ACCESS TO THE SITE
Clinical Physio attempts to ensure continuous, uninterrupted access to the site. Nevertheless, we are unable to guarantee that services will not be interrupted from time to time without notice, either due to unforeseen circumstances, or in the process of bringing you new features and services. Furthermore, you acknowledge that the nature of the services we provide may change from time to time without prior notice. You agree that you are solely responsible (and that neither Clinical Physio nor any third party has any responsibility for) your actions in relation to the website, as well as any breaches of your obligations under the terms and conditions of use. This extends to any consequences (including any loss or damage) which may arise to yourself, Clinical Physio, or any third party as a result of your actions. Clinical Physio reserves the right to refuse or cancel any person’s or institution’s membership, without refund if they feel that said person or institution has abused, violated or aimed to manipulate the terms of service, or for any reason they see fit. Sharing membership or log-in details with another person is strictly prohibited and may result in your membership being terminated without refund. Should we deem that you have intentionally shared your individual log-in details with another person or persons, we reserve the right to take legal action against you in relation to intellectual property theft.
THE AGREEMENT: The use of this App and services on this website provided by Clinical Physio Ltd company incorporated in England, the United Kingdom, that sells Clinical Education (hereinafter referred to as “Platform“) is subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use website and App (hereinafter collectively referred to as “Platform“) and any services provided by or on this Platform (“Services”).
MEMBERSHIP AND ACCOUNTS
In order to access certain parts of the site, we require you to register using your name/ email. You must provide accurate and up-to-date information when subscribing, and ensure that you update it when appropriate. You agree that you are solely responsible (to Clinical Physio and to third parties) for all activity originating from your account. Passwords and confirmation codes issued to you, or created by you should be kept confidential and never shared. If you become concerned that a breach of security or any unauthorised use has occurred on your account, you should contact the Clinical Physio administrators immediately.
“We,” “us,” and “our” are references to CLINICAL PHYSIO.
“User,” “You,” and “your” denotes the person who is accessing the Platform for taking or availing of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this Platform.
” Platform” shall mean and include Clinical Physio and any successor Website of the Company or any of its affiliates.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
ASSENT & ACCEPTANCE
- YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
- LIMITATIONS OF OUR LIABILITY TO YOU; AND
- A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.
You must be at least 18 (Eighteen) years of age to use this Platform or any Services contained herein. By using this Platform, you represent and warrant that you are at least 13 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.
Clinical Physio sells Clinical Education products to individuals seeking career advancement and to improve their knowledge and skills. Through our Platform, memberships can be purchased to allow access to e-learning programmes. Our products are for training purposes only, and nothing on our Platform should be construed as a recommendation for diagnosing or treating medical conditions. We provide a maximum of 6 handbooks per month in digital format for each user on personal request. Furthermore, you are not permitted to share or distribute our materials unless we have given you written permission (i.e., one person per training module/handbook/resource).
ACCURACY OF INFORMATION
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the Platform, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform should be taken to indicate that all information on the Platform or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted.
As a user of the Platform or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Platform and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information, as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the Platform or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
You will be required to pay a fee if you wish to join a specific membership tier. This fee is dependent on the package you order, and payment is required prior to gaining access to any content. Clinical Physio Membership is operated on a subscription basis. By joining the Membership, you agree to join a recurring subscription to our services, of which you will select, until you wish to cancel.
- The Sports Membership Subscription is an annual subscription, and thus your subscription will automatically renew annually on an annual basis, from the date your subscription starts, until you decide to cancel.
- The Essential Membership Subscription and the Premium Membership Subscription are monthly subscriptions, and thus your subscription will automatically renew on a monthly basis, from the date your subscription starts, until you cancel.
- Your subscription payment will be automatically processed on a monthly recurring basis from the date which you start your subscription. When a subscription payment is made, this signifies the start of the new “payment period”. You must cancel your subscription before the end of your previous payment period to stop your subscription renewing in the following subsequent payment period.
- Please note that if there is a discrepancy between the listed price and the price displayed at checkout, the higher of the two prices will apply. We reserve the right to cancel orders in the event of a pricing error or oversight. Moreover, we reserve the right to correct any pricing errors or mistakes at any time, and you agree to pay the total amount billed. Lastly, if we discover that you have shared the materials or courses without our permission, we may charge you the amount that we would have earned from each person with whom you shared this information.
- Due to the nature of the services we provide, we are unable to guarantee any refunds, whether full or partial. This means that even if you sign up and make a payment, you cannot receive a refund if you do not download or use the services. If you are dissatisfied, you must first bring your dispute to us, as we take chargebacks that violate our policies very seriously. Please be advised that in the majority of states or countries, using credit card chargebacks to receive free services from us is considered a criminal offence. Any fraudulent chargebacks will be reported to the perpetrator’s local law enforcement agency and forwarded to a collections agency for further action.
- Refunds: These are intangible goods. As a result, once accessed, we cannot refund e-learning purchases. Refunds will only be given if we are unable to deliver the e-learning package you ordered. We are not obliged to offer refunds unless there is a serious technical error or failure of our platform in providing the services advertised. Our product will not be considered undeliverable solely because you did not have access to a computer or other means with which to use it. This includes having compatible software and hardware with our e-learning packages. Clinical Physio reserves the right to not offer refunds for anyone who does not cancel their subscription before it renews.
- Offers: Clinical Physio may create offers of discounts on Membership pricing on an occasional basis at their own discretion. If offers are applied to Membership prices, Clinical Physio are not obliged to automatically or retrospectively apply said offers to existing members, or change the membership subscription prices of existing members in line with said offer, or provide any form of refund, including but not limited to a full, pro-rata or partial refund, in lieu of any discount offer. Clinical Physio reserves the right to adjust, or not to adjust, the pricing of existing membership subscriptions if an offer is released at their discretion.
The Platform permits you to share content, post comments, feedback, etc., but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the Platform, please do not post content that:
- contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature.
- It is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, and contains exaggeration or unsubstantiated claims.
- Violating the privacy rights of any third party is unreasonably harmful or offensive to any individual or community.
- Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
- Violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
- Sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
- Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the Platform without advanced notice.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
You agree not to use the Platform or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Platform or Services in any way that could damage the Platform, Services, or general business of Clinical Physio.
- You further agree not to use the Platform or Services:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
- To violate any of our intellectual property rights or any third party.
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
- To perpetrate any fraud.
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
- To publish or distribute any obscene or defamatory material.
- To publish or distribute any material that incites violence, hate, or discrimination towards any group.
- To unlawfully gather information about others.
HYPERLINKING TO OUR CONTENT
- Without prior written approval, the following organizations may link to our site:
- Government agencies.
- Search engines.
- News organizations.
- Online directory distributors, when they list us in the directory, may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups that may not hyperlink to our Web site.
- We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party’s site.
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and business information sources such as Chambers of Commerce and Consumers Union.
- dot.com community sites.
- Associations or other groups representing charities, including charity giving sites
- online directory distributors.
- Internet portals.
- Accounting, law, and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that the link will not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, are not permitted to link); (b) the organization does not have an unsatisfactory record with us, and (c) the benefit to us from the increased visibility associated with the hyperlink outweighs the cost of the link.
We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party’s Platform.
If you are one of the organizations listed in paragraph 2 and would like to link to our Platform, please contact us at [email protected]. List any URLs from which you intend to link to our Web site, along with the URL(s) on our site to which you would like to link. Response time is 2-3 weeks. Those approved may link to our site as follows:
- By using our company name, the URL (web address) being linked to, or any other description of our Platform or material that makes sense within the context and format of the linking party’s site.
No use of the Clinical Physio logo or other artwork will be allowed for linking absent a trademark license agreement.
You agree that the Platform and all Services provided by us are the property of Clinical Physio, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
- To make the Platform and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Platform (“Your Content”). We claim no further proprietary rights in your content.
- If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
Health Information: The Platform and Services provide information about the general principles of Clinical Education and its associated disciplines and are not intended as a working guide to patient care, drug administration or treatment. You understand and agree that this information is not meant to be a substitute for the advice of a physician or other licensed and qualified medical professional. You should not use any information on the Platform and Services to diagnose health problems or administer treatment. You should always consult a physician prior to taking any action based on the medical or health-related information found on this Platform. Information on the Platform and Services may refer to drugs, devices or techniques which are subject to government regulation, and it is the responsibility of the treating practitioner to comply with all applicable laws. We do not assume any liability for any injury, death and/or damage to persons or property arising from the material contained on the Platform or Services.
Educational Use Only: No commercial use of the Platform, Services or Content is permitted. This includes the use of knowledge, information, and facts in the research and related medical and scientific applications. We stand by our e-learning products. No guarantee can be made that a user will pass the associated exams or achieve any level of success. We teach the fundamentals to help you excel in your medical career, but we cannot guarantee specific results. As a result, you acknowledge that we are only providing educational programmes for your benefit and do not guarantee your exam success.
All content included in or made available through any Clinical Physio, such as text, graphics, logos, button icons, images, digital downloads, and data compilations, is the property of Clinical Physio or its content suppliers and protected by the United Kingdom and international copyright laws. The compilation of all content included in or made available through any Clinical Physio is the exclusive property of Clinical Physio and protected by the UK and international copyright laws.
We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of Clinical Physio’s policies.
At the same time, not all unauthorized uses of copyrighted content constitute an infringement. Exceptions to copyright infringement, such as the fair use doctrine or other applicable laws, allow the use of copyrighted work under certain circumstances.
Removal of Content; Suspension or Termination of Account
Any user content that infringes another person’s copyright may be removed. The account may be suspended or terminated for multiple copyright violations in connection with the use of the Clinical Physio site or other violations of the Terms of Service and Community Guidelines. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on the Clinical Physio site or otherwise hosted by Clinical Physio.
Copyright Infringement Notification
- Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community. You may also file a Copyright Infringement Report.
- All complaints should contain the information requested in our online Copyright Infringement Report form. Failure to include necessary information may limit our ability to investigate your claims and may result in your complaint being denied.
- We may provide the account holder with your contact information, including the email address and the name of the copyright owner, and/or details of the complaint.
- Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages to the United Kingdom. The UK Copyright Act (CA) or similar laws may be applicable in other countries.
Copyright Infringement Counter-Notification
- If you receive a copyright infringement notification that you believe to be in error or believe that you are authorized to use the content, you can reach out to the copyright owner directly to request a retraction.
- You may also provide us with a counter-notification via our Counter Notification Form. All counter-notification should contain the information requested in the Counter Notification Form. Failure to include necessary information may limit our ability to investigate your claims and may result in your counter-notification being denied.
- If we do not receive notice that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed if the material does not infringe on third-party copyright. The decision to re-post any material is at Clinical Physio’s sole discretion.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Clinical Physio and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, harm, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Clinical Physio, or (e) where information taken from the resources leads to an individual causing any injury, death and/or damage to persons or property arising from the material contained on the Platform or Services. Clinical Physio reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Clinical Physio in asserting any available defences. An Indemnified Party may participate in the defence by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the Clinical Physio Platform, including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Clinical Physio, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
You consent to the exclusive jurisdiction of a court of competent jurisdiction in London, United Kingdom, to hear any dispute arising out of or relating to this Agreement.
If you bring a dispute outside the scope of this section, you agree that we may move to dismiss it and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements.
You agree that if you file a claim against us and the court rules in our favour, you will be responsible for our reasonable attorneys’ fees, costs, and disbursements incurred as a result of the claim.
MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Platform and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
You agree that your use of the Platform and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Platform or Services will meet your needs or that the Platform or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Platform or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the Platform or Services is your sole responsibility and that we are not liable for any such damage or loss.
LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you because of your use of the Platform or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
GOVERNING LAW AND JURISDICTION
This Platform originates from the United Kingdom. The laws of the United Kingdom. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the United Kingdom. By using this Platform, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.
If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at [email protected]. This document was last updated on May 7, 2022