Terms and Conditions
Please read the following important “Terms and Conditions” before you apply to subscribe to the Plus Services (as defined below). By checking the box marked “I agree to the Plus Terms and Conditions” and clicking the “submit and check out” button, you agree to be bound by these Terms and Conditions. It is therefore important that you carefully read and ensure that you understand the terms set out within. If you do not agree to the terms of this contract, please do not check the box “I agree to the Plus Terms and Conditions”. Please note that unless you agree to the terms of this contract, you will not be able to subscribe to the Plus Services.
1. THESE TERMS
Who we are and how to contact us
1.1 The website at https://members.physio-pedia.com/ (“Site”) is a website operated by Physiopedia Plus Ltd (referred to as “we”, “us”, “our”). We are registered in England and Wales under company number 07878211 and have our registered office at 10 Queen Street Place, London, EC4R 1BE.
1.2 You can contact us by email at [email protected].
1.3 If we have to contact you, we will do so by writing to you at the email address you provided to us as part of your Plus subscription application.
1.4 When we use the words “writing” or “written” in these terms, this includes email.
What these terms cover
1.5 These are the terms and conditions on which you may subscribe to access the Site in order to:
- 1.5.1 access professional development resources (such as online courses, selected books, journals, articles, videos, podcasts, monthly evidence updates), telehealth solutions and other online materials provided by us through the Site from time to time (the “Plus Digital Content”)
- 1.5.2 record your professional development using a personal dashboard; and
- 1.5.3 connect with physiotherapists worldwide through the Plus Forum,
(together, the “Plus Services”) for 12 months from the date on which we email you confirming that we have accepted your subscription (the “Subscription Period”).
Why you should read them
1.6 Please read these terms carefully before you subscribe to the Plus Services. These terms tell you who we are, how we may change this contract, how you and we may end this contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Other terms you agree to be bound by
1.7 When you subscribe to the Plus Services, you will also be required to agree to be legally bound by:
- 1.7.3 any other terms which may add to, or replace some of, this contract. This may happen for legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice. You can end this contract at any time if you do not agree to an upcoming change to these Terms and Conditions (see clause 12.2.1).
2. OUR CONTRACT WITH YOU
How we will accept your subscription application
2.1 Our acceptance of your application to subscribe to the Plus Services will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.2 We reserve the right to refuse to accept your subscription application. If we do not accept your subscription application, we will inform you of this in writing and we will not take payment. Refusal may be because your conduct with respect to services we have provided to you previously has been unprofessional, or for other valid reason.
3. OUR RIGHTS TO MAKE CHANGES
3.1 We may update the Plus Digital Content and make changes to the Plus Services:
- 3.1.1 to reflect changes in relevant laws and regulatory requirements;
- 3.1.2 in accordance with developments in scientific or medical knowledge;
- 3.1.3 to implement minor technical adjustments and improvements, for example, a security threat; and
- 3.1.4 as a result of user feedback, provided that the Plus Digital Content shall always match the description of it that we provided to you immediately prior to you accessing it.
3.2 We will also add new Plus Digital Content, as well as remove old or out-of-date Plus Digital Content, from time to time, so as to keep the Plus Services as current as reasonably possible.
4. EQUIPMENT AND BROWSER REQUIREMENTS
4.1 You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the Plus Services. The Plus Digital Content is best viewed by using of one of the following browsers:
- 4.1.1 Google Chrome 5.0 or higher;
- 4.1.2 Internet Explorer 8 or higher;
- 4.1.3 Firefox 3.5 or higher; or
- 4.1.4 Safari 5.0 or higher.
5. PROVIDING THE PLUS SERVICES
When we will provide the Plus Services
5.1 You may access the Plus Services as soon as we accept your subscription application (see clause 2.1) until the earlier of: (i) the expiry of the Subscription Period; (ii) you terminating the subscription as described in clause 12; or (iii) us terminating the subscription by written notice to you as described in clause 14.
We are not responsible for delays outside our control
5.2 If our supply of the Plus Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this in a reasonable timeframe we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the subscription and receive a refund for any term of the Subscription Period you have paid for but has not yet passed.
What will happen if you do not give required information to us
5.3 We may need certain information from you so that we can provide the Plus Services to you, for example, your name, email address and payment card details. If so, this will have been stated when you apply for a subscription to Plus. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the subscription or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for not providing the Plus Services if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the provision of the Plus Services
5.4 We may have to suspend the provision of the Plus Services and/or access to certain Plus Digital Content in order to:
- 5.4.1 deal with technical problems or make minor technical changes;
- 5.4.2 update the Plus Services (for example, the Plus Digital Content) to reflect changes in relevant laws and regulatory requirements, and/or developments in scientific or medical knowledge; and/or
- 5.4.3 make changes to the Plus Digital Content requested by the provider or author of such Plus Digital Content.
6. YOUR RIGHTS IF WE SUSPEND THE PLUS SERVICES
We will contact you in advance to tell you we will be suspending the Plus Services, unless the problem is urgent. If the Plus Servcies are suspended for a period of more than 7 consecutive days we will refund any sums you have paid in advance for the Plus Services in respect of the remaining term of the Subscription Period.
7. HOW YOU MAY USE MATERIAL ON OUR SITE
7.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. When you download or stream materials on the Site, you will have the right to use it (as set out in these terms), but you will not own it. We give you permission to use it (also known as a “licence”) as set out in this clause 7 and for the purpose of you using and enjoying it according to these terms.
7.2 You may use the Site content for your personal use wherever you want in the world but only if you comply with local laws. For the avoidance of doubt, you may not use the Site Content for commercial use. The material on the Site is non-exclusively licensed to you, which means that we may supply the same or similar content to other customers.
7.3 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
7.4 You must not use any part of the content on our Site
- 7.4.1 for commercial purposes, including distributing or selling the content to a third party; or
- 7.4.2 in any way that infringes any of our intellectual property rights or any intellectual property rights of a third party,
without obtaining a licence to do so from us or our licensors.
7.5 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.6 If you print off, copy, download, share or repost any part of our Site in breach of these terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7.7 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged (except where the content is user-generated). Except where you have permission to use the content of the Site under this clause 7, you will not obtain any rights of ownership or other rights (of whatever nature).
8. DO NOT RELY ON INFORMATION ON THIS SITE
8.1 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. You agree that, in using content on our Site, you will exercise all the reasonable skill, care and diligence to be expected of a properly qualified and competent physiotherapist.
8.2 Although we make reasonable efforts to update the information on our Site to reflect scientific discoveries, research developments and current best practice, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
9. PLUS FORUM
9.1 The Plus Services includes access to and use of the Plus Forum. From time to time users may post content that you consider to be offensive, inappropriate or indecent. We do not have control over content that is posted by our users. However, if you do see any such content, please report this to us by email at [email protected] and we will review the content and if, in our sole discretion, we believe that the content breaches the terms of the contract with such user or may affect our reputation or bring us into disrepute, we will remove such content from the forum.
9.2 You agree that you are responsible for any communication and other interaction between yourself and other users. You agree not to upload any content that is, or could be considered:
- 9.2.1 unprofessional for a healthcare professional to upload;
- 9.2.2 offensive, indecent, defamatory, libellous, harassing, unlawful or otherwise objectionable;
- 9.2.3 likely, or reasonably likely, to incite ethnic or racial hatred or violence;
- 9.2.4 advertising or other promotion of goods and services which we have not authorised;
- 9.2.5 to infringe the intellectual property rights of any third party; or
- 9.2.6 inciting a terrorist offence, soliciting any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threatening to commit a terrorist offrence
9.3 You warrant that any contribution you make to the Plus Forum and to the Site complies with clause 9.2, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
9.4 Any content you upload to our Site including the Plus Forum will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in clause 10.
9.5 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site and the Plus Forum constitutes a violation of their intellectual property rights or of their right to privacy.
9.6 If you wish to contact us in relation to content you have uploaded to our Site and that we have taken down, please contact [email protected].
9.7 You are solely responsible for securing and backing up your content.
10. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
10.1 When you upload or post content to our Site, you grant us the following rights to use that content:
- 10.1.1 a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Site and across different media including to promote the Site or the service in perpetuity; and
- 10.1.2 a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes in perpetuity.
11. YOUR ACCOUNT
You must treat your account log-in information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by email at [email protected].
12. YOUR RIGHTS TO END THE SUBSCRIPTION
You can always end your subscription with us.
12.1 Your rights when you end your subscription will depend on:
- 12.1.1 if what you have bought is faulty or mis-described you may have a legal right to end the subscription (or to get some or all of your money back), see clause 15;
- 12.1.2 if you want to end the subscription because of something we have done or have told you we are going to do, see clause 13.2;
- 12.1.3 if you have just changed your mind about subscribing to use the Plus Services, see clause 12.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
- 12.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see clause 12.6.
Ending the subscription because of something we have done or are going to do
12.2 If you are ending the subscription for a reason set out at 12.2.1 to 12.2.5 below, the subscription will end immediately and we will refund you in full for any term of the Subscription Period which has not yet expired. The reasons are:
- 12.2.1 we have told you about an upcoming change to the Plus Services or these terms which you do not agree to;
- 12.2.2 we have told you about an error in the price of the subscription or description of the Plus Services and you do not wish to proceed;
- 12.2.3 there is a risk that supply of the Plus Services may be significantly delayed because of events outside our control;
- 12.2.4 we have suspended supply of the Plus Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 72 hours; or
- 12.2.5 you have a legal right to end the subscription because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013)
12.3 For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When you don’t have the right to change your mind.
12.4 You acknowledge that as soon as you start viewing, downloading or streaming the Plus Digital Content you lose the right to change your mind under Clause 12.3.
How long do I have to change my mind?
12.5 You have 14 days after the day we email you to confirm we accept your application or, if earlier, until you start viewing, downloading or streaming the Plus Digital Content.
Ending the subscription where we are not at fault and there is no right to change your mind
12.6 Even if we are not at fault and you do not have a right to change your mind (see clause 12.1), you can still end the subscription before the end of the Subscription Period. If you want to end the subscription in these circumstances, just contact us to let us know. The subscription will end immediately. We will refund a pro-rated amount in respect of payment for the remaining term of the Subscription Period.
13. HOW TO END THE SUBSCRIPTION WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the subscription
13.1 To end the subscription with us, please let us know by doing one of the following:
- 13.1.1 Online. Complete the cancellation form.
- 13.1.2 Email. Email us at [email protected]. Please provide your name, email address, and details of the order.
How we will refund you
13.2 We will refund you the price you paid for the subscription, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind
13.3 If you are exercising your right to change your mind we may deduct from any refund an amount, as described in 13.3.1 to 13.3.2 below:
- 13.3.1 for the supply of the Plus Services for the Subscription Period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to the period of the Subscription Period that has passed, in comparison with the full term of the Subscription Period;
- 13.3.2 minus any fees that may be charged to us to process the refund.
When your refund will be made
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
14. OUR RIGHTS TO END THE SUBSCRIPTION
We may end the subscription if you breach these terms.
14.1 We may end the subscription at any time by writing to you if you breach these Terms and Conditions, in which case we will notify you in writing of the breach and require that you undertake remedial action within 14 days. If we end the subscription as set out in this clause 14.1, we will refund you a pro-rated amount in respect of any term of the Subscription Period for which you have paid for and which has not yet elapsed, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching these Terms and Conditions.
We may withdraw the Plus Services.
14.2 We may write to you to let you know that we are going to stop providing the Plus Services. We will let you know at least 24 hours in advance of our stopping the Plus Services and will refund any sums you have paid in advance for the term of the Subscription Period which has not passed as at the date we stop providing the Plus Services.
15. IF THERE IS A PROBLEM WITH THE PLUS SERVICES
How to tell us about problems
15.1 If you have any questions or complaints about the Plus Services or the Plus Digital Content, please contact us. You can email us at [email protected] or contact us by using the online contact form.
Summary of your legal rights
15.2 See below for a summary of your key legal rights in relation to the Plus Services. Nothing in these terms will affect your legal rights.
15.3 This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call +44 (0)3454 04 05 06. If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- 15.3.1 if your digital content is faulty, you’re entitled to a repair or a replacement,
- 15.3.2 if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back,
- 15.3.3 if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
Please also see The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 for further information on your right to cancel.
16. PRICE AND PAYMENT
Where to find the price for the Plus Services.
16.1 The price of the Plus Services will be the price indicated on the Plus web pages when you applied for a subscription.
When you must pay and how you must pay
16.2 We accept payment with credit card (Visa and Mastercard) or by PayPal. You must pay the fee for the Subscription Period before you are able to access and receive the Plus Services. We will take payment for the subscription upon our acceptance of your application (see clause 2).
Changes in VAT
16.3 We will pass on changes at the rate of VAT. If the rate of VAT changes between your application for a subscription to the Plus Services and the date we accept your application, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
16.4 No less than 30 days before the end of the Subscription Period we will notify you in writing of the date on which the Subscription Period ends and that unless you cancel your Plus subscription by updating your account settings, your subscription to the Plus Services will automatically renew and on the next business day date immediately following the last day of the Subscription Period, we will automatically take payment from your credit card for the subscription fee.
You have 14 days following renewal of the Subscription Period to cancel your subscription and can do this by updating your account settings and we will refund you the subscription fee in full, minus any fees that we have been charged to us to process the subscription renewal and/or the refund. However, you acknowledge that as soon as you start viewing, downloading or streaming the Plus Digital Content you lose this right to cancel renewal of the subscription.
What to do if you think an invoice is wrong
16.5 If you think an invoice is wrong, please contact us within 28 days of the date of the invoice to let us know.
17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user
17.1 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 and for fraud or fraudulent misrepresentation.
If you are a business user
17.2 We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- 17.2.1 use of, or inability to use, our Site; or
- 17.2.2 use of or reliance on any content displayed on our Site.
17.3 In particular, we will not be liable for:
- 17.3.1 loss of profits, sales, business, or revenue;
- 17.3.2 business interruption;
- 17.3.3 loss of anticipated savings;
- 17.3.4 loss of business opportunity, goodwill or reputation; or
- 17.3.5 any indirect or consequential loss or damage.
If you are a consumer
17.4 If you are a consumer, we only supply the Plus Services to you for domestic and private use. If you use the Plus Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.5 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation on terms to be agreed. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
18. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information.
19. OTHER IMPORTANT TERMS
We may transfer this agreement to someone else
19.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the subscription within 30 days of us telling you about it and we will refund you a pro-rated amount of the fee in respect of the Subscription Period that has not yet passed.
You need our consent to transfer your rights to someone else
19.2 Subject to clause 19.2 below, you may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
19.3 Clause 19.2 does not apply in circustmances where we grant business users access to an administration dashboard on the Site for internal use within an organisation.
19.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force
19.5 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
19.6 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 breaking this contract, 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.
Which country’s laws apply to any disputes?
19.7 If you are a consumer, please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
19.8 If you are a business, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Last updated : [October] 2022