Terms and Conditions

About us

This website is owned and operated by Australian Physiotherapy Equipment Pty Ltd (ABN 19 131 819 693), trading as APE Medical, incorporated in Western Australia and operating since July 2008. Our registered address is Unit 1, 61 Guthrie St, Osborne Park WA 6017 and you can reach us at [email protected]. All intellectual property in the materials on this website is owned by or licensed to Australian Physiotherapy Equipment Pty Ltd and is protected by Australian copyright and trademark law.

Definitions

APE Medical, we, us and our mean Australian Physiotherapy Equipment Pty Ltd (ABN 19 131 819 693). Hirer, you and your mean the person accessing this website or placing a hire order. Website means this cold therapy hire site and all associated pages and services. Equipment means the cold therapy units and related items offered for hire.

Agreement to these terms

By accessing this website or placing a hire order you agree to be bound by these Terms and Conditions and all applicable Australian laws. We may amend these terms at any time. Changes take effect once published on this page, and your continued use of the website means you accept the updated terms.

Account registration and security

You may create an account to place and manage a hire. You are responsible for keeping your password confidential and for all activity that occurs under your account. It is a breach of these terms to register as, or represent, a person you are not authorised to represent. We may contact you to verify the validity of your account and the security of your login details.

Pricing and orders

Prices shown on this website are in Australian Dollars and include GST unless stated otherwise. Prices are subject to change without notice. Prices should be treated as an invitation to treat rather than a binding offer. Your hire order is an offer to hire, and a binding contract is formed only when we accept your order and confirm your booking. Where a pricing error has occurred, we may cancel or amend an order and will let you know promptly.

Payment and card security

Payment for your hire, any extension, any wrap purchase and the refundable deposit is taken at the time of booking. Card payments are processed by Stripe, our third-party payment provider, over an encrypted connection. We do not see or store your full card details on our systems. Your use of the payment process is also subject to Stripe terms and privacy practices.

Hire terms

Every hire is also governed by our Rental Agreement, which forms part of these Terms and Conditions. In summary, equipment is hired in two week blocks, a refundable deposit of $80 applies to every hire, delivery is free within the Perth metropolitan area, and equipment is returned in person to 61 Guthrie St, Osborne Park WA 6017. Wraps and pads are purchased rather than hired and are kept by you for hygiene reasons. You are responsible for the equipment from delivery until it is returned and accepted by us, and replacement costs apply if a unit is damaged beyond repair, lost or not returned. The full detail is set out in the Rental Agreement.

Acceptable use

By using this website you agree not to do any of the following.

• Modify, copy, decompile or reverse engineer any materials or software on the website.
• Remove any copyright or proprietary notices from any materials.
• Use the website in a way that disrupts our systems or services.
• Transmit or publish harassing, indecent, obscene, fraudulent or unlawful material.
• Use the website to send unsolicited advertising or spam.
• Harvest or collect user data without consent.
• Attempt to gain unauthorised access to any account, system or network.
• Introduce viruses or malicious code.
• Infringe the privacy, intellectual property or other rights of any person.

We may suspend or terminate access for any breach of these terms without notice.

Intellectual property

All content on this website, including text, images, logos and software, is the property of Australian Physiotherapy Equipment Pty Ltd or its licensors and is protected by Australian copyright and trademark law. You may view the content for the purpose of arranging a hire. No content may be reproduced, distributed or used commercially without our prior written permission.

Website availability

From time to time this website or content on it may be unavailable due to technical or other issues. To the extent permitted by law, we exclude liability for any loss arising from the website being unavailable.

Privacy

We collect and handle personal information in line with our Privacy Statement. Our use of cookies is explained in our Cookie Policy. Because this is a hire service for post-surgical recovery, we may collect limited health related detail such as your surgery date so we can time delivery around your recovery. Our Privacy Statement explains how that information is handled.

Third party links and services

This website relies on Stripe to process payments and may link to other third-party websites. We are not responsible for the content, privacy practices or terms of any third-party website or service, and your use of any linked site is at your own risk.

Indemnity

You agree to indemnify and hold harmless APE Medical, its officers, employees and agents against any claim, loss, damage, cost or expense arising out of or in connection with your use of this website or any breach of these Terms and Conditions.

Liability

To the extent permitted by law, we make no warranties, express or implied, regarding this website or its content. To the extent permitted by law, we are not liable for any direct, indirect, incidental or consequential loss arising from your use of or inability to use this website. Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot be excluded, restricted or modified by agreement.

Severance

If any provision of these terms is found to be void, invalid or unenforceable, that provision is severed to the extent necessary and the remaining provisions continue in full force and effect.

Governing law

These Terms and Conditions are governed by the laws of Western Australia and the Commonwealth of Australia. You submit to the exclusive jurisdiction of the courts of Western Australia for any dispute arising under or in connection with these terms.

Contact

For any questions regarding these Terms and Conditions, contact Australian Physiotherapy Equipment Pty Ltd trading as APE Medical, Unit 1, 61 Guthrie St, Osborne Park WA 6017, by email at [email protected].