate data and information about yourself at all times and modifying any of your information immediately when changes occur.

We do not promise that you will have continuous and uninterrupted access to Our Website or that Our Website or Our Services will be free of any harmful code, virus, or other malware. We are not responsible for any interference or damage to your device or computer.

Provision of information about you

You do not need to register or provide us with any information about yourself in order to browse Our Information on Our Website. However, in order for us to provide Our Services to you, we need to collect personal and other information about you.

Any personal data or information provided by you is processed by us in accordance with our Privacy Policy.

In the provision of personal information:

you agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate; and
you agree to the terms of our Privacy Policy.

As part of your access to and use of Our Services, you may be able to create a personal profile.

To create a profile, you will be required to provide information, including an email address and password. Depending on Our Services you use, you may also be required to provide other information relevant to your circumstances.

Appropriate usage and responsibilities

You must not use Our Website, Our Information or Our Services for any fraudulent or inappropriate purposes. You agree not to promote the unauthorised use of a third-party or to encourage the third party to use any portion of Our Website, Our Information or Our Services to transmit or upload any content that is against the law, abusive, unauthorised, harassing, obscene, slanderous, virus-containing, or is otherwise distasteful as reasonably determined by us.

You agree not to resell, reproduce, or take advantage of any part of Our Website, Our Information or Our Services by robot, spider, other automated device, or manually to monitor or duplicate any content without our express written permission.

Specific prohibition

You agree not to engage in any type of activity that negatively affects the purpose or intention of Our Website, including, but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of Our Services, in whole or in part, by, among other methods mentioned or not mentioned, subscribing another person or party without their authorisation.

You must not:

upload, post, publish, comment, email, reproduce, distribute or otherwise transmit any information (including any review of Our Services or persons associated with delivering Our Services to you) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, untrue or explicit or unnecessarily graphic descriptions of accounts of and situations pertaining to sexual acts about us, our employees or contractors;
upload, post, publish, comment, email, reproduce, distribute or otherwise transmit any content (including any review of Our Services or persons associated with delivering Our Services to you) that victimises, harasses, degrades, or intimidates us, our employees or consultants on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or harm minors in anyway;
upload, post, publish, comment, email, reproduce, distribute, or otherwise transmit any material that contains software viruses, Trojan horses, worms, or any other computer code, files or programs, designed to maliciously, whether intended to or not, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
impersonate any person or entity, falsely state or otherwise misrepresent affiliation with a person or entity;
forge or manipulate packet headers in order to disguise the origin of any content transmitted to or through this website;
intentionally or unintentionally violate any applicable local, state, or national law; and
harvest, collect or store information about other clients of Our Services.

Security, viruses, errors and availability

The internet is an insecure public network which means there are risks that information sent to or from us may be intercepted, corrupted or modified by third-parties. In addition, files obtained from or through us may contain computer viruses, disabling codes, worms or other devices or defects. You bear the risks and responsibility for any loss or damage caused, directly or indirectly, by these risks and Bionik Wellness is not liable for any interference with, or damage to, your computer system, device, software or data occurring in connection with Our Website.

Notice

Using Our Services or visiting Our Website, sending us information about yourself through Our Services, emailing us, and completing forms (whether online via Our Website) constitute electronic communications. By using Our Website or Our Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Our Website.

You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing. You must communicate with us by email: teambionik@www.bionikwellness.com.au.

Notice will be deemed received and properly served immediately when posted on Our Website, or 24 hours after an email is sent. As proof of Treatment, it is sufficient that for emails, the email was sent to the specified email address.

Force majeure

We will be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms of Use, where this arises out of circumstances beyond our control, including but not limited to:

acts of God;
natural disasters;
pandemic;
epidemic;
sabotage;
accident;
riot;
shortage of, damage to, inability to access or reduced functionality of supplies, equipment, and materials;
strikes and lockouts;
civil unrest;
computer hacking; or
malicious damage.

No Waiver

If we fail, at any time, to insist upon strict performance of your obligations under these Terms of Use, or if we fail to exercise any of the rights and remedies under these Terms of Use, this will not constitute a waiver of such rights or remedies, and it will not relieve you from compliance with your obligations.

If we waive a default, it does not constitute a waiver of any subsequent defaults.

No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.

Disclaimer

In consideration of Bionik Wellness allowing you to participate in the services, you acknowledge, understand and are aware that:

By accepting this document, you will waive certain legal rights, including the right to initiate legal proceedings and claim compensation. You are expressly advised and you acknowledge that the services we offer carry risks including risk of personal injury. You agree to participate at your own risk.

In this Agreement, our services includes but is not limited to oxygen & hydrogen therapy, red light therapy, percussive massage therapy, infrared sauna, smart lux, hot and cold compression therapy, erectile dysfunction shockwave therapy, functional magnetic stimulation (FMS) pelvic floor and functional magnetic stimulation (FMS) body and other services provided to the participant by Bionik Wellness; and injury means all forms of physical, mental and emotional injury in any way related to these services including but not limited to breaks, strains, lacerations, dislocations, exercise-induced rhabdomyolysis, heart failure, concussion, heat illness, dehydration, trauma, anxiety, fears, and death.

You have voluntarily chosen to participate in the services provided by Bionik Wellness. You understand that such services can enhance the recovery process. However, you also understand that there are inherent risks in participating in these services. I have been informed of the how the services are provided and their desired effect and the potential for unusual, but possible, physiological results including but not limited to injury. You have been advised to access the services in such a way as to minimise the risks of injury. You willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury that may result from participation in the services provided by Bionik Wellness.

You understand that participation in the services is entirely voluntary, and that you are not obligated to participate in any activity that you do not wish to do, and that it is your right to refuse such participation at any time or to end participation in a service at any time. You understand that should you feel light-headed, faint, dizzy, nauseated, or experience any pain or discomfort, you are to stop the service and inform Bionik Wellness as soon as possible. You agree to notify Bionik Wellness of any pre-existing medical condition you may have prior to the start of services. You give Bionik Wellness permission and authority to seek emergency medical services should you become injured with the understanding that you are responsible for any expenses incurred.

You agree to waive any and all claims that you have or may have in the future against Bionik Wellness, future directors, officers, employees, agents, volunteers, and independent contractors, all of whom are collectively referred to as the Releasees. You agree to release the Releasees from any and all liability for any loss, damage, injury or expense that you may suffer or incur, or that your next of kin may suffer or incur, as a result of your participation in services provided by Bionik Wellness due to any cause whatsoever including negligence, breach of contract, or breach of any statutory or other duty of case. You agree to hold harmless and indemnify the Releasees from any and all liabilities for any damage to the property of, or personal injury to, any third party, resulting from my participation in the services provided by the Releases. Australian law implies certain consumer guarantees. Those guarantees are not affected by this release.

This Agreement shall be binding upon you, your successors, representatives, executors, assigns or transferees. If any portion of this Agreement is held invalid, the remainder of the Agreement shall remain in full legal force and effect.

Severability

If any court decides that any of the provisions of these Terms of Use are invalid, unlawful, or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms of Use will continue to be valid.

Updates to these terms

We reserve the right, in our discretion, to correct any errors or omissions in any part of Our Website and Our Information. We may restrict access to parts or the entirety of Our Website and Our Services at any time, including, but not limited to, Our Information, certain features and Our Services, hours of availability, and equipment needed for access or use, without notice or liability.

Our Information and any material on Our Website may be out of date at any given time and we are under no obligation to update such material.

We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms of Use, in whole or in part, at any time. Notification of the changes to these Terms of Use will be posted on Our Website and will be effective immediately, unless expressed otherwise.

It is your sole responsibility to periodically check these Terms of Use for any changes. If you do not agree with any of the changes that we make to these Terms of Use, you should navigate away from Our Website and stop using Our Services. Your continued use of Our Website and Our Services will be deemed as your acceptance of these Terms of Use as amended by us from time to time.

We may assign or sublicense any of our rights or obligations under these Terms of Use at any time, without obtaining your consent.