DailyEd

Terms and Conditions

The terms and conditions set out below apply to subscriptions offered by DailyEd (“we”, “us”, “our”). Please read them carefully as they affect your rights and liabilities under the law and set out the terms under which we make digital subscriptions available to you. These terms will be subject to any rights you may have under consumer law to which we are bound and which cannot be waived by contract.

These terms and conditions are also subject to DailyEd’s Terms of Trading set out at the end of this document which apply to the use of our digital information network generally as it may be accessed on various internet-connected devices (such as smartphones and tablets).

By taking out a digital subscription you agree to comply with these terms and conditions as well as the DailyEd’s Terms of Trading referred to above. We recommend that you print a copy of these terms and conditions or save a copy in your computer for future reference.

We also recommend that, before you take out a digital subscription with us, you read our Frequently Asked Questions set out at the end of this document, which set out further information regarding the features of digital subscriptions and the steps you need to take to place an order for a digital subscription.

1. What is a Subscription?

A subscription entitles you to receive:

Access to DailyEd’s online content relating to health and general well-being. DailyEd’s online content includes exercise programs and regimes created by various health professionals with experience and studies in the fields of B.Sc Podiatry & Physiotherapy and Pilates.

The exercise programs and regimes created by the creators of DailyEd are general in nature and may not be suitable to all persons. It is recommended that users take necessary precautions when following DailyEd’s programs to avoid injuries.

DailyEd and its creators take no responsibility for any injuries that may arise during the use of any of its programs. By subscribing to DailyEd’s program, customers assume all risks of participating in any/all activities associated with DailyEd and release DailyEd from any liability.

It is recommended that any users with concerns about injury or pain consult with their general practitioner prior to commencing or continuing any programs created by DailyEd.

2. How can I place an order for a subscription?

DailyEd works on a subsidized subscription to make it more cost effective for users. Due to this, support resources are reduced and the creators ask users for their patience and consideration should users need support during their subscription.

You can order a digital subscription directly from us either online or over the phone.

As part of the subscription process, you will need to register for a DailyEd account using your name, date of birth, contact details and bank account details (for payment of the subscription fee). Upon registration, users will receive a verification email to confirm their details. Users must verify their account in order to access DailyEd’s online content.

Your subscription is personal to you and non-transferable. The subscription is valid for 12 months from the date of purchase. Users will receive an email 1 month prior to the expiration date with an option to renew their subscription. If the user does not renew their subscription prior to the expiration date, the users subscription is automatically terminated.

DailyEd retain all rights in relation to the content produced on the DailyEd website. If a user reproduces any content from the DailyEd website which breaches the Terms of Trading, DailyEd reserves its right to immediate terminate the user’s subscription. In the event of termination as a result of breaching the Terms of Trading, Physiotherapy reserves its right to withhold monies paid by the user for subscription fee/s.

Your order is an offer to buy from us which, if accepted by us as described below, will then constitute a binding contract. Nothing that we do or say will amount to any acceptance of that offer until we send you confirmation of your order by email.

We will not be responsible for any failure by you to receive such confirmation which results from your failure to supply us with correct contact details.

If you place an order for a subscription online, you are able to correct errors on your order up to the point at which you submit your order. After this point, we will assume that all information provided as part of your order is correct and will process your order accordingly.

We reserve the right to reject any order for a subscription without giving a reason.

3. Subscription Period and Renewals

Once your order for a subscription has been accepted, the subscription will continue and renew automatically unless and until it is ended by either of us in accordance with the terms as outlined in clause 2.

4. Privacy

You can read our Privacy Policy for details regarding how we use your personal information.

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5. Payment

You agree to pay the subscription price for the subscription. You can get details of the price and the different options for payment intervals in the Subscription Price and Payment Intervals section at the end of this document or by contacting our customer services team using the contact details in section 8 (Customer Services).

You must provide us with complete and accurate payment information at the time you subscribe. Payment for your subscription can be made by direct debit, credit or debit card. Your payments will be taken on a rolling basis and your digital subscription will continue unless and until it is ended by either of us in accordance with the terms as outlined in clause 2.

NOTE – below only applicable if providing free trials

We may offer new subscribers an initial free trial as part of their subscription. In such cases, users will get free access to the content as part of their digital subscription for the duration of the free trial period. At the end of the free trial period, you may either cancel your subscription as described in section 7 (Cancellation and Refunds) or we will begin to take payment for your subscription.

Free trial periods start when you receive your order confirmation email as referred to in section 1 (What is a Subscription?) and will continue for between 14 and 21 days up to and including the day before your first payment falls due. We will tell you the date of your first payment in the confirmation of the contract as described in section 2 (Orders for Subscriptions). A free trial period will expire as described above irrespective of whether you have accessed any content during the free trial period.

Free trials as described above, will only be available for new subscribers. This means that if you have previously benefited from a free trial (or part of a free trial) for a digital subscription, you will not be entitled to another free trial if you subsequently cancel your subscription and order another subscription at a later date.

6. Cancellation and Refunds

(a) Right to cancel during a free trial period

In addition to your legal right to cancel (in section 7(b) below), if you have applied for a free trial and have been supplied with the content as part of an initial free trial for a subscription, we also give you the right to cancel at any time during the free trial period (up to and including the day before your first payment falls due). If you wish to cancel during this period, you should telephone our customer services team using the contact details in section 9 (Customer Services). Please note that if you cancel during a free trial period and it is too late to stop the initial payment being taken, the payment will be taken and we will refund it to you.

(b) Refunds

Other than in the circumstances described in section 7(a), we are unable to refund payment unless: (a) we are unable to fulfil your subscription. If this is the case, you may cancel your subscription and obtain a proportionate refund for the unexpired part of your current subscription; or (b) there are exceptional circumstances, which we will assess on a case by case basis. If we then decide that exceptional circumstances apply we may, at our reasonable discretion, give you a proportionate refund.

If you have a query about obtaining a refund, please contact our customer services team using the contact details in section 9 (Customer Services).

7. Our Responsibility To You

We shall not be responsible for any failure by us to perform our obligations to you where this failure is caused by circumstances beyond our control. Furthermore, we shall not be responsible for any failure to deliver your digital subscription if this is due to the supply of incorrect contact details by you.

Please note that issues with your internet network operator and/or data connection with your device may mean that you are unable to access content at any particular time – this is outside of our control, and we shall not be responsible in these circumstances.

In all cases, our liability to you in connection with your subscription will not exceed the total subscription fees charged for your current digital subscription period (being in all cases a renewable period of twelve (12) months). We exclude all other liability to you to the extent permitted by law. Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.

You may have statutory consumer rights that apply to your subscription which cannot be limited, excluded or modified. Nothing in these terms and conditions limits, excludes or modifies any such consumer rights.

8. Customer Services

If you have a query or complaint about your subscription, please contact us using any of the contact details below:

Email: login@dailyed.net
Phone: +61416722921
Address: DailyEd
Suite 356,
Shop 22, 244-252 Margaret Street, Toowoomba City, 4350

9. Corporate Information

Our subscription services are provided by DailyEd. Registered office: DailyEd, Suite 356, Shop 22, 244-252 Margaret Street, Toowoomba City, 4350

10. General

We intend to rely on the written terms set out in these terms and conditions for the subscription that we provide to you. We acknowledge that you may receive written and verbal information from our customer services team which shall also be incorporated into these terms and conditions.

We may update these terms and conditions from time to time for legal or regulatory reasons or to allow the proper operation of your digital subscription. Any changes will be notified to you so that you can choose whether or not to cancel your direct debit or credit or debit card payments, and whether to proceed with your next renewal. The changes will apply to your digital subscription from your next payment date after we notify you of such changes. If you do not wish to accept the new terms and conditions you should not continue to subscribe as this will indicate your agreement to be bound by the new terms and conditions.

If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these terms and conditions.

The information in this product is governed by copyright to the distributor and is not to be copied by artificial intelligence (AI). If you wish to replicate this material please contact the owner for permission or be held legally responsible for copyright infringement.

These terms and conditions are governed by Queensland law and the parties agree to submit to the non-exclusive jurisdiction of the Queensland courts.

Frequently Asked Questions

1. Where does DailyED’s content come from? DailyED has been created and developed by Pieter Van Der Kooij. Pieter graduated from the Auckland University of Technology in New Zealand with a B.Sc of Podiatry (2007) and Physiotherapy (2012). The content comes from his studies and travels around New Zealand and Australia since then.

2. Where is DailyED based? DailyED is based online. We don’t have a physical clinic as the goal is to give clients an education about where to start and seeing local practitioners where possible. One of the videos on this website explores Physiotherapy, Podiatry, Osteopathy and Chiropracting and who is best to see and when.

3. What does a subscription give me access too? $9.99 per month subscription gives you access to all the content on the website. DailyED could charge $50 per program however, the goal is to help families in their entirety. Our main goal here is to help everyone with a holistic approach to health and helping you create health life habit and get a more well-rounded education about your body.

4. Online appointment: Online appointments will always be with a fully qualified Physiotherapist or Podiatrist.

5. Can you copy the information from the App and redistribute it as your own. DailyED holds the copyright the information on the App and doesn’t give permission to artificial intelligence (AI) or individuals to copy the information. If you wish to copy it for use in your personal life and not mass distribution this is permitted. If you wish to use this content for a business or education please contact the owner who will be more than happy to help you do this legally.

Terms of Trading

These Terms encompass the terms and conditions that apply to any contracts or other dealings that any entity which is a member of, or an associated or related entity of any one of the DailyED.

You will be notified which particular entity of DailyED that you are entering into a contract with for each individual part of project or otherwise by the name and ABN on each individual quote or invoice that you receive. For the purposes of this document, the term “DailyED” encompasses all of the entities in the DailyED PTY LTD company.

Terms

Introduction

1. DailyED is an online platform that aims to provide an information database to its customers in relation to health and general wellbeing including the provision of exercise programs and regimes.

It is agreed:

Definitions

In these Terms

Interpretation

In this Agreement, unless the contrary intention appears:

1. the terms “includes” or “including” respectively mean “includes without limitation” and “including without limitation”;

2. the singular includes the plural and vice versa;

3. a reference to any gender includes a reference to all other genders;

4. a reference to any legislation or to any provision of any legislation includes a reference to any modification or re-enactment of or any provisions substituted for such legislation or provisions;

5. if two or more persons are named as a party to this Agreement, then those persons are bound both jointly and severally;

6. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;

7. an agreement, representation or warranty made in favour of two or more persons is made for the benefit of them jointly and for each of them severally;

8. if an act required to be done under this Agreement on or by a given day is done after 5:00 pm on that day, it is taken to be done on the following day;

9. headings are inserted for convenience only and do not affect the interpretation of this Agreement; and

10. where any action is required by this Agreement to be done on a given day and that day is not a Business Day then the act is required to be done on the next following Business Day.

Provision of the services

Services to be provided

Subject to these terms and conditions, DailyED agrees to provide the Services during the Subscription Period.

Term of agreement between the parties

Subject to the terms and conditions of the Agreement, DailyED agrees to provide the Services to its customers. The Agreement/Contract term is 12 months or a monthly subscription and is subject to renewal by the customer.

Provision of online exercise regimes and/or programs

Commencement of program

The contract commences upon payment of the subscription fee by the customer.

The product requirements

1. The Product Requirements for online exercise regimes and/or programs comprise of:

   1. Step-by-step tutorials and guides

   2. Accessibility via the internet, app or website using individual log in details

2. The Product Requirements may evolve over time to incorporate any of the changes made thereto pursuant to the methods described in clause 4.2(a).  Any update made to the Product Requirements will be deemed to override any previous version of the Product Requirements.

3. If there is any dispute between the parties as to the content of the Product Requirements, then DailyED’s reasonable determination in this regard will be final and binding on the parties.

Support services

Support services

1. The Support Services will be as follows:

   1. the provision of a contact phone number or email, whereby the Client may place queries with DailyED in relation to the use of the programs, or any error in the accessibility of the website and/or programs;

   2. the attempted rectification of errors in the accessibility of the website and/or programs which are reported by the Client to DailyED.

2. The Support Services will commence upon the parties entering into the Agreement.

3. The Support Services will be provided to the Client in conjunction with the Agreement for the Subscription Period, and will automatically renew for subsequent periods of the same duration upon the Client renewing its Subscription.

4. The Client acknowledges that DailyED may refuse to provide Support Services where:

   1. the Client is in breach of this Agreement; or

   2. the error or defect reported by the Client:

      1. is determined by DailyED to not be an error or defect

      2. is outside any fair use policy in place by DailyED

Client’s responsibilities

The client will

1. meet all requirements of the Client which are specified in the Agreement;

2. assume responsibility in relation to the risks associated with any exercise regimes or programs as outlined by DailyED.
   
   

The client acknowledges and agrees that: 

1. DailyED’s delivery of the Services is dependent on the Client meeting its obligations under clause 6.1; and

2. any breach by the Client of its obligations under clause 6.1 may result in a delay, or failure, by DailyED to deliver the Services.

Fees

How fees are calculated

1. The fees are calculated on a fixed basis for the provision of DailyED’s Services during the Subscription period.

2. DailyED may at any time, increase its Fees, or the basis upon which it charges its Fees, to reflect the same increase to its standard fees and charges which it generally charges its other customers. DailyED will provide the Client with 30 days’ written notice of any increase in the Fees, and what the new Fees will be, and the increase will then take effect at the end of that 30 day period.

Payment terms

1. The Client will pay the Fees in accordance with the payment terms specified in the Agreement or as specified elsewhere in these Terms. If the Agreement or these Terms do not specify a time for payment, then the Fees will be payable within 7 days of the Client receiving an invoice from DailyED requesting such payment.

GST

1. Apart from where expressly stated to the contrary, all amounts payable under this Agreement (“Consideration”) are expressed on a GST exclusive basis.

Implied terms and disclaimer

Acknowledgements, representations and warranties

1. The Client acknowledges that DailyED has made no representations or provided any warranties that the Services will be error or defect-free.

2. The Client acknowledges that DailyED has not made and will not make any express or implied warranties in relation to the Services or any other goods or services provided by DailyED, other than those warranties expressly contained in these Terms or any Agreement.

Consequential loss

Subject to these Terms, the Client agrees that DailyED will not be liable in respect of any claim by the Client (whether contractual, tortuous, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any physical injuries arising out of or in connection with the provision of the Services or the provision of any other goods or services under any Agreement and whether as a result of any breach, default, or negligence by DailyED.

Maximum liability

Subject to these Terms, the maximum liability of DailyED to the Client for any and all breaches of any Agreement between the parties, or for any and all negligence in relation to any Agreement between the parties, will be no greater than the Fees paid by the Client to DailyED under the Agreement.

Implied warranties which cannot be excluded

1. Any of these terms and conditions which limit or exclude any term, condition or warranty, express or implied, or the liability of DailyED will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting the Client’s statutory rights or remedies arising by virtue of the breach of any implied term of the Agreement where such exclusion, qualification or limitation would be prohibited by legislation.

2. Notwithstanding this clause, for Australian consumers, DailyED’s products come with guarantees that cannot be excluded under the Australian Consumer Law.  If the Client is an Australian consumer, it may be entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.  The Client may also be entitled to have the Services repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.  For more information about these rights please go to www.accc.gov.au.

Termination of this agreement

Material breach

A party may terminate the Agreement by written notice to the other party if:

1. the other party has materially breached the Agreement; and

2. if the material breach is capable of rectification:

   1. the non-defaulting party has provided 14 days written notice to the other party specifying the nature of the alleged material breach and requesting the other party to rectify the material breach within that 14 day period; and

   2. the other party has failed to rectify the material breach within the 14 day period specified in the notice given under clause 17.2(b)(i).
      
      

Termination by DailyED

DailyED may terminate the Agreement at any time and for any reason on the provision of 30 days written notice to the Client.

Termination by the client

The Client may terminate the Agreement at any time and for any reason on the provision of 30 days written notice to DailyED.

Effect of termination

1. Upon the termination of the Agreement:

   1. DailyED will cease to provide all Services to the Client; and

   2. The Client will be liable for fees incurred in relation to the Subscription and is not entitled to a refund on a pro-rata basis or otherwise.

Disputes

Dispute resolution

1. A party who has a Dispute with another party may serve a Dispute Notice on the other party.

2. If a party serves a Dispute Notice on another party, then the party may require the other party to attempt to settle the Dispute at mediation, with a mediator chosen by both of them.  If they cannot agree on the identity of the mediator or the location and date and time of the mediation, the parties will request the President for the time being of the Queensland Law Society to nominate a mediator and the location and date and time of the mediation.  The method of conducting the mediation will be nominated by the mediator.

3. The cost of the mediator and the mediation (apart from each party’s legal costs) will be borne equally between the parties.

Other rights not affected

A party may exercise any of their rights and remedies afforded under this Agreement in addition to exercising their rights under this clause 18.  Nothing in this clause 18 will prohibit a party from instituting legal proceedings in relation to the Agreement.

Miscellaneous

Notices

Any notice given under these Terms or any Agreement must be in writing and must be signed by the party giving the notice. Unless a later time is specified in a notice, the notice takes effect from the time it is received.  A notice is taken to be received:

1. in the case of a notice delivered by hand, when so delivered;

2. in the case of a notice sent by prepaid registered post, on the fourth clear Business Day after the date of posting;

3. in the case of a notice sent by email, upon the recipient or their email server confirming receipt of the notice; and

4. in the case of a notice sent via a Project Management Tool, the date that the notice has been published to the Project Management Tool.

2. Variation

The provisions of these Terms or any Agreement will not be amended or varied, except by a document in writing signed by the parties.

Relationship of the parties

The parties acknowledge that DailyED performs its obligations in its capacity as a contractor only and in no circumstances will DailyED or its employees or agents be deemed to be the employee, servant or agent of the Client.

Subcontracting

The Client agrees that DailyED may subcontract any of its obligations arising under these Terms or any Agreement.

Costs

Subject to any term in the Agreement to the contrary, each of the parties shall be responsible for its own costs and expenses of and in connection with the negotiation, preparation, execution, stamping, registration and completion of any Agreement and of any document contemplated by the Agreement.

Unavoidable events

No failure or omission to carry out or observe any term of this Agreement will give rise to a claim by the Client against DailyED or result in a breach of the Agreement by DailyED if such failure or omission arises by reason of delay or inability to perform caused by:

1. war, whether declared or not, civil rebellion, strike, fire, storm or other severe action of the elements, accident, government, cyber crime or statutory restriction;

2. the failure of any computer software of the Client or other Third Party to inter-operate with or host the Technology;

3. the failure of a Third Party Supplier to perform their obligations in relation to the delivery of the Services;

4. the failure of any Third Party contracted by DailyED to perform their obligation to either party; or

5. from other similar causes which are unavoidable or beyond the reasonable control of the defaulting party.

Further acts

The Client will without further consideration sign, execute and deliver any document and shall perform any other act which may be reasonably necessary or desirable to give full effect to any Agreement between the parties.

Entire understanding

The documents comprising the Agreement supersedes all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of the Agreement and sets forth the entire and exclusive agreement and understanding between the parties relating to the subject matter of the Agreement.

Successors and assigns

The Agreement shall ensure to the benefit of and be binding upon each of the parties and their respective successors and authorised assigns.

No waiver

The Agreement shall ensure to the benefit of and be binding upon each of the parties and their respective successors and authorised assigns.

Partial exercise of rights

No single or partial exercise by any party of any right, power or remedy under the Agreement shall preclude any other or further exercise of that or any other right, power or remedy.

No exclusion of rights

The rights, powers or remedies provided in the Agreement are cumulative with and not exclusive of any rights, powers or remedies provided independently of the Agreement.

Severance

If any provision of the Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of the Agreement to the intent that the invalid or unenforceable provision will be treated as severed from the Agreement.

Assignment

1. The Client may not assign or novate the Agreement or any of its rights, powers or remedies under the Agreement without the prior written consent of DailyED (which may be withheld).

2. DailyED may assign or novate its rights and obligations arising under the Agreement without the prior consent of the Client.

Counterparts

The Agreement may consist of a number of counterparts, each of which when signed or  agreed to or otherwise acknowledged shall be an original and all the counterparts together shall constitute one and the same instrument.

Indemnity

Each indemnity under the Agreement is a continuing indemnity and shall constitute a separate and independent obligation of the party giving the indemnity from its other obligations under the Agreement and shall survive the execution, delivery, completion and termination of the Agreement.

Recitals

The parties acknowledge that the Recitals are true and correct and shall form part of this the Agreement.

Rule of construction

The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms or any documents making up the Agreement or part of it.

Independent advice

The Client acknowledges that it has been encouraged by DailyED to obtain independent legal advice and warrants and represents to DailyED that it has obtained such advice prior to entering into this Agreement.

Governing Law and Jurisdiction

1. This Agreement shall be construed in accordance with and shall be governed by the laws in force in the State of Queensland.

2. Each of the parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of the State of Queensland or the Commonwealth of Australia and any courts of appeal from these courts.