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Last updated 3rd February 2024
AGREEMENT TO OUR LEGAL TERMS
We are RISE Healthcare Services Ltd (‘Company,’ ‘we,’ ‘us,’ or ‘our’), a registered company in England at 26 Lichfield Close, Beverley, East Riding of Yorkshire HU17 8PX.
We manage the website https://risephysiotherapy.co.uk (the ‘Site’) and other related products and services referring to these legal terms (the ‘Legal Terms’) collectively known as the ‘Services.’
You can reach us by phone at 01482238090, email at info@risephysiotherapy.co.uk, or by mail at RISE Physiotherapy, 47 Lairgate, Beverley, East Riding of Yorkshire HU17 8ET, England.
These Legal Terms establish a binding agreement between you (whether an individual or an entity) and RISE Healthcare Services Ltd, governing your access to and use of the Services. By accessing the Services, you confirm that you have read, comprehended, and agreed to adhere to all these Legal Terms. FAILURE TO AGREE WITH THESE TERMS STRICTLY PROHIBITS YOUR USE OF THE SERVICES, AND YOU MUST CEASE USAGE IMMEDIATELY.
Supplementary terms and documents posted on the Services are expressly incorporated herein by reference. We retain the right, at our discretion, to modify or amend these Legal Terms, with updates reflected in the ‘Last updated’ date. It is your responsibility to periodically review these terms. Your continued use of the Services after any modifications indicates your acceptance of the revised Legal Terms.
The Services are designed for users aged 13 and above. Minors, generally under 18, must obtain permission and supervision from their parent or guardian to use the Services. If you are a minor, your parent or guardian must read and agree to these Legal Terms before you use the Services.
We recommend printing a copy of these Legal Terms for your records.
The information presented while utilizing the Services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would violate any law or regulation, or subject us to registration requirements within that jurisdiction or country. Consequently, individuals opting to access the Services from different locations do so at their own discretion and bear sole responsibility for complying with applicable local laws, if any.
Our intellectual property
We are the proprietor or licensee of all intellectual property rights related to our Services, encompassing source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics within the Services (collectively referred to as the ‘Content’), as well as the trademarks, service marks, and logos therein (‘Marks’).
The Content and Marks are safeguarded by copyright, trademark laws, and various other intellectual property rights and unfair competition laws and treaties worldwide, including in the United States.
The Content and Marks are provided within or through the Services ‘AS IS,’ intended for your personal, non-commercial use only.
Your use of our Services
Conditional upon your adherence to these Legal Terms, including the ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable, revocable license to:
Except as outlined in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our explicit prior written permission.
For any usage of the Services, Content, or Marks beyond what is specified in this section or elsewhere in our Legal Terms, please direct your request to: info@risephysiotherapy.co.uk. If permission is granted to post, reproduce, or publicly display any part of our Services or Content, you must acknowledge us as the owners or licensors of the Services, Content, or Marks, ensuring that any copyright or proprietary notice is visible.
We reserve all rights not expressly granted to you concerning the Services, Content, and Marks.
A violation of these Intellectual Property Rights constitutes a material breach of our Legal Terms, resulting in the immediate termination of your right to use our Services.
Your submissions
Before using our Services, carefully review this section and the ‘PROHIBITED ACTIVITIES’ section to understand (a) the rights you grant us and (b) the obligations you undertake when posting or uploading any content through the Services.
Submissions: By directly submitting any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to transfer all intellectual property rights in such Submission to us. We retain ownership of the Submission and have the right to unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledging or compensating you.
You are responsible for your posts or uploads: By submitting Submissions through any part of the Services, you:
You are solely responsible for your Submissions and expressly agree to reimburse us for any losses incurred due to your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
By engaging with the Services, you affirm and assure that: (1) you possess the legal capacity and agree to adhere to these Legal Terms; (2) you are above the age of 13; (3) you are not considered a minor in your residing jurisdiction, or if you are a minor, you have obtained parental consent to use the Services; (4) you will refrain from accessing the Services through automated or non-human means, such as bots, scripts, or any other mechanisms; (5) you will not employ the Services for any unlawful or unauthorized purposes; and (6) your utilization of the Services will not breach any applicable laws or regulations.
Should you furnish any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account, and reject any present or future use of the Services (or any part thereof).
We accept the following payment methods:
– Visa
– Mastercard
– American Express
– PayPal
You consent to providing current, thorough, and accurate purchase and account details for all transactions conducted via the Services. Furthermore, you agree to promptly update account and payment information, encompassing email address, payment method, and payment card expiration date, to facilitate the completion of your transactions and ensure contact as necessary. Sales tax will be applied to the purchase price as dictated by us, and we reserve the right to modify prices at our discretion. All payments shall be made in GBP.
You commit to settling all charges at the prevailing prices for your purchases and any associated shipping fees, authorizing us to charge your selected payment provider for such amounts upon order placement. We retain the right to rectify any errors or inaccuracies in pricing, even after payment has been requested or received.
We maintain the right to decline any order made through the Services. In our sole discretion, we may restrict or annul quantities purchased per individual, per household, or per order. Such limitations may extend to orders placed under the same customer account, using the same payment method, and/or sharing identical billing or shipping details. We reserve the right to restrict or prohibit orders that, in our exclusive judgement, seem to be placed by dealers, resellers, or distributors.
Kindly peruse our Return Policy available on the Services before initiating any purchases.
Usage Restrictions:
You may only access or utilize the Services for the purposes for which we have made them available. The Services shall not be employed for any commercial activities unless explicitly endorsed or approved by us.
As a user of the Services, you are prohibited from:
Content Submission Guidelines:
The Services do not permit users to submit or post content. However, we may offer you the chance to generate, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the Services, such as text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (‘Contributions’). Contributions may be visible to other users of the Services and through third-party websites. By creating or making Contributions available, you affirm and warrant that:
Any use of the Services in violation of the foregoing constitutes a breach of these Legal Terms and may result in the termination or suspension of your rights to use the Services.
Both you and the Services acknowledge that we may access, store, process, and utilize any information and personal data provided by you and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you consent to our use and sharing of such feedback for any purpose without compensating you.
We do not claim ownership of your Contributions. You retain complete ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with them. We bear no liability for any statements or representations in your Contributions on the Services. You are solely responsible for your Contributions and expressly agree to release us from any and all responsibility, refraining from any legal action against us regarding your Contributions.
We retain the right, though not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such users to law enforcement authorities; (3) at our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) at our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems; and (5) generally manage the Services to protect our rights and property and facilitate their proper functioning.
These Legal Terms remain in effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION POSTED BY YOU AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
We retain the right to alter, modify, or remove the content of the Services at our sole discretion, without notice, and for any reason. Nevertheless, we are not obligated to update any information on our Services. Additionally, we reserve the right to change or discontinue all or part of the Services at any time without notice. You acknowledge that we will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuance of the Services.
We cannot guarantee the continuous availability of the Services. Unforeseen hardware, software, or other issues may arise, necessitating maintenance related to the Services, resulting in interruptions, delays, or errors. We maintain the right to alter, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we bear no liability for any loss, damage, or inconvenience arising from your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain and support the Services or provide any corrections, updates, or releases in connection therewith.
These Legal Terms are governed by and construed following the laws of England and Wales. The United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. If you are a consumer with habitual residence in the EU, you additionally benefit from the mandatory legal protections of your country of residence. Both RISE Healthcare Services Ltd and you agree to submit to the non-exclusive jurisdiction of the courts of East Riding of Yorkshire, allowing you to assert your consumer protection rights under these Legal Terms in England or in the EU country where you reside.
Informal Negotiations
To expedite resolution and control the costs of any dispute, controversy, or claim related to these Legal Terms (each a ‘Dispute,’ collectively, ‘Disputes’) initiated by either you or us (individually, a ‘Party,’ collectively, ‘Parties’), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for a minimum of thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising between the Parties under these Legal Terms shall be resolved by a single arbitrator selected in accordance with the Arbitration and Internal Rules of the European Court of Arbitration, a part of the European Centre of Arbitration located in Strasbourg. These rules must be in force at the time the arbitration application is filed, and acceptance of this clause constitutes agreement to such rules. The arbitration’s seat shall be in Beverley, England, and the proceedings shall be conducted in English. The applicable substantive law shall be the law of England.
Restrictions
The Parties agree that any arbitration will be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the provisions concerning informal negotiations and binding arbitration outlined above: (a) any Disputes seeking to enforce or protect the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If any part of this provision is found illegal or unenforceable, neither Party will elect to arbitrate any Dispute within that portion. Such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Services may contain information with typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details. We retain the right to rectify any errors, inaccuracies, or omissions and to modify or update the information on the Services at any time, without prior notice.
The Services are provided on an as-is and as-available basis. You acknowledge that your use of the Services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the content on the Services or the content of any websites or mobile applications linked to the Services. We assume no liability or responsibility for (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage resulting from your access to and use of the Services, (3) any unauthorized access to or use of our secure servers and/or any personal or financial information stored therein, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, Trojan horses, or the like transmitted to or through the Services by any third party, and/or (6) any errors or omissions in any content and materials or any loss or damage of any kind incurred as a result of using any content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Despite anything to the contrary contained herein, our liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us. Some U.S. state laws and international laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
You commit to defending, indemnifying, and exempting us, along with our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, asserted by any third party due to or arising from: (1) your use of the Services; (2) violation of these Legal Terms; (3) any breach of the representations and warranties you make in these Legal Terms; (4) infringement of the rights of a third party, including intellectual property rights; or (5) any explicit harmful actions towards any other user of the Services with whom you connected via the Services. However, we retain the right, at your cost, to assume exclusive defense and control of any matter requiring your indemnification, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon awareness.
We will retain specific data transmitted to the Services for managing service performance, as well as data related to your usage. While routine backups are performed, you bear sole responsibility for all transmitted data and any data linked to activities undertaken through the Services. You agree that we bear no liability for any loss or corruption of such data, and you waive any rights or actions against us arising from such loss or corruption.
By visiting the Services, sending emails, or completing online forms, you engage in electronic communications. You consent to receive electronic communications, and you acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically, through email, or on the Services, satisfy legal requirements for written communication. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction necessitating an original signature, or non-electronic retention or delivery of records, payments, or credits.
These Legal Terms, along with any policies or operating rules posted on the Services or pertaining to the Services, constitute the complete agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not be considered a waiver of such right or provision. These Legal Terms operate to the fullest extent permitted by law. We reserve the right to assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is deemed unlawful, void, or unenforceable, that provision or part is considered severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or the use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses based on the electronic form of these Legal Terms and the absence of signing by the parties to execute these Legal Terms.
To address a complaint about the Services or to obtain additional information regarding the use of the Services, please reach out to us at:
RISE Healthcare Services Ltd
RISE Physiotherapy
47 Lairgate
Beverley, East Riding of Yorkshire HU17 8ET
England
Phone: 01482238090
info@risephysiotherapy.co.uk
© 2024 RISE Healthcare Services
