Terms & Conditions Of Purchase: Injury Prevention Guides & Injury Treatment Guides

1. General

These are the Terms and Conditions of Purchase (also referred to as “Terms of Purchase”) which govern the sales of Our Injury Prevention Guides and Injury Treatment Guides (Guides). They should be read in conjunction with Our Terms of Use, Privacy Policy and Cookies Policy.

These Terms of Purchase includes the entire understanding between you and Us and replace any previous arrangements We may have had with you unless specifically stated otherwise. Except for those terms implied by law, which cannot be excluded and any other terms specifically incorporated by reference – no other terms apply.

By purchasing any of Our Guides, you agree to comply and remain bound by these Terms and Conditions of Purchase. Please do not buy Our Guides or submit your information to Us if you do not agree with these Terms and Conditions of Purchase as well as Our Terms of Use in full.

You should review these Terms and Conditions of Purchase on a regular basis as We may make changes at Our discretion and without notice. These Terms and Conditions of Purchase were last updated on 1 February 2020

2. Support

Support will be provided via email during office hours which are:

  • Friday to Tuesday: 8am to 8pm (GMT+7)

  • Wednesday & Thursday: Closed

  • Christmas and New Year’s Day: Closed

 

We will endeavour to provide support as soon as you contact Us and outside Our office hours, but this may not always be possible.

You can contact Us via email at info@sports-injury-physio.com or through Our contact form on this Website.

We reserve the right to change the method and hours of customer support at any point.

 

3. Definitions

These Terms and Conditions of Purchase are incorporated into the Terms of Use of Our Website. Please note that all words capitalised are defined in the Terms of Use unless specifically defined herein.

 

4. Customers under 18 years of age

Our Guides are not suitable for anyone under the age of 18. Please do not purchase or use Our Guides if you are younger than 18 years.

 
5. Purpose and nature of Our Guides

Please note that We do not provide medical advice. The advice provided in Our Guides is meant for information and educational purposes only, to demonstrate what behaviour may be useful for injury prevention and how treatment plans for specific injuries could work, and it may not be appropriate for you to follow.

We have used all reasonable care and skill in compiling the content on this Website but make no warranty as to the accuracy or applicability of any information on this Website and cannot accept any liability for any errors or omissions or your use of the information contained in the Guides.

We endeavour to provide content in the Guides that is current and based on the latest research and clinical practice as at the date of initial publication. We further attempt to update the Guides as new information becomes available, but We do not guarantee its currency.

We do not accept a duty of care for you by providing Our Guides and your use of the content contained in the Guides does not create a practitioner-patient relationship between you and Us. If you decide to follow Our Guides you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience. Any guidance We may provide is no substitute for Professional Medical Advice. You should always check with your doctor or physiotherapist BEFORE you follow any of the advice in Our Guides.

 

6. How you may use the material We provide

We are the owner or the licensee of all intellectual property rights in Our Guides. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the content of the Guides for any purpose other than your personal education.

 

7. Our contract with you

7.1 When you tick the box confirming that you accept these Terms of Purchase and then click the 'CONTINUE TO PAYPAL' button and make your payment, you are making an offer to purchase the Guides. A legally binding contract is formed when We have sent you a confirmation email that your order has been accepted.

7.2 We reserve the right to terminate these Terms of Purchase and suspend your access to the Guides at any time for any reason, which may include: limitations on Our insurance, your breach of any of the terms associated with the use of the Website or purchase of any of Our Guides. We will endeavour to provide you with a full explanation and refund the full fee paid except in the event of your breach or non-compliance of any of Our terms including but not limited to these Terms of Purchase and the Terms of Use of Our Website.

7.3 We may have to temporarily suspend your access to the Website to fix technical faults.

7.4 Your rights if We suspend the supply of Our Guides:

7.4.1 We will contact you in advance to tell you We will be suspending supply of the Guides, unless the problem is urgent or an emergency.

7.4.2 If We have to suspend the provision of the Guides for longer than one week in any 30 day period We will adjust the price so that you do not pay for the Guide while it is suspended.

 

7.4.3 If We suspend the Guides for longer than one week in a 30 day period or tell you that We are planning to suspend it for longer than one week in a 30 day period, you may contact Us via email to end the contract for a Guide and We will refund any sums you have paid in advance for the Guide in respect of the period after you end the contract.

 

7.5 We may also suspend supply of the Guides if you do not pay when you are supposed to and you still do not make payment within 3 days of Us reminding you that payment is due. We will contact you via email to tell you We are suspending supply. We will not suspend the Guides where you dispute the unpaid invoice. We will not charge you for the Guides during the period in which it has been suspended.

7.6 Our Guides are primarily aimed at customers in the UK. We reserve the right to reject any orders of Guides from outside the UK. If We do so, you will be given a full refund.

 

8. Your rights to end the contract

8.1 You can end your contract with Us as follows. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how We are performing and when you decide to end the contract:

8.1.1 if you have just changed your mind about the Guides (Consumer Contracts Regulations 2013), you may be able to get a refund any time within 14 days of the order. However, once your membership starts, you can immediately access and benefit from all the information in the Guides and that month’s fee becomes non-refundable. For example, once you have paid for the membership of Guides and received access to the Guides, the current month’s payment is non-refundable, but you will be refunded any future months’ payments;

8.1.2 if you have opted to pay by monthly instalments: you may terminate by sending Us written notice via email any time before your next instalment is due, in which case all payments made up until the date of termination are non-refundable.

8.1.3 if you have opted to pay by yearly instalments: you may terminate by sending Us written notice via email at any time, in which case you will be refunded the amount you paid minus the pro-rata amount for the time that has elapsed, rounded up to the nearest month, since you made the purchase.

8.1.4 if you want to end the contract because of something We have done or have told you We are going to do, see clause 8.2;

8.2 Ending the contract because of something We have done or are going to do. You can end your contract if:

 

8.2.1 We have told you about an upcoming change to the Guides or these terms that you do not agree to;

 

8.2.2 We have told you about an error in the price or description of the Guides you have ordered and you do not wish to proceed;

 

8.2.3 We have suspended supply of the Guides for technical reasons, or notify you that We are going to suspend them for technical reasons, in each case for a period of more than one week; or

 

8.2.4 you have a legal right to end the contract because of something We have done wrong in which case you may end the contract and We will refund you in full for any monthly cycles of the Guides that have not been provided.

 

9. How to end the contract with Us

9.1 Tell Us you want to end the contract. If you are entitled to end the contract with Us (see clause 8) and wish to do so, please let Us know by doing one of the following:

 

9.2 How We will refund you. Where applicable, We will refund you the price you paid for the Guides, by the method you used for payment. However, We may make deductions from the price, as described in clause ­­­­­­8.

9.3 We will make any refunds due to you as soon as possible, and in any event within 14 days of Us receiving notice that a refund is due.

 

10. Our right to end the contract

10.1 We may end the contract if you break it. We may end the contract for a Guide at any time by writing to you if:

10.1.1 you do not make any payment to Us when it is due and you still do not make payment within 3 days of Us reminding you that payment is due;

10.1.2 you do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Guides.

10.2 You must compensate Us if you break the contract. If We end the contract in the circumstances set out (see clause 10.1) We will refund any money you have paid in advance for Guides We have not provided but We may deduct or charge you reasonable compensation for the net costs We will incur as a result of your breaking of the contract.

 

11. If there is a problem with the product

11.1 If you have any questions or complaints about the Guides, please contact Us by writing to Us at info@sports-injury-physio.com or via Our contact form on the Website.

11.2 We are under a legal duty to supply Guides that are in conformity with this contract. See below for a summary of your key legal rights in relation to the Guides. Nothing in these Terms of Purchase will affect your legal rights.

Summary of your key legal rights:

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website https://www.citizensadvice.org.uk/ or call 03454 04 05 06.

The Consumer Rights Act 2015 says digital content, such as the Guides, must be as described, fit for purpose and of satisfactory quality:

  • if your digital content is faulty, you are entitled to a repair or a replacement;

  • if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back;

  • if you can show the fault has damaged your device and We have not used reasonable care and skill, you may be entitled to a repair or compensation.

 

12. Price and payment

12.1 Guides must be paid for in advance. Guides may be paid for by either: (i) as yearly instalments, or (ii) as monthly instalments, where available.

12.2 The price of the Guide will be indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the Guides are correct. However please see clause 12.3 for what happens if We discover an error in the price of the Guide you ordered.

12.3 What happens if We got the price wrong. It is always possible that, despite Our best efforts, some of the Guides We sell may be incorrectly priced and We will handle an incorrectly priced item as follows:

12.3.1 if you opted to pay yearly and the amount you were charged and that you paid during checkout was less than the correct price, We will charge this lower amount for your year’s cycle and there will be no further costs for you. You will, however, be charged the correct price for the following year’s cycle, should you choose to renew your subscription;

12.3.2 if you opted to pay yearly and the amount you were charged and that you paid during checkout was more than the correct price, We will refund you the amount that you over-paid within 14 days of Us becoming aware of the mistake;

12.3.3 if you opted to pay monthly and the amount you were charged and that you paid during checkout was less that the correct price, We will charge this lower amount for your current month’s cycle and there will be no further costs for you for the current month. You will, however, be charged the correct price for the following months’ cycles, should you choose to continue your subscription;

12.3.4 if you opted to pay monthly and the amount you were charged and that you paid during checkout was more than the correct price, We will refund you the amount that you over-paid within 14 days of Us becoming aware of the mistake and charge you the correct price for the following months should you decide to continue your subscription;

12.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact Us promptly via email at info@sports-injury-physio.com or via Our Website to let Us know.

12.5 We are not liable for any charges that your bank may add to transactions.

12.6 You will be charged at the exchange rate available on the day of transaction.

12.7 The introductory offer prices are only valid for the first year of membership, after that you will be charged the full price.

 

13. Our responsibility for loss or damage

13.1 Please note that We do not provide medical advice. The advice provided in Our Guides is meant for information and educational purposes only, to demonstrate what behaviour may be useful for injury prevention and how treatment plans for specific injuries could work, and the advice may not be appropriate for you to follow. We do not accept a duty of care for you by providing Our Guides. If you decide to follow Our Guides you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience. Any guidance We may provide is no substitute for Professional Medical Advice. You should always check with your doctor or physiotherapist BEFORE you follow any of the advice in Our Guides.

13.2 We are responsible to you for foreseeable loss and damage caused by Us. If We fail to comply with these Terms of Purchase, We are responsible for loss or damage you suffer that is a foreseeable result of Our breaking this contract or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and you knew it might happen, for example, if you discussed it with Us during the sales process.

13.3 We do not exclude or limit in any way Our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Guides; and for defective Guides under the Consumer Protection Act 1987.

13.4 If defective digital content that We have supplied damages a device or digital content belonging to you and this is caused by Our failure to use reasonable care and skill We will either repair the damage or pay you compensation. However, We will not be liable for damage that you could have avoided by following Our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us or by not following reasonable steps to keep your password and digital device secure.

13.5 We are not liable for business losses. We only supply the Guides for domestic and private use (see Clause 6). If you use the Guides for any commercial, business or re-sale purpose We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

14. Keep your account details safe

14.1 If you choose, or you are provided with, a username, password or any other piece of information as part of Our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

14.2 If you know or suspect that anyone other than you knows your username or password, you must promptly notify Us.

 

15. How We may use your information

Please see Our Privacy Policy on the Website for how We may use your information.

 

16. Other important terms

16.1 We may transfer this agreement to someone else. We may transfer Our rights and obligations under these Terms of Purchase to another organisation.

16.2 You need Our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Purchase to another person if We agree to this in writing.

16.3 Nobody else has any rights under this contract. This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5 Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that you do anything you are required to do under these Terms of Purchase, or if We delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent Us taking steps against you at a later date. For example, if you miss a payment and We do not chase you but We continue to provide the Guides, We can still require you to make the payment at a later date.

16.6 These Terms of Purchase are governed by English law and you can bring legal proceedings in respect of the Guides in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Guides in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Guides in either the Northern Irish or the English courts. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.

16.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how We have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

CONTACT

Email:

info@sports-injury-physio.com

Sports Injury Physio is owned by ML Physio Ltd. (England No. 7434251) trading as Sports Injury Physio and Sports Injury Physio Club. Registered office: 4 Frederick Terrace, Frederick Place, Brighton, East Sussex, BN1 1AX

© 2019 By ML Physio Ltd.