Legal Terms and Conditions
READ CAREFULLY BEFORE PROCEEDING
(Updated: SEPTEMBER 12, 2013) PHYSIO2U – LOWER MAINLAND TERMS AND CONDITIONS
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. WHEN YOU ACCESS, BROWSE AND/OR USE THIS WEB-SITE YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS & CONDITIONS STATED BELOW AND ALL APPLICABLE LAWS.
IF YOU DO NOT AGREE TO BOUND BY THIS WEB-SITE’S TERMS & CONDITIONS AND APPLICABLE LAW, OR IF YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEBSITE.
NOTE: AS MORE FULLY EXPLAINED BELOW, PHYSIO2U – LOWER MAINLAND RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS SITE IS AND SHALL BE DEEMED TO BE YOUR AGREEMENT TO BE BOUND BY ANY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES.
MODIFICATION OF SITE TERMS
Physio2U – Lower Mainland reserves the right to modify, change and/or amend the Site Terms (these Terms and Conditions and/or one, more or all of the additional terms and policies referenced above) from time to time. The right to modify, change and/or amend the Site Terms is exclusive to and within the sole and exclusive discretion of Physio2U – Lower Mainland.
If the Site Terms are changed, modified and/or amended, Physio2U – Lower Mainland will post the new terms on this Website and the “last updated” date relevant to the terms and conditions containing the change will be changed. Any changes, modifications and/or amendments will be effective upon the posting of the revised terms to this Website. By agreeing to these Site Terms you are also agreeing that the posting of any such changes constitutes notice to you of the changes, modifications and/or additions and you acknowledge that it is your responsibility to review these Site Terms (and each of the components thereof) each time you visit or use this Website.
If you do not agree with any change, modification or amendment Physio2U – Lower Mainland may make to the Site Terms you may withdraw your consent to and agreement to be bound to them by notifying Physio2U in writing immediately. If you withdraw your consent, however, you must immediately discontinue your use of this Website. You will no longer be eligible to use this Website or order further services from Physio2U – Lower Mainland.
Physio2U – Lower Mainland may from time to time elect, in its sole discretion, to notify you of changes to its Site Terms and policies via additional means such as e-mail (in addition to posting the changes to this Website). The fact that on one or more occasions Physio2U – Lower Mainland has elected to notify you via such additional means does not constitute an agreement of any kind by Physio2U – Lower Mainland that it will do so in the future; the posting of modifications, changes and/or amendments to this Website remains effective notice of such modifications, changes and/or amendments.
Your use of this Website constitutes your agreement and consent that Physio2U – Lower Mainland may communicate with you electronically for all purposes. This includes all legal and notice requirements. Such electronic communications may take the form of postings to this Website and/or e-mails forwarded to the e-mail address you provide to Physio2U – Lower Mainland. You may withdraw your consent to receive electronic communication at any time, but if you withdraw your consent it will only be effective prospectively.
This electronic document, together with any other electronic documents, policies and guidelines incorporated herein, as well as any e-mail communication with you, will be deemed for all purposes to be a “writing” or “in writing,” and shall comply with all statutory, contractual, and other legal requirements for a writing. All such electronic documents shall be legally enforceable as a signed writing as against the parties subject to the electronic documents. They shall be deemed an “original” when printed from electronic records that have been established and maintained in the ordinary course of business. Electronic documents that are established and maintained in the ordinary course of business shall be admissible in judicial, arbitration, mediation or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.
You are being provided with a limited license to use this Website and Site Content solely for the purpose of assessing the service offerings on the Website, and placing orders for the services offered by Physio2U – Lower Mainland. You are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Physio2U – Lower Mainland or any third party. You may not use any meta-tags or other “hidden text” utilizing Physio2U – Lower Mainland’s name or trademarks without Physio2U – Lower Mainland’s express written consent. Unless you receive Physio2U – Lower Mainland’s express written consent, you may not:
- Resell or make any other commercial use of this Website (or any portion thereof), or the Site Content;
- Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into a readable format, any part of this Website or its underlying HTML or other code (except as it may be interpreted and displayed by web browser for purposes of using the Website).
- Copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any Site Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
- Make a derivative use of the Website and/or any Site Content; or
- Utilize data mining, gathering or extraction methods such as bots, spiders, or other automated tools (whether directly or indirectly) to collect information from the Website or any user of the Website.
You agree to abide by these Site Terms and not to use the services offered by Physio2U – Lower Mainland for any improper, illegal, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of improper solicitation.
Physio2U – Lower Mainland may terminate this license and your use of or access to this Website if you make or permit any unauthorized use of this Website or the information, Site Content, services, and materials contained in or offered through this Website. Such actions by you may also violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
All prices and dollar amounts on this Website are in Canadian dollars. Physio2U – Lower Mainland presently accepts the following credit cards: VISA and MasterCard. We reserve the right to stop accepting credit cards from one or more issuers. We also accept payment by cheques made payable to “Physio2U – Lower Mainland”. Please note there is a $25 fee for any NSF cheques.
By submitting a credit card number to Physio2U – Lower Mainland, you are representing and warranting that the credit card information you provide is valid, authentic, current, and that you are authorized to use it. You agree that in the event the credit card information you have provided becomes invalid, out of date or that you are no longer authorized to use the card, you will immediately provide another credit card number that is valid, authentic and current, and which you are authorized to use. Some electronic transactions may require extended processing in addition to credit card authorization. You will be notified by a Physio2U – Lower Mainland representative if extended processing is required to complete your transaction request through our Website.
Unless Physio2U – Lower Mainland agrees otherwise, all services are due at the time of invoice.
In order to provide impartial and efficient services to all of our clients, it is important that you provide more than 24 hours notice for cancellation of an appointment. If you cancel your appointment by phone or email in less than 24 hours, you will be charged a $67.50 fee. Please be aware that insurance companies will not pay for this charge.
Copyright Ownership. This Website, the Website layout and design, and all Website page themes and skins are the property of Physio2U – Lower Mainland and are protected by Canada and international copyright laws. All content of the Website, including without limitation, HTML text, graphics, other files, code, software layout, designs, forms, templates, artwork, photographs, images, document layouts, text, fonts, music, software tools, and other information, either alone and/or as compilation thereof (collectively, the ‘Site Content”), constitutes the copyrighted property of Physio2U – Lower Mainland or of those parties from whom Physio2U – Lower Mainland has licensed such property, and is protected by Canada, international and other laws. Physio2U – Lower Mainland reserves all rights in and to this Website and the Site Content worldwide. Your use of this Website and/or any Site Content does not convey to you or any other person an interest of any kind to the Site Content. Physio2U – Lower Mainland reserves the right to add to, delete from, or modify any part of the Site Content at any time without prior notice.
Restrictions on Use. Except as expressly stated in the Site Terms, none of the materials and Intellectual Property described herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Physio2U – Lower Mainland, or the respective intellectual property owner. Any use of Site Content — including any commercial use, reproduction for purposes other than as permitted under these Site Terms, modification, distribution, republication, display, or performance — without the prior written permission of Physio2U – Lower Mainland is strictly prohibited.
DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHYSIO2U – LOWER MAINLAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE. PHYSIO2U – LOWER MAINLAND DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, THAT THE SERVICES OFFERED WILL MEET THE USER’S REQUIREMENTS, OR THAT THE SERVICES WILL BE PROVIDED IN A TIMELY, UNINTERRUPTED OR SECURE MANNER. PHYSIO2U – LOWER MAINLAND IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. PHYSIO2U – LOWER MAINLAND DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES, TROJANS, MALWARE, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, EVEN IF PHYSIO2U – LOWER MAINLAND OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF SUCH POSSIBILITY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL PHYSIO2U – LOWER MAINLAND, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND OR NATURE, UNDER ANY LEGAL THEORY, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS AND/OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT PHYSIO2U – LOWER MAINLAND HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR PERFORMANCE OF THIS WEBSITE; (2) ERRORS OR FAULTS IN THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE; (3) THE USE OF INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS PROVIDED THROUGH THIS WEBSITE; (4) THE INABILITY TO USE THIS WEBSITE, ANY PART OF THIS WEBSITE, OR ANY FUNCTION OFFERED BY THE WEBSITE; (5) A FAILURE TO PROVIDE SERVICES ORDERED FROM PHYSIO2U – LOWER MAINLAND (OR ANY AFFILIATE THEREOF) FOR ANY REASON INCLUDING ANY LOST, CORRUPTED OR DAMAGED CUSTOMER DATA, NON-DELIVERY, MIS-DELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS; (6) MISTAKE, OMISSION, DELAY, OR INTERRUPTION OF SERVICE; AND/OR (7) CONTAMINATION BY VIRUS, TROJAN, OR MALWARE OF ANY KIND.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
PHYSIO2U – LOWER MAINLAND, TOGETHER WITH ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, SHALL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES, AND SHALL NOT PROVIDE ANY CREDIT, REFUND OR ADJUSTMENT OF ANY KIND OR NATURE THAT IS IN EXCESS OF THE AMOUNT ACTUALLY PAID TO PHYSIO2U – LOWER MAINLAND (AFTER ACCOUNTING FOR AND DEDUCTING, AS APPLICABLE, SPECIAL OFFERS, DISCOUNTS, ETC.)
UNDER NO CIRCUMSTANCES WILL PHYSIO2U – LOWER MAINLAND BE LIABLE TO YOU IN ANY WAY FOR ANY SITE CONTENT YOU MAY BE EXPOSED TO THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE.
You agree that you shall indemnify and defend and hold Physio2U – Lower Mainland and its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys’ fees) that, directly or indirectly, arise out of or are related to: (i) your breach of any provision of the Site Terms; (ii) and/or any of your activities conducted in connection with this Website, your use thereof, and/or the services ordered through this Website.
SECURITY AND PRIVACY
To order services from Physio2U – Lower Mainland it may be necessary for you to provide certain personal data or other information to this Website via the Internet and we are committed to taking all reasonable steps to safeguard your personal data or other information. We use secure servers and encryption software and various other precautions, but no system is infallible. Such information could potentially be subject to interception or alteration by third parties and it is not possible for Physio2U – Lower Mainland to guarantee absolute confidentiality or security. The information Physio2U – Lower Mainland collects and how it uses that information is the subject to Physio2U – Lower Mainland’s Privacy Statement.
Physio2U – Lower Mainland may suspend or terminate your right to utilize the services made available through this Website in the event that it determines or has reasonable grounds to suspect that you are in violation of the Site Terms.
Notwithstanding any of these Site Terms that may suggest otherwise, Physio2U – Lower Mainland reserves the right, without notice and in its sole discretion, to terminate your right to use this Website for any reason or no reason at all, and to block or prevent future access to and use of this Website by you. In the event your right to use this website is terminated, these Site Terms shall still apply.