There Are Other Terms That May Apply To You
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 Limited, which shall render the performance of its obligations herein impossible.
“Healthcare Provider” or “Business User” purports to be a qualified healthcare professional with a third party certification, diploma or degree in their chosen field, deemed fit to practice in their chosen field as a registered member of the relevant professional body.
“Service” means all or any of the services provided through the Site.
“You” means the user.
“We”, “Us”, “Our” means PhysioLinked Limited T/A Wellola.
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.
4.1 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.
5.1 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.
7.1 We provide the Service which facilitate introductions between Users and Healthcare Providers, who have a profile page on the Site. We also facilitate the booking of provisional appointments with these Healthcare Providers 7.2 We are not a referral service and we do not endorse, recommend or approve any Healthcare Providers listed on the Site. 7.3 The company is not an employer of or agency for Healthcare Providers. Each Healthcare Providers listed is solely responsible for services rendered.
8.1 We provide the services listed in clause 7. We also provide practice management and video-consultation software as a Service.
9.1 We are not involved in any transaction between you and the Healthcare Providers 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 Healthcare Provider to fulfil their obligations in any transactions.
9.2 As we cannot control the information provided by the Healthcare Providers or the Service provided to you or any third party by the Healthcare Providers we do not guarantee or endorse the authenticity, quality, safety or legality of any Healthcare Providers or the Services provided or purported to be provided by the Healthcare Providers, or the ability of the Healthcare Providers to complete the transaction. This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on at email@example.com
9.3 When you engage a clinician to provide a service to you through the Site, the clinician is the provider of this service and not PhysioLinked Limited.
9.4 The Healthcare Provider is responsible for the service provided to you.
9.5 We do not warrant that the service provided by the Healthcare Provider will be fit for purpose.
9.6 Any cost of the service provided by a Healthcare Provider to you will be a matter between you and the Healthcare Provider
9.7 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 Healthcare Provider’s responsibility to manage all payments made through this system.
10.1 We reserve the right to suspend or terminate all or any part of the Site or 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.
10.2 Notwithstanding clause 9.1 we may terminate the agreement made pursuant to these Terms at any time.
11.1 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 Healthcare Provider or any person associated with the Healthcare Provider 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 Healthcare Provider or any other person associated with the Healthcare Provider or for losses, damages or expenses resulting therefrom.
11.2 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 Healthcare Provider or any person connecting with the Healthcare Provider.
11.3 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 clinician. This disclaimer does not affect your statutory rights against the Healthcare Provider.
12.1 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.
12.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
12.3 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.4 You must not establish a link to our site in any website that is not owned by you.
12.5 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
12.6 The website in which you are linking must comply in all respects with our content standards set out in our Terms of Service.
If you wish to link to or make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
13.1 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.
15.1 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.
15.2 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.
15.3 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 email@example.com. Notices to the User shall be sent to the e-mail provided by the User.
15.4 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.
15.6 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.
15.7 Nothing in these Terms shall be construed as creating a partnership or joint venture between you and us.
15.8 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.