This page contains details of the terms & conditions of using our website Rehab Database services.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY GOVERN YOUR ACCESS, ATTEMPT TO ACCESS AND USE OF PHYSIO4ME REHABILITATION DATABASE.
Together with the Subscription Fee Schedule these Terms of Supply, collectively referred to as the “Terms”, are the terms and conditions on which Physio4Me, or “We”, shall provide the Services, as defined below to You in consideration for the Subscription Fee. By ordering any of Our Services you agree to be bound by these Terms.
You and Physio4Me agree that the Services shall be provided as set out below:
In these Terms the following words shall be defined as is set out below:
You or Your: Being the person, firm, corporation or other organisation entering into this agreement with Us or Physio4Me by accepting these Terms.
Us, We or Our: Being Physio4Me.
Authorised Patients: Being any individual who is registered as Your patient to whom you provide medical services in the normal course of Your business as a provider of medical services. For the avoidance of doubt Authorised Patients shall not include any other health, medical, chiropractic, osteopathic or physiotherapy sole practitioner or practice.
Confidential Information: information that is proprietary or confidential and is either clearly labeled as such or identified as Confidential Information in clause 6.
Our Website: means www.Physio4Me.co.ukor any such domain that redirects to this site.
Party: Being either You or Us and as a combined term Parties.
The Platform: Physio4Me Rehabilitation Databse, including Our Website, is collectively referred to as “the Platform”.
Injury Rehabilitation Purpose: means the provision to Your Authorised Patients of information about their injury and rehabilitation exercises and treatments to assist in the management of that injury.
Rehabilitation Templates: the Injury Profile and Exercise Templates developed by Us using the Software and provided by Us to You in accordance with these Terms.
Services: enabling You to: (i) access the Rehabilitation Templates from Our Website; and (ii) email the Rehabilitation Templates to Your Authorised Patients.
Software: The software used by Us or by Our suppliers which enables You to use the Services, including without limitation data schemas, data models and databases.
Subscription Fee: The monthly subscription fee to be paid by You for the Services, as specified in the Subscription Fee Schedule.
Subscription Fee Schedule: The schedule which forms part of these Terms and which specifies Your details, the Subscription Fee, the terms of and method of payment of the Subscription Fee, the length of the Subscription Period and Your Email Address.
Subscription Period: The period in respect of which We shall provide the Services to You and in respect of which a Subscription Fee is payable by You, and during which these Terms shall operate, as specified in the Subscription Fee Schedule.
Your Email Address: the email address controlled by You, details of which are set out in the Subscription Fee Schedule.
Headings in these Terms are for guidance only and shall not be construed in affecting the meaning of these Terms.
2 YOUR USE OF REHABILITATION TEMPLATES
2.1 Subject to and in consideration for the timely payment by You of the Subscription Fee we grant You a non-exclusive, non-transferable and revocable licence to access and use the Services during the Subscription Period solely for the Injury Rehabilitation Purpose.
2.2 Subject to Us receiving the Subscription Fee in cleared funds, the licence referred to in clause 2.1 above starts on the first date set out in the Subscription Fee Schedule and shall continue for continuous periods of 28 days from the start date until it ends:
(a) at the end of the calendar month after the calendar month in which You notify Us in writing that You no longer wish to subscribe to the Services; or
(b) on the effective date of termination if this agreement is terminated in accordance with clause 9
whichever is sooner.
2.3 Following Our receipt of the Subscription Fee in cleared funds, We shall send an email to Your Email Address containing a username, password and a hyperlink to Our Website. Once You have used the user name and password to log in, You may access Our Website and use the Services in accordance with the Terms. You acknowledge and agree that Your username and password are personal to You and that they constitute Our Confidential Information. As such neither Your username or Your password may be shared, copied by, accessed or otherwise used by any person other than You.
2.4 You are responsible for configuring Your and Your Authorised Patients’ respective information technology, computer programmes and platform in order to access the Services. Notwithstanding clause 5.5, You should use Your own virus protection software.
2.5 You may:
(a) search, view, copy and print out Rehabilitation Templates which You access from Our Website for Your personal use only and not for any commercial use;
(b) You shall not make any changes to the Rehabilitation Templates that are in any way defamatory, libellous, obscene, offensive, pornographic or of a sexual nature or which might offend the general public. Furthermore Physio4Me will not be liable for any alterations you make to Our Rehabilitation Templates;
(c) send Rehabilitation Templates to Your Authorised Patients in PDF format (or such other format as We may notify You of from time to time) directly from Our Website but using Your Email Address, subject to crediting Us in the subject line and text in the email body and other third parties where such material is attributed to them;
2.6 By sending Rehabiltiation Templates to Your Authorised Patient You agree, and confirm that You have obtained the express authority of such Authorised Patient, to Your use of such Authorised Patient’s email address for the purposes of sending such templates to such Authorised Patient.
2.7 You hereby grant us the right to access and use Your Email Address for the purposes referred to in this clause 2.
3.1 You shall not and shall procure that Your Authorised Patients shall not:
(a) attempt to duplicate, modify, disclose or distribute any portion of the Software; or
(b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any of the Software, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; or
(c) use the Software to provide services to third parties other than to Your Authorised Patients under these Terms; or
(d) attempt to obtain, or assist others in obtaining, access to the Software or the Rehabiltiation Templates, other than as provided under these Terms.
3.2 We confirm We have all the rights in relation to the Software and Rehabilitaiton Templates that are necessary to grant all the rights We purport to grant under these Terms.
4 YOUR ADDITIONAL OBLIGATIONS
4.1 You shall not and shall ensure that Your Authorised Patients shall not:
(a) copy, print out or otherwise reproduce any Rehabiltiation Templates nor any material relating to part of the Services, except as permitted under these Terms or as otherwise authorised by Us in writing;
(b) make any part of the Rehabiltiation Templates or the Services available to any third party except as permitted under these Terms;
(c) alter any part of the Rehabilitation Templates or Services (including without limitation the reference to “Physio4Me” contained on all of the Rehabilitation Templates); or
(d) purport to assign or otherwise, transfer, temporarily or permanently or in whole or in part, any of Your rights or obligations under these Terms, or dispose of Your rights under these Terms; or
(e) use the Rehabilitation Templates for commercial purposes as if they had been created by You.
4.2 You acknowledge and agree that We own all intellectual property rights of whatever nature in the Software, the Rehabilitation Templates and the Services. Except as expressly stated in these Terms, these Terms do not grant You or Your Authorised Patients any rights to, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Software, Rehabilitation Templates, Services or any related documentation or other information.
4.3 You acknowledge and agree that Your right to use the Rehabilitation Templates for injury rehabilitation purpose shall cease when the Subscription Period ends and that thereafter you shall not be permitted to use the Rehabilitation Templates for any other reason whatsoever.
4.4 Subject to clause 5 (Our obligations), You will defend, indemnify and hold Us harmless against any and all claims, demands, actions, proceedings, losses, damages, expenses and all costs whatsoever and howsoever arising out of or in connection with Your use and/or Your Authorised Patients’ use of the Software, Our Website, the Rehabilitation Templates or the Services. This clause 4.4 shall survive termination of these Terms, howsoever arising.
5 OUR OBLIGATIONS
5.1 We will take reasonable steps to ensure that Software and data files which We access as part of the Service are virus-free.
5.2 We will use Our reasonable endeavours to ensure that the Services are provided continuously and that access to Our Website is not interrupted by any event within Our control. If possible We will notify You in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom office hours. You acknowledge that such downtime is acceptable and shall not put Us in breach of these Terms.
6.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under this agreement. A party’s Confidential Information shall not be deemed to include information that:
(a) is or becomes publicly known other than through any act or omission of the receiving party; or
(b) was in the other party’s lawful possession before the disclosure; or
(c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
(d) is independently developed by the receiving party, which independent development can be shown by written evidence; or
(e) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body; or
(f) which that party has given its prior written authority to you sharing with selected third parties.
6.2 Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this agreement.
6.3 Each party shall use its best endeavours to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this agreement.
6.4 Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
6.5 You acknowledge that Our Confidential Information includes without limitation the Software, the Rehabilitation Templates, Our Website and the username and your password by which you access Our Website.
6.6 This clause 6 shall survive termination of these Terms, however arising.
7 MEDICAL WARRANTIES AND DISCLAIMERS
7.1 We give You no warranty or assurance, except as set out in clause 5 above. We declare and You acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.
7.2 You warrant and represent to Us that You are and undertake to Us that You shall be throughout the Subscription Period registered with the relevant national or regional medical authority in the country or territory in which You provide medical services to Your Authorised Patients.
7.3 Our policy is to conduct Our business at all times in a professional manner and to good industry standards. We shall use Our reasonable endeavours to maintain Rehabilitation Templates up to date and to develop Our Services to meet subscribers’ needs. However, You should note in particular:
(a) The Rehabilitation Templates are not intended to constitute a definitive or complete guide to injury rehabilitation practices and do not guarantee full or partial recovery for your Authorised Patient. In particular but without limitation, You hereby acknowledge and accept and shall ensure that Your Authorised Patients acknowledge and accept that:
(i) the models and diagrams featured on the Rehabilitation Templates are for demonstrative purposes only and should not be regarded as an alternative or a substitute for a medical consultation with an appropriate and qualified medical practitioner. Your Authorised Patients should consult an appropriate and qualified medical practitioner in respect of any injury or health issue that they may have. Neither You nor Your Authorised Patients should try any of the exercises, stretches and treatments on our site without first consulting an appropriate and qualified medical practitioner;
(ii) examples of the exercises, stretches and treatments provided on our Rehabilitation Templates are for guidance only and if at any time You or Your Authorised Patients feel discomfort, pain, nausea, dizziness, headaches or have any other symptoms You or Your Authorised Patient should stop immediately and consult Your or Your Authorised Patient’s medical/health advisor. It is Your and Your Authorised Patients’ responsibility to seek medical approval prior to carrying out any of the exercises, stretches and treatments on our site and We shall have no liability to You or Your Authorised Patients for any losses or damage suffered as a result of Your or their failure to do so;
(iii) the Services supplied by Us cannot meet the needs of every Authorised Patient and should not be used as an alternative or substitute for a medical consultation with an appropriate and qualified medical practitioner; and
(iv) serious and minor injuries and ailments can arise from the performance of the exercises, stretches and treatments provided on our Rehabilitation Templates (including but not limited to Deep Vein Thrombosis (DVT) and heart attack) therefore You and Your Authorised Patients must seek the advice of an appropriate and qualified medical practitioner prior to using the Services. Our Rehabilitation Templates are not intended to be a substitute for consultation with an appropriate and qualified medical practitioner;
(b) The Rehabilitation Templates include archived information and resources, which may be incorrect or out of date; and
(c) We give You no warranty or assurance that the Services and Our means of delivering them are compatible with Your or Your Authorised Patients’ software or computer configuration; and
(d) We may make reasonable changes to part or all of any Services at Our discretion.
8 MODIFICATIONS TO TERMS AND CONDITIONS (collectively “Terms”)
8.1 Please print and keep a copy of these Terms. Physio4Me reserves the right to modify the Terms periodically, for any reason. We will post a copy of the updated Terms on the Platform prior to any change becoming effective. Any such revision or change will be will be binding and effective immediately on posting the revised Terms on the Platform, we will draw your attention to any changes in the Terms via email sent to the email address provided by You in Your Account, and you should cease use of the Platform if you do not agree to any such change.
8.2 The current version of these Terms can be accessed at any time by selecting the “Terms” link in the footer of the Website. Any new version of these Terms will, once published, supersede any previous version.
9 INFORMATION RESOURCES (OPT-IN)
9.1 By registering on the Platform you are agreeing to opt-in to the receipt of newsletters and other information regarding common medical and health-related topics or preventive care messages containing specific medical and health-related information, links to other related websites and specific questions related to Services requested by yourself on the Platform.
9.2 These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter.
9.3 These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment or construed, directly or indirectly by Physio4Me. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services or urgent care.
9.4 The information contained in these communications and resources is compiled from a variety of sources and may or may not be considered authored by Physio4Me.
9.5 Physio4Me makes no warranty as to the content of these materials or the information contained therein, neither does it represent or warrant that any particular treatment is safe, appropriate or effective for you.
If you do not wish to receive such communications, you may opt-out at any time by unsubscribing via electronic mail.
10 LIMITATIONS ON USE
10.1 You agree that you will not, and will not permit anyone else to:
(a) use the Platform or Services in any unlawful way and/or for any unlawful purpose;
(b) post or transmit a message (written or verbal) under a false name or use the network resources of Physio4Me to impersonate another person or misrepresent authorisation to act on behalf of others (including but not limited to Medical Practitioners) or Physio4Me. All messages transmitted via Physio4Me and the Platform should correctly identify the sender and you may not attempt to alter the origin of email messages or postings;
(c) market, promote or solicit the Services except as expressly permitted by these Terms;
(d) distribute chain letters or unsolicited bulk electronic mail (“spamming”) via the Platform, to Physio4Me or to any third party allegedly on behalf of Physio4Me;
(e) attempt to undermine the security or integrity of computing systems or networks of Physio4Me, its Platform or any sites or platforms accessed through or via the Platform, and you must not attempt to gain unauthorised access;
(f) harvest or collect data about any other individual who uses the Platform;
(g) post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere with, manipulate or otherwise interrupt or expropriate the Platform or the Services;
(h) tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of the Platform or the Services. You will not use robots or scripts with the Platform;
(i) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by this Platform. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.
10.2 You further agree that any information you provide or use on the Platform, and your use of the Platform or Services will not infringe or facilitate infringement of any copyright, patent, trade mark, trade secret or other proprietary, publicity or privacy rights of any party.
10.3 Physio4Me maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trade mark or other intellectual property or ownership right of any other person and to suspend your access to the Platform in such circumstances.
11 SUSPENSION OF SERVICES AND TERMINATION
11.1 We may suspend Your access to the Services and/or terminate These Terms upon written or email notice to You if You are in breach of any of its terms. If We are in material breach as a result of circumstances within Our control, You must notify us in writing and allow Us fourteen (14) days to remedy the material breach. If We are unable to remedy the material breach within such fourteen (14) day period, You will be entitled to a pro-rata refund of the Subscription Fee that relates to the current Subscription Period, which refund shall be determined by Us taking into account the amount of the Subscription Period that has elapsed and the amount of the Subscription Period that is remaining as at the effective date of termination.
11.2 On termination of these Terms for any reason:
(a) all licences granted under this agreement shall immediately terminate;
(b) subject to the exceptions in this sub-paragraph, You will take reasonable steps to delete the Software and the Rehabilitation Templates from Your electronic media, including Your intranet and electronic storage devices so that You no longer have an electronically functional copy of the Software or any part of the Rehabilitation Templates;
(c) those clauses that are expressly stated to continue following the termination of these Terms shall continue in full force and effect; and
(d) termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
12.1 You may link to our website home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site on any website that is not owned by you. We reserve the right to withdraw linking permission at any time.
12.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
If you wish to make any use of content on our site other than that set out above, please Contact Us.
12.4 Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Physio4Me has no control over the contents of such sites or resources.
13 INTELLECTUAL PROPERTY
13.1 Physio4Me (or its licensors) retains all right, title and interest in and to the Physio4Me name, the Services and any information, products, documentation, software or other materials used in relation to or made available via the Platform, along with any patent, copyright, trade secret, trade mark, service mark or other intellectual property right in any of the foregoing in any territory.
13.2 You will not store, copy, modify, lease, loan, sell, distribute, transfer, display, reverse engineer, reverse assemble or otherwise attempt to discover any programming code or any source code used in or with the Platform (save to the extent required for you to make back-up copies of such software or arrange its inter-operability with other packages).
13.3 You acknowledge that violations (as determined at Physio4Me’s sole discretion) of these intellectual property protections may lead to formal legal action. Save as set out in these Terms you have no right to use any of the intellectual property rights associated with the Platform without the prior written consent of Physio4Me.
14 INTERNATIONAL USE
14.1 The Platform and the Services are designed for and intended primarily for users in the United Kingdom. Physio4Me makes no representation that the information and/or the services provided via the Platform are applicable to, appropriate for or available outside the United Kingdom. Accessing the Platform Services from territories where any content and/or Services may be illegal is strictly prohibited.
15 LEGAL NOTICES AND DISCLAIMERS
15.1 Medical Disclaimers: Physio4Me makes no representation or warranty as to the content of any Rehabilitation Template;
15.2 Always seek the advice of a doctor or other qualified healthcare provider regarding any medical concerns – and before starting, stopping or modifying any treatment or medication – even if you have already obtained medical advice via or read relevant material on the Platform.
15.3 Physio4Me makes no warranties or representations as to the accuracy of articles and other material published on the Platform and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such material.
15.4 General Disclaimers: We do not guarantee that the Platform will be secure or free from bugs or viruses.
15.5 You are responsible for configuring your information technology and computer programmes in order to access the Platform. You should use your own virus protection software.
15.6 You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of and comply with these Terms.
15.7 Physio4Me does not endorse the promotions, products or services of any third parties, nor does it warrant or validate the accuracy of any third party advertisements, promotions, communications or other materials. Physio4Me does not assume any responsibility or liability for the accuracy of information contained on any third party web sites.
16 SERVICE RELIABILITY AND WARRANTIES
16.1 Physio4Me makes no warranty that the Platform or the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected. Physio4Me is not responsible for transmission errors or any corruption or compromise of data carried over local or interchange telecommunication carriers.
16.2 Physio4Me will take all reasonable precautions to protect against failure of its equipment and software and will perform regular back-ups of all data stored. The Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Platform and/or the Services, in which circumstances timeframes of completion of Services may increase.
17 LIMITATION ON LIABILITY
17.1 This clause 17 sets out Our entire financial liability (including any liability for the acts or omissions of Our employees, agents and sub-contractors) to You in respect of:
(a) any breach of these Terms;
(b) any use made by You of the Services or the Software or any part of them; and
(c) any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with these Terms.
17.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
17.3 Except as expressly and specifically provided in these Terms:
(a) You assume sole responsibility for results obtained from Your use or the use by Your Authorised Patients of the Software, the Rehabilitation Templates and the Services by You and/or Your Authorised Patients, and for conclusions drawn from such use; and
(b) all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
17.4 Nothing in this agreement excludes Our liability:
(a) for death or personal injury caused by Our negligence; or
(b) for fraud or fraudulent misrepresentation.
17.5 Subject to clauses 17.3 and 17.4 above:
(a) We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising; and
(b) Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the Subscription Fee paid for the Services during the Subscription Period during which the claim arose.
17.6 Under this clause 17, “Our liability” includes that of any company in Our group and Our and their respective agents, employees and sub-contractors, “You” includes any other party claiming through You including Your Authorised Patients and “loss or damage” includes any claims, demands, actions, proceedings, losses, damages, costs or expenses whatsoever or howsoever arising in connection with the provision by us of the Services and the Rehabilitation Templates, whether under this agreement or other agreement or in consequence of any misrepresentation, misstatement or tortious act or omission, including negligence.
17.7 We shall have no liability to You under these Terms if We are prevented from or delayed in performing Our obligations under these Terms or from carrying on business by acts, events, omissions or accidents beyond Our reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
17.8 Physio4Me assumes no responsibility for the content of websites linked on the Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from any Customer’s use of such sites.
18 GENERAL PROVISIONS
18.1 The rights provided under these Terms are granted to You only, and shall not without Our prior written consent be considered granted to any subsidiary or holding company. You may not, without Our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations under these Terms.
18.2 These terms are not intended to benefit anyone other than the parties to it and, in particular, no term of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
18.3 You acknowledge that if You are in breach of these Terms damages may be an inadequate remedy for Us. You therefore acknowledge and accept Our right to claim injunctive relief in respect of such breach.
18.4 Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.
18.5 If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
18.6 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
18.7 These terms and the Subscription Fee Schedule constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this agreement. Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this agreement or not) other than as expressly set out in these Terms. The only remedy available to it for breach of these Terms shall be for breach of contract under the terms of these Terms.
18.8 English law governs this agreement and any claim, dispute, actions or proceedings (whether contractual or non-contractual) arising out of or in connection with it and the parties submit to the exclusive jurisdiction of the English courts.
19 TERMINATION AND OUR RIGHT TO TERMINATE
19.1 We may suspend or end the contract between us, terminating your right to use the Platform or the Services, if:
- You do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example valid contact details;
- You seriously (as determined by Physio4Me) or repeatedly breach any of these Terms.
19.2 You must compensate us if you breach these Terms. If this happens we may deduct from any refund due to you, or charge you, reasonable compensation for the net costs we will incur as a result of your breach.
19.3 Physio4Me may also terminate all access to the Platform or the Services at any time, without notice. In such circumstances, subject to you having complied with these Terms, Physio4Me will endeavour to refund to you any funds due to you in respect of unfulfilled Services so far as it is legally able to do so.
19.4 Physio4Me will advise You of any termination via the contact email provided by You.
20.1 Upon termination of your Account for whatever reason, Physio4Me has the right to delete all data, files or other information relating to you that it stores or controls for any reason, subject to UK law concerning the keeping and maintenance of medical/patient records and also data protection and the secure destruction of personal data.
20.2 The following clauses shall continue to apply after termination of the contract between you and Physio4Me for any reason: Security (clause 7); Intellectual Property (clause 13); Limitation on Liability (clause 17); Privacy (clause 26); Applicable Law (clause 27); and any other provisions stated to continue or required to continue in relation to any outstanding matters.
21 DELIVERY OF SERVICES – ONLINE PAYMENTS / SUBSCRIPTIONS
21.1 When subscribing to our online service you are purchasing a subscription from Physio4Me Global Ltd (“Physio4Me”) , a company registered in England (company number 11737395).
21.2 Our Payment Service Provider is PayPal. It is PayPal’s utmost priority to ensure that transaction data is handled in a safe and secure way. PayPal uses a range of secure methods to ensure that You are protected. So when buying through our site, you can be sure that you are completely protected.
21.3 Physio4Me reserves the right to modify its Costs and/or pricing structure at any time, at its sole discretion and implement the new Costs and/or price structure at any time prior to billing you for payments due pursuant to these Terms. You understand that the Platform and the Services may not be provided if your billing information is inaccurate, invalid, without funds (not in funds) or any pre-authorisation by us provides a negative response (as determined by Physio4Me).
22.1 If you think you are due a refund you must Contact Us as soon as possible providing a full description in writing of the issue or concern you are raising.
22.2 We do not provide refundswhere Physio4Me is not at fault, such as in the following circumstances (which is NOT AN EXHAUSTIVE LIST but an indication only):
- a) If you are unable to access the Platform due to an error with your internet access or your computer (whatever the reason);
- b) If it took longer than the published to gain access to the Platform.
23 CIRCUMSTANCES OUTSIDE OUR CONTROL
23.1 Neither Physio4Me, nor its officers, employees or agents, shall be responsible if the supply of the Services is delayed or prevented by circumstances outside its control. If this happens we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or failure. If there is a risk of substantial delay you mayContact Usto cancel your Service and receive a refund for any Services you have paid for but not received.
24 NO THIRD PARTY RIGHTS
24.1 Nobody else has any rights under these Terms. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
25.1 You need our consent to transfer any rights under these Terms to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
25.2 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
27 APPLICABLE LAW
27.1 These Terms are governed by English law.
28.1 If a court finds part of these Terms illegal for any reason, the rest will continue in force. Each of the clauses operates separately; if any court or relevant authority decides that any clause is unlawful, the remaining clauses will remain in full force and effect.
29.1 Even if we delay in enforcing any of these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
30.1 Physio4Me may contact you by email to the email address provided by Yourself in Your Account or by a general notice on the Platform.
30.2 You may contact Physio4Me at any time via Contact Us.
31 COMMENTS AND SUGGESTIONS
31.1 Physio4Me welcomes suggestions and submissions by its Customers. Please Contact Us.
31.2 Please note that by sending us ideas, artwork, computer code or creative materials you assign all copyright and other intellectual property rights in such materials to Physio4Me; you also waive your moral rights in respect of the same.
31.3 Physio4Me shall have the right to use any such creative materials for any lawful purpose, including but not limited to reproduction, disclosure and publishing, without any compensation to you.
31.4 The rights in this clause do not apply to any personal information you submit and that is held by Physio4Me.