PLEASE READ THE FOLLOWING IMPORTANT TERMS AND CONDITIONS BEFORE YOU APPLY TO SUBSCRIBE TO PHYSIOPLUS OR DOWNLOAD OR STREAM ANY OF THE PHYSIOPLUS DIGITAL CONTENT. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 11.4 OF THIS CONTRACT WHICH STATES THAT YOU HAVE NO RIGHT TO CANCEL THE CONTRACT ONCE YOU START DOWNLOADING OR STREAMING ANY OF THE PHYSIOPLUS DIGITAL CONTENT.
BY CHECKING THE BOX MARKED “I AGREE TO THE PHYSIOPLUS TERMS AND CONDITIONS” AND CLICKING THE “SUBMIT AND CHECK OUT” BUTTON, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS CONTRACT. IT IS THEREFORE IMPORTANT THAT YOU CAREFULLY READ AND ENSURE THAT YOU UNDERSTAND THE TERMS SET OUT WITHIN IT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS CONTRACT, PLEASE DO NOT CHECK THE BOX “I AGREE TO THE PHYSIOPLUS TERMS AND CONDITIONS”. PLEASE NOTE THAT UNLESS YOU AGREE TO THE TERMS OF THIS CONTRACT, YOU WILL NOT BE ABLE TO SUBSCRIBE TO PHYSIOPLUS.
1. THESE TERMS
1.1 What these terms cover.
These are the terms and conditions on which you may subscribe to access the Physioplus digital content for the provision of online courses and online access to selected books, journals, articles, videos, podcasts, receive monthly email alerts and other online materials provided by us through Physioplus from time to time (the “Physioplus Digital Content”) for 12 months from the date on which we email you confirming that we have accepted your subscription (the “Subscription Period”). These terms and conditions also apply to your right as part of such subscription to record your professional development using a personal dashboard and to connect with physiotherapists worldwide through the Physioplus forum during the Subscription Period (together with the receipt of the Physioplus Digital Content, the “Physioplus Services”).
1.2 Why you should read them.
Please read these terms carefully before you subscribe to Physioplus. These terms tell you who we are, how we may change the contract, how you and we may end the 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.
1.3 Other terms you agree to be bound by.
When you subscribe to Physioplus, you will also be required to agree to be legally bound by:
- our Terms of Service, which set out the terms on which you may use members.physio-pedia.com (the “Site”), the information on the Site and related Physioplus services (collectively, the “Physioplus Services”);
- extra 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 11.2.1).
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are Physioplus Ltd, a company registered in England and Wales. Our company registration number is 07878211 and our registered office is at 10 Queen Street Place, London, EC4R 1BE.
2.2 How to contact us.
You can contact us by email at email@example.com.
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us as part of your Physioplus subscription application.
2.4 “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your subscription application.
Our acceptance of your application to subscribe to the Physioplus Services will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your application.
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 will not take payment. Refusal may be because you are not a physiotherapist, physical therapist or other health professional, because your conduct with respect to services we have provided to you previously has been unprofessional, or for other valid reason.
4. OUR RIGHTS TO MAKE CHANGES
We may update the Physioplus Digital Content and make changes to the Physioplus Services:
- to reflect changes in relevant laws and regulatory requirements;
- in accordance with developments in scientific or medical knowledge;
- to implement minor technical adjustments and improvements, for example, a security threat; and
- as a result of user feedback, provided that the Physioplus Digital Content shall always match the description of it that we provided to you immediately prior to you accessing it.
We will also add new Physioplus Digital Content, as well as removing old or out-of-date Physioplus Digital Content, from time to time, so as to keep the Physioplus Services current.
5. EQUIPMENT AND BROWSER REQUIREMENTS
You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the Physioplus Services. The Physioplus Digital Content is best viewed by using of one of the following browsers:
- Google Chrome 5.0 or higher
- Internet Explorer 8 or higher
- Firefox 3.5 or higher
- Safari 5.0 or higher
6. PROVIDING THE PHYSIOPLUS SERVICES
6.1 When we will provide the Physioplus Services.
You may access the Physioplus Services as soon as we accept your subscription application (see clause 3.1) until the earlier of: (i) expiry of the Subscription Period; (ii) until you end the subscription as described in clause 11; or (iii) until we end the subscription by written notice to you as described in clause 13.
6.2 We are not responsible for delays outside our control.
If our supply of the Physioplus 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 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.
6.3 What will happen if you do not give required information to us.
We may need certain information from you so that we can provide the Physioplus 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 Physioplus. 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 Physioplus Services if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.4 Reasons we may suspend the provision of the Physioplus Services.
We may have to suspend the provision of the Physioplus Services and/or access to certain Physioplus Digital Content to:
- deal with technical problems or make minor technical changes;
- update the Physioplus Services (for example, the Physioplus Digital Content) to reflect changes in relevant laws and regulatory requirements, and/or developments in scientific or medical knowledge; and/or
- make changes to the Physioplus Digital Content requested by the provider or author of such Physioplus Digital Content.
7. YOUR RIGHTS IF WE SUSPEND THE PHYSIOPLUS DIGITAL CONTENT
We will contact you in advance to tell you we will be suspending the Physioplus Services, unless the problem is urgent or an emergency. If we have to suspend the Physioplus Services for longer than 48 hours in any 30 day period we will adjust the price so that you do not pay for the Physioplus Services while they are suspended. You may contact us to end the subscription if we suspend the Physioplus Services, or tell you we are going to suspend them, in each case for a period of more than 7 consecutive days and we will refund any sums you have paid in advance for the Physioplus Services in respect of the remaining term of the Subscription Period.
8. PHYSIOPLUS DIGITAL CONTENT
When you download or stream the Physioplus Digital Content, 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 8 and for the purpose of you using and enjoying it according to these terms.
Physioplus Digital Content:
- is personal to you. You can use it for your personal use wherever you want in the world but only if you comply with local laws and you may not use it for any business purposes;
- is non-exclusively licensed to you, which means that we may supply the same or similar the Physioplus Digital Content to other customers;
- may not be:
- distributed or sold by you to any third party;
- used by use in a way that infringes any of our intellectual property rights or any intellectual property rights of a third party through unpermitted use of the Physioplus Digital Content; or
- used for any commercial purpose.
Except where you have permission to use the Physioplus Digital Content under this clause 8, you will not obtain any rights of ownership or other rights (of whatever nature) in the Physioplus Digital Content.
9. PHYSIOPLUS FORUM
As part of your Physioplus subscription, you may use the Physioplus 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 firstname.lastname@example.org and we will review the content and if, in our discretion, we believe that it breaches the terms of the contract with such user or may affect our reputation, we will remove such content from the forum. We do not actively monitor content uploaded by users.
We are not responsible for the accuracy of any content posted by users.
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:
- unprofessional for a health care professional to upload;
- offensive, indecent, defamatory, libellous, harassing, unlawful or otherwise objectionable;
- likely, or reasonably likely, to incite ethnic or racial hatred or violence;
- advertising or other promotion of goods and services which we have not authorised; or
- infringes the intellectual property of any third party.
10. YOUR ACCOUNT
You agree that you will keep your account login details secret and will not share them with anyone else.
11. YOUR RIGHTS TO END THE SUBSCRIPTION
11.1 You can always end your subscription with us.
Your rights when you end your subscription will depend on:
- If what you have bought is faulty or misdescribed you may have a legal right to end the subscription (or to get some or all of your money back), see clause 14;
- If you want to end the subscription because of something we have done or have told you we are going to do, see clause 11.2;
- If you have just changed your mind about subscribing to use the Physioplus Services, see clause 11.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 11.6.
11.2 Ending the subscription because of something we have done or are going to do. If you are ending the subscription for a reason set out at 11.2.1 to 11.2.5 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:
- we have told you about an upcoming change to the Physioplus Services or these terms which you do not agree to;
- we have told you about an error in the price of the subscription or description of the Physioplus Services and you do not wish to proceed;
- there is a risk that supply of the Physioplus Services may be significantly delayed because of events outside our control;
- we have suspended supply of the Physioplus 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 48 hours; or
- you have a legal right to end the subscription because of something we have done wrong.
11.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
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.
11.4 When you don’t have the right to change your mind.
You acknowledge that as soon as you start viewing, downloading or streaming the Physioplus Digital Content you lose the right to change your mind under Clause 11.3.
11.5 How long do I have to change my mind?
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.
11.6 Ending the subscription where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see clause 11.1), 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.
12. HOW TO END THE SUBSCRIPTION WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
12.1 Tell us you want to end the subscription.
To end the subscription with us, please let us know by doing one of the following:
- Email. Email us at [email@example.com]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the form [https://members.physio-pedia.com/membership-account/membership-cancel/] on our website.
12.2 How we will refund you.
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.
12.3 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the Physioplus 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.
12.4 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.
13. OUR RIGHTS TO END THE SUBSCRIPTION
13.1 We may end the subscription if you breach these terms.
We may end the subscription at any time by writing to you if you breach these terms and conditions or the Terms of Service, in which case we will notify you in writing of the breach and require that you undertake specified remedial steps within the time period specified in the notice.
If we end the subscription as set out in this clause 13.1, 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 breaking these terms and conditions or the Terms of Service.
13.2 We may withdraw the Physioplus Services.
We may write to you to let you know that we are going to stop providing the Physioplus Services. We will let you know at least 24 hours in advance of our stopping the Physioplus 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 Physioplus Services.
14. IF THERE IS A PROBLEM WITH THE PHYSIOPLUS SERVICES
14.1 How to tell us about problems.
If you have any questions or complaints about the Physioplus Services or the Physioplus Digital Content, please contact us. You can email us at [firstname.lastname@example.org] or contact us by using our online form [https://members.physio-pedia.com/contact-us/] on our website.
14.2 Summary of your legal rights.
See the box below for a summary of your key legal rights in relation to the Physioplus Services. Nothing in these terms will affect your legal rights.
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, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
• if your digital content is faulty, you’re entitled to a repair or a replacement,
• 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,
• 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.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
15. PRICE AND PAYMENT
15.1 Where to find the price for the Physioplus Services.
The price of the Physioplus Services will be the price indicated on the Physioplus webpages when you applied for a subscription.
15.2 When you must pay and how you must pay.
We accept payment with credit card (Visa and Mastercard). You must pay the fee for the Subscription Period before you are able to access and receive the Physioplus Services. We will take payment for the subscription upon our acceptance of your application (see clause 3).
15.3 Changes in VAT.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your application for a subscription to the Physioplus 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.
15.4 Automatic renewal.
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 Physioplus subscription by updating your account settings, your subscription to the Physioplus 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. However, you acknowledge that as soon as you start viewing, downloading or streaming the Physioplus Digital Content you lose this right to cancel renewal of the subscription.
15.4 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2 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.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation.
16.3 When we are liable for damage to your property
If defective digital content which 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. However, we will not be liable for damage which was caused by you failing to have in place minimum system requirements advised by us.
16.4 We are not liable for business losses.
We only supply the Physioplus Services for domestic and private use. If you use the Physioplus 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. HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 How we will use your personal information.
18. OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else.
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.
18.2 You need our consent to transfer your rights 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. We may not agree if the person to whom you wish to transfer your rights is not a physiotherapist, physical therapist or other health professional.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force.
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.
18.5 Even if we delay in enforcing this contract, we can still enforce it 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 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.
18.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts, however, if you live outside of England, this does not affect your right to any mandatory law which applies in the country in which you live.