Terms and Conditions

Terms & Conditions

 

Last Updated: 10th December 2019

 

Your use of Our Site, Our App and the Services is subject to these terms and conditions together with any additional terms and policies referred to in them (“Our Terms”).

  1. Introduction
    • Thank you for choosing The Mobile Physio, a great place to book your physiotherapy services.
    • These terms and conditions of service together with any terms and policies referred to in them (“Our Terms”) constitute a legally binding agreement between you and The UK Mobile Physiotherapy Ltd (“The Mobile Physio”, “we”, “us” or “our”). The Mobile Physio is a private limited company registered in England and Wales with company No. 11252701 whose registered office is located at the following address: 476 St Albans Road, Watford, WD24 6QU
    • Use Of Our Site And Our App
    • Our Terms govern your use of our website (“Our Site”) and also our App (“Our App”) and the Services. By using Our Site, Our App or the Services, you agree to comply with Our Terms.
    • Please read Our Terms carefully and thoroughly. If you do not accept Our Terms, you must not make a booking through The Mobile Physio for any Treatment or purchase any Products through The Mobile Physio.
  2. Personal Data
    • In order to provide the Services, we may collect personal data from you. Before making a booking or purchase through us, please read our privacy policy available here (“Our Privacy Policy”).
  3. Consumer Terms
    • The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 require The Mobile Physio to give you certain key information for there to be a legally binding contract between you and us. This information is set out below and is also linked in the email which we will send to you to confirm any booking you make through us with an Independent Therapist or to confirm any purchase of a Product.
  4. Eligible Use
    • You confirm that you are of legal age to access and use Our Site, Our App and / or the Services and are of legal capacity to agree to Our Terms. You are not eligible to use the Services if you are under the age of 18. Our Terms apply to individuals only; for any corporate bookings or purchases, please contact us at info@themobilephysio.com
  5. Language
    • We only conclude contracts in the English language.
  6. Our Services
    • The Mobile Physio provides a booking and purchase service (the “Services”). The Services allow you to book physiotherapy assessment and treatment (“Physiotherapy Assessments Treatments”) that are performed in each and every case by independent self-employed professional physiotherapists (“Independent Physiotherapists”). In providing the Services, The Mobile Physio acts as the agent of the Independent Physiotherapists and / or Retailers. The Mobile Physio has no responsibility for any Physiotherapy Assessments Treatments which you book or purchase through us: we are involved with the booking and / or purchase process, as well as providing ancillary services (including a telephone booking service) as explained below.
    • The Services we offer allow you to search through Our Site and purchase Physiotherapy Assessments Treatments from a number of Independent Physiotherapists and / or Retailers. In enabling you to purchase Physiotherapy Assessments Treatments through Our Site, we are acting as the commercial agent of those Independent Physiotherapists and / or Retailers. As part of the Services, we also provide some ancillary services such as assisting with customer service issues (again in our capacity as agent for the Independent Physiotherapists and / or Retailers).
    • However, as stated above, the contract for the purchase of the Physiotherapy Assessments Treatments is between you and the Independent Physiotherapist and / or the Retailer. This means that it is the Independent Physiotherapist who is legally responsible for providing the Physiotherapy Assessments Treatments to you. However, The Mobile Physio remains responsible in respect of its obligations to you in accordance with Our Terms which shall be legally binding. If you have any questions, complaints or requests for refunds, we can be contacted directly at info@themobilephysio.com. The Mobile Physio will remain the point of contact for you for customer service questions.
    • The Mobile Physio shall, if requested, provide intermediary services between you and an Independent Physiotherapist and / or Retailer in connection with customer service or dispute resolution matters.
    • Agreements For Physiotherapy Assessments Treatments
  7. Physiotherapy Assessments Treatments
    • When booked through us, the Physiotherapy Assessments Treatments you receive will be subject to the Independent Physiotherapist’s terms and conditions (“Independent Physiotherapist’s Terms”). You will be provided with and asked to confirm your acceptance of the Independent Physiotherapist’s Terms when making a booking through us. The Mobile Physio is not a party to the Independent Physiotherapist’s Terms: these terms will solely be between you and the Independent Physiotherapist who provides you with your Physiotherapy Assessments Treatments.
  8. Booking Process
    • Booking Physiotherapy Assessments Treatments
    • You can make a booking through Our Site or through Our App by choosing an Independent Physiotherapist.
    • You may only make a booking up to four weeks in advance.
    • Your payment will be made to the Independent Physiotherapist and how this transaction takes place is between you and the Independent Physiotherapist.
    • Full details of the prices are referred to below.
    • The Treatment Fee belongs to the Independent Physiotherapist who provides the Physiotherapy Assessments Treatments. Where payment is taken by The Mobile Physio, as the Independent Physiotherapist’s agent, we will collect or arrange for a third party to collect on our behalf, the Treatment Fee from you. Our receipt of the full Treatment Fee will discharge your debt to the relevant Physiotherapist in respect of that booking.
    • We are appointed by Independent Physiotherapists to conclude bookings on their behalf as their commercial agent. Once your booking is accepted by us on behalf of the and the Independent Physiotherapist, you will receive confirmation of your appointment from us by email.
    • By making a booking, you are responsible for:
    • Full payment of the applicable Treatment Fee;
    • Ensuring the Independent Physiotherapist has access to your Designated Premises which must, in all cases, represent a suitable space in which the Physiotherapy Assessments Treatments can be performed, with all appropriate facilities (including adequate lighting and heating); and
    • Ensuring the health and safety of the Independent Physiotherapist whilst at your Designated Premises.
  9. Payment
    • All Treatment Fees and / or Product Fees are payable through Our Site, Our App, direct to the Independent Physiotherapist or over the telephone. We collect or arrange collection of payment of Treatment Fees on behalf of the Independent Physiotherapist, and of Product Fees on behalf of the Retailer. In each case, our receipt of your payment as agent for the Retailer or Independent Physiotherapist discharges your debt to that Retailer or Independent Therapist for the amount paid.
    • We will do all that we reasonably can to ensure that all of the information you give us when paying for the Physiotherapy Assessments Treatments is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on the part of The Mobile Physio, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you may give us at any time.
    • By making a booking or purchase you agree to provide complete, correct and true information including without limitation billing and payment information.
  10. Prices
    • All fees and charges are inclusive of VAT.
    • Physiotherapy Assessments Treatments
    • The price of Physiotherapy Assessments Treatments (each a “Treatment Price” and collectively “Treatment Prices”) varies according to the type and duration of the Physiotherapy Assessments Treatments you book and also the location of the premises you have designated for the Physiotherapy Assessments Treatments to be provided to you by the Independent Physiotherapist (“Designated Premises”). Treatment Prices are set from time to time and the Treatment Price you will be required to pay for a specific Physiotherapy Assessments Treatments (each a “Treatment Fee” and collectively “Treatment Fees”) will be determined by reference to the Treatment Prices in force at the date when that Physiotherapy Assessments Treatments is booked.
    • Full details of Treatment Prices are set out in our site and Our App. Treatment Prices are liable to change at any time, but changes will not affect any booking which you have already made.
  11. Your Responsibilities
    • In addition to the responsibilities noted above, it is your responsibility to provide complete and accurate information at the time of booking or purchase. Failure to provide complete and accurate information may result in a rejection of your booking request, cancellation of your booking, an inability of the booked Independent Physiotherapist to provide the Physiotherapy Assessments Treatments as requested or an inability of the Retailer to provide the Product. Such failure may also result in loss or incorrect delivery of your booking confirmation or Order Confirmation.
  12. Cancellations And Refunds
    • Physiotherapy Assessments Treatments
    • You acknowledge that you do not have any statutory right to cancel a booking made for a Physiotherapy Assessments Treatments. However, you have a contractual entitlement to cancel any booking you have made with an Independent Physiotherapist through us in the following circumstances and on the described terms.
    • Subject to the cancellation being a Late or Very Late Cancellation (as described below), if you change your mind about your booking prior to the agreed appointment start time in that booking (“Appointment Time”) then the Independent Physiotherapist will be willing to treat your booking as cancelled (without requiring payment of all or any part of the applicable Treatment Fee and without levying any cancellation fee) if you cancel your booking via Our Site or Our App or via the telephone booking service:
    • at least twenty-four (24) hours prior to the Appointment Time; or
    • if the Appointment Time falls within twenty-four (24) hours of the time of booking, within ten (10) minutes of you having confirmed that you want to make a booking (“Grace Period”).
    • If your cancellation of a booking is:
    • within twenty-four (24) hours of the Physiotherapy Assessments Treatments; or
    • after the Grace Period has elapsed,
    • then unless the cancellation represents a Very Late Cancellation (as described below), we will be entitled to retain (or charge, as the case may be) thirty per cent (30%) of the applicable Treatment Fee because your cancellation represents a Late Cancellation.
    • However, if your cancellation of a booking is within two (2) hours of the Massage Appointment Time and if applicable, the Grace Period has elapsed, the Independent Physiotherapist will be entitled to retain (or charge, as the case may be) one hundred per cent (100%) of the applicable Treatment Fee because your cancellation represents a Very Late Cancellation.
    • You will also be charged the full Treatment Fee if you:
    • Cancel a booking other than as permitted above;
    • Attempt to cancel a booking on or after the Appointment Time; or
    • Fail to attend a booking at the Appointment Time and/or at the Designated Premises.
    • A cancellation fee is charged in order to compensate the Independent Physiotherapist because it is not reasonable to expect the Independent Physiotherapist to be able to provide a Physiotherapy Assessments Treatments at another booking where you cancel with short or no notice.
    • Cancellation fees may in our absolute discretion be waived where you have been unable to cancel a booking without incurring the cancellation fee for genuine reasons which were outside of your control. Where cancellation fees are waived by us, we act as agent of the Independent Physiotherapist who is the principal in supplying the Physiotherapy Assessments Treatments.
  13. Extensions And Delays
    • If you wish to extend the time you have booked a Physiotherapy Assessments Treatments, the Independent Physiotherapist will endeavour to fulfil your request. This is subject to the availability of the Independent Physiotherapist and payment of an additional charge for the extended time calculated in accordance with the Treatment Prices (each an “Extra Time Charge” and collectively, “Extra Time Charges”).
    • If you are delayed and unable to start the Physiotherapy Assessments Treatments at the Designated Premises at the Appointment Time by more than 10 minutes then, unless the Independent Physiotherapist agrees to the contrary (which is within the sole discretion of the Independent Physiotherapist):
    • the Independent Physiotherapist is entitled to end the Physiotherapy Assessments Treatments at the time agreed when the booking was made without making any adjustment to the Treatment Price to reflect the reduced time of the Physiotherapy Assessments Treatments; or
    • if you and the Independent Physiotherapist agree to proceed with the Physiotherapy Assessments Treatments for the full time allotted notwithstanding the delayed start time, then you shall be obliged to pay before the relevant Physiotherapy Assessments Treatments is given, an additional charge calculated at the rate set out with the Treatment Prices for extra time.
    • We will collect the Extra Time Charges as agent of the Independent Physiotherapist.
  14. The Mobile Physio Acts Only As An Introducer
    • The Services enable those seeking Physiotherapy Assessments Treatments to book appointments with Independent Physiotherapists seeking to provide such Physiotherapy Assessments Treatments. Whilst The Mobile Physio interviews and assesses Independent Physiotherapists who wish to provide Physiotherapy Assessments Treatments, we do not guarantee or warrant, and make no representations regarding the reliability, quality or suitability of Independent Physiotherapists. This is entirely a matter for you. Accordingly, you acknowledge and agree that The Mobile Physio does not have any obligation to conduct any background checks on any Independent Physiotherapist and have no obligation in respect of any service they may provide.
    • When interacting with any Independent Physiotherapist you should exercise caution and common sense to protect your personal safety, details and property, just as you would when interacting with other persons who are unknown to you.
  15. Promo Codes And Referrals
    • We may from time to time create and offer promotional codes and referral codes (together “Codes”) that can be redeemed against purchases of Physiotherapy Assessments Treatments or Products. Codes will only be valid for a period of time stated on or with them.
    • Codes do not have any cash value. Codes may:
    • only be used for personal and non-commercial purposes. You can share your unique code with your personal connections via social media where you are the primary content owner. Codes may not be duplicated, sold, transferred, distributed or made available to others online (including through public sites such as coupon sites) or by other means;
    • not be promoted in any way including via a search engine;
    • not be exchanged for cash;
    • only be used once and only one Code may be used per person; and
    • may be subject to specific terms which will be made available by us, and must only be used in accordance with those terms.
    • In addition, from time to time we may issue referral codes to allow you to refer friends and family to the Services, and which may reduce the Treatment Fee and / or Product Fee (“Referral Codes”). Referral Codes will be limited to 25 referrals per user. If you wish to continue using the Referral Code for more than 25 referrals, please email info@themobilephysio.com we may (but are not obliged to) extend the use of the relevant Referral Code.
    • Discounts cannot be used in conjunction with any other offers or discounts.
  16. Prohibited Use
    • The Services are for your personal and non-commercial use and must only be used for the purposes of inquiring about or making bookings for Physiotherapy Assessments Treatments as expressly described above. You must not use Our Site, Our App or the Services to do any of the following (each of which is strictly prohibited):
    • Engage in any inappropriate behaviour including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behaviour;
    • Restrict or inhibit any other user from using and enjoying the Services;
    • Infringe the privacy rights, property rights, or other civil rights of any person;
    • Harass, abuse, threaten or otherwise infringe or violate the rights of Independent Physiotherapists, The Mobile Physio (including its employees and personnel) or others;
    • Harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
    • Use technology or other means to access our computer network, unauthorised content or non-public spaces;
    • Introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit the Services, Our Site or Our App’s functionality, or damage, disable or otherwise impair our servers or networks or attempt to do the same; or
    • Engage in or encourage others to engage in criminal or unlawful conduct or breach Our Terms including misuse of the Services for unlawful or unauthorised purposes.
    • You agree not to breach Our Terms in any way which may result in, among other things, termination or suspension of your access to the Services.
  17. Intellectual Property
    • THE MOBILE PHYSIO, The Mobile Physio logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with the Site, App or the Services (whether registered or unregistered) belong to us or our licensors (as are applicable) and are protected by intellectual property law. Nothing in Our Terms grants you any rights in the Site, App or Services or the content within the same. All rights are reserved.
  18. Disclaimer
    • As noted above, we introduce individuals seeking Physiotherapy Assessments Treatments to Independent Physiotherapists seeking to provide such Physiotherapy Assessments Treatments. We are not liable or responsible for the fulfilment of any booking or the performance of the Independent Physiotherapist. You acknowledge and agree that we are not responsible for addressing any claims you have as regards any Independent Physiotherapist or any Physiotherapy Assessments Treatments, however we do try to assist by providing the intermediary services around resolving disputes and complaints as mentioned above.
  19. Our Services Are For General Information Only
    • Content on Our Site and Our App which is made available as part of the Services is provided for your general information purposes only. Nothing contained on Our Site, Our App or communicated any other way as part of the Services constitutes, or is meant to constitute, advice, opinion or guidance of any kind.
  20. We Cannot Guarantee Our Site, Our App Or The Services
    • We make no warranty or guarantee that Our Site, Our App or any other aspect of the Services is suitable for your intended use, error-free, timely, reliable, entirely secure, virus-free or available. We make no guarantee of particular results or outcomes by use of Our Site, Our App or any other aspect of the Services.
    • Nothing in Our Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit and nothing in Our Terms will exclude or limit our liability in respect of any: death or personal injury caused by the negligence of The Mobile Physio, fraud or fraudulent misrepresentation by The Mobile Physio, or any matter which it would be illegal or unlawful for The Mobile Physio to exclude or limit, or to attempt or purport to exclude or limit, its liability.
    • We are not liable or responsible for any errors in or failure to provide the Services due to your error or failure to provide accurate and complete information.
    • Whilst we make every effort to ensure that the Services are available, we do not represent, warrant or guarantee in any way the continued availability at all times or the uninterrupted use by you of the Services. We reserve the right to suspend or cease the operation of all or part of the Services from time to time at our sole discretion.
    • Use of Our Site, Our App and the Services is on an “as-is” and “as available” basis. To the maximum extent permitted at law in no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, loss of data, lost revenues, loss of goodwill, loss of anticipated saving or profits, or arising out of or in any way connected with the use or performance of the site or services, or with the delay or inability to use the site or services, or with the provision of or failure to provide the site or services.
  21. Indemnity
    • You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to the Services and otherwise from your violation of Our Terms.
  22. Modification and Termination
    • We may modify Our Terms or terminate use of the Services at any time by giving notice to you. If you do not agree to any changes, you must stop using the Services. We may also change, suspend, terminate or discontinue any aspect of the Services including availability of certain features at any time for any reason.
  23. Severability
    • If any provision of Our Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.
  24. Governing Law And Jurisdiction
    • You agree that Our Terms for all purposes, shall be governed by and construed in accordance with English and Welsh law. You also agree to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under Our Terms.

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0333 242 7411

info@themobilephysio.com

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