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TERMS OF USE

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Introduction

  1. Please read this terms of use agreement (the “Agreement”) carefully before accessing or using this website, www.physiofanatic.com (the “Website”). This Agreement constitutes a legal agreement between Physiofanatic Ltd. (“Physiofanatic”) and you, the person accessing or using this website (“You”, “Your”, “Yourself”, and “User”). By accessing or using this Website, You agree to be bound by this Agreement and are deemed to have read it. If You do not intend to be bound by these terms and conditions, You may not access or use this Website.

  2.  Please carefully read Physiofanatic's privacy policy (the “Privacy Policy”) which is incorporated herein by reference. By accepting this Agreement and/or using the Website, You agree to the Privacy Policy governing Physiofanatic's collection and use of Your personal information.

  3. By accepting this Agreement and/or using the Website, You agree to abide by Physiofanatic's policies, procedures and guidelines as may be posted on the Website or otherwise made available to you by Physiofanatic, including but not limited to Physiofanatic's booking, cancellation, and payment policies.

  4. Physiofanatic reserves the right, in its sole discretion, to change, modify, add or remove any of the terms and conditions of this Agreement and any of its policies, procedures and guidelines at any time without any further notice to You. It is Your responsibility to review the Website and this Agreement periodically for changes. Your continued use of the Website shall be deemed to be Your acceptance of any such changes, modifications, additions or removals.  

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Services

  1. Physiofanatic's Website contains, without limitation, information about Physiofanatic and its services, a blog and a newsletter service, a contact submission form, and a third-party online booking platform (collectively, the “Services”).

  2. Prices for the Services are subject to change without notice. Physiofanatic reserves the right at any time to modify or discontinue any Services without notice, and Physiofanatic shall not be liable to You for any such modification, price change, suspension or discontinuance of the Services.

  3. Physiofanatic reserves the right to refuse any booking You make. Physiofanatic will attempt to notify you of such refusal or cancellation, by contacting the email, phone number, or billing address provided by You, if any.

  4. Third-party tools: Physiofanatic may provide You with access to third-party tools, including but not limited to billing, payment, or booking tools or platforms, that Physiofanatic does not monitor and over which Physiofanatic does not have any control. You acknowledge and agree that Physiofanatic provides access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Any use of such third-party tools is entirely at Your own risk and discretion. Physiofanatic shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.

  5. Physiofanatic is not liable to You or to any third party, for any loss or damage, or any claims, demands, or actions, howsoever arising either directly or indirectly from the Services or use of the Website.

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 User Warranties and Covenants

  1. You must be at least the age of majority in your jurisdiction of residence to use the Website. By using the Website and agreeing to the terms herein you warrant and represent to Physiofanatic that you are at least the age of majority in your jurisdiction of residence.

  2. As a User of the Services and/or Website, You agree that any content or information You provide is accurate, current and complete, and You further represent and warrant that You will abide by any and all applicable laws and regulations in relation to Your use of the Website and the Services and in relation to any content that You provide to Physiofanatic or to any third party platform.

  3.  To access and use certain features of the Website, Users may need to set up an account and/or provide Physiofanatic or a third party platform with information, some of which may be considered personal information such as name, email address, address, postal code, phone number, gender, date of birth (“Personal Information”). Physiofanatic will use Your account information, including Personal Information, according to the terms of Physiofanatic's privacy policy, incorporated by reference into this Agreement.

  4.  You agree that You will:

    1.  maintain and update your account information, including Personal Information, so as to ensure all Your information provided on the Website and to Physiofanatic is current, accurate and complete;

    2. keep confidential Your passwords and account information, if any, and assume responsibility for all activities that occur under Your password or account; and

    3. agree to immediately notify Physiofanatic of any unauthorized use of Your account or change to your account information.

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Ownership and Licence

  1.  Copyright 2019 Physiofanatic Ltd. All Rights Reserved.

  2.   Subject to the express provisions of this Agreement:

  3. (a)   Physiofanatic, together with its licensors, exclusively owns and controls all the copyright and other intellectual property rights in the Website and the Services, including without limitation all trademarks, trade names, copyrights, official marks, logos, and any other symbols of Physiofanatic;
    (b)   Physiofanatic reserves the copyright and other intellectual property rights in the Website and the Services; and
    (c)   all images and content on the Website are either the property of, or used by permission by Physiofanatic; unauthorized use of images and content by you is prohibited.

  4. Physiofanatic reserves the right to restrict access to the Website, and to any User, at Physiofanatic's discretion.

  5.  Upon Your agreement with the terms and conditions of this Agreement and/or Your use of the Website, Physiofanatic grants You a limited, revocable, non-royalty, non-exclusive and non-transferable license to access this Website for Your own use. This Agreement does not grant You any other right or license, whether express or implied, by estoppel or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right in Physiofanatic or any third party. Physiofanatic may terminate this license at any time for any reason whatsoever.

  6.  Under this Agreement You shall not in any way use, copy, reproduce, modify, download, upload, transfer, redistribute, broadcast, display, post, print, access, view, decompile or reverse engineer any of the contents of this Website except as expressly provided for by this Agreement. This provision shall survive this Agreement.

  7. Physiofanatic reserves the right, but is not obligated, to modify, correct, add or remove any portion of the contents of this Website, in its sole discretion at any time, without notice or compensation to You.

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Disclaimers

  1. The Website may contain information relating to health conditions and treatments. This information is for informational purposes only, and is not a substitute for, nor should You interpret it to supercede, professional medical advice. The information on this Website may not be suitable or appropriate for all individuals, including You. You should always consult with your medical professionals for advice on diagnosis and treatment of any medical or health-related issues prior to making or embarking on any health care treatment plan.

  2. The contents of this Website are provided on an “as is” or “as available” basis. Physiofanatic makes no warranties, guarantees, representations or endorsements, neither express nor implied, whatsoever, including without limitation warranties of accuracy, completeness, reliability, non-infringement of any property rights, merchantability or fitness for a particular purpose. Physiofanatic does not warrant that the quality of any Services, information or other material purchased or obtained by You will meet Your expectations, or that any errors in the Services will be corrected. Further, Physiofanatic does not warrant or make any representation concerning any results or consequences from any use of the contents of this Website, or any other websites linked to this Website. Physiofanatic does not warrant or guarantee that the contents of this Website or any other website linked to this Website will be free of infection, viruses, worms, or any other manifestation in code or content which may contain destructive or harmful properties. Any inclusion in this Website of any link to another website is not a warranty or endorsement of that other website, which You use at Your own risk.  

  3. The Website may contain advertisements or links to other third-party websites and content which are not owned or controlled by Physiofanatic, and Physiofanatic makes no representations or warranties as to the completeness, accuracy or authenticity of any content, data, or information on any such advertisement or third-party website. Any access to any advertised services or products, or to any third-party website linked through this Website or at all is at Your own risk and cost.  

  4. Physiofanatic shall not have any responsibility for the content on the website of, or any transaction You may have with, any third party. YOU MUST BE CAREFUL in any User or third-party transaction, and consider due diligence and obtaining independent legal advice regarding such transaction. You should be aware of and have the full responsibility for any applicable federal, provincial or municipal laws, regulations or policies that may apply to any third-party transaction. Nothing in this Agreement shall create or be deemed to create an agency, partnership, joint venture, employment, or franchise relationship between Physiofanatic and You or any third party.

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Indemnity and Limitation of Liability

  1. In consideration for the use of the Website and the Services, and on behalf of Yourself, your heirs, executors, successors, assigns, and whomever may have or acquire any interest in any claim arising from the use of the Website or the Services, including but not limited to any minors (all of which are You for the purposes of this sub-article), You agree to indemnify and hold harmless Physiofanatic and its officers, directors, employees, agents, assigns, suppliers, affiliates and subsidiaries (all of which are Physiofanatic for the purposes of this sub-article) from any loss, damage, or expense, and any and all third party claims, demands, or actions, howsoever arising, including without limitation from Your use of the Website or Your breach of this Agreement, including those claims, demands or actions arising out of contract, tort, negligence, strict liability, or willful harm, or crimes by You, Your employees, contractors or agents.

  2. In no event will Physiofanatic be liable for any damages or losses of any nature, type or kind (even where reasonably foreseen by Physiofanatic), including without limitation any damages for loss or interruption of profits, business, or information, arising out of any use, misuse, or inability to use this Website, the Services, the contents of this Website, or any third party website linked to this Website, or for the interruption, suspension, or termination of access to or the modification or alteration of this Website, the Services, the contents of this Website, or any third party website or link. Notwithstanding the foregoing, should Physiofanatic be found liable to You for any reason, including without limitation in tort, negligence, contract, or strict liability, such liability of Physiofanatic shall be limited to the amount of the total fees paid to Physiofanatic by You during the 3-month period immediately prior to such liability becoming due.

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Termination

  1. The term of this Agreement shall commence upon Your acceptance of this Agreement and/or use of the Website.

  2. This Agreement shall immediately and automatically terminate without further notice or any other action upon:

    1.  Your breach of any term or condition of this Agreement;

    2. The receipt of a notice requesting or informing of termination, at any time by either party given to the other party.

  3. You agree that at any time and for any reason Physiofanatic, in its sole discretion, has the right (but not the obligation) to deactivate Your account, if any, block Your email or IP address, or otherwise terminate Your access to or use of the Website, immediately and without notice, for any reason, including, without limitation, if Physiofanatic believes that You have acted inconsistently with this Agreement, whether literally or in spirit. Further, You agree that Physiofanatic shall not be liable to You or any third party for any termination of Your access to any element of this Website.

  4. Upon termination of this Agreement, You must immediately cease any and all use of the Website and Services, including without limitation any viewing, printing, storing or downloading, and destroy all information, data, files, or any other contents downloaded, printed or otherwise obtained from this Website.

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Assignment

  1. You shall not assign or transfer any interest or obligation under this Agreement, to any third party without the prior written consent of Physiofanatic at its sole discretion, and any permitted assign or transfer shall not relieve You of any obligations under this Agreement. You shall ensure that any of Your assigns and successors comply with the terms and conditions of this Agreement.

  2.  Physiofanatic may, in its sole discretion, assign or otherwise transfer any or all of its rights and obligations in and under this Agreement, and shall be released from the terms and conditions of this Agreement upon such assignment or transfer.

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Communications

  1. Except as explicitly stated otherwise, all notices and communications shall be served on the parties to this Agreement as follows:

    1. To Physiofanatic:  to the email address: info@physiofanatic.com; and

    2. To You:  to the email address or the mailing address You provide to Physiofanatic.

  2. Notice shall be deemed given 12 hours after email is sent or five days after the date of mailing of such notice.

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Miscellaneous

  1. The warranties, covenants and obligations contained in this Agreement shall survive this Agreement.

  2. This Agreement shall be binding upon and enure to the benefit of the parties and their heirs, executors, administrators, receivers, trustees, successors and permitted assigns.

  3.  No previous waiver, failure, or delay to exercise any right, provision or entitlement under this Agreement shall be deemed to constitute a waiver or to affect either party’s right to strict performance of other or future obligations under this Agreement.

  4. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, and supersedes any other prior statements, representations, discussions, negotiations or agreements between the parties, whether written or oral.

  5. This Agreement and all rights and obligations hereunder shall be governed by the laws, rules and regulations of the Province of Alberta and the parties attorn to such forum. All communications, transmissions and transactions associated with the Website and the provision of the Services are deemed to have occurred in Alberta.

  6. In the event that any provision contained in this Agreement is found to be invalid or unenforceable by any competent authority with jurisdiction over the matter, that provision shall to that extent be severed from the remaining terms and conditions of this Agreement which shall continue to be valid and enforceable to the fullest extent as permitted by law.