TERMS AND CONDITIONS
Brizzi’s Physiotherapy Health & Wellbeing Terms and Conditions
Brizzi’s Physiotherapy Health & Wellbeing is a sole
trader business established March 2023. Please see below information relating
to Brizzi’s Physiotherapy Health & Wellbeing and relevant terms.
·
References to “Appointment, Bookings or Orders”
means the ability to book or schedule appointments via this Website.
·
References to “We” or “Us” or “Our” shall be
references to Brizz's Physiotherapy Health & Welleing.
·
References to “You”, “Your”, “User (s)” or “the
End User” shall be references to the member or licensed user of this Website.
·
References to “Terms”, “Agreement” and “End User
License Agreement” or “EULA” mean the terms and conditions herein and any other
terms that govern Your use of this Website.
·
References to “Website”, or “site”, means this
website that you are currently using, and all sub-domains of this site (unless
expressly excluded by their own terms and conditions), associated software and
services which are a part of the site.
·
References to “Services” means those services,
content systems and information made available to users of this Website.
1.1 Access and Use
Access to and the use of this website is permitted and
licensed subject to the terms set out in this EULA, and we reserve the right to
withdraw or amend access to or the functionality of the site and/or suspend or
terminate your use without notice or liability. We will not be liable if for
any reason our site is unavailable at any time or for any period. By accessing
this website, you agree to be bound by these terms.
If you do not agree to these terms, you should not use this
Website or access or use any of the Services. You must accept and comply with
these Terms. Brizzi’s Physiotherapy Health & Wellbeing may refuse access,
terminate or restrict your access and use of the site in the event of non-
compliance with any part of this EULA. This EULA together with all updates,
general terms and conditions of Brizzi’s Physiotherapy Health & Wellbeing,
disclaimers, rules and policies regarding your use of Brizzi’s Physiotherapy Health
& Wellbeing services, collectively form the Agreement between you and Brizzi’s
Physiotherapy Health & Wellbeing relating to your use of the website.
In order to use this website, you must obtain access to the
World Wide Web, either directly or through devices that access web-based content
and pay any service and/or telephony fees associated with such access. In
addition, you must provide all equipment necessary to make such connection to
the World Wide Web.
From time to time, Brizzi’s Physiotherapy Health &
Wellbeing may restrict access to some parts of or to the entire site.
This website is licenced, not sold, to you for use only
under the terms of this EULA. Brizzi’s Physiotherapy Health & Wellbeing reserves
all rights in and to this website, services and all site content and materials
which are not expressly granted to you.
We aim to update our site regularly and may change the
content at any time and without notice. If the need arises, we may suspend
access to site, or close it indefinitely. Any of the material on our site may
be out of date at any given time, and we are under no obligation to update such
material.
1.2 Scope of Licence for Use of this Website
This website currently provides users with access to a
collection of online resources, including booking Brizzi’s Physiotherapy Health
& Wellbeing services. Unless explicitly stated otherwise, any new feature
that augments or enhances this Website shall be subject to this EULA and any
additional terms and condition that may be applicable. You acknowledge and
agree this Website is provided "AS IS" and that Brizzi’s Physiotherapy
Health & Wellbeing assumes no responsibility for the timeliness, deletion,
miss-delivery or failure to store any user communications or personalisation
settings.
1.3 Limits on Use of this Website
You are responsible for making all arrangements necessary
for you to have access to this website. You are also responsible for ensuring
that all persons who access this website through your internet connection are
aware of these terms, and that they comply with them.
1.4 Reliance
on Information Posted
Commentary and other materials posted on this Website are
not intended to amount to advice on which reliance should be placed. Brizzi’s
Physiotherapy Health & Wellbeing therefore disclaims all liability and
responsibility arising from any reliance placed on such materials by any
visitor to our site, or by anyone who may be informed of any of its contents.
2.1 Bookings and Appointments, for Services via this
Website
Contracts for the supply of services, goods or information
obtained from Brizzi’s Physiotherapy Health & Wellbeing through this website
are governed by the terms set out in this EULA. These are the terms on which we
will accept bookings and appointments for the Brizzi’s Physiotherapy Health
& Wellbeing services which can be booked via the site. You are responsible
and must ensure that the booking details on any booking and as entered onto the
site are complete and accurate before you submit the booking. If you think that
there is a mistake or changes are required, please contact us immediately or
use the manage account portal to edit the booking.
When you submit a booking to us, this does not mean that
your booking is accepted. Our acceptance of any booking will take place when
you receive an acknowledgement and confirmation from Brizzi’s Physiotherapy Health
& Wellbeing. If we are unable to supply you with the services, we will
inform you of this by email and we will not process the booking.
Your Booking will become binding on you when we issue you
with a written acceptance of a booking or we contact you that we are able to
provide you with the services, which we will also confirm in writing to you, at
which point a contract will come into existence between you and Brizzi’s
Physiotherapy Health & Wellbeing.
Brizzi’s Physiotherapy Health & Wellbeing does not
warrant or guarantee that all services listed or advertised may be available at
all times. Brizzi’s Physiotherapy Health & Wellbeing reserves the right to
withdraw or amend any services which may be available via this site. We may
need to amend or cancel your Appointment even after this has been confirmed and
paid for due to circumstances beyond our control or due to unavailability of Brizzi’s
Physiotherapy Health & Wellbeing professionals. Brizzi’s Physiotherapy Health
& Wellbeing will not be held liable in these circumstances – but will
endeavour to rebook your appointment to a convenient alternative time or where
no alternative is possible, then if you have paid for those services, which are
subsequently cancelled, Brizzi’s Physiotherapy Health & Wellbeing will
repay any sums due (see Cancellation terms).
If any of the terms set out in this EULA conflict with any
term of the booking, the booking will take priority. We shall assign a booking
number to the booking and inform you of it when we confirm Your booking. Please
quote the order number in all subsequent correspondence with us relating to the
booking.
If you do not pay us for the services when you are supposed
to as set out in the Booking information, we may suspend provision of the
Service or Appointment with immediate effect until you have paid us all
outstanding amounts. This does not affect our right to charge you interest on
any outstanding amounts, as set out below.
2.2 Changes to a Booking or Terms
We may revise the terms of a booking from time to time in
the following circumstances:
a. changes in how We accept payment from you.
b. changes in relevant laws and regulatory requirements.
c. changes to the Services which are provided.
You may make a change to your Booking at any time up to a
maximum of 24 Hours before your Appointment date by contacting us or via your
account portal. Where this means a change in the total price of the services, we
will notify you of the amended price.
2.3 If There Is a Problem with the Services
In the unlikely event that there is any problem with the services
provided through Brizzi’s Physiotherapy Health & Wellbeing please contact us
and tell us as soon as reasonably possible.
As a consumer, you have legal rights in relation to services
not carried out with reasonable skill and care. Advice about your legal rights
is available from your local Citizens' Advice Bureau or Trading Standards
office. Nothing in these Terms will affect these legal rights.
2.4 Price and Payment
The price of the services will be set out in our price list
in force at the time we confirm your order. Our prices may change at any time,
but price changes will not affect bookings that we have confirmed with you.
As a sole trader business, we do not charge VAT on our services.
If you do not make any payment due to us by the due date for
payment, we may charge interest to you on the overdue amount at the rate of 8%
a year above the base lending rate of The Bank of England from time to time.
This interest shall accrue daily from the due date until the
date of actual payment of the overdue amount, whether before or after judgment.
Law states the payment is late 30 days after you receive an invoice. You must
pay us interest together with any overdue amount. However, if you dispute an
invoice in good faith and contact us to let us know within 72 hours after you
have received an invoice that you dispute it, the right to claim interest will
not apply for the period of the dispute.
2.5 Your Rights to Cancel or Reschedule Your Appointment
Unless otherwise specified in your booking confirmation, the
rules below on cancellation and applicable charges shall apply to your booking.
Subject to the following terms, you have the right to cancel
or reschedule Your appointment and you can do so by contacting us by email at [email protected] in
advance of your appointment.
You must provide a minimum of one working days prior notice
to cancel or change an appointment by contacting Brizzi’s Physiotherapy Health
& Wellbeing as set out above. If you cancel an Appointment or change your
appointment with less than 24 hours’ notice or if you fail to attend your appointment
for any reason, and have not previously paid, you will be charged a
cancellation charged at the cost of the services booked.
If you cancel your Appointment by providing sufficient
minimum notice and you have made any payment in advance, we will refund these
amounts to you.
2.6 Our Rights to Cancel and Applicable Refund
We may have to cancel Your Appointment due to an event
outside our control or the unavailability of the relevant Brizzi’s Physiotherapy
Health & Wellbeing professional. We will promptly contact you if this
happens.
If we must cancel an Appointment and you have made any
payment in advance, we will refund these amounts to you.
3.1 Services
All services we provide to you will be completed at your
home or address of your choice. The services are categorised into physiotherapy,
recovery (including massage), personal coaching and sports teams.
A.
Physiotherapy- Physiotherapy initial assessment
will involve a period of time to complete a subjective and objective assessment
followed by appropriate treatment for your problem / rehabilitation goal.
Physiotherapy follow up will include a short period of time for a subjective
and objective assessment to review any progress or regressions made, followed by
appropriate treatment for your problem / rehabilitation goal.
B.
Recovery- Sports Massages will involve a short
period of time to complete subjective and objective assessment followed by a
full sports massage for the remainder length of the appointment. Electrotherapy
and cupping sessions will involve a short period of time to complete subjective
and objective assessment followed by electrotherapy and cupping being evenly
split throughout the remaining appointment time. Guided Meditation is also an
add on option with the recovery services. This will be decided on the day
between user and professional whether it is used before or after the main
service. It will involve a guided relaxation period for 15 minutes.
C.
Free Consultation- This will be completed over
telephone or if preferred a video call can be arranged by contacting us at physiotherapy@brizzi’s.co.uk . Only
basic advice will be given during this session to enable you to decide if
Brizzi’s Physiotherapy Health & Wellbeing is for you. We will explain the
type of input we can provide using our services. The main aim is to get to you
so we can plan a tailored service for you.
4.1 Brizzi’s Physiotherapy Health & Wellbeing Privacy
Policy / Data Protection
Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, please see our full
privacy policy at http://www.brizzis.co.uk/privacy-policy-and-terms-conditions/
.
You agree that Brizzi’s Physiotherapy Health & Wellbeing
may access, preserve, and disclose details provided by You on the Website: (a)
for the purpose of providing the services to You; (b) for the purpose of
administering Your account in accordance with the standard operating procedures
of Brizzi’s Physiotherapy Health & Wellbeing or its affiliated companies;
and (c) if required to do so by law or in the good faith belief that any such
access, preservation or disclosure is reasonably necessary to: (i) comply with
legal process; (ii) enforce this EULA; (iii) respond to claims that any
Services violate the rights of third-parties; (iv) respond to Your requests for
customer service; or (v) protect the rights, property, or personal safety of Brizzi’s
Physiotherapy Health & Wellbeing, its users and the public.
4.2 Intellectual Property Rights
We are the owner or the licensee of all intellectual
property rights in this Website, and in the material published on it. Those
works are protected by copyright laws and treaties around the world. All such
rights are reserved. Brizzi’s Physiotherapy Health & Wellbeing provides you
with a limited licence to download and access the site subject to the Terms of
this EULA. You may print off one copy, and may download extracts, of any
page(s) from our site for Your personal reference and You may draw the
attention of others within Your organisation to material posted on our site.
You must not modify copies of any materials You have printed
off or downloaded in any way, and You must not use any illustrations,
photographs, video or audio sequences or any graphics separately from any
accompanying text. Our status (and that of any identified contributors) as the
authors of material on Our site must always be acknowledged. You must not use
any part of the materials on our site for commercial purposes without obtaining
a licence to do so from us.
If You print off, copy or download any part of this site in
breach of this EULA, your right to use this Website will cease immediately and
You must, at Our option, return or destroy any copies of the materials You have
made.
5.1 Charges
There is no subscription fee for use of this Website. All
services are subject to the specific payment terms and conditions which are
part of the booking and payment process.
5.2 Suspension of Services and Acceleration
If any amounts are due or owing by You to Brizzi’s
Physiotherapy Health & Wellbeing relating to any Services which you have
Ordered through the website, we may, without limiting our other rights and
remedies, accelerate your unpaid fee obligations under such agreements so that
all such obligations become immediately due and payable, and suspend the
provision of all Brizzi’s Physiotherapy Health & Wellbeing services to you
until such amounts are paid in full.
5.3 Termination
The licence granted under this Agreement remains valid until
terminated by Brizzi’s Physiotherapy Health & Wellbeing or by You. Your
rights to use this website will terminate automatically and without notice if
You fail to comply with any of the Terms or with other applicable terms, rules
or regulations of Brizzi’s Physiotherapy Health & Wellbeing relating to the
use of this site or to the use of any Brizzi’s Physiotherapy Health &
Wellbeing Services. Upon termination of this Agreement, you shall cease all
further use of this website and destroy all copies, information or aspects of
this site which is held by You and You shall cease to access this site. Brizzi’s
Physiotherapy Health & Wellbeing reserves the right at any time to
discontinue, withdraw, modify or terminate the site and associated services
without notice and without liability to you.
6.1 Limits of Liability
This Website allows you to book services with Brizzi’s
Physiotherapy Health & Wellbeing. We have used reasonable care and skill in
compiling the content and materials but make no warranty as to the accuracy of
any information and do not accept any liability for errors or omissions contained
in the information on this site.
The material displayed on this site is provided without any
guarantees, conditions or warranties as to its accuracy. To the extent
permitted by law, Brizzi’s Physiotherapy Health & Wellbeing, other members
of Our group of companies and third parties connected to Us hereby EXPRESSLY
EXCLUDE:
ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT
OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.
Any liability for any direct, indirect or consequential loss
or damage incurred by any user in connection with this site or in connection
with the use, inability to use, or results of the use of this site, any
websites linked to it and any materials posted on it, including, without
limitation any liability for loss of income or revenue; loss of business; loss
of profits or contracts; loss of anticipated savings; loss of data; loss of
goodwill; wasted management or office time; and any other loss or damage of any
kind, however arising and whether caused by tort (including negligence), breach
of contract or otherwise, even if foreseeable, are hereby excluded.
This does not affect Our liability for death or personal
injury arising from our negligence, nor our liability for fraudulent
misrepresentation or misrepresentation as to a fundamental matter, nor any
other liability which cannot be excluded or limited under applicable law.
7.1 No Misuse or Export of this Website
You may not copy, modify, transmit, attempt to unlawfully
post content or export this website or any associated content or services. By
using this website, you represent and warrant that you are in a territory where
you are permitted to access and use this site without limitation.
7.2 Viruses, Hacking and other Offences.
You must not misuse this Website by introducing viruses,
trojans, worms, logic bombs or other material which is malicious or
technologically harmful. You must not attempt to gain unauthorised access to
this site, the server on which this site is stored, or any server, computer or
database connected to this site or to any of the information which is collected
and stored via this site. You must not attack this website in any way. By
breaching this provision, you would commit a criminal offence under the
Computer Misuse Act 1990.
Brizzi’s Physiotherapy Health & Wellbeing will report
any such breach to the relevant law enforcement authorities, and we will
co-operate with those authorities by disclosing your identity to them. In the
event of such a breach, your right to use this website will cease immediately.
Brizzi’s Physiotherapy Health & Wellbeing will not be
liable for any loss or damage caused by a denial-of-service attack, viruses or
other technologically harmful material that may infect your computer equipment,
devices, programs, data or other proprietary material due to your use of this
site or to your downloading of any material posted on it, or on any website
linked to it.
8.1 Linking to this Website
You may link to this website, provided you do so in a way
that is fair and legal and does not damage Our reputation or take advantage of
it, but 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.
You must not establish a link from any website that is not
owned by you.
This website must not be framed on any other site, nor may
You create a link to any part of this site other than the home page. We reserve
the right to withdraw linking permission without notice.
8.2 Links from Our Site
Where this site contains links to other sites and resources
provided by third parties, these links are provided for Your information only. Brizzi’s
Physiotherapy Health & Wellbeing has no control over the contents of those third-party
sites or resources, and accepts no responsibility for them or for any loss or
damage that may arise from Your use of them.
9.1 Jurisdiction and Applicable Law
The English courts will have exclusive jurisdiction over any
claim arising from, or related to this Website and the Services, although We
retain the right to bring proceedings against You for breach of these
conditions in Your country of residence or any other relevant country. This
EULA and the Agreement are governed by English law.
10.1 Variations
We may revise the Terms at any time. You are expected to
check the EULA from time to time to take notice of any changes made by Us, as
they are binding on You. Some of the provisions contained in this EULA may also
be superseded by provisions or notices published elsewhere within Brizzi’s
Physiotherapy Health & Wellbeing.
11.1 Information About Us And How To Contact Us
If you have any questions or if you have any complaints,
please contact Us. If You wish to contact Us in writing, or if any clause in
the EULA requires You to give Us notice in writing, You can send this to Us by
e-mail, by hand, or by pre-paid post to Brizzi’s Physiotherapy Health &
Wellbeing, SJP Business Accountants Suite 6, C1, Coalport House, Stafford Ct,
Stafford Park 1, Telford Tf3 3BD. If we have to contact you or give you notice
in writing, we will do so by e-mail, by hand, or by pre-paid post to the
address you provide to us via this site.
PRIVACY POLICY
Privacy
Policy:
Brizzi’s Physiotherapy Health and Wellbeing
Brizzi’s Physiotherapy
Health and Wellbeing privacy policy has been set out to underline the for
individuals within the laws. The General Data Protection Regulation (GDPR)
helps protect and unify the way that an individual’s data is managed.
This privacy
policy is to let you know how we promise to look after your personal data and
information as Brizzi’s Physiotherapy Health and Wellbeing treats your privacy
seriously.
WHO WE
ARE
Brizzi’s
Physiotherapy Health and Wellbeing is a sole trader business founded by Joe
Brisbourne (Chartered Physiotherapist), bringing Physiotherapy, health and
wellbeing to your doorstep.
You can find
out more about us at Brizzi’s | About Us. If you have an questions, or want
more details on how we use your personal information please contact us at [email protected]
WHY WE
PROCESS YOUR PERSONAL DATA
To enquire
about the services that Brizzi’s Physiotherapy Health and Wellbeing we ask all:
· To provide us with your name and
email address and/or contact number plus an optional brief description of your
enquiry (which may include personal medical information).
As a
client/user of our services at Brizzi’s Physiotherapy Health and Wellbeing, to
improve the client/user experience, we may ask you:
· To complete a Physical Activity
Readiness Questionnaire
· To declare relevant past medical
history
· To declare current personal problems
Under data
protection law, it states that we can use and process personal information if
we have an appropriate and lawful reason to do so. The law states that we must
have one or more of the lawful reasons listed here:
a) Consent: the individual has given clear
consent for you to process their personal data for a specific purpose. You can
remove your consent at any time by contacting us at [email protected]
b) Contract: the processing is necessary for a
contract you have with the individual, or because they have asked you to take
specific steps before entering a contract.
c) Legal obligation: the processing is necessary for you
to comply with the law (not including contractual obligations).
d) Vital interests: the processing is necessary to
protect someone’s life.
e) Public task: the processing is necessary for you
to perform a task in the public interest or for your official functions, and
the task or function has a clear basis in law.
f) Legitimate interests: the processing is necessary for your
legitimate interests or the legitimate interests of a third party, unless there
is a good reason to protect the individual’s personal data which overrides
those legitimate interests. (This cannot apply if you are a public authority
processing data to perform your official tasks.
We have
identified that the lawful reason for Brizzi’s Physiotherapy Health and
Wellbeing to collect and manage your personal data is because it falls within three
of these lawful reasons; “Consent”, “Legitimate interests” and “Legal
Obligation”. By way of summary, we collect and manage personal data for:
Service
Enquiries: (Legitimate
Interest) To enable us to:
·
Respond
and communicate relevant information regarding said enquiry.
Physiotherapy, Personal Coaching,
Recovery and Sports Teams assessments, treatments, education and advice: (Legal Obligation) To enable us to:
· To comply with HCPC and CSP
regulations regarding legal and valid documentation.
· To allow for effective assessment and
treatment planning for repeat clients/users.
· To maintain a record or all practice
in the unlikely case of legal proceedings against Brizzi’s Physiotherapy Health
and Wellbeing.
Liaising
with other agencies, medical professional and colleagues: (Consent) To enable us to:
· To refer to other services (E.g.,
NHS, GP’s and Private hospitals)
Sale of
Physiotherapy, Health and Wellbeing products (Consent) To enable us to:
· Deliver products to the correct
address.
· Direct payments through an external
payment service.
(CONTINUED
ON PAGE 3)
HOW WE
COLLECT PERSONAL DATA AND WHAT WE COLLECT
Brizzi’s
Physiotherapy Health and Wellbeing collects your personal data from:
a) Our online enquiries form.
b) Our Appointment booking form /
checkout.
c) Written medical notes, client
profiles and key information.
You check out with PayPal using an
account or as a guest, following PayPal’s privacy policy as they handle your
payments. Any bank details from bank transfers as a result of an invoiced
service will be stored within Starling Bank to allow any future refunds.