Terms and Conditions of Use
- This website, www[ ].ie, (the “Site”) is provided by Performance Physiotherapy, having its registered office at 26 South Bank, Crosses Green, Cork (“the Business”, “our”, “we” or “us”).
- The use of the Site is strictly governed by these terms and conditions (the “Terms”). Please read the Terms carefully before using this Site as they contain important information about your rights and obligations. If you have any questions about these Terms please email us at [ ]
- By accessing, viewing and otherwise using the Site you agree that you have read, understood and become bound by the Terms. If you do not wish to be bound by the Terms you may not use the Site.
- We facilitate the booking of appointments with our Business via our Site however bookings remain subject to confirmation and subject to change. Where we are unable to facilitate your booking, we will contact you and offer an alternative time. Any such booking is not a guarantee of availability of the relevant booking time. We reserve the right to vary such bookings accordingly and will contact you if required to do so.
- We will facilitate class booking systems via our Site which is managed by the platform Bookinghawk. Bookings via our Site do not guarantee availability, and where such bookings cannot be facilitated, we will contact you to advise. Bookings remain subject to confirmation and subject to change. We make no representation or warranty regarding availability of classes to you.
- You are responsible for providing the Business with full and accurate information with regard to your health status and fitness. Where you book a class, you do so at your own risk and strictly on the basis that we will rely upon your own guidance in terms of assessment of your ability to carry out the activity.
- Content and information on the Site is for general information purposes only and does not constitute advice or any kind or nature whatsoever. You should not assume that the content on the Site is continuously updated or otherwise contains current and/or accurate information. The Business makes no warranty or representation as to the accuracy of any information or content contained on the Site.
- While every effort has been made to ensure the accuracy of all material and information on this Site, The Business makes no representation or warranty, express or implied, concerning any material, content and information on this Site whatsoever and the site is provided “as is”. We expressly exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever in relation to the viewing, use or performance of this Site or any information provided through this Site.
- This Site including all its contents has been prepared to the best of our knowledge and is subject to change. This Site is only intended as a general guide to our services and our activities. We shall have no liability for any omissions, inaccuracies or errors contained in the site whatsoever.
Any use of the Site that is fraudulent or is in conflict with these Terms shall entitle us to refuse you access to the Site itself, and activities offered and arranged by us.
- We shall not be liable for any indirect or consequential loss, or for any direct or indirect loss of any kind, including loss of profit, data, opportunity or reputation, or any other incidental, punitive, special, exemplary loss or damage howsoever arising from the use of (or failure to use) or reliance on the Site.
- This limit does not apply to any liability we may have for death, personal injury or resulting from any negligent or fraudulent misrepresentation or in any other manner in which we are not permitted to exclude liability under applicable law.
- The disclaimer in this section 3 shall not operate to exclude any term, warranty or liability that may not be excluded under Irish law.
INTELLECTUAL PROPERTY AND MATERIALS
- You agree and acknowledge that all intellectual property including but not limited to, copyright, moral rights, patents, trademarks, trade name, service marks, designs (software or otherwise), data base rights, whether registered or unregistered generally present and future in and relating to the Site (the “Intellectual Property”) belong and shall belong exclusively to us.
- You may not copy, reproduce, distribute, modify, sell, display, exploit or otherwise use any of the Intellectual Property. All trademarks names or logos of third parties are the property of their respective owners and we make no representation or warranty in connection with same. Nothing on this website or contained in these terms shall constitute a licence to use the Intellectual Property. The design of the Site, text, graphics, photographs, content and software thereof are copyright of The Business.
THIRD PARTY LINKS
- The Site may contain links to other websites. We make no warranty or representation regarding any content or use of third party websites. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
- If you decide to access any of third party websites linked to the Site, you do so entirely at your own risk. We make no representation or warranty whatsoever about any other website which you may access through the Site.
- We are not responsible for the availability or content of any third party site and shall not be liable for any loss, or damage arising out of or connection with the use (or non-use) or reliance on such third party sites.
- If you would like to create a link to this Website, you may only do so with our prior written consent.
- We reserve the right to display advertisements on the Site and on your login pages of third party products and/or services which may be of interest to you. Please be aware that the products and services advertised are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services and that you agree to the third party’s terms and conditions before contracting with them. We accept no liability for any products or services or information provided by third party providers.
- These Terms and any non-contractual obligations arising out of or in connection with your use of the Site shall be governed by, and construed in accordance with, the laws of Ireland and the courts of Ireland shall have jurisdiction to settle all disputes that arise out of or in connection with the Terms and your use of the Site.
- We may, at our discretion and without notice, amend the Terms from time to time, the most recent of which will be located on the Site.
- We may, at our discretion and without notice suspend, terminate, modify or vary content available on the Site and restrict access to, and availability of, the Site.
- If the whole or any part of a provision of this Agreement is or becomes illegal, invalid or unenforceable, then the provision so found shall be deemed severable and deleted from them.
- We may, at our discretion assign or transfer any right, title or interest in this Site to any successors in title to our business or to a third party without notice to you.
- We shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
- We will try to make our website available but cannot guarantee that our Site will operate continuously or without interruptions or will be error free and can accept no liability for its unavailability. We give no warranties as to the availability, performance or accessibility of the website.
Dated 7th October 2020