You expressly acknowledge and agree that use of the Website and the Service by you (be you a HCP, Patient or other user), your servants, agents, employees, invitees, and any person who accesses and/or uses the Website and/or Service with your authorisation or under your control, is at your sole risk.
We do not directly or indirectly practice physical therapy, medicine or any associated paramedical discipline, nor dispense physical therapy, medical or any associated paramedical services, nor exercise any clinical judgment and we assume no liability for the Service and/or Content.
You assume full responsibility for the appropriate use of information contained in the Website, the Service and Content and agrees to hold us, and its third party providers, harmless from any and all claims or actions arising from your use of the Website, the Service or the Content.
In no event will we or our suppliers have any liability (directly or indirectly) for any incidental, special, indirect, consequential or punitive damages; for loss of profits, use, revenue, or data; or for business interruption. In addition, our liability and that of our suppliers arising out of or relating to the Website, the Service or any Content will not exceed the amount paid or payable by licensee for such Service and/or Content, respectively. Also, you agree that the licence, subscription and services fees and other fees charged by us and paid by you are based on and reflective of the allocation of risk contemplated by this section (limitation of liability) and that the liability limitations in this section (limitations of liability) are an essential element of the agreement between the parties.
The Website, Service and Content is provided on an “as is” basis only and nothing in these terms and conditions shall entitle or permit you to rely on the Website, the Service or any Content to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We will not be liable in any manner whatsoever for the results obtained through use of the Website, Service and/or Content. We hereby disclaim all liability and responsibility arising from any reliance placed on the Website, the Service or on such Content by you and any user of the Service or Website, or by anyone who may be informed of the Content. We accept no responsibility for keeping the Website, Service or Content up to date or complete or any liability for any failure to do so. We provide the Content without any guarantees, conditions or warranties as to its accuracy, suitability or fitness for purpose.
To the extent permitted by law, we expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website, Service or Content or in connection with the use, inability to use, or results of the use of the Website, Service or Content, any product or application incorporating the Content including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Without prejudice to the generality of the foregoing we shall not be liable in any manner whatsoever for the results obtained through use of the Content or the Website or Service. You and persons using the Website, Service or Content are responsible for the supervision, management, and control of the use of the Website, Service and of the Content by all persons and the results of using the Service and Content. This responsibility includes, without limitation, the determination of whether or not the Content is applicable for a certain use and the responsibility to use the Content and Application under medical practitioner’s or physical therapist’s supervision and prescription.
You agree to indemnify us and defend and hold us and our servants and agents from and against any and all third party claims, liabilities, damages, losses or expenses (including proper legal fees and costs) arising out of, based upon or in connection with your use of the Website , Service and/or Content or any person or persons using the Website, Service and/or Content under your supervision or control including without prejudice to the generality of the foregoing, your patients.
Nothing in these terms and conditions shall exclude or limit our liability in relation to any damages arising from death or personal injury caused by our negligence or for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.