TERMS OF USE ("Terms of Use")

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.

1. Introduction

These Terms of Use are the terms of use under which you may use our Website PhysioLinked (www.physiolinked.com). The Site is a website owned and operated by PhysioLinked Directory Limited. By viewing and using the Site and or booking a treatment through this Site you are deemed to consent to and accept these terms and conditions of use. Please therefore read this agreement carefully as it sets out your rights and obligations with respect of the use of the Site and the Service (as defined below). By using the Site and or the Service offered on the Site you (the "User") are deemed to warrant that you are eighteen years and over.

2. Interpretation

Definitions - The following terms when used in these Terms or any other document referred to herein shall have the following meanings:

Applicable law means any law, statute, regulation, order, judgment, decision, recommendation, rule, policy or guideline passed or issued by Parliament, Government or any competent Court or authority in relation to the subject matter of these Terms.

Force majeure means national emergency, war, prohibitive governmental regulations or any cause beyond the control of PhysioLinked Directory Limited. which shall render the performance of its obligations herein impossible.

Physiotherapist means any Physiotherapist or Physiotherapy practice which advertises its services on the Site.

Service means all or any of the services provided through the Site.

You means the user.

We, us, our means PhysioLinked Directory Limited.

3. Access to the Service

3.1 The User must (a) provide all equipment, including a computer and modem necessary to establish a connection to the web; (b) provide for the user’s own access to the web and pay any telephone or other connections associated with such access.

3.2 We assume no responsibility for functionality which is dependent on browser or other third party software to operate.

4. User Modification of the Terms of Service

4.1 We reserve the right to modify these Terms at any time and at our sole discretion and without notice to you. It is the responsibility of the User to regularly review these Terms for modification. By continuing the use of the Service, the user agrees to be bound by the amended terms and conditions of use.

5. Scope of these terms and conditions of use

5.1 As a consumer, nothing in these terms affect your statutory rights.

5.2 The Site Services are directly solely at those who can access this Site from the Republic of Ireland. No representation about the Service referred to on this website is appropriate for use or available in other locations outside the Republic of Ireland. Those who choose to access this Site from other countries are responsible for compliance with Applicable Laws if and to the extent local laws are applicable.

6. Privacy policy

6.1 The User may view the privacy policy at the bottom of this page or can go to the following URL https://www.physiolinked.com/privacy.

7. The Service

7.1 We provide the Service which facilitate introductions between you and Physiotherapists, who have a profile page on the Site. We also facilitate the booking of provisional appointments with these physiotherapists.

7.2 We are not a referral service and we do not endorse, recommend or approve any Physiotherapist listed on the Site.

7.3 The company is not an employer of or agency for physiotherapists. Each Physiotherapist listed is self employed and solely responsible for services rendered.

8. Limitation Of Our Liability

8.1 We are not involved in any transaction between you and the Physiotherapists who advertise services on the Site. We cannot assure that the transactions will be completed nor do we guarantee the ability or intent of the Physiotherapist to fulfil their obligations in any transactions.

8.2 As we cannot control the information provided by the Physiotherapists or the Service provided to you or any third party by the Physiotherapist we do not guarantee or endorse the authenticity, quality, safety or legality of any Physiotherapist or the Services provided or purported to be provided by the Physiotherapist, or the ability of the Physiotherapist to complete the transaction.

8.3 When you engage a Physiotherapist to provide a service to you through the Site, the Physiotherapist is the provider of this service and not PhysioLinked Directory Limited.

8.4 The Physiotherapist is responsible for the service provided to you.

8.5 We do not warrant that the service provided by the Physiotherapist will be fit for purpose.

8.6 Any cost of the service provided by a Physiotherapist to you will be a matter between you and the Physiotherapist.

8.7 We provide a facility through Stripe (stripe.com/ie for further details) through which you can process debit and credit card payments. Please note however that it is the physiotherapist responsibility to manage all payments made through this system.

9. Suspension and Termination

9.1 We reserve the right to suspend or terminate all or any part of the Service at any time without notice. We shall not be liable to the user or any third party for any loss or damage howsoever arising from the termination of the Service or any part thereof.

9.2 Notwithstanding clause 9.1 we may terminate the agreement made pursuant to these Terms at any time.

10. Limitation of Liability and Disclaimer

10.1 To the fullest extent permissible by law, we assume no responsibly or liability nor do we grant any warranties, express or implied, relating to the operation, safety, condition of the Service of the Physiotherapist or any person associated with the Physiotherapist that is used by, for or on behalf of you. We are not liable for any acts, errors, omissions, representations, warranties, breach of contract or negligence of any Physiotherapist or any other person associated with the Physiotherapist or for losses, damages or expenses resulting therefrom.

10.2 We shall not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental or consequential damage of any kind (including but not limited to loss of profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise even if we have been advised of the possibility of such damage howsoever arising out of use of this Site or the Service or in connection with your use of a Physiotherapist or any person connecting with the Physiotherapist.

10.3 To the extent permitted by law, we provide the Site without any warranties or guarantees. In particular we do not warrant that the Site or any of its content are virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything, which has destructive properties. Although we do our best to provide constant, uninterrupted access to the Site, we do not guarantee this. We accept no responsibility of liability for any interruption or delay. The Site provides contents from other sources and while we will try to ensure that material included on the Site is correct we cannot accept responsibility if that is not the case and, as stated above, we disclaim all liability in respect of the services provided to you by the Physiotherapist. This disclaimer does not affect your statutory rights against the Physiotherapist.

11. Links from our site

11.1 The Site may contain images of and links to third party websites (“Linked Sites”). Links Sites are not under our control and you agree that we are not responsible for the content of any Link Sites. The inclusion of a link does not imply endorsement of the Link Site by us or any association with its owner or operators or advertised third parties found on or through Link Sites.

12. Intellectual property

12.1 The user acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material (“the Content”) contained in either advertisements, or internet distributed commercially produced information presented to the User by the Site or Services, may be protected by copyright, trademark, patent or other proprietary rights and laws. The User is only granted a limited personal licence for the Users own personal, non-commercial use for the Site and Service and in particular is only granted a limited personal licence to refer to, bookmark or point to any page within the Site, or to download the Content to a single personal computer or to make a print-out in respect of a single copy of the Content for personal reference. All copyright and other propriety notices in the material must be left intact. The User may not copy, reproduce, distribute or create derivative works from the Content without expressing and being authorised to do so by the relevant intellectual property owner.

13. Data Protection

All information received by us from your use of this Site will be used in accordance with our privacy policy.

14. Miscellaneous

14.1 We shall not be liable to you as a result of any failure or delay to perform our obligations under these terms even to the extent that such delay or failure is caused by a force majeure event.

14.2 Any waiver (expressed or implied) by either party of any breach of these terms shall not constitute a waiver of any other or subsequent breach. No provision of these terms will be waived by any act, omission or knowledge of the party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorised officer of the waiving party. In particular but without prejudice our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

14.3 Notice to be given pursuant to these Terms to be in writing and it should be delivered by e-mail. Notice should be sent to noreply@physiolinked.com. Notices to the User shall be sent to the e-mail provided by the User.

14.4 You may not assign or otherwise transfer your rights or obligations pursuant to these terms. We shall have a right to assign or otherwise to transfer any or all of our rights or obligations pursuant to these terms.

14.5 These Terms and our privacy policy represent the entire agreement between you and us and supersede any previous agreement between you and us relating to the subject matter of these terms.

14.6 If any provision of these Terms is deemed to be or becomes invalid, legal void or unenforceable under applicable laws, such provision will be deemed amended to conform to Applicable Laws so as to be valid and enforceable, or if it cannot be so amended without materially altering the intention of the parties, it will be deleted, but the validity, legality and enforceability of the remaining provisions of these Terms shall not be impaired or affected in any way.

14.7 Nothing in these Terms shall be construed as creating a partnership or joint venture between you and us.

14.8 These terms shall be construed in accordance with the laws of the Republic of Ireland and shall be subject to the exclusive jurisdiction of the Courts of the Republic of Ireland.