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Terms of use

Web Site Terms and Conditions of Use

BACKGROUND:

This website has been specificically designed for use solely by suitably qualified medical professionals, "Users", who wish to prescribe exercises to their Patients for a wide range of musculoskeletal conditions. It is not intended for the general public without medical knowedge.

Suitably qualified medical professionals who register and subscribe to this site will be able to give their Patients the option to utilise this Website for the purpose of retrieving/viewing their prescribed exercises.

Any member of the public who access this Website for the purpose of prescribing exercises does so at their own risk.

This agreement applies as between you, the User or Patient of this Website and myclinicspace ltd, the owner(s) of this Website.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“User Account”

means collectively the personal information, payment information and credentials used by Users to access both Free and Paid Content and / or any communications System on the Website;

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

Exercise Prescription

means the provision of information, exercises and treatment advice given to Patients by Users of the Website when treating musculoskeletal problems;

“Free Content”

means any Content that is accessible upon the creation of either a Patient Account or User Account;

“Learning Establishment”

means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;

Myclinicspace

means the website;

“Paid Content”

means Content accessible only upon the creation of an User Account and the payment of a Subscription Fee or Pay as you Go fee;

“Patient”/ “Patients”

means any third party that accesses the Website and who are not considered a User;

“Patient Account”

means collectively the personal information and credentials used by Patients to access Free Content and / or any communications System on the Website;

“Pay as you Go Fee”

means a single payment made by Users to purchase credits to enable them to access Paid Content for a limited period.

Service

means collectively any online facilities, tools, services or information that myclinicspace makes available through the Website either now or in the future;

“Subscription Fee”

means the sum of money paid by Users either monthly or annually to enable them to access Paid Content;

“Subscription Period”

means the period for which a subscription has been purchased and may refer to monthly or annual accordingly;

System

means any online communications infrastructure that myclinicspace makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Website and has gained recognised professional qualifications to enable them to prescribe exercises to Patients.

“Website”

means the website that you are currently using (www.myclinicspace.com) and any sub-domains of this site (e.g. subdomain.myclinicspace.com) unless expressly excluded by their own terms and conditions.

2. Intellectual Property

2.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of myclinicspace, or our affiliates.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 4 and 5 of these Terms and Conditions apply.

3. Accessing this Website

3.1 It may be necessary from time to time to restrict access to some parts, or to the entirety of the Website.  Where this restriction is foreseeable we will contact you by email.

3.2 We will not be liable if for any reason the Website is unavailable at any time or for any period.

3.3 Myclinicspace ltd reserves the right to withdraw or amend the service we provide on the Website without notice.

4. Use of Free Content

Specifically you agree that:

4.1 you will not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by myclinicspace;

4.2 you may, as a student of a recognised Learning Establishment, use the Free Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment; and

4.3 employees of Learning Establishments may use the Free Content of the Website for teaching purposes.

5. Use of Paid Content

5.1 Payment of a Subscription Fee or Pay as you Go fee grants you a licence to use all Paid Content on the Website for the duration of your subscription or until your credits have been used.You may use such Content in the following ways:

for personal purposes;

for commercial purposes; or

for educational purposes.

5.2 Under such a licence, you agree that:

you will not systematically copy Paid Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by myclinicspace;

you may, as a student of a recognised Learning Establishment, use the Paid Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment; and

employees of Learning Establishments may use the Paid Content of the Website for teaching purposes.

6. Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of myclinicspace or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.myclinicspace.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of myclinicspace ltd. To find out more please contact us by email at admin dot myclincspace dot com or write to our registered address.

9. Acceptable Use

9.1 When using the forums or similar and / or any other System on the Website you should do so in accordance with the following rules:

you must not use obscene or vulgar language;

you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

no Content that is intended to promote or incite violence;

it is advised that posts on message boards, chat facilities or similar and communications with myclinicspace are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

you must not post links to other websites containing any of the above types of Content;

the means by which you identify yourself must not violate these terms of use or any applicable laws;

you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

you must not impersonate other people, particularly employees and representatives of myclinicspace or our affiliates; and

you must not use our System for unauthorised mass-communication such as spam or junk mail.

you acknowledge that myclinicspace reserves the right to monitor any and all communications made to us or using our System.

you acknowledge that myclinicspace may retain copies of any and all communications made to us or using our System.

you acknowledge that any information you send to us through our System or post on the forums/chat or similar may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

10. User Account

10.1 In order to access Paid Content on this Website and to use the forums/chat or similar facilities you are required to create a User Account which will contain certain personal details which may vary based upon the type of User Account that you choose. By continuing to use this Website you represent and warrant that:

all information you submit is accurate and truthful; and

you will keep this information accurate and up-to-date.

Your creation of a User Account is further affirmation of your representation and warranty.

10.2 Sharing of User Accounts is not permitted unless expressly authorised in writing by myclinicspace. You are required to keep your User Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your User Account details in your internet browser.

10.3 When choosing your Username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your User Account.

10.4 Users who use the Website to prescribe exercises to Patients or any third party must agree to the following terms :

You are a health professional with relevant and recognised professional qualifications from relevant educational establishments and/or professional governing body in one of the following: doctor, physiotherapy/physical therapy, sports therapy, personal training, sports injury.

You declare that you have public liability insurance related to your health profession and that it covers you to prescribe exercises to Patients with varous health problems.

You declare that you have reviewed all exercises, videos and associated text on this Website and in full before prescribing them to Patients.

Myclinicspace will not be liable if Patients come to harm either physically, emotionally or financially as a result of your prescription.

11. Patient Account

11.1 In order to access your exercises on this Website and to use the forums/chat or similar facilities your treating health/medical professional, "User" with your permssion will create a unique Patient Account which will contain certain personal details. You will then be able to complete the account registration using information your treatning health/medical professional will give you. By continuing to use this Website you represent and warrant that:

all information you submit is accurate and truthful; and

you will keep this information accurate and up-to-date.

Your creation of a Patient Account is further affirmation of your representation and warranty.

11.2 Sharing of Patient Accounts is not permitted. You are required to keep your Patient Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your Patient Account details in your internet browser.

11.3 When choosing your Username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Patient Account.

11.4 Patients who use this website to access exercises must agree to the following terms:

Exercises from this Website are not intended to be a substitute for professional medical advice.

Your participation in any exercise and/or use of any information or materials on this Website is entirely at your own risk, for which myclinicspace shall not be liable.

Myclinicspace does not offer professional medical advice. It is up to the Users of the Website to exercise their own clinical judgment as to the information they provide to you and which exercise you carry out.

If you feel unwell, discomfort, nausea, dizziness, headaches or have any other symptoms whilst performing any exercise then please stop and consult your medical/health advisor.

Serious and minor injuries and ailments can occur from the performance of the exercises from this Website (including but not limited to heart attack, deep vein thrombosis, fainting, cramp) and therefore you should seek the advice of a suitably qualified medical professional prior to using the services offered by myclinicspace.

12. Subscriptions (For "Users")

12.1 Subscription charges commence on the date that you activate your subscription. Your credit / debit card will be billed on activation and monthly or yearly thereafter.

12.2 Your first payment will be at the price advertised on the Website. Myclinicspace reserve the right to change Subscription Fees from time to time and any such changes may affect your subscription rate. We will inform you by email or via information on the Website and any increases in price will be reflected in your subscription on the date of the immediately subsequent renewal unless otherwise stated.

For further information on subscriptions and pricing, please visit our Subscriptions page http://www.myclinicspace.com/subscription.php.

12.3 If you terminate your subscription you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.

12.4 If you have subscribed in error you must inform myclinicspace within 24 hours of subscribing and must not use the Website or its Content during that time. If any use can be traced to your Account, no refund will be provided.

13. Pay as you Go (For "Users")

13.1 The Pay as you Go service allows you to purchase credits to fully utilise the Paid Content.

13.2 A single Pay as you Go credit allows you, the User to either :

Create up to 5 exercise programmes without emailing or

Create and email one exercise programme.

13.3 Access to Paid Content will be restricted when your credit limit reaches zero.

13.4 You may purchase Pay as you Go credits at anytime to gain access to Paid Content.

13.5 Credits must be used within a year of purchase. Beyond this time they will expire.

13.6 If you choose to terminate your account you will loose any remaining credits and these will not be refunded.

14. Termination

14.1 Either myclinicspace or you may terminate your User Account or Patient Account and (where relevant) your subscription. If myclinicspace terminates your account or subscription, you will be notified by email and an explanation for the termination will be provided.

14.2 Notwithstanding the foregoing, we reserve the right to terminate without giving reasons

14.3 If myclinicspace terminates your account as a result of your breach of these Terms and Conditions you will not be entitled to any refund (where relevant).

14.4 If myclinicspace terminates your account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period. Similarly any remaining credits will be re-embursed and this will be calculated based upon the fee paid being divided by the number of credits purchased and multiplied by the number of credits remaining (less the 10 free credits given on joining).

14.5 If myclinicspace terminates your account, you will cease to have access to Content from the date of termination.

14.6 If you terminate your subscription, you will continue to have access to Paid Content for the remainder of your subscription period as per Clause 12.

15. Privacy

15.1 Use of the Website is also governed by our Privacy Policy which can be found : http://www.myclinicspace.com/privacypolicy.php and is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

15.2 This Website places a number of cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy. By accepting these terms and conditions, you are giving consent for myclinicspace to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.

Name of Cookie

Name of Provider

1st / 3rd Party

Purpose

myclinicspace

myclinicspace

1st

used to store your email address if you ticked 'Remember Me' when you log in. This cookie will remain on your computer for up to 30 days . When you return to the website this cookie will be used to greet you by your name and your email will be shown on the log in screen. It can be deactivated by unchecking the 'Remember Me' box when you log in.

myclinicspacecookiesaccepted

myclinicspace

1st

This cookie is used to record if a user has accepted the use of cookies on the myclinicspace website.

Google Analytics :

_utma
_utmb
_utmc
_utmz

Google

3rd

These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.

Click here for an overview of privacy at Google

To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

PHPSESSID

myclinicspace

1st

myclinicspace uses session variables to maintain key functions of the site (for example, to identify you as a user between page loads). This cookie is removed each time you close your browser.

15.3 YouTube cookies

We embed videos from our official YouTube channel using YouTube’s privacy-enhanced mode. This mode may set cookies on your computer once you click on the YouTube video player, but YouTube will not store personally-identifiable cookie information for playbacks of embedded videos using the privacy-enhanced mode. To find out more please visit YouTube’s embedding videos information page.

15.4 Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

16. Disclaimers

16.1 Myclinicspace makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

16.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, myclinicspace makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.

16.3 No part of this Website is intended to constitute medical advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. Your use of any information or materials on this website is entirely at your own risk, for which myclinicspace shall not be liable. It shall be your responsibility to ensure that any products, services or information available through this website meet your specific requirements.

16.4 Commercial use of the information on this Website is permitted, however myclinicspace makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

16.5 Whilst every effort has been made to ensure that all descriptions of services available from myclinicspace correspond to the actual services available, myclinicspace is not responsible for any variations from these descriptions.

16.6 Whilst myclinicspace uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users/Patients are advised to take responsibility for their own security, that of their personal details and their computers.

17. Availability of the Website and Modifications

17.1 The Service is provided as is and on an as available basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

17.2 Myclinicspace accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

17.3 Myclinicspace reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

18. Limitation of Liability

18.1 Myclinicspace's liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of a User's current subscription. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein, to the maximum extent permitted by law, myclinicspace accepts no liability. Users/Patients should be aware that they use the Website and it's Content at their own risk.

18.2 Nothing in these Terms and Conditions excludes or restricts myclinicspace's liability for death or personal injury resulting from any negligence or fraud on the part of myclinicspace.

18.3 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

19. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

20. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

This policy was first created on: 21/04/2012. There have been no amendments.

21. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and myclinicspace.

22. Communications

21.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to admin @ myclinicspace dot com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

21.2 Myclinicspace may from time to time send you information about our products and/or services. If you do not wish to receive such information, please inform us by email.

23. Law and Jurisdiction

These Terms and Conditions and the relationship between you and myclinicspace shall be governed by and construed in accordance with the Law of England and Wales and myclinicspace and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.