Our Terms and Conditions

 

Please see our terms and conditions. We agree to provide the Services to you on the terms set out in this Agreement. The Company undertakes to comply with the standards of the Health and Care Professions Council (“HCPC”) and with the Chartered Society of Physiotherapy (“CSP”). As such, the Company’s therapists are all registered with HCPC and CSP.

This document with the Written Consent Form and the Customer’s Purchase Order Confirmation, represent the entire understanding between the parties to this Agreement and – except for those terms implied by law and which cannot be excluded and any other terms specifically incorporated by reference – no other terms apply.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions, the following definitions apply: Agreement these terms and conditions of business (“T&Cs”) pertaining to the Services provided. Business Day a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

The Company, “We”, “Us” Means Ford Chancellor Wellness Limited, a company incorporated in the UK (Co. number 10535961). Customer, You, Your means the person or persons placing an Order with the Company for the provision of the Services Initial Questionnaire

The questionnaire to be completed by the Customer and to be returned prior to the provision of Services along the Written Consent Form Intellectual Property Rights patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world Order the Customer’s order for the supply of Services Purchase Order Confirmation.

The Company’s acknowledgment of the Customer’s Order and confirming the Service Specifications Services means the services offered under this Agreement consisting of physiotherapy to be provided via online means and technological resources and all other reasonably related or incidental activities Service Specifications the description or specification for the Services to be provided to the Customer Price means the price payable for the Services as defined in Clause 4 Website www.fordchancellorwellness.co.uk

Written Consent Form The Customer’s Written Consent Form consenting to the Services and Treatments, to be returned by the Customer prior to the commencement of the Services and in compliance with the CSP

1.2 In these Conditions, the following rules apply: a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); b) a reference to a party includes its personal representatives, successors or permitted assigns; c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted; d) any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and e) a reference to “writing” or “written” includes communication by postal letter, email, facsimile and any comparable means of communication.

2. COMMENCEMENT

2.1 By becoming a Customer of the Company you agree that you have read, understood, accepted and agree to abide by these Terms and Conditions.

2.2 These Conditions shall take effect and be binding upon the Customer upon:

2.2.1 returning the Initial Questionnaire; or 2.2.2 returning the Written Consent Form; or 2.2.3 benefiting from an initial consultation with any member of the Company’s team; 2.2.4 or placing an Order for the supply of Services for the supply of Services.

3. ORDERS AND PROVISION OF THE SERVICES

3.1 Acceptance of your Order will take place upon the Company sending you a Purchase Order Confirmation.

3.2 By placing an Order and agreeing to be bound by these Terms and Conditions you also agree for the Services to be provided as soon as possible or on the date you have arranged with the Company.

3.3 The Company shall use all reasonable endeavours to provide the Services according to the mutually agreed time frame.

3.4 The Company reserves the right (without prejudice to any other remedy) by notice in writing to the Customer to reject or cancel an Order in the event: 3.4.1 That the Customer fails to meet its obligations under its contract with the Company or the Company being of reasonable opinion that this will be the case; or 3.4.2. Of force majeure as set out in Clause 17 prevents the Company from supplying the Services; or 3.4.3 There is a change in legislation, a change with its insurer or otherwise a change which prevents the Company from meeting its contractual obligations; or 3.4.4 of any of the reasons set out at Clause 10.1 of herein.

4. PRICE

4.1 The Customer agrees to pay the Price for the Services contracted for while placing its Order.

4.2 While every case has been taken in the preparation of any information or description of the Services appearing in the Company’s catalogues, brochures and other publications, it is subject to variation in the event of any changes in the figures supplied to the Company by other parties, omission or errors.

4.3 Unless otherwise stated in writing, all prices quoted are exclusive of VAT. Should the Company decide to charge VAT, this will be effectively communicated to the Customer where the prices are displayed and confirmed in the Customer’s Purchase Order Confirmation.

4.4 Whilst the Company tries to ensure that all prices on its Website are accurate, errors may occur. If the Company discovers an error in the price of the Services the Customer has ordered, the Company will inform the Customer as soon as possible to give them the option of reconfirming their Order at the correct price, or cancelling it. If the Company is unable to contact the Customer, the Company will treat the Order as cancelled. If the Company takes the action to cancel the Order on this basis and that the Customer has already paid for the Services, the Customer will receive a full refund provided that no Services have been provided at that time.

4.5 The Company reserves the rights to amend the Price if there is a change in legislation, with its insurer or otherwise which prevents the Company from meeting its contractual obligations.

5. TERMS OF PAYMENT

5.1 Fees for the Services shall be due and payable in full by the Client immediately on Order of the Services.

5.2 The total amount paid for the Services is non-refundable, subject to Clause 11.3 thereafter.

5.3 The Company accepts the following payment methods: 5.3.1 BACS bank transfer. 5.3.2 PayPal payments. Please note that some banks and credit cards may charge a conversion fee for PayPal payments which are beyond the Company’s control. 5.3.3 Any other payment methods as may be indicated on the Website.

6. WARRANTIES AND REPRESENTATIONS

6.1 Each party warrants and represents that, as at the date of this Agreement, it has full capacity and authority to enter into this Agreement and is aged over 18. If clinically appropriate, the Company may help or recommend to the Client to choose medical services or other Services, however, selection of the Services remains the Client’s ultimate responsibility.

6.2 By placing an Order with the Company and agreeing to be bound by the Terms and Conditions of this Agreement, each Customer warrants that it is not a resident of or located in Australia, Canada or the USA or any other territory which is subject to limitations as set out at Clause 13, at the time the Order is placed and during the whole duration the Services are provided.

6.3 Capacity: the Company cannot accept Orders from a Customer aged under 18 and cannot provide Services to Customers aged under 18 years old.

6.4 You acknowledge that – 6.4.1 No online service can be a perfect substitute for an “in person” consultation with a physiotherapist; and 6.4.2 That the Company is unable to guarantee that provision of the Services will result in a cure of your condition. The Company recommends treatments that it believes are likely (based upon experience and training) to be effective, but it cannot guarantee results.

7. USING OUR SERVICES

7.1 Full understanding of the treatment: You agree not to implement any of the Company’s treatment programs or act on any advice unless you fully understand it. In case of doubt, please ask any questions before implementing any treatment program or acting on any advice provided by the Company.

7.2 Adverse changes and /or red flags: Should you experience any adverse change in symptoms, and/ or any of these symptoms / conditions being listed in the “red flag” list in the Written Consent Form, it is your responsibility to inform the Company and to seek emergency advice as soon as possible.

7.3 Pregnancy: It is Your responsibility to inform Us if you are pregnant at the time of the assessment prior to the commencement of the Services, or if you become pregnant at any time during the treatment programs as this may significantly affect Our provision of and manner of providing the Services.

7.4 Third persons: You must not provide any of Our online material including but not limiting to Our advices and information, to any other person. We assume no duty of care in relation to any third persons.

8. PROVISION OF INFORMATION BY THE CUSTOMER

8.1 You acknowledge that in delivering the Services, the Company is completely reliant upon the information provided by the Customer to the Company. In this regard, you agree to provide the Company with: 8.1.1 accurate and complete information in response to our Initial Questionnaire, any supplemental online questionnaires, initial consultation and any follow up questions which We ask of You; and 8.1.2 any information which could reasonably be expected to be relevant to your condition or treatment; and 8.1.3 If there is any change to Your conditions / symptoms and / or a new medical condition arises, You must make Us aware before the continuation of the programme.

9. CONFIRMATION OF THE TREATMENT & SERVICES

9.1 The Company agrees to provide the Customer with a written document containing confirmation of the treatment programme or other requested information by email, outlining the programme, either while sending the Purchase Order Confirmation or if separately, within two business days following the Purchase Order Confirmation.

9.2 The Customer acknowledges that the Services will only commence upon a date mutually agreed and upon receipt by the Company of the fees in full.

10. RIGHT TO DECLINE PROVISIONS OF SERVICES AND RIGHT TO TERMINATE

10.1 In furtherance of Clause 3.4 above, the Company reserves the right to terminate its contract with the Customer at any time for any reason including to be not limited to the following reasons: 10.1.1 Any change varying the terms and limitations of the Company’s insurance; 10.1.2 Customer’s breach of any of the terms associated with this Agreement or Services; 10.1.3 Non-compliance with any of the Specifications; 10.1.4 where the Company has evaluated / assessed your condition and believes that it is unable to provide an acceptable treatment online, in which case the Company will not provide the Services; 10.1.5 Any change in medical condition or circumstances since the Company’s assessment during the initial consultation; 10.1.6 Inappropriate, deceiving, indecent, immoral or illegal conduct or behaviour or actions.

10.2 The Company will endeavour to provide you with a full explanation with recommendations (wherever possible) and refund the full fee paid, subject to a right to charge You pro-rata for the Services provided up to the date of termination by the Company, should the Company terminate the Contract.

11. CUSTOMER’S RIGHT TO CANCELLATION

11.1 Subject to Clauses 11.2 to 11.4, each Customer has a right to cancel the Order within 14 days of placing the Order (“the Cancellation Period”).

11.2 Any cancellation shall be made as soon as the Customer wishes to cancel the Services, by email to the Company to admin@fordchancellorwellness.com. The cancellation will be effective from the date the Company acknowledges the Cancellation by email (“the Cancellation Date”).

11.3 If the provision of Services has commenced prior to the Customer cancelling the Services, the Company has the right to charge the Customer pro rata for the Services provided up to the Cancellation Date, and the Price paid for the Services will otherwise be refunded less any pro rata charge which may apply.

11.4 The Customer’s right to cancel may be lost if the Services are provided in full before the Cancellation Period has elapsed.

12. LIABILITY

12.1 The Company will not be liable for any loss or damage, in contract negligence or otherwise and as far as it may be permitted by law, where: 12.1.1 there is no breach of a legal duty of care owed by the Company to the Customer; 12.1.2 the loss or damage is not a reasonably foreseeable result of any such breach; 12.1.3 any loss or damage or increased risk of loss or damage results from a breach or non-compliance by the Customer of its contract with the Company, including but not limited to these Terms and Conditions, the Written Consent Form, the Initial Questionnaire, compliance with the Specifications, and including the provision of inaccurate or incomplete information by the Customer to the Company; 12.1.4 any loss of the Customer’s emotional well-being including, but not limited to, any embarrassment caused; 12.1.5 any loss of income or anticipated profits; 12.1.6 any loss of opportunity; 12.1.7 loss of goodwill or injury to reputation; 12.1.8 losses suffered by third parties; 12.1.9 any indirect, consequential, special or exemplary damages arising from the use of the Services, regardless of the form of action; or 12.1.10 any personal injury suffered as a result of the Customer’s mis-application or breach of the Specifications or directions of the Company as to the treatment; 12.1.11 any personal injury or death suffered as a result of the Customer’s lack of care or negligence as to its practice or application of the treatment in an environment or use of equipment which are not fit for the purpose of the physiotherapy exercises or treatment (“an unsafe environment”), including but not limited to a busy room or a room where there are sharp items, sharp corners, any dangerous or burning items, any items which are likely to cause injury to the Customer should they enter into contact with the Customer or should such item fall on the Customer during the treatment.

12.2 To the extent that the Company is not able to exclude its liability to the Customer in accordance with the applicable law, the Company limits its liability to the re-performance of the relevant Services.

12.3 Nothing in these Terms and Conditions excludes or limits the Company’s liability for death or personal injury directly caused by the Company’s negligence or for fraud or fraudulent misrepresentation.

12.4 Nothing in these Terms and Conditions affects the Customer’s statutory rights.

12.5  Although the Company uses Skype® as a platform to deliver its Services, the Company shall not be liable in any manner to the Customer for any acts or omission or default on the part of Skype®. The Company shall not be liable to Skype® or any third party for any act, omission or breach of Skype®’s own Terms and Conditions and made on the part of the Customer. There is no affiliation or contractual relationship between the Company and Skype® and the Company merely uses this service medium as a platform to communicate and deliver its Services. The Company recommends that the Customer reads and keeps itself informed of Skype®’s own terms and conditions of use and regulations.

13. TERRITORIAL LIMITATION

13.1 The Company is not able to accept Orders or provide Services to Customers residing in Australia due to insurance limitations, other than to a British team or British based organisation who may be travelling in Australia.

13.2 The Company is not able to accept Orders or provide Services to Customers residing in the USA or Canada due to insurance limitations.

13.3 The Customer acknowledges the territorial limitations set out above in Clauses 13.1 and 13.2 and therefore understands that he / she represents that they are not residents of Canada, Australia or USA, or that if they are, they will be unable to receive Services from the Company.

14. MODIFICATIONS AND ADDITIONAL TERMS

The Company reserves the right to modify these Terms and Conditions without prior notice. When changes are made the Company will post them on this page of the Website.

15. EQUIPMENT

15.1 The Customer agrees and understand that the following equipment is necessary in order for the Company to be able to provide the Services: 15.1.1 Internet access, adequate and good working Internet connection; 15.1.2 Any necessary microphone / headphones / camera or similar equipment; 15.1.3 Any Skype® application and account or equivalent as is required for the provision of the Services and as may directed by the Company. 1

5.2 The Company does not accept any liability in the event that the Customer is unable to comply with the requirements as set out in Clause 15.1.

16. INTELLECTUAL PROPERTY

16.1 All Intellectual Property Rights in or arising out of or in connection with the Services are solely owned by the Company.

16.2 All and any of the Company’s materials and related Intellectual Property Rights are the exclusive property of the Company. 16.3 The Customer hereby agrees not to act or permit anyone to act in any manner which would infringe or is likely to constitute an infringement of the Company’s Intellectual Property Rights.

16.4 In furtherance of Clause 16.3 above, such infringements include but are not limited to: recording the training or treatment sessions, using, distributing, broadcasting, displaying, granting access to third parties of any materials, recordings or any such Intellectual Property Rights belonging to the Company, whether such act is made or permitted at a profit or for free.

17. FORCE MAJEURE

17.1 The Company shall be under no liability if it is unable to carry out any provisions of this Agreement for any reason beyond its control including an Act of God, legislation, war, fire, flood, drought, failure of utilities (including internet access and connection, Skype® application or equivalent), lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of this agreement.

17.2 During the continuance of an event of Force Majeure, the Customer may by written notice to the Company served no sooner that 30 days after the commencement of the contingency, elect to terminate this Agreement, notwithstanding the Customer’s liability to pay for any Services already supplied.

18. PRIVACY POLICY AND DATA PROTECTION

18.1 The Company is registered under the Data Protection Act 1998 (“the Act”) and complies with the Act in all its dealings with the Customer’s personal data. If the Customer makes an enquiry by email or on the Website or request information about any Services, the Customer will need to give to their personal information such as their name, email address, business or home address and telephone number. The Company will use this information only for the purposes of answering the Customer’s enquiry or sending the Customer the requested information or literature required.

18.2 The Company undertakes to comply with the regulations and requirements of the CSP and HCPC in relation to its use of the Customer’s personal details and information only to fulfil their orders and deliver the Services, deal with their queries, send them information about the Company’s Services and for record keeping.

18.3 The Company will not release, offer or sell any personal information the Customer provides to other third parties without first seeking their permission. The Customers’ details may sometimes be shared within the Company and to the Company’s employees in order to provide the Customer with the Services that they have requested.

18.4 In furtherance of the above and in compliance with the standards set by the CSP and HCPC, the Company and its employees may record any Skype® session with the Customer while delivering the Services, for business and internal training purposes only.

18.5  With reference to Clause 12.5 above, the Company cannot guarantee Skype®’s use of the Customer’s personal date or of Skype®’s terms of use. As such, the Company shall not be liable for any acts of omission on the part of Skype® in this respect.

19. ENTIRE AGREEMENT

These Terms and Conditions together with the Orders to which they relate constitute the entire agreement between the Customer and the Company and supersede any prior understandings or agreements whether oral or written regarding the subject matter, and such contract may not be amended, varied or modified except by written agreement between the parties.

20. SEVERANCE

If any court or any other competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part thereof shall, to the extent required, be deemed deleted and the validity and enforceability or the other provisions shall not be affected.

21. THIRD PARTIES

The parties to this Agreement do not intend that any term of the agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

22. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales.