Katie Bell Physiotherapy & Wellness

Terms of use

Definitions

In these Conditions, the following definitions apply: 

Client: the person or company purchasing the Program from Katie Bell Physiotherapy & Wellnsss.

Client: the person or company purchasing the program from Katie Bell Physiotherapy & Wellness.

Commencement Date: the date that Katie Bell Physiotherapy & Wellness commences provision of the Program to the Client in accordance with clause 2.1 below.

Contract: the contract between Katie Bell Physiotherapy & Wellness and the Client for the supply of a Program comprising of the Order and these Conditions Katie Bell Physiotherapy & Wellness a company with its registered office located at 346 Ecclesall Road South, Sheffield, S11 9PU.

The Materials: all documents, guides, booklets, digital or physical products, content and any other proprietary information relating to the Program which are provided by Katie Bell Physio & Wellness to the Client. 

Fees: the fees payable by the Client for the supply of a Program in accordance with clause 5. 

Data Protection Addendum: means the addendum hereto identifying certain respective rights and obligations of the parties’ in respect of personal data and privacy under the Contract (as updated from me to me). 

Affiliate means, in respect of any entity, any entity that directly or indirectly controls, is controlled by or is under common control with that entity within the meaning set out in sec on 1124 of the Corporation Tax Act 2010; 

Client Data means all data (in any form) that is provided to the company or uploaded or hosted on any part of any Program by the Client or by any Authorised User; 

Data Protection Losses has the meaning given to that term in the Data Protection Addendum; 

Protected Data has the meaning given in the Data Protection Addendum;

2. BASIS OF CONTRACT

2.1 The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the company.

2.2 Any sample materials, descriptive matter or advertising issued by the company, and any descriptions or illustrations contained in the companies website or brochures, are issued or published for the sole purpose of giving an approximate idea of a Program and the Programs offered by the company. They will not form part of the Contract or have any contractual force. 

2.3 The client agrees that if they access or use the program materials supplied with the service for longer than 5 days it waivers any rights to cancellation or refund. The client must contact [email protected] to request a refund within the first 5 days of accessing the program.

3. THE PROGRAMS

3.1 The company  will supply a Program to the Client and the company warrants to the Client that such Program has been prepared using reasonable care and skill. The company provides no guarantee that a Program will provide any results for the Client. 

3.2 The company will use reasonable endeavours to meet any dates in relation to supporting the program but any such dates will be provisional only and may be subject to change at the discretion of the company, with no liability attaching to the company in respect of such changes.

3.3 The company will have the right to make any changes to the support of a Program which do not affect the nature of the Program 

3.4 The Client shall (and shall ensure all Authorised Affiliates and Authorised Users shall) at all times comply with all applicable laws relating to the use or receipt of the Program, including laws relating to privacy, data protection and use of systems and communications.

3.5 The Program consists of the training and educational videos (these are subject to change and may be updated at any time), 

The Client shall have access to the training videos (including any updates) for as long as the company is still in operation. 

The company reserve the right to make any changes to what the program consists of that do not affect the nature of the Program delivered.

4. CLIENT’S OBLIGATIONS

4.1 The client will pay the Fees strictly in accordance with the payment schedule set out in the Order.

The client may not use a Program for any purpose other than that which has been expressly authorised under the Contract, nor will it compete or seek to compete, either directly or indirectly, with the business of Katie Bell Physiotherapy & Wellness at any time.

The client will respect the privacy rights of any other participants in a Program.

Permit the company to publish the reviews whilst with-holding confidential data highlighting any benefits which the Client’s has obtained from using a Program and in this regard, the Client hereby grants Katie Bell Physiotherapy & Wellness a royalty-free, perpetual license to use any intellectual property rights of the Client for this purpose. 

4.2 If the company's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the client or failure by the Client to perform any obligation (Client Default), The company without limiting its other rights or remedies, will (a) have the right to suspend offering support of a Program until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays the companies performance of any of its obligations, and (b) not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from the companies failure or delay to perform any of its obligations as set out in this clause 4.2.

5. FEES AND PAYMENT

5.1 The Fees for the program are stated on the order page.

The fees will remain payable by the client even if it does not complete, access or use the entire Program. 

5.2 The Client will pay all amounts due under the Contract in full without any deduction or withholding and the Client will not be entitled to assert any credit, set-off or counterclaim against the company in order to justify withholding payment of any such amount. 

5.3 thrive reserve the right to continue processing payments for any outstanding monies using any of the Client’s card details held on the Clients account. 

5.4 Failure to make payment in a timely and collaborative fashion may result in your details and contract being handed to a 3rd party debt collection agency which may affect your credit rating and potential to get future credit.

6. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or arising out of or in connection with a Program will be owned by the company.

The company hereby grant the Client with a revocable, nonexclusive royalty free licence to use the course materials for the duration of a Program.

7. LIMITATION OF LIABILITY AND DISCLAIMERS:

7.1 The company will under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.

8. DATA AND INFORMATION

8.1 Client Data shall at all times remain the property of the Client or its licensors. 

8.2 Except to the extent the company has direct obligations under data protection laws, the Client acknowledges that the company has no control over any Client Data hosted as part of the provision of the Programs and may not actively monitor or have access to the content of the Client Data. 

The Client shall ensure (and is exclusively responsible for) the accuracy, quality, integrity and legality of the Client Data and that its use (including use in connection with the Program) complies with all applicable laws and Intellectual Property Rights. 

8.3 If the company becomes aware of any allegation that any Client Data may not comply with the Acceptable Use Policy or any other part of this Contract the company shall have the right to permanently delete or otherwise remove or suspend access to any Client Data which is suspected of being in breach of any of the foregoing from the Programs and/or disclose Client Data to law enforcement authorities (in each case without the need to consult the Client). Where reasonably practicable and lawful the company shall notify the Client before taking such act on. 

8.5 The company shall have the right to suspend the Program at any time, and for any reason, without notice; the Client accepts and acknowledges that Programs of this nature can be withdrawn or may be unavailable due to technical and other issues, or as a result of updates, maintenance or similar. If such a suspension or withdrawal is to last for more than 10 days, the Client will be notified as to the reason.

10. CONFIDENTIALITY AND SECURITY OF CLIENT DATA

10.1 The company shall maintain the confidentiality of the Client Data and shall not without the prior written consent of the Client or in accordance with the Contract, disclose or copy the Client Data other than as necessary for the performance of the Program or its express rights and obligations under the Contract. 

10.2 The company shall implement technical and organisational security measures in accordance with [the Informa on Security Addendum]. 

11. GENERAL

11.1 From the date the Contract commences any behaviour displayed by the Client that the company deems as disruptive, threatening, abusive or untenable in anyway, either in person, via email, via social media or any other forms of means of communication either directed at the company, their team members may result in the Client being denied access to the program. All remaining fees would remain payable and any monies for the Program will be non-refundable. 

11.2 Assignment and subcontracting: The Client will not, assign, transfer, the program to anybody other than themselves. 

11.3 The company gives no warranties of any kind, whether express or implied, for the service it provides under the Contract. Use of any information obtained via The company is at the Client’s own risk. The company makes no warranty whether express or implied as to the accuracy or quality of information obtained through its services. 

11.4 Complaints: Please contact [email protected] and we will respond within 48 hours. We don’t currently subscribe to an alternative dispute resolution (ADR) scheme as we’re confident we will always attempt to resolve any complaint professionally and courteously. If you’ve been in touch and are unhappy with our resolution, please let us know. If you remain unhappy with any final resolution, we’re required to let you know about ADR. The full list of ADR providers, and more information on ADR, can be found on the Chartered Trading Standards Institute (CTSI) website. The list of ADR providers is regulated by the CTSI. If you need advice or wish to report problems with goods or services, bought from a trader based in the UK, the appropriate advice agency is the Citizens Advice Consumer Service which can be contacted on 03454 04 05 06 or from a similar advice agency in the country you abide in.