Terms of Use

Welcome to our website. These are its Terms of Use.

Evolution Chiropractic Warrnambool is an Australian Sole Trader located at 125a Kelper St, Warrnambool, VIC, 3280 Australia with ABN 28 842 848 432 is the owner of this website and can be contacted via phone or via email using admin@warrnamboolchiropractor.com.au.

The terms “Jay Smyth” or “us” or “we” refers to the owner of this website which is Evolution Chiropractic Warrnambool. The term “you” refers to the user or viewer of this website. These terms of use govern your use of this site, which is provided Evolution Chiropractic Warrnambool.

By accessing this site, you are indicating your acknowledgment and acceptance of these terms of use. These terms of use are subject to change by Evolution Chiropractic Warrnambool at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these terms of use regularly.

Credit Card Security

All transactions are processed via a third party payment using a secure SSL connection.

Access to this site

You agree to use this site only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content.

You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete.

If Evolution Chiropractic Warrnambool believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions on use

This site is provided solely for non-commercial, personal use, and/or so that you may learn about Evolution Chiropractic Warrnambool and the services we provide. You may not use this site for any other purpose, including any commercial purpose, without Evolution Chiropractic Warrnambool’s express prior written consent.

For example, you may not (and may not authorise any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorised representative of Evolution Chiropractic Warrnambool. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or Content accessible within this site.

You agree to cooperate with Evolution Chiropractic Warrnambool in causing any unauthorised co-branding, framing or hyper-linking immediately to cease.

Proprietary information


The material and Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by Evolution Chiropractic Warrnambool is the proprietary information of Evolution Chiropractic Warrnambool or the party that provided the Content to Evolution Chiropractic Warrnambool, retains all rights, titles, and interest in the Content.

Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Evolution Chiropractic Warrnambool, or unless authorised in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the site without the express written permission of Evolution Chiropractic Warrnambool.


This site and its Content are protected by Australian and/or foreign copyright laws, and belong to Evolution Chiropractic Warrnambool or its partners, affiliates, contributors or third parties. The copyrights for the Content are owned by Evolution Chiropractic Warrnambool or other copyright owners who have authorised their use on this site.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • You may print or download to a local hard disk extracts for your personal and non-commercial use only (If you are browsing this site as an employee or member of any business or organisation, you may download and reprint Content only for educational or other non-commercial purposes within your business or organisation, except as otherwise permitted by Evolution Chiropractic Warrnambool, for example in certain password-restricted areas of the site).
  • You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
  • You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.


This site may be hyper-linked to other sites which are not maintained by, or related to Evolution Chiropractic Warrnambool. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by Evolution Chiropractic Warrnambool of that site. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Evolution Chiropractic Warrnambool.

Evolution Chiropractic Warrnambool has not reviewed any or all of such sites and is not responsible for the content of those sites. Evolution Chiropractic Warrnambool also makes no representations about the availability of hyper-linked sites. Hyper-links are to be accessed at the user’s own risk, and Evolution Chiropractic Warrnambool makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. If you hyper-link to a site, please be aware that you will leave Evolution Chiropractic Warrnambool’s web site and will become subject to the rules and conditions of the linked site(s).

We recommend that you make yourself aware of the Terms of Use of any sites you link to from Evolution Chiropractic Warrnambool’s site.


You hereby grant to Evolution Chiropractic Warrnambool the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Evolution Chiropractic Warrnambool through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.

Evolution Chiropractic Warrnambool will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Evolution Chiropractic Warrnambool operations.

By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity. Evolution Chiropractic Warrnambool will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Child safety

Protecting the online privacy of children is especially important to us, and those under the age of 13 are protected by federal law. For that reason, Evolution Chiropractic Warrnambool does not knowingly permit children under the age of 13 to become registered members of our sites, or to buy goods and services on our sites, without verifiable parental consent..

Evolution Chiropractic Warrnambool does not knowingly collect or solicit personal information about children under 13, except with their parent’s express consent. If we ever include children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children’s personal information.

Downloading material

You understand that Evolution Chiropractic Warrnambool cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Evolution Chiropractic Warrnambool does not assume any responsibility or risk for your use of the Internet.

Limitation on liability

Evolution Chiropractic Warrnambool, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Evolution Chiropractic Warrnambool has been advised of the possibility of such damages. in no event will the collective liability of Evolution Chiropractic Warrnambool and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to Evolution Chiropractic Warrnambool for the applicable content, product or service out of which liability.


You will indemnify and hold Evolution Chiropractic Warrnambool, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorised in these Terms of Use.

You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorised use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith.

You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. Information you provide You may not post, send, submit, publish, or transmit in connection with this site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing,
  • threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavour (e.g. offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorised on this site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  • amounts to a ‘pyramid’ or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
  • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, Evolution Chiropractic Warrnambool reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Evolution Chiropractic Warrnambool nor any third party that provides Content to Evolution Chiropractic Warrnambool will assume or have any liability for any action or inaction by Evolution Chiropractic Warrnambool or such third party with respect to any Submission.


Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Evolution Chiropractic Warrnambool will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Evolution Chiropractic Warrnambool considers insecure, Evolution Chiropractic Warrnambool will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.

If you become involved in any violation of system security, Evolution Chiropractic Warrnambool reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Evolution Chiropractic Warrnambool reserves the right to investigate suspected violations of these Terms of Use. Evolution Chiropractic Warrnambool reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Evolution Chiropractic Warrnambool to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

By accepting this agreement you waive and hold harmless Evolution Chiropractic Warrnambool from any claims resulting from any action taken by Evolution Chiropractic Warrnambool during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Evolution Chiropractic Warrnambool or law enforcement authorities.


These Terms of Use will be governed and interpreted pursuant to the laws of Victoria (VIC), Australia, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Victoria connection with any dispute between you and Evolution Chiropractic Warrnambool arising out of these Terms of Use or pertaining to the subject matter hereof.

The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and/or federal courts in VIC. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Evolution Chiropractic Warrnambool may revise these Terms of Use at any time by updating this posting.

Contacting Us regarding these Terms of Use

Please contact us at:

Evolution Chiropractic Warrnambool Contact Form