Definitions

 

Always Fysio  the provider of online physiotherapy Always Fysio, the user of these general terms and conditions

Client             the person or legal entity who has entered into an online agreement with Always Fysio

Service           Always Fysio’s advice which is offered to the Client as a service

Agreement      an agreement between Always Fysio and a Client in respect of the delivery of the Service and any additional services to which these general terms and conditions apply

Terms and conditions              these general terms and conditions of which Always Fysio is the user

Website          the internet site www.alwaysfysio.nl and www.alwaysfysio.com

 

  1. Applicability
    • These Terms and Conditions apply to all offers by, and Agreements with, Always Fysio, to the exclusion of any other general terms and conditions. By accepting an offer or placing an order, the Client accepts these terms and conditions and that they are a part of the Agreement entered into.
    • All rights and liabilities in these Terms and Conditions and in any other agreements will equally be enforceable by intermediaries and other parties acting on behalf of Always Fysio.
    • Deviations from these Terms and Conditions can only be agreed in writing and are only valid insofar as they apply to the specific Agreement to which they are relevant.
    • The applicability of any purchase, or other, terms and conditions of the Client are expressly excluded.
    • Should one or more provisions in these Terms and Conditions be or become wholly or partially null and void at any time, the rest of the provisions shall remain entirely applicable. Always Fysio and the Client will then consult with each other to agree a new provision to replace that which is null and void, taking the purpose and purport of the original provision into account as far as that is possible.
    • Should the Terms and Conditions and the Agreement contain provisions which conflict with each other, the provisions in the Agreement shall prevail.
    • The permission, tacit or otherwise, by Always Fysio of deviations from these Terms & Conditions shall in no way impair its right to demand the immediate and strict compliance with these Terms and Conditions. The Client cannot make any claim to any right on the grounds that Always Fysio has previously been flexible in its application of these Term and Conditions.

 

  1. Offers/Agreements
  • All quotations and/or offers made by Always Fysio are without obligation unless otherwise stated.
  • All the periods of time stated on the Website are indicative. No rights may be derived from them whatsoever.
  • The Client accepts the Terms and Conditions with the start of the implementation of the Agreement by his/her use of the Service.
  • Always Fysio is authorised to make use of third parties in the implementation of the Agreement.

 

  1. Performance of the Service
  • The Service consists of online advice about physiotherapeutic treatments and is provided in two ways:
  1. The Client can fill in a questionnaire online which is subsequently assessed by an Always Fysio physiotherapist. A putative diagnosis is made based on the questionnaire. With this diagnosis Client can treat his complaint trough the website. If the complaint of Client isn’t available on the website Always Fysio will sent Client the necessary information for Clients treatment.
  • Always Fysio advises the Client based on the information that the Client provides.
  • Always Fysio reserves the right to refuse the provision of the Service should it appear in its opinion that it would be irresponsible to do otherwise.
  • A Client can always order a Service from Always Fysio if he/she is 18 years or older. Express written permission from a parent or guardian is required for a Client younger than 18 years.
  • Due to the fact that the Service is provided via the internet, the Client him/herself is responsible for the timely provision of the necessary facilities such as the selection, acquisition, installation and configuration of suitable telecommunication provisions, software and programming (such as obligatory browsers), equipment and infrastructure in order to make use of the Service. Always Fysio is not responsible for the costs which such facilities bring with them, such as purchase, use and data consumption.

 

  1. Prices and payment
    • Unless otherwise agreed, Always Fysio’s normal rates are applicable to the Agreement between it and the Client.
    • The Client is obliged to pay the Always Fysio’s invoices by means of the payment methods given and within the stipulated period of time.
    • If the period for payment is exceeded, the Client will have defaulted from the day that the payment should have been made and interest of 1% per month or a part of the month will be applied to the outstanding amount. The client shall be liable for the costs of any debt collection should Always Fysio instruct them and these costs will be calculated in accordance with the legislation regarding debt collection costs. Should the Client be in default with regards to any payment, Always Fysio has the right to stop (the performance of), or dissolve, the Agreement and any other related agreements.

 

  1. Duration of the Agreement
  • The Agreement shall apply for the period of time given in the Agreement.
  • Outside of any provisions elsewhere in the Agreement, parties have the right to end the agreement with immediate effect without any demand, proof of default or judicial intervention, by means of a letter sent by recorded delivery if (i) the other party has requested, or has been granted, a suspension of payment; (ii) is the subject of a petition of bankruptcy or has been declared bankrupt; (iii) is subject to a personal debt repayment scheme; (iv) the business of the other party goes into liquidation or stops other than in the course of a fusion of businesses; (v) a significant part of the capital of the other party or infrastructure and/or computer software involved in the implementation of the Agreement is seized, or the other party is no longer regarded as being able to fulfil the obligations under the Agreement.
  • All rights which the Client had acquired in respect of the use of the Service expire with the cessation of the Agreement.
  • Unless otherwise stated, obligations which are intended by virtue of their nature to continue after the cessation of the Agreement, shall indeed continue. The cessation of the Agreement emphatically does not release parties from the provisions with regards to confidentiality, liability, copyright, applicable law and choice of forum.

 

  1. Always Fysio’s and Client’s Obligations
  • Always Fysio cannot guarantee that the Client will benefit from the provision of the Service. Always Fysio’s treatment is not intended to replace normal medical or para medical care. The Client should immediately seek the advice of a doctor, dentist or specialist should pain or other complaints get worse or if he/she has questions.
  • Always Fysio works with physiotherapists who are registered in the BIG (professions in individual healthcare). They are subject to the legislation regarding the medical treatment contract.
  • The Client is obliged to follow all instructions from Always Fysio with regards to the Service and to provide it with full and accurate information.

 

  1. Communication
    • The Client and Always Fysio expressly agree that a valid Agreement comes into being by making use of electronic forms of communication. In particular, that the lack of a normal signature does nothing to diminish the binding nature of the offer and its acceptation. Always Fysio’s electronic files shall, insofar as the law permits, be regarded as a presupposition of proof.
    • Always Fysio shall not be liable for misunderstandings, distortions, delays or the incomplete receipt of orders or messages as a consequence of the use of the internet or any other means of communication between the Client and Always Fysio, or between Always Fysio and other parties insofar as they are relevant in the relationship between the Client and Always Fysio, unless there is an issue of intent or gross negligence on the part of Always Fysio.
    • Always Fysio shall correspond with the Client by means of e-mail to the e-mail address given by the Client and is not obliged to make use of other means of communication in the normal course of business.

 

  1. Force Majeure
  • Without prejudicing it or other existing rights, Always Fysio has the right to stop the provision of the order or to dissolve the Agreement without further judicial intervention should there be a case of force majeure. The Client shall be informed in writing in such a case. Always Fysio shall not be obliged to pay any compensation should this situation arise unless it is unacceptable by normal standards of reasonableness and fairness.
  • As well as what it means in law and jurisprudence, the term force majeure in these Terms and Condition means all foreseen or unforeseen external circumstances and causes over which Always Fysio has no power and which prevent Always Fysio from fulfilling its obligations. Force majeure also means all interruptions to a network, telecommunications or otherwise, or connections or communication systems used, and/or the unavailability at any time of the Website.
  • Parties may suspend the obligations arising out of the Terms and Conditions during the period of the force majeure. Either of the parties shall have the right to dissolve this Agreement without any obligation to compensate the other, should the period last for more than two months.
  • Always Fysio has the right to invoice separately for the obligations in the Terms and Conditions that it has, or shall, fulfil during the period of force majeure if those fulfilled obligations have value in themselves. The Client is obliged to pay this invoice as if it were as a consequence of a separate agreement.

 

  1. Liability
  • Always Fysio will always work to the best of its ability and apply the care which can be expected from it. Should there be a mistake because Always Fysio has supplied incorrect or incomplete information, Always Fysio shall not be subject to any liability.
  • The results of the application and use of the studies carried out by Always Fysio and the advice it provides depend on various factors which are outside of Always Fysio’s power. Although Always Fysio provides its Service to the best of its knowledge and ability, and carries it out to the standards demanded by proper professional practice, it cannot provide any guarantees with regards to the results of those studies and advice.
  • Should it appear that Always Fysio has fallen short in fulfilling its obligations, it can only be held liable if there is an issue of intent or gross negligence. This liability is limited to direct loss or damage and the amount that the Client pays for treatment for a maximum of one year.
  • Always Fysio is not liable for any kind of loss or damage of third parties arising out of the behaviour or actions of the Client. The Client indemnifies Always Fysio against claims from other parties in this respect.
  • Always Fysio is not liable for any loss or damage arising out of the use, or the inability to use, the Service or programmes of which Always Fysio makes use. Consequential loss includes losses caused by incorrect, incomplete or unsuitable information or damage or loss as a consequence of viruses.
  • Always Fysio is not liable for damage or loss arising from the use of electronic means of communication used to gain access to the Website. This includes damage to the hardware and/or software of electronic means of communication, damage or loss as a consequence of the non-delivery or delay of electronic messages or misuse of said messages by other parties, or by software/equipment.
  • Always Fysio is not liable for any damage or losses whatsoever caused by the incompleteness or incorrectness of the information on, or the use of, its Website, nor during the treatment, nor as a consequence of changes to that information.
  • Always Fysio does its upmost to ensure that the information on its Website is accurate and up to date. However, Always Fysio is not liable for incorrect or altered information and any form of direct, consequential or incidental loss or damage that arises from the use of, or inability to use, this Website.
  • The liability of Always Fysio is in any case limited to the amount insured by its commercial liability insurer for such cases.
  • Always Fysio shall not in any case be liable for any form of consequential loss or damage, including business losses, even if Always Fysio has been made aware of the possibility of such consequential loss.
  • The limitation of liability as provided for in this section also applies to employees and all other persons who act on behalf of Always Fysio to ensure the implementation of the Agreement.
  • It is possible that Always Fysio will include links to other internet sites on its Website, which may be of interest or informative for the visitor. Such links are, however, purely informative. Always Fysio is not responsible for the content of the internet site which is referred to nor for the use to which it can be put.
  • All liability of Always Fysio lapses after one year, calculated from the moment the damage or loss arises.

 

  1. Personal use

All content on the Website and the advice provided in compliance with the Service are intended for personal use. This content has been developed and compiled with care. Always Fysio endeavours to provide the most accurate and complete information possible on this Website. No rights can be derived from this content, however.

 

  1. Personal details
  • Personal details are stored in Always Fysio’s client system in order to provide the Service.
  • The Client always has the right to ask Always Fysio what details about him/her are stored in the database and to change them as necessary. Always Fysio cannot guarantee the security of the Client’s personal details if they are sent via the internet given that there is the possibility that these personal details can be intercepted. Always Fysio cannot be held liable in any way whatsoever for this.
  • If the Client registers on Always Fysio’s Website, then he/she is obliged to provide the correct information.
  • If the Client gives permission for processing his/her details to make it easier to process new orders and to hear about offers and other commercial messages which Always Fysio considers of interest to the Client, these details will be stored in a central file of Always Fysio and shall be used for the purposes mentioned. Only Always Fysio can send e-mails to the Client in the context of promotional activities, insofar as the Client has given permission. The Client can always withdraw his/her permission or registration for, for example, the newsletter at any time. Cancellation online is possible via e-mail.

 

  1. Confidentiality and complaints
  • Always Fysio will always treat the Client’s details as confidential.
  • Always Fysio has a duty of non-disclosure as a consequence of the WGBO. Always Fysio is not permitted to share personal details and details which concern treatment with other parties without the Client’s permission.
  • Always Fysio may be compelled by the authorities to reveal details to other parties without the Client’s permission, however, if there is a serious enough reason which outweighs the duty of non-disclosure.
  • Complaints about the implementation of the Agreement should be submitted to Always Fysio by e-mail with a clear explanation. Always Fysio shall endeavour to arrive at a reasonable solution with the Client.
  • Complaints submitted to Always Fysio will be replied to within fourteen (14) days of receipt. If a complaint demands a longer period of time, Always Fysio will respond within fourteen (14) days with a confirmation of receipt and an indication of when the Client can expect a more comprehensive reply.

 

  1. Dutch Law and competent judge
    • Every Agreement entered into by Always Fysio is exclusively subject to Dutch law.
    • All differences between Always Fysio and the Client which may arise and which cannot be resolved by mutual agreement shall be laid before stichting DigiTrage, based in Utrecht.
    • The above mentioned provisions are also applicable if the Agreement is wholly of partially implemented abroad or if the party involved in the legal relationship claims residency abroad. The application of any provision of the Vienna Convention on the International Sale of Goods is expressly excluded.

 

  1. Location and changes to the Terms and Conditions
  • These Terms and Conditions have been deposited at the Chamber of Commerce in the Netherlands under number 63624702 and will be sent at no charge by Always Fysio on request. These Terms and Conditions can also be downloaded from the Website.
  • The last version to be deposited and/or the version that was applicable at the time the Agreement was entered into shall be the version that is applicable.
  • The interpretation of the Dutch version of these Terms and Conditions shall be determinative.

 

  1. Always Fysio’s Identity

Always Fysio, located at Dille 14, Nijverdal, The Netherlands, is run by a sole trader and is registered at the Chamber of Commerce in The Netherlands under number 63624702.