Terms and Conditions
Important Legal Notice
ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THIS WORLD WIDE WEBSITE AND TO ANY CORRESPONDENCE BY EMAIL BETWEEN US AND YOU (”SITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE. THIS NOTICE IS ISSUED BY OVERLAND ASSOCIATES LIMITED ('OVERLAND').
- 1.1 On visiting this Site, you will be able to access most areas of the Site without registering your details with us. Certain areas of this Site may only be open to you if you register.
- 2.1 You are permitted to print and download extracts from this Site on the following basis:
- a. no documents or related graphics on this Site are modified in any way;
- b. no graphics on this Site are used separately from accompanying text; and
- c. the Overland copyright notice and this permission notice appear in all copies.
- 2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Site (including without limitation photographs and graphical images), are owned by Overland. For the purposes of this legal notice, any use of extracts from this Site other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Site automatically terminates and you must immediately destroy any downloaded or printed extracts from this Site.
- 2.3 Subject to paragraph 2.1, no part of this Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Overland’s prior written permission.
- 2.4 Any rights not expressly granted in these terms are reserved.
- Service Access
- 3.1 Whilst Overland endeavours to ensure that this Site is normally available 24 hours a day, Overland will not be liable if for any reason this Site is unavailable at any time or for any period.
- 3.2 Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Overland’s control.
- User Communication
- 4.2 You are prohibited from posting or transmitting to or from this Site any Communications that are unlawful, threatening, libellous, defamatory, obscene, indecent, seditious, offensive, defamatory, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or for which you have not obtained all necessary licences and/or approvals or which may cause annoyance or inconvenience or other material and content that would violate any law. You also agree that any Communications you make shall not constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party enforceable in any part of the United Kingdom, the European Union, the United States or any other country.
- 4.3 You must not transmit any technically harmful Communications to or through this Site (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or engage in other practices of misuse (including, without limitation, hacking). Overland will fully cooperate with any law enforcement authorities or court order requesting or directing Overland to disclose the identity or locate anyone posting any such materials or content.
- Links To and From Other Websites
- 5.1 Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you may leave this Site. Overland has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Overland does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
- 5.2 If you would like to link to this Site you may only do so on the basis that you link to, but do not replicate, the home page of this Site and subject to the following conditions:
- 5.2.1 You do not remove, distort or otherwise alter the size or appearance of the logo;
- 5.2.2 You do not create a frame or any other browser or border environment around this Site;
- 5.2.3 You do not in any way imply that Overland is endorsing any products or services other than its own;
- 5.2.4 You do not misrepresent your relationship with Overland nor present any other false information about Overland;
- 5.2.5 You do not otherwise use any Overland trade marks displayed on the Site without express written permission from Overland;
- 5.2.6 You do not link from a website that is not owned by you; and
- 5.2.7 Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- 5.3 Overland expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and take any action it deems appropriate.
- 5.4 You shall fully indemnify Overland for any loss or damage suffered by Overland or any of its group companies for breach of paragraph 5.2.
- 6.1 Each registration is for a single user only. Overland does not permit you to share your user name and password with any other person nor with multiple users on a network.
- 6.2 Responsibility for the security of any passwords issued rests with you.
- 7.1 If we refer you to a practitioner and you are not satisfied with the initial consultation you may wish to claim a refund. In order to do so you must write to us at the address set out below providing a reasonable explanation as to why you are dissatisfied and enclosing a copy of the receipt issued to you by your practitioner. If we conclude that you have reasonable grounds for complaining we will refund the cost of your initial consultation. You will not be eligible for a refund if the cost of the treatment you received is recoverable by you from a health insurance provider.
- 7.2 We retain the right at our discretion to refuse payment of a refund to you if you have claimed another refund from Overland in the previous 12 months.
- 8.1 Whilst Overland endeavours to ensure that the information on this Site is correct, Overland does not warrant the accuracy and completeness of the material on this Site. Overland may make changes to the material on this Site, or to the products and prices described in them, at any time without notice. The materials on this Site may be out of date, and Overland makes no commitment to update the material on this Site.
- 8.2 The material provided at this Site are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Overland provides you with this Site on the basis that Overland excludes all representations (except fraudulent representations and representations as to matters fundamental to the use of this Site), warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this notice might have effect in relation to this Site.
- 9.1 Overland excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party as a result of providing this Site or arising out of the use, inability to use, or the results of use of this Site, any websites linked to this Site, or the materials, content or information contained at any or all such sites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site or your downloading of any materials or contents from this Site or any sites linked to this Site.
- 9.2 Overland, any other party (whether or not involved in creating, producing, maintaining or delivering this Site), and any of Overland’s group companies and the officers, directors, employees, shareholders or agents of any of them shall not be liable in connection with this Site in any way or in connection with the use, inability to use, or the results of use of this Site, any websites linked to this Site, or the material on such sites, for any loss or damages of any kind howsoever arising, including without limitation, any direct, indirect, punitive or consequential loss or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption and whether or not any such loss or damages in this paragraph 8.2 is foreseeable, known or foreseen or otherwise and whether in tort (including without limitation negligence), contract or otherwise.
- 9.3 Nothing in this legal notice shall exclude or limit Overland’s liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) or for fraudulent misrepresentation or for misrepresentation as to a matter fundamental to Overland’s ability to undertake such obligations and responsibilities as Overland has under this legal notice.
- 9.4 If your use of the material on this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
- 9.5 Overland shall not be liable for any act of professional negligence committed by any practitioner to whom you may have been referred through this site. Your contract is solely with the practitioner and Overland is not an agent of the practitioner, nor is it a party to any contract you may form with the practitioner. Overland expressly denies any representation as to the professional competence of any practitioner to whom we may refer you and warns you must exercise your own independent judgement as to competence and credentials of any practitioner before receiving treatment.
- 10.1 By accessing any part of this Site, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Site immediately.
- 10.2 Overland may revise this legal notice at any time by updating this posting. You should check this Site from time to time to review the then-current legal notice because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
- 10.3 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the non-exclusive jurisdiction of the English courts.
Issue Date: 3 July 2006
Unless otherwise stated all contents of this web site are © Copyright The Physiotherapy Site 2006-2008. First published in London, United Kingdom in 2006