Terms & Conditions

Welcome to Empova, a trading name of Visual Ascent Pty Ltd (ACN 664 350 707) ("Empova", "we", "us" or "our"). Please take some time to read the following conditions applicable to the use and enjoyment of this website (the "site").

These terms and conditions, along with Empova's policies such as the Privacy Policy, Collection Notice, Website Disclaimer and any other customer service policies published on the site from time to time (together, the "Policies"), govern your use of the site and constitute the entire agreement between you and Empova in relation to the site. By using the site, you agree to these terms and conditions (section 2 explains how they can change).

These terms and conditions also govern how Empova will interact with you on social media sites and platforms where Empova maintains an official presence.

We may update these terms and conditions from time to time, for example to reflect changes to our services or the law. Changes apply from the date we publish them here, as shown at the top of this page, and don't apply to anything that happened before then. A change won't affect an appointment you've already booked unless you agree, or the law requires it. Past versions are available on request.

Occasionally there may be errors, inaccuracies or omissions on the site, for example in service descriptions, fees or availability. We may correct them and update information at any time. If an error affects a booking you've made, we'll let you know before your appointment, and you can cancel at no cost.

All content on this site, including without limitation text, icons and graphics, is the property of Empova or its suppliers and is protected by Australian and international intellectual property laws. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent. Nothing in these terms and conditions constitutes a transfer of any intellectual property rights.

While we make every effort to ensure that the information contained within this website is correct, to the extent permitted by applicable law, we do not warrant that service descriptions, information or other content available on or via the site is accurate, complete, reliable, current, available or error-free. We aren't responsible for loss or damage caused by relying on general information on this site, except where the law says we are.

Health and wellbeing information on this site is general in nature and is not a substitute for individual allied-health advice or medical advice. Empova provides allied-health services within professional scope. For more information, refer to the Website Disclaimer.

While Empova has tried to accurately display the colours of any products (if any are displayed), the actual colours you see will depend on your device, ambient lighting and other factors beyond Empova's reasonable control, and may not accurately reflect the colour of the product.

Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Empova.

When you choose to book an appointment, this website directs you to a secure third-party booking system hosted and operated by Cliniko, where your booking is completed.

All appointments (including in-person and telehealth services) are:

• booked through Cliniko; and
• governed by the booking terms you agree to in Cliniko, our cancellation policy, Empova's intake and consent forms, and our professional obligations, rather than by these Website Terms & Conditions alone.

Telehealth consultations are delivered using Cliniko's secure systems (or other Cliniko-approved platforms), not directly through this website. This website does not provide clinical consultations, diagnosis, or treatment.

Booking an appointment creates an appointment agreement between you and Empova. Before we provide any clinical assessment or advice, we explain the service and ask for your consent. Browsing this website doesn't on its own create a practitioner–client relationship, but our professional and legal duties apply whenever we provide a service, including the free suitability call.

Empova is not responsible for technical issues, outages, or access interruptions related to third-party platforms used for bookings or telehealth delivery, except to the extent required by law.

If you send us feedback or other content through the site or our social media pages, you keep ownership of it. If you've agreed to us publishing it, you allow us to show it on our website and channels. We may decline or remove anything that is unlawful, abusive, misleading or invasive of someone's privacy, or that breaks these terms or our professional obligations. We won't change feedback in a way that changes its meaning. Please don't include anyone else's personal or health information.

Our general policy is not to delete your comments on Empova's social media pages, even if they are very critical of us, but there are a few reasons we may take down your posts. These are:

• (a) if your post may offend anyone;
• (b) if your post attacks another contributor or Empova personnel;
• (c) if you flood our feed, making it difficult for others to get a word in;
• (d) if you post information that may endanger your privacy; or
• (e) if your post is off topic.

While we support lively, open discussion, we reserve the right to block any users who don't comply with our rules, or who are otherwise deemed to be behaving inappropriately.

Empova does not provide clinical advice, urgent support or monitoring via social media. You should not post personal health information on public pages or send urgent requests via social media messaging.

You agree that, to the fullest extent permitted by law, Empova will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any:

• (a) interruption of business;
• (b) access delays or access interruptions to the site;
• (c) data non-delivery, misdelivery, corruption, destruction or other modifications;
• (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites;
• (e) any inaccuracies or omissions in feedback or other content that users send us; or
• (f) events beyond our reasonable control.

You agree to indemnify Empova (and its officers, directors, employees and contractors) against claims, losses and reasonable costs, including legal fees, that arise because you:

• (a) misuse the site;
• (b) break these terms and conditions; or
• (c) break the law or infringe someone else's rights (including copyright, property or privacy rights).

This doesn't apply to the extent the loss was caused by our own act or omission.

Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential loss of any kind or loss of profits, revenue, loss of data, loss of goodwill, arising out of or related to the site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.

Our services come with guarantees that can't be excluded under the Australian Consumer Law.

Nothing in these terms and conditions excludes, restricts or modifies any consumer guarantees, rights or remedies that cannot be excluded, restricted or modified under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth)) or any other applicable law.

If, in Empova's reasonable opinion, you have breached any of these terms Empova may immediately issue a warning or temporarily suspend or permanently prevent your access to all or parts of the site. We may also restrict access to the site where reasonably necessary, for example for security, maintenance or to stop unlawful use.

Empova maintains links to other websites but makes no representations as to the accuracy of the material therein, and is not responsible for the content and conduct of these sites. Further, where users or Empova personnel link other websites on our site or on our social media pages does not mean that Empova endorses them or takes any responsibility for the accuracy of the content on those sites.

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this site or any material or content displayed on the site.

Empova's site is created and controlled in South Australia, Australia. These terms are governed by the laws of South Australia and the Commonwealth of Australia. This doesn't take away any rights you have under the laws of the state or territory where you live, including your right to take a matter to a court, tribunal or complaints body that can deal with it.

If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Empova's failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.