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.