Terms of Use

Effective date: 1 September 2026
Last updated: 1 September 2026

These Terms of Use govern your access to and use of the Back To Function Chiropractic website, including its pages, forms, booking links, online features, content and any products or services made available through the website.

By accessing or using this website, submitting an enquiry, creating an account, making an online booking or purchasing a product or service through the website, you acknowledge that you have read and agree to these Terms of Use.

If you do not agree with these terms, please do not use the website.



1. About Back To Function Chiropractic

For the purposes of these Terms of Use, “Back To Function,” “we,” “us” and “our” refer to:

Business details

Back To Function Chiropractic
Practitioner: Adam Gavine, BHK, M.Chiro
ABN: 37 574 639 193
Address: Suite 36–38, 12–14 Waratah Street, Mona Vale NSW 2103, Australia
Mobile: 0468 749 223
Email: adam@backtofunction.com.au
Website: https://www.backtofunction.com.au/
Google Maps: View the Mona Vale clinic location



2. Scope of These Terms

These Terms of Use apply to your use of:

  • the Back To Function Chiropractic website;
  • website contact and enquiry forms;
  • online appointment and booking links;
  • online accounts, if available;
  • website content, images, videos and downloadable resources;
  • online product or service purchases;
  • embedded maps, videos and third-party tools; and
  • pages used as destinations for search, social-media or Google advertising.

These terms primarily govern use of the website. The provision of chiropractic, shockwave therapy, telehealth or other healthcare services may also be subject to:

  • clinical consent documentation;
  • patient intake forms;
  • fee and cancellation information;
  • treatment-specific disclosures;
  • professional and regulatory requirements; and
  • other agreements provided before or during care.

If there is an inconsistency between these Terms of Use and a specific written agreement relating to a healthcare service or transaction, the specific agreement will apply to the extent of the inconsistency, subject to applicable law.



3. Eligibility and Capacity

You may use this website only if you have legal capacity to enter into a binding agreement.

If you are under 18 years of age, you should use booking, account or purchasing features only with the involvement and permission of a parent or legal guardian.

A parent, guardian or authorised representative who uses the website for another person confirms that they have authority to do so and that the information they provide is accurate.



4. Website Information Is Not Individual Medical Advice

Content on this website is provided for general informational and educational purposes.

Website content does not constitute:

  • a diagnosis;
  • individual medical or chiropractic advice;
  • a prescription or treatment plan;
  • a guarantee that a treatment is appropriate for you;
  • emergency medical assistance; or
  • a substitute for an assessment by an appropriately qualified health practitioner.

Information about chiropractic care, shockwave therapy, rehabilitation, musculoskeletal conditions, nutrition, telehealth or other services must be considered in light of your individual circumstances.

Do not begin, stop or change treatment solely because of information found on this website.


4.1 No practitioner-patient relationship through browsing

Merely visiting the website, reading its content, submitting a general enquiry or interacting with an advertisement does not create a practitioner-patient relationship.

A practitioner-patient relationship is established only when expressly accepted by the clinic and the appropriate consultation, consent and clinical processes have occurred.


4.2 Emergencies and urgent health concerns

This website is not monitored as an emergency service.

If you believe you are experiencing a medical emergency, call 000 or attend the nearest hospital emergency department.

Do not use a website form, email, social-media message or online booking note to communicate an urgent or life-threatening concern.



5. Healthcare Outcomes and Treatment Claims

Individual responses to healthcare services vary. Suitability, risks, alternatives, treatment frequency and outcomes depend on factors including your condition, health history, examination findings and response to care.

We do not guarantee:

  • recovery from a condition;
  • pain elimination;
  • a particular treatment outcome;
  • that a service will be suitable for every person;
  • that results will occur within a specified timeframe; or
  • that an insurer, employer or compensation scheme will reimburse a service.

Descriptions of possible benefits or outcomes are general information and must not be interpreted as a promise of individual results.

Claims made in advertising regulated health services are intended to comply with applicable health-practitioner advertising laws and be supported by an appropriate level of evidence.



6. Accuracy of Website Information

We make reasonable efforts to keep website information accurate, current and complete. However:

  • health information and clinical evidence may change;
  • availability, fees, practitioners and clinic hours may change;
  • third-party information may change without notice;
  • typographical or technical errors may occur; and
  • website content may not address every relevant risk, exception or individual circumstance.

We may correct errors, update content or withdraw information at any time.

Nothing in this section permits us to make a false, misleading or deceptive representation, or limits any right that cannot legally be limited.



7. Advertising and Landing-Page Transparency

Our website may be used as a destination for Google Ads and other digital advertising.

We aim to ensure that advertisements and their destination pages:

  • clearly identify Back To Function Chiropractic as the service provider;
  • accurately describe the service being promoted;
  • do not misrepresent practitioner qualifications, experience or registration;
  • do not promise guaranteed treatment outcomes;
  • do not create unjustified expectations of beneficial treatment;
  • do not use unsupported claims of scientific or clinical superiority;
  • disclose material conditions associated with an advertised offer;
  • present pricing accurately where pricing is stated;
  • do not conceal mandatory fees or material limitations;
  • do not suggest that website content replaces an individual assessment;
  • do not falsely imply government, professional-body or third-party endorsement;
  • do not falsely claim limited availability or create artificial urgency;
  • do not collect information for an undisclosed purpose;
  • do not use a person’s image, information or treatment experience without appropriate permission; and
  • provide users with access to business identity, contact and privacy information.

An advertisement is not an offer to provide clinically inappropriate treatment. All healthcare services remain subject to practitioner assessment, informed consent, availability and applicable professional obligations.


7.1 Promotions, discounts and offers

Any promotion, discount, package or special offer will be subject to the conditions displayed with the offer.

Material conditions may include:

  • eligibility requirements;
  • commencement and expiry dates;
  • participating locations or practitioners;
  • appointment availability;
  • exclusions;
  • limits on use;
  • whether the offer applies to new or existing patients; and
  • whether another offer may be used at the same time.

Where health-service advertising laws apply, we will not advertise a gift, discount or inducement without stating the applicable terms and conditions.


7.2 Advertising data and privacy

Information collected through landing pages, contact forms, analytics or advertising technologies is handled in accordance with our Privacy Policy.

Users should review the Privacy Policy before submitting personal or health information.

We do not intentionally transmit detailed clinical information through advertising tags or use known health conditions to target individuals with personalised advertising where prohibited.



8. Testimonials, Reviews and Patient Stories

Australian health-practitioner advertising laws restrict the use of testimonials about the clinical aspects of regulated health services.

We may therefore decline to publish, embed, repost or promote a review, testimonial or comment that:

  • describes symptoms, diagnoses, treatment or clinical outcomes;
  • recommends a regulated health service based on a treatment result;
  • makes an unsupported claim about effectiveness;
  • creates an unreasonable expectation of beneficial treatment;
  • is false, misleading, deceptive or unverifiable; or
  • otherwise cannot lawfully be used in health-service advertising.

A review submitted to an independent third-party platform may be subject to that platform’s terms. We do not control all content independently published by third parties.

Providing a testimonial, review, photograph or patient story does not guarantee that we will publish or use it.



9. Bookings and Appointments

An online booking request is subject to practitioner and appointment availability.

A booking is not confirmed until you receive confirmation through the booking system, by email, SMS, telephone or another authorised method.

You are responsible for:

  • providing accurate booking information;
  • selecting the appropriate location and service;
  • checking the appointment date and time;
  • attending on time;
  • notifying us if your contact details change; and
  • cancelling or rescheduling in accordance with the cancellation terms communicated during booking.

9.1 Clinical suitability

Acceptance of a booking does not guarantee that a particular treatment will be clinically appropriate.

A practitioner may recommend a different service, defer treatment, request further information, seek medical clearance or decline to provide a requested treatment where reasonably necessary for safety, professional compliance or clinical appropriateness.


9.2 Cancellations and non-attendance

Any cancellation, late-arrival or non-attendance conditions will be disclosed through the booking process or communicated before the appointment.

Any fee must be applied consistently with the disclosed conditions and applicable consumer law. Nothing in these Terms creates a cancellation fee unless one has been separately and clearly disclosed.



10. Fees, Payments and Insurance

You are responsible for reviewing the fees and payment terms disclosed before purchasing a product or receiving a service.

Unless expressly stated otherwise:

  • prices are displayed in Australian dollars;
  • applicable GST is included where required;
  • payment may be required at the time of purchase or service;
  • insurer or third-party reimbursement is not guaranteed; and
  • you remain responsible for amounts not paid by an insurer, employer or claims administrator.

Any information about Medicare, private health insurance, workers compensation, motor-vehicle claims or other reimbursement arrangements is general information. You should confirm your eligibility and benefits directly with the relevant payer.


10.1 Payment security

Payments may be processed by an external payment provider. Payment providers may apply their own terms and privacy policies.

You must not use a payment method without the account holder’s authorisation.


10.2 Pricing errors

If an obvious pricing or description error occurs, we may correct the error and contact you before completing the affected transaction.

We will not rely on this section to avoid a transaction merely because it later becomes less commercially favourable, or in a manner that would be unfair or contrary to the Australian Consumer Law.



11. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

For major failures with a service, you are entitled:

  • to cancel your service contract with us; and
  • to a refund for the unused portion or compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with goods or a service does not amount to a major failure, you are entitled to have the failure rectified within a reasonable time. If this is not done, you may be entitled to a refund for the goods or to cancel the service contract and obtain a refund for any unused portion.

You may also be entitled to compensation for other reasonably foreseeable loss or damage resulting from a failure of the goods or services.

Nothing in these Terms of Use excludes, restricts or modifies:

  • a consumer guarantee;
  • a right or remedy;
  • a guarantee, warranty or condition implied by law; or
  • any liability that cannot lawfully be excluded, restricted or modified.


12. Refunds

Refund eligibility depends on the nature of the product or service, the reason for the request and applicable consumer law.

Nothing in these Terms limits your entitlement to a repair, replacement, refund, cancellation, re-supply of services or compensation where required by the Australian Consumer Law.

A change of mind does not automatically create a legal right to a refund. If we publish or communicate a separate change-of-mind policy, we will apply that policy according to its terms.

To request a remedy, contact us using the information in Section 27 and provide reasonable proof of purchase.



13. Accounts and Access

Some website or third-party services may allow you to create an account.

If you create or use an account, you agree to:

  • provide accurate and current information;
  • maintain the confidentiality of usernames and passwords;
  • use reasonable security precautions;
  • not share access with an unauthorised person;
  • notify us or the relevant platform promptly of suspected unauthorised access; and
  • accept responsibility for activity conducted through your account to the extent permitted by law.

You must not create an account using another person’s identity without authority.


13.1 Suspension or termination

We may suspend or restrict website or account access where reasonably necessary to:

  • protect the website, users or clinic systems;
  • investigate suspected fraud, misuse or security incidents;
  • comply with law or a regulatory requirement;
  • address a material breach of these terms; or
  • prevent harm to another person.

Where appropriate, we will provide notice and a reasonable opportunity to respond.

We will not exercise this right unfairly or in a way that removes a consumer’s non-excludable rights.

Termination of website access does not automatically terminate an existing clinical relationship. Any change to clinical care will be addressed separately and in accordance with professional obligations.



14. Acceptable Use

You may use the website only for lawful purposes.

You must not:

  • use the website to commit, encourage or facilitate unlawful activity;
  • attempt to gain unauthorised access to an account, server, database or network;
  • interfere with website security, availability or functionality;
  • upload malware, malicious code or harmful files;
  • conduct vulnerability scanning or penetration testing without written permission;
  • impersonate another person or misrepresent your identity or authority;
  • submit false, fraudulent, defamatory or misleading information;
  • use forms to send spam, threats, abuse or unsolicited advertising;
  • harvest email addresses, telephone numbers or other personal information;
  • scrape, crawl, copy or extract website content using automated systems without written permission, except for ordinary search-engine indexing;
  • bypass technical access restrictions;
  • make excessive automated requests that burden the website;
  • reverse-engineer website software except where the law expressly permits it;
  • infringe intellectual-property, privacy or other legal rights;
  • submit another person’s health information without appropriate authority;
  • interfere with another person’s use of the website; or
  • use website content to train an artificial-intelligence system or create a competing commercial resource without written permission.

We may use reasonable technical measures to detect and prevent prohibited conduct.



15. Intellectual Property

Unless otherwise stated, the website and its original content are owned by or licensed to Back To Function Chiropractic.

Protected material may include:

  • business names and branding;
  • logos and graphic elements;
  • website text and page layouts;
  • photographs, illustrations and videos;
  • educational resources;
  • treatment descriptions;
  • downloadable files;
  • databases and compilations;
  • website code and custom functionality; and
  • advertising and marketing materials.

These materials may be protected by copyright, trade mark, passing-off, confidentiality and other intellectual-property laws.


15.1 Permitted personal use

You may view, download or print a reasonable portion of publicly available website content for your personal, non-commercial use.

You must retain any copyright or attribution notices.


15.2 Prohibited commercial use

Without prior written permission, you must not:

  • reproduce or republish substantial website content;
  • modify or create derivative commercial works;
  • sell, license or commercially exploit website content;
  • use our name or branding in a way that suggests endorsement;
  • frame or mirror the website;
  • copy content for a competing business; or
  • remove copyright, trade mark or attribution notices.

Nothing in these Terms transfers ownership of our intellectual property to you.



16. User-Generated Content

“User-generated content” includes reviews, comments, messages, photographs, videos, suggestions, feedback and other material submitted through the website or supplied for possible publication.

You retain ownership of original content you create.

By submitting content specifically for publication or promotional use, you grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, format and display that content for the purpose for which it was submitted, subject to:

  • applicable privacy law;
  • health-service advertising restrictions;
  • any consent form or written agreement;
  • your moral rights; and
  • your right to withdraw consent where applicable.

This licence does not permit us to use identifiable health information, treatment images or clinical testimonials in advertising without the permission and lawful basis required for that particular use.


16.1 Your responsibilities

You must not submit content that:

  • is false, misleading or deceptive;
  • is defamatory, threatening, discriminatory or unlawful;
  • infringes copyright, privacy or another person’s rights;
  • contains another person’s health information without authority;
  • contains malware or malicious links;
  • promotes an illegal product or activity;
  • makes an unsupported health claim; or
  • breaches a duty of confidentiality.

You confirm that you own the content or have permission to submit it.


16.2 Moderation and removal

We may review, decline, edit for formatting, restrict or remove user-generated content where reasonably necessary for legal, clinical, privacy, advertising, safety or operational reasons.

We are not required to publish submitted content and may remove consent-based content after receiving a valid withdrawal request, subject to legal and technical limitations.



17. Privacy and Personal Information

Our collection and handling of personal and health information are governed by our Privacy Policy and applicable privacy laws, including:

  • the Privacy Act 1988 (Cth);
  • the Australian Privacy Principles;
  • the Health Records and Information Privacy Act 2002 (NSW); and
  • the NSW Health Privacy Principles.

The Privacy Policy forms part of these Terms of Use.

Do not submit extensive health records, diagnostic images or urgent clinical information through a general website contact form unless specifically requested through an appropriate secure process.



18. Electronic Communications

You consent to receiving transactional communications electronically where appropriate, including:

  • booking confirmations;
  • appointment reminders;
  • receipts;
  • service notices;
  • responses to enquiries; and
  • updates relating to an online transaction.

Electronic transactions and communications may have legal effect under applicable Australian and NSW legislation.

Marketing communications are addressed separately in our Privacy Policy. You may withdraw marketing consent without preventing necessary service or appointment communications.



19. Third-Party Services and Links

The website may contain or integrate links to services operated by third parties, including:

  • booking and practice-management platforms;
  • payment processors;
  • Google Maps;
  • video-hosting services;
  • social-media platforms;
  • healthcare information resources; and
  • other websites or applications.

Third-party services are governed by their own terms, privacy policies and security practices.

A link or integration does not necessarily mean that we:

  • endorse all third-party content;
  • control the third-party service;
  • guarantee its availability or accuracy; or
  • accept responsibility for its independent conduct.

Nothing in this section excludes liability arising from our own conduct where that liability cannot lawfully be excluded.



20. Website Availability and Security

We take reasonable steps to maintain website security and availability, but we do not guarantee uninterrupted or error-free access.

The website may be unavailable because of:

  • maintenance;
  • technical failures;
  • hosting or telecommunications outages;
  • cybersecurity incidents;
  • third-party service interruptions; or
  • circumstances outside our reasonable control.

You are responsible for using current security software and taking reasonable precautions when accessing online services.

We do not guarantee that every file, message or third-party link will be free of harmful components, although we take reasonable security precautions.



21. Disclaimer of Warranties

To the maximum extent permitted by law, the website and its general informational content are provided on an “as available” basis.

We do not make additional warranties that:

  • the website will always be available or error-free;
  • general information will be suitable for every person;
  • website use will produce a particular clinical or commercial result;
  • third-party content will remain current or available; or
  • every technical issue will be corrected immediately.

This section does not exclude any statutory guarantee, warranty, condition or remedy that cannot lawfully be excluded.



22. Limitation of Liability

To the maximum extent permitted by law, we are not liable for loss arising solely from:

  • reliance on general website information instead of obtaining appropriate professional advice;
  • unauthorised or prohibited use of the website;
  • information supplied inaccurately by a user;
  • the independent conduct or failure of a third-party service;
  • a telecommunications or hosting failure outside our reasonable control; or
  • malware introduced by a third party despite reasonable precautions.

Where liability can legally be limited, our liability will be limited only to the extent that is fair, reasonable and permitted by law.

Nothing in these Terms excludes or limits liability:

  • under a consumer guarantee that cannot be excluded;
  • for fraud or fraudulent misrepresentation;
  • for wilful misconduct;
  • for personal injury caused by negligence where liability cannot lawfully be limited;
  • for breach of applicable professional duties; or
  • where exclusion or limitation would be unlawful.

Nothing in this website disclaimer replaces the clinic’s clinical, professional or statutory obligations.



23. Indemnity for Unlawful Use

To the extent permitted by law, you are responsible for reasonably foreseeable loss arising directly from your deliberate unlawful use of the website or material breach of these Terms.

This provision does not require you to indemnify us for:

  • our own negligence;
  • our breach of law;
  • our breach of contract;
  • matters outside your reasonable control; or
  • loss that was not reasonably foreseeable.

This provision is intended to operate fairly and is subject to the unfair-contract-term provisions of the Australian Consumer Law.



24. Changes to These Terms

We may update these Terms of Use to reflect changes in:

  • the website or services;
  • legal or regulatory requirements;
  • booking or payment systems;
  • security practices;
  • advertising platforms; or
  • business operations.

The updated terms will be published on this page with a revised “last updated” date.

Where a change materially affects an existing account, transaction or ongoing service, we will take reasonable steps to provide additional notice where appropriate.

Changes will apply prospectively from their stated effective date. They will not retrospectively remove an accrued right or remedy or override the Australian Consumer Law.

Continued use of the website after revised terms become effective constitutes acceptance of the revised terms. If you do not accept a revision, you should stop using the website.



25. Termination of Website Use

You may stop using the website at any time.

We may discontinue or materially change part of the website after providing reasonable notice where practicable.

Provisions that are intended to continue after website use ends—including intellectual-property, accrued-payment, consumer-rights, governing-law and dispute provisions—will continue to the extent applicable.



26. Governing Law and Jurisdiction

These Terms of Use are governed by the laws in force in New South Wales, Australia, and applicable Commonwealth laws.

Subject to any right to bring a claim in another jurisdiction under applicable consumer law, the parties submit to the courts and tribunals of New South Wales and courts entitled to hear appeals from them.

Nothing in this section prevents a consumer from relying on a mandatory jurisdictional right.



27. Complaints and Dispute Resolution

If you have a concern about the website, an online transaction or these Terms of Use, please contact us first so that we have an opportunity to respond.

Contact for complaints

Adam Gavine, BHK, M.Chiro
Back To Function Chiropractic
Suite 36–38, 12–14 Waratah Street
Mona Vale NSW 2103, Australia
Mobile: 0468 749 223
Email: adam@backtofunction.com.au

Please include:

  • your name and contact details;
  • a description of the concern;
  • relevant dates;
  • proof of purchase, if applicable;
  • supporting information; and
  • the outcome you are seeking.

We will review the concern in good faith and aim to provide a substantive response within a reasonable period.


27.1 External complaint options

NSW Fair Trading

https://www.fairtrading.nsw.gov.au/

Australian Competition and Consumer Commission

https://www.accc.gov.au/

The ACCC receives reports and provides consumer information but does not ordinarily resolve individual disputes.

Australian Health Practitioner Regulation Agency

https://www.ahpra.gov.au/

AHPRA or the relevant National Board may receive concerns relating to registered health practitioners and regulated health-service advertising.

Privacy complaints are handled under the process described in our Privacy Policy.



28. General Provisions

28.1 Severability

If a provision of these Terms is found to be invalid or unenforceable, it will be read down to the minimum extent necessary. If it cannot be read down, it will be severed without affecting the remaining provisions.


28.2 No waiver

A delay or failure to enforce a right does not waive that right.


28.3 Entire agreement for website use

These Terms and the Privacy Policy constitute the agreement governing general use of this website.

They do not replace treatment-specific consent forms, clinical agreements, disclosed booking conditions or transaction-specific terms.


28.4 Assignment

You may not transfer your website account or rights under these Terms without our written consent.

We may transfer our rights and obligations as part of a legitimate sale, restructuring or transfer of the business, provided that doing so does not reduce your non-excludable consumer rights.



29. Contact Us

Questions about these Terms of Use may be directed to:

Back To Function Chiropractic
Attention: Adam Gavine, BHK, M.Chiro
ABN: 37 574 639 193
Address: Suite 36–38, 12–14 Waratah Street, Mona Vale NSW 2103, Australia
Mobile: 0468 749 223
Email: adam@backtofunction.com.au
Website: https://www.backtofunction.com.au/