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 CLICKING “ACCEPT” 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 CLICK “DO NOT AGREE”. BY NOT AGREEING 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 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”).
1.2 Why you should read them.
Please read these terms carefully before you subscribe to the Physioplus Digital Content. 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.
By subscribing to Physioplus, you also agree to be legally bound by:
- our Terms of Service [https://members.physio-pedia.com/home/physiopedia-plus…s-and-conditions/], 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 firstname.lastname@example.org.
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 access the Physioplus Digital Content 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 and/or because your conduct with respect to services we have provided to you previously has been unprofessional.
4. OUR RIGHTS TO MAKE CHANGES
4.1 Updates to the Physioplus Digital Content.
We may update the Physioplus Digital Content:
- to reflect changes in relevant laws and regulatory requirements;
- in accordance with developments in scientific or medical knowledge; and
- as a result of user feedback, provided that the 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 from time to time.
5. EQUIPMENT AND BROWSER REQUIREMENTS
You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the Physioplus Digital Content. 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 Digital Content.
You may access the Physioplus Digital Content until the subscription expires (if applicable) or you end the contract as described in clause 11 or we end the contract 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 Digital Content 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 contract 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 Digital Content 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 access the Physioplus Digital Content. 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 contract 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 Digital Content 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 Physioplus Digital Content.
We may have to suspend the Physioplus Digital Content to:
- deal with technical problems or make minor technical changes;
- update 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 PHYSIOPEDIA PLUS DIGITAL CONTENT
We will contact you in advance to tell you we will be suspending the Physioplus Digital Content, unless the problem is urgent or an emergency. If we have to suspend the Physioplus Digital Content for longer than 48 hours in any 30 day period we will adjust the price so that you do not pay for Physioplus Digital Content while they are suspended. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, 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 Digital Content in respect of the period after you end the contract.
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 this contract), but you will not own it. We give you permission to use it (also known as a ‘licence’) as set out in this clause 6.1 and for the purpose of you using and enjoying it according to this contract.
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 7.1, 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 Physjoplus 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 email@example.com 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.
9.4 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 log in details secret and will not share them with anyone else.
11. YOUR RIGHTS TO END THE CONTRACT
11.1 You can always end your contract with us.
Your rights when you end the contract will depend on:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get some or all of your money back), see clause 14;
- If you want to end the contract 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 the Physioplus Digital Content, 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 contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at 11.2.1 to 11.2.5 below the contract 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 Digital Content 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 Digital Content and you do not wish to proceed;
- there is a risk that supply of the Physioplus Digital Content may be significantly delayed because of events outside our control;
- we have suspended supply of the Physioplus Digital Content 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 contract 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 contract 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 contract before it is completed. The contract is completed at the end of the Subscription Period. If you want to end the contract in these circumstances, just contact us to let us know. The contract 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 CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
12.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
- Email. Email us at firstname.lastname@example.org. 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/contact-us/] on our website.
12.2 How we will refund you.
We will refund you the price you paid for the PhysiopPlus Digital Content, 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 Digital Content 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 CONTRACT
13.1 We may end the contract if you break it.
We may end the contract at any time by writing to you if you breach these terms and conditions or the Terms of Service [https://members.physio-pedia.com/home/physiopedia-plus…s-and-conditions/], 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.
13. 2 We may withdraw the Physioplus Digital Content.
We may write to you to let you know that we are going to stop providing the services. We will let you know at least 24 hours in advance of our stopping the 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 Digital Content.
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 Digital Content, please contact us. You can email us at email@example.com 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 Digital Content. Nothing in these terms will affect your legal rights.
Summary of your key 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 Digital Content.
The price of the Physioplus Digital Content will be the price indicated on the Physioplus webpages when you placed your order.
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 Digital Content.
15.3 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 Digital Content 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 may update your account settings at any time to select [“do not automatically renew subscription”] in which case the subscription shall end at the end of the Subscription Period.]
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. 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.
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.
16.2 We are not liable for business losses.
We only supply the Physioplus Digital Content for domestic and private use. If you use the Physioplus Digital Content 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.
We will use the personal information you provide to us:
- to process your payment for the Physioplus Digital Content;
- to enable you to participate in the Physioplus forum;
- for the purpose of monitoring your progress on any Physioplus course and on successful completion of any such course, preparing and providing you with your certificate; and
- to give you information about similar services that we provide, and provide you with a newsletter by email, but you may stop receiving this at any time by contacting us.
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 contract 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.