ExPhysEm - Terms and Conditions

Our terms

1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you.
1.2 Why you should read them. Please read these terms carefully before you book an appointment with us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us
2.1 Who we are. We are ExPhysEm a limited liability company incorporated in England and Wales.
2.2 How to contact us. You can contact us by writing to us at exphysem@outlook.com.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your booking. We will accept each booking in accordance with the booking procedures on our website at https://www.exphysem.com/contact, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your booking, we will inform you of this at the time of booking and you will not be charged for the booking.

4. Your rights to make changes
4.1 If you wish to make a change to a booking, please contact us. We will let you know if the change is possible. If you cancel and give us less than 24 hours' notice, we are entitled to charge you 100% of the fee for the booking that has been cancelled. Should you give us more than 24hrs notice, the booking fee will be refunded in full within 5-10 working days.

5. Our rights to make changes
5.1 We may need occasionally to cancel a booking and if so we will give you as much notice as possible.

6. Providing the services
6.1 When we will provide the services. We will supply the services to you at the booking time. Each time given is UK time and it is your responsibility to ensure that you make yourself available at the correct time. We do not refund where, through no fault of us, you do not attend a booking.
6.2 We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but will arrange a later booking as soon as practicable.
6.3 What will happen if you do not provide required information to us. We will need certain information from you so that we can provide the services to you, including a completed Intake Form at . If you do not provide a properly completed Intake Form at least us 24 hours before the time of the first booking, we may not be able to provide all of the services that we usually provide in the course of the first booking.
6.4 We may refuse to accept subsequent bookings if you do not pay on time. If you do not pay us for the services when you are supposed to (see clause 7.2) and you still do not make payment within 3 days of us reminding you that payment is due, we may refuse to accept further bookings until you have paid us the outstanding amounts.

7. Price and payment
7.1 Where to find the price for the services. The price of the services (which includes VAT, where applicable) will be the applicable price on our website as confirmed during the booking process.
7.2 When you must pay and how you must pay. You must pay, using one of the methods detailed on our website, within 24 hours of completion of a booking.
7.3 We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 7.2) we may charge interest to you on the overdue amount at the rate of 2% a year above our bank's base lending rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.

8. Our responsibility for loss or damage suffered by you
8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the services.
8.3 You do have responsibility around our advice. We always use reasonable care and skill in the provision of our services and base our advice on up-to-date research. However, you are responsible for the ways in which you apply our advice and for obtaining appropriate medical and other advice.
8.4 We are not liable for business losses. We only supply the services for personal use. If you use the services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9. How we may use your personal information
9.1 How we will use your personal information. We will use the personal information you provide to us to:
(a) provide the services;
(b) process your payment for such services,
and you can find more information in our privacy policy at https://www.exphysem.com/privacy-policy.
9.2 We will only give your personal information to third parties where the law either requires or allows us to do so or where we believe it appropriate on the basis that there is a risk to you or to others. In addition, we may ask for your consent to discuss your health with named health professionals.

10. Documentation and reviews
10.1 We only provide an exercise programme where you request one. You are responsible for checking with your GP / medical specialist that you are safe to exercise
10.2 You are also responsible for the ways in which you use the exercise programme and for ensuring that you minimise the risk of symptom exacerbation
10.3 Any documentation provided by us to you is for your use only. It is owned by us and must not be shared and/or sold to anyone else.
10.4 We may ask you to provide a review and/or testimonial in relation to our services and wherever reasonable you agree to do so. Your full name will not be published with any review or testimonial provided by you.

11. Other important terms
11.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
11.4 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us by email at exphysem@outlook.com.
11.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

12. Social Media Disclaimer
12.1 The information posted on the ExPhysEm social media platforms is not intended to be medical advice and should not be considered medical advice, nor is it intended to replace consultation with a qualified physician or other health care provider.
12.2 All links to third party websites from the ExPhysEm social media platforms are provided as information and a service to readers, but such linkage does not constitute endorsement of those sites, and as such ExPhysEm is not responsible for the content of external web sites.
12.3 We encourage audience participation and discussion on our social media platforms, but we reserve the right to review/edit/delete inappropriate comments. This includes, but are not limited to, comments that are abusive, hurtful and/or disrespectful, as well as foul language, personal attacks, and defamatory statements toward any participant on our social media platforms.
12.4 By engaging with ExPhysEm on social media platforms, you recognize that all information posted on such sites is available to the public, and we suggest that you exercise caution when posting medical or other private information on any social media sites.

13. Educational and informational purposes only
13. 1 The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. ​
13. 2 The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.