Therapist Terms and Conditions
Your attention is particularly drawn to the provisions of clause 13 (Limitation of liability).
1. About us
1.1 Company details. Sports Injury Fix Limited (company number 09980050) (we and us) is a company registered in England and Wales and our registered office is at 292 North Road, Cardiff CF14 3BN. We operate the website sportsinjuryfix.com (website).
1.2 Contacting us. To contact us e-mail email@example.com. How to give us formal notice of any matter under these Terms is set out in clause 18.2.
2. Our terms
2.1 Our terms. These terms and conditions (Terms) apply to your supply of information by you on our website and our provision of an online booking and customer notes services (Services) by us to you. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 Your terms. You may have terms and conditions you will want to impose on your patients. Please note that if the patient has used our Services, the terms provided to the patient by us will prevail if there is conflict between your terms and the terms set out at patient terms.
2.3 Entire agreement. These Terms are the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms.
2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
3. Creating an account and its acceptance
3.1 Creating an account. Please follow the onscreen prompts to create an account. You may only use the Services using the method set out on the site.
3.2 Correcting input errors. Our account opening process allows you to check and amend any errors before submitting your information to us. Please check the details carefully before confirming them. You are responsible for ensuring that your details and any specification or specialisms submitted by you are complete and accurate.
3.3 Acknowledging receipt of account details. After you submit your account details, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your account has been accepted. Our acceptance of your account will take place as described in clause 3.4.
3.4 Accepting your account. Our acceptance of your account takes place when we send an email to you to accept it (Account Confirmation), at which point and on which date (Commencement Date) the Terms between you and us will come into force.
3.5 If we cannot accept your account. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your account.
4. Cancelling your account
4.1 You may cancel your account, by giving us 14 days’ notice.
4.2 To cancel the account, you must email us at firstname.lastname@example.org. Please include your details to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from 14 days from the date of your last appointment. Please manage your bookings and availability on the website to ensure that you fulfil all appointments with our customers before closing an account.
5. Our services
5.1 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Terms or have any contractual force.
5.2 Compliance with specification. Subject to our right to amend the specification (see clause 5.3) we will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of the creation of your account in all material respects.
5.3 Changes to specification and these Terms. We reserve the right to amend the specification of the website if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such event.
5.4 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
6. Your obligations
6.1 It is your responsibility to ensure that:
(a) you co-operate with us in all matters relating to the Services
(b) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(c) you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;and
(d) you comply with all applicable laws, including health and safety laws.
6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1(Your Default):
(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate your account under clause 15 (Termination);
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
7. Services in UK only
7.1 These Terms apply to Services provided within the UK.
8.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 8.
8.2 We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 8.5 for what happens if we discover an error in the Charges.
8.3 We reserve the right to increase the Charges and will give you reasonable notice in the event that we do so.
8.4 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges. When increasing your prices, please include the VAT.
8.5 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. Where the correct price for the Services is less than the price stated on our site, we will charge the lower amount and if the correct price for the Services is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your account. We will not process your account until we have your instructions. If we are unable to contact you using the contact details you provided during the process, we will treat the account as cancelled and notify you in writing. However, if we mistakenly accept and process your account where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
8.6 Please ensure that your prices are maintained and up to date. You will honour the price quoted on the website at the time of booking. Your prices must include VAT, if applicable.
9. How to pay
9.1 Payment for the Services is received from the patient when the booking is made with you. We will take payment for our Service upon receipt of payment. We will forward the balance owed to you 24 hours following each booking. Our fees are:
(a) 20% plus VAT of the amount charged by you to the patient for the first booking by the patient received through the website; or
(b) 5% plus VAT of the amount charged by you to the patient for any booking made by you on behalf of a patient; and
(c) 5% plus VAT of the amount charged by you to the patient for any subsequent booking.
9.2 Our fees at clause 9.1 include VAT and payment processing fees.
9.3 We will send you an electronic fee note recording all payments received from, and made to you, within seven days of the beginning of the month following payments made to you.
9.4 All amounts due under the Terms are be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
If a problem arises or you are dissatisfied with the Services, please contact email@example.com.
11. Intellectual property rights
11.1 All intellectual property rights in or arising out of or in connection with the website and the Services (other than intellectual property rights in any materials provided by you) will be owned by us.
11.2 We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of these Terms to copy the any material produced by us for the purpose of using the Services and such deliverables in your business. You may not sub-license, assign or otherwise transfer the rights granted in this clause 11.2.
11.3 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of your account for the purpose of providing the Services to you.
12. How we may use your personal information
12.1 We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services; and
(c) inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
13. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
13.1 We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £10,000 per claim. The limits and exclusions in this clause reflect the insurance cover we have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.
13.2 Nothing in these Terms limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
13.3 Subject to clause 13.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
13.4 Subject to clause 13.2, our total liability to you arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to £10,000.
13.5 We have given commitments as to compliance of the Services with the relevant specification in clause 5.2. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms.
13.6 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
13.7 Nothing in these Terms limits or affects the exclusions and limitations set out in our website terms and conditions.
13.8 This clause 13 will survive termination of these Terms.
14.1 We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 14.2.
14.2 We each may disclose the other's confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under these Terms. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 14; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
14.3 Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under these Terms.
15.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate your account with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of these Terms and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
(b) you fail to pay any amount due under these Terms on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under these Terms has been placed in jeopardy.
15.2 On termination of your account you must return all of Our Materials and any deliverables specified for your account. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you will be solely responsible for their safe keeping and must not use them for any purpose unconnected with your account.
15.3 Termination of your account will not affect your or our rights and remedies that have accrued as at termination.
15.4 Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
16.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
16.3 You may cancel your account affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
You must not attempt to procure services that are competitive with the Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Services to you and for a period of eighteen months following termination of your account.
18. Communications between us
18.1 When we refer to "in writing" in these Terms, this includes email.
18.2 Any notice or other communication given by one of us to the other under or in connection with these Terms must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
18.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
18.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
18.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
19. DATA PROTECTION
19.1 In this clause:
Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures: means the same as defined in the Data Protection Legislation.
Data Protection Legislation: means the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
UK Data Protection Legislation: means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
19.2 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation. In this clause 1, Applicable Laws means (for so long as and to the extent that they apply to the Provider) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.
19.3 The parties acknowledge that for the purposes of the Data Protection Legislation, you are the Controller and we are the Processor.
19.4 Without prejudice to the generality of clause 1.1, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Provider and/or lawful collection of the Personal Data by you for the duration and purposes of this agreement.
19.5 You consent to our appointing third-party processors of Personal Data under this agreement. We confirm that we have or will enter with the third-party processor into a written agreement in which the Supplier confirms, reflects and will continue to reflect the requirements of the Data Protection Legislation. As between the Customer and the Provider, the Provider shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause.
19.6 We may, at any time on not less than 30 days’ notice, revise this clause by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).
19.7 You will use reasonable endeavours to apply best practice to your cyber security to keep customer data safe.
20.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under these Terms to another entity but will always notify you in writing or by posting on this webpage if this happens.
(b) You may only assign or transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.2 Variation. We may vary these Terms by notice to you by email to the address provided by you to us from time to time.
20.3 Waiver. If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
20.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 Third party rights. These Terms are between you and us. No other person has any rights to enforce any of its terms.
20.6 Governing law and jurisdiction. These Terms are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the English courts.