Rehab My Patient, Licence Agreement and Terms and Conditions of Use

"Website" is defined as the www.rehabmypatient.com website operated and owned by Surrey Physio Group Ltd, 409-411 London Rd, Mitcham CR4 4BG.

“Rehab My Patient” (“RMP”).

"Agreement" governs your use of the Website as a healthcare professional, medical professional, complementary healthcare practitioner, physical therapist, fitness member or personal member (“Subscriber”).

"You" refers to any user who has accepted our licence agremeent by using the Rehab My Patient website.

"Patient" is the patient, or client of a Subscriber.

"Copyright infringement" is the use of works protected by International copyright law, without permission, infringing exclusive rights held by the copyright holder.

"Plagiarism" is presenting someone else's ideas or work as your own with or without consent or permission.

"Intellectual property" refers to creations of the mind, such as inventions, literary and artistic works, designs, names and images used in commerce.

You may not access or use the Website unless you agree with this Licence Agreement. You must be a subscriber, or a Patient to access this site.

1. Agreement / Licence

1.1 IN THIS AGREEMENT

Words imparting singular include plural and vice versa

Words imparting gender include masculine feminine and neuter

These Terms constitute the whole agreement between us unless amended in writing and signed by us

Any reference to any statutory provision includes any amendments to that provision or any replacement statutory provision

If any part of this agreement shall be found to be unreasonable or unenforceable then the balance of this agreement shall remain in full force and effect notwithstanding the offending clause

In the event of any conflict between these Terms and any other terms then these Terms shall prevail

The Parties have not relied on any representations made by RMP in using the Website

RMP shall not be liable for any default of the terms of these Terms which are beyond its reasonable control

The User warrants that the information and personal details provided to RMP are is correct

The Contracts (Rights of Third Parties) Act 1999 (as amended) shall not apply to this Agreement

The headings do not form part of these Terms

The Parties hereto and the terms herein shall be governed by International Law.

1.2 On payment of the relevant fee, or by way of a free usage trial period, RMP grants you a revocable, limited, non-exclusive, non-transferable license to access and use the Website. You may share your login and password with other users in your clinic, only if you have purchased a clinic licence. You may not share your login and password if you have purchased a single-user licence. It is possible to upgrade at any time to a clinic licence, allowing up to ten simultaneous users within your organisation to access the Website using the same login details.

1.3 Patients are only permitted access if you are under the care of a Subscriber, and you agree only to use the Patient section of the Website. You agree to use the site only under specific guidance of the Subscriber.

1.4 Subscribers are permitted to send exercise programs using the set RMP format and template, but are NOT permitted to download, copy, screen capture, cut and paste, or photocopy exercises, descriptions, line-art drawings or photos on to any other medium.

1.5 Subscribers are NOT permitted to create exercise programs with long lists of exercises with the intention to copy exercises, descriptions, line-art drawings or photos for the subscribers own personal use outside of the website.

2. Subscriptions

2.1 RMP operates the Website on a subscription fee for service basis, and in some circumstances a free trial period. Only Subscribers who have paid the subscription fee or are signed up on a trial period are permitted to use the site to prescribe exercise programs.

2.2 Any user or previous subscriber who no longer pays the licence fee will be prohibited from using any exercises, descriptions, line-art drawings, videos or photos that are copyright to RMP, for their own private, personal or commercial use.

2.3 Patients will be able to access the Website only with permission from the Subscriber and under the Subscriber’s licence, and will lose access to the site if the Subscriber fails to renew the licence after expiry.

2.4 Subscribers must be at least 18 years of age to accept this Agreement. Minors may use the services as a Patient only with the consent of their parent or guardian.

2.5 Pricing and subscription options can be found at www.rehabmypatient.com/payment.

2.6 Your subscription, be it monthly or yearly, will automatically renew at the time of expiry. It is important that you read the terms and conditions set out by PayPal so you that you understand your subscription will renew automatically. This automatic renewal will continue indefinitely until you cancel your subscription. You may at any time cancel your subscription. Subscribers manage accounts and payments through PayPal, a payment gateway. You may request information from RMP at any time for advice on how to cancel your subscription through PayPal if you do not wish your subscription to automatically renew. You control your own PayPal subscriptions, this is not controlled by RMP.

2.7 All subscriptions are payable in advance. Renewals are due on the same day of the calendar month which you initially signed up to. You agree to allow RMP to take payment from you, either via PayPal, BACS/Bank transfer, credit card, or debit card. If your credit/debit card expires, you can simply log into PayPal to update your payment details, and payment will resume automatically.

2.8 RMP will advise you by email should there be any change to the subscription billing. It is anticipated that all subscribers will remain at the same payment rate as the original subscription date, and it is the intention that only new Subscribers will be subject to any subscription fee increase. RMP reserves the right to increase or implement new fees or charges from time to time.

2.9 There is no refund on any subscription, for any reason. RMP recommends that you cancel any subscription close to your expiry date, as a shortfall in the subscription will not be grounds to request a refund.

3. Restrictions

3.1 You agree not to:

Upload any virus, computer code or other programs or data designed to interfere with the Website or to take data or code from the website.

Attempt to break or disrupt any security features of the website.

3.12 Allow access to the Website to persons who are not Subscribers, or Patients, unless it is through a clinic licence to professionals within your organisation.

3.13 Use the Website for any other purpose than specifically authorised in the Website;

Remove any trade names, trademarks, copyright notices or other similar labels on content generated from the Website;

Post any obscene, defamatory, threatening, unlawful or otherwise objectionable content;

3.2 The Website includes trademarks, copyrighted works, trade secrets and other intellectual property of RMP and of third parties, and you may not duplicate, copy, reverse engineer, or disassemble the Website. You may not copy any code from the Website. You may not duplicate or copy any copyright pictures, images, video or text from the Website. You may not attempt to sublicense, assign, loan, resell for profit, distribute the Website or related.

3.3 If you are a registered Affiliate user of the Website, you may promote the site and receive a commission for any sales that you generate.

4. Password Security

4.1 Each Subscriber and Patient is solely responsible for his or her own password and identification. RMP is not responsible for lost, stolen or other misused passwords and identification. As the subscriber, you have complete control of your own password, and login, and you can change it whenever you wish. RMP recommends you change your password every 3 months.

5. Modification and Termination

5.1 RMP reserves the right to change the terms of this Agreement and to modify the Website in any way that is required. If these changes are not acceptable, please in the first instance contact us on support@rehabmypatient.com or cease using the site.

5.2 RMP reserves the right to revoke any license and to cancel any and all related passwords, if the Subscriber fails to pay required fees or to comply with any other provision of this Agreement.

6. Warranty Disclaimer

6.1 The content of the website is provided “As is” and to the maximum extent permitted by law, RMP disclaims all other representations and warranties, express or implied, including their fitness for a particular purpose, or their non-infringement of third party rights.

6.2 RMP does not warrant the Website is secure or free from bugs, Trojans, viruses, errors, site or content errors.

6.3 Warranties, if any, are limited to Subscribers. RMP assumes no responsibility or liability of any kind to Patients brought to the website by Subscribers. RMP assumes no responsibility or liability for any injury that may be caused to a Patient, or by a Patient, in any way whatsoever.

6.4 Patient’s warranties, if applicable at all, should be obtained from the Subscriber.

6.5 Access to the website may be interrupted from time to time, should the server stop hosting the website, and RMP assumes no responsibility for this.

6.6 The subscriber agrees that they will advise every patient that should the patient experience any discomfort, pain, dizziness, or other adverse symptom, to cease the activity immediately, and seek advice from a suitable qualified medical professional.

7. Limitation of Liability and Damages

7.1 The entire and total liability of RMP for any reason is limited to the amount that a Subscriber paid to RMP for access to the website within the twelve months immediately preceding the event alleged to have caused the liability.

7.2 To the maximum extent permitted by Law, RMP and its representatives are not liable for any direct, indirect or consequential damages whether based on breach of warranty, negligence, breach of contract, product liability, or any other breach or failure, even if RMP or its representatives have been advised of the possibility of such damages. For actual damages, for any cause whatsoever, liability is limited to the amount of professional fees paid to RMP within the twelve months immediately preceding the event alleged to have caused the damages.

7.3 The limitations of damages above are fundamental elements of the relationship and agreement between the Subscriber and RMP. Any Patient of a Subscriber expressly acknowledges this arrangement and agrees it will look solely to his or her professional/Subscriber for any damages should they arise. RMP would not have been able to provide the website to Subscribers or Patients without these warranties.

8. Privacy and GDPR

8.1 RMP respects your privacy as a Subscriber, and agrees that it will never use patient information in any way for marketing, site promotion, or to share with a third party. RMP will never willingly disclose patient information to any third party.

8.2 Each subscriber is responsible for ensuring their login and password to access the site is kept confidential, and passwords should be changed every three months. RMP assumes no liability or responsibility for unauthorised users accessing a Subscriber’s login.

8.3 Each subscriber will need to accept terms of our privacy policy in line with GDPR regulations.

9. Data

9.1 You agree that RMP and persons supplying maintenance, web hosting and other services will have, from time to time, access to all data supplied by you as a Subscriber or Patient, solely for the purpose operating, updating, maintaining, testing or otherwise improving the Website. The Website, all underlying programs, text, video and images shall remain the property of RMP.

9.2 The patient’s data will be entirely controlled by the subscriber so it cannot be property of RMP. The data of the subscriber will still remain their own data and they have specific rights under the GDPR in order to dispose with it (right of access, right of rectification, right of erasure, right to be forgotten).

9.3 RMP shall keep patient’s data according to the instructions of the subscriber, for a period of six (6) years after the subscription has ended.

9.4 In the event of a failure that causes loss of data, RMP’s sole responsibility shall be to restore the data from the latest backup on its system. Before account expiration, it is recommended that all patient exercise programs be saved or printed and kept by the Subscriber.

10 Force Majeure

10.1 RMP shall not be responsible for any delay, interruption of service or failure of performance caused by any force reasonably beyond control, including, without limitation, any war, civil strife, act of terrorism, earthquake, fire, tornado, hurricane, power shortage, utility outage, communication outage, strike or Act of God.

11 General Provisions

11.1 This Agreement sets forth RMP and its representatives’ entire liability and your exclusive remedy with respect to use of the Website. This is the entire agreement relating to the Website between you and RMP. It may be amended only by an agreement in writing signed by the owner of RMP. This Agreement does not limit any rights that RMP may have under trade secret, copyright, trademark or other laws. Should a court determine that any provision of this Agreement is unenforceable, the remaining provisions shall be severable and shall remain in full force and effect, and the court shall be instructed to enforce the Agreement to the maximum extent permissible to effect the original intent of the Agreement. The Agreement may be executed in one or more counterparts and may be entirely in electronic form. Electronic terms, conditions, signatures and deliveries created or effected by pressing the accept button, by email, by facsimile transmission or by any other means permitted under Law shall be binding and effective in all respects. The validity and enforceability of this Agreement shall be governed by UK Law.

12 Cookies

12.1 You agree by using the RMP website that RMP may store cookies on your computer. RMP do not take any personal information from you. RMP store your member ID, “Remember Me” automatic login, and also the last page you visited on the exercise database. This allows you to have an improved user functionality when using the RMP site.

13 Copyright Infringement, Intellectual Property Rights, and Plagiarism.

13.1 RMP takes copyright infringement very seriously. All content of the website www.rehabmypatient.com including but not limited to photos, line-art drawings, images, exercise descriptions, templates, and advice sheets are copyright of RMP. RMP holds all intellectual property rights on the RMP website, brand, and exercise prescription content herein.

13.2 Copying, reproduction, editing, screen capturing, or production of any material owned by RMP is expressly forbidden without the written consent of RMP.

13.3 Users of the RMP website agree that in the event of any breach of these conditions and terms injunctive relief may not be a sufficient remedy on its own and RMP reserves the right to pursue a separate action for damages against any infringer. Any judgement or court order received against any infringing party will be enforced to the maximum extent permitted by law.

13.4 Any commercial party or persons who breach RMP copyright, or use any RMP copyright material without permission, will be charged a minimum of £10,000 (ten thousand pounds) copyright fee for the use of said material which will allow 3 year usage of images, videos, or line-art drawings.

14 Enforcement

14.1 You agree to pay RMP costs on an indemnity basis including but not limited to experts solicitors and court costs in respect of enforcing the terms of this agreement.



Rehab My Patient

www.rehabmypatient.com

05/03/2018