Website Terms of Sale - Online Physiotherapy (B2C)
These Website Terms of Sale - Online Physiotherapy (B2C) are designed for physiotherapists to provide services online for their patients.
There is an attachment to the main body of the terms. Everything that the physiotherapist is able to provide online can be outlined in that attachment. For example, the physiotherapist can provide advice, guidance and information; they can examine, assess, diagnose, triage, or take a case history; they can explain, prescribe or demonstrate exercises and movements, or watch the patient carry out exercises and movements.
Whatever is offered, in every case the services are provided by the physiotherapist through the provision of both online streamed sessions which are live (one way or two way) or recorded (one way) and downloadable background and other materials. All of the services and information is made available in return for a single Subscription payment.
This template provides that, for video streaming, the physiotherapist and the patient will use a cloud-based web conferencing platform (such as Zoom or Physitrack). Most of the provisions specifically relating to use of a video streaming platform are in the attachment. If a platform other than Zoom is to be used, the attachment can easily be adapted as necessary.
The physiotherapist may be a self-employed individual (sole trader), in which case he/she will contract personally on these terms and conditions with the patient. However, where the provider is a company or partnership which engages a physiotherapist to provide the services, it will contract with the patient. In each case the patient will be contracting as a consumer, not as a business patient.
This document provides for the Subscription to cover single or multiple sessions and the accompanying downloadable background and other text/graphics/images.
Each video streamed session may be in any of the following formats:
(a) Live private one-to-one session which only one patient can access. It is “two way” so that the physiotherapist and patient can see, hear and talk to each other. This session can be tailored to the needs of the particular patient;
(b) Pre-recorded physiotherapy session capable of being accessed on demand at any time/s by one or more patients when convenient to each patient. Its nature is such that it is a “one way” event with no communication between patient and physiotherapist;
(c) Live “one way” session (where no patient can communicate with the physiotherapist or any other patient). This can be accessed by one or more patients at the same time. If the live session is also recorded by the physiotherapist, it can then also be made accessible for patients as a session available as outlined at "(b)" above;
(d) Live group session where a number of patients access it at the same time and it is “two way” so that patients can, in real time, see, hear, and be seen and heard by the physiotherapist, and, if the physiotherapist permits, each other. This might lend itself to a lecture or discussion about aspects of physiotherapy rather than treatment of, or discussion about, any of the participants. (The physiotherapist will probably want to limit the number of patients who have access on each occasion to a manageable number if the physiotherapist needs or expects to have substantial interaction with patients in the online session).
This document anticipates that everything that the physiotherapist sells on these terms via its website will be provided online only. No tangible items such as books (or other materials) in paper form, CDs, or DVDs will be supplied on these terms.
Under these Terms of Sale, the patient has to set up an Account before purchasing any sessions. He/she can do so without charge and without committing to purchase any content. He/she can then purchase a Subscription comprising any video sessions and other materials offered on your website.
Each Subscription provides access to a relevant session on a specific date (if live) or during a stated period (if pre-recorded) as well as to the background and other materials. The sessions, dates and periods in each case should be defined on your website in an appropriate place and confirmed in the patient’s order details.
These Terms of Sale guide the patient through the order process, explaining the formation of the contract between you and them for the Subscription, also setting out details about the content and its availability and provision, pricing, payment and licensing.
Particular attention should be given to descriptions when selling content. This should be reflected in the definition of “Paid Content” and elsewhere in these terms and also in the information available on the website or given to a patient before they sign up for a Subscription.
Cancellation rights are addressed in detail in the terms, including the 14-day cooling off period granted to consumers under the 2013 Consumer Contracts Regulations.
Further key provisions deal with liability, patient complaints (with reference to complaints handling policies and procedures, templates for which are also available from Simply-Docs), contact information, and data protection.
This template applies only to the sale of content, leaving the terms governing the use of the website itself to a separate document.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
These Website Terms of Sale - Online Physiotherapy (B2C) contain the following clauses:
Background
1. Definitions and Interpretation
2. Information About Us
3. Contacting Us
4. Age Restrictions and Consumers only
5. Business Patients
6. Subscriptions, Paid Content, Pricing and Availability
7. Orders – How Contracts are Formed
8. Payment for Subscriptions
9. Provision of Paid Content
10. Licence
11. Problems with the Paid Content
12. Cancelling Your Subscription
13. Your Other Rights to End the Contract
14. Our Liability to Consumers
15. Complaints and Feedback
16. How We Use Your Personal Information (Data Protection)
17. Other Important Terms
18. Law and Jurisdiction
Attachment:
1. Physiotherapy
2. Use of [Physitrack][Zoom][Other online service delivery platform] web-conferencing platform to access online physiotherapy
3. The technology that We will be responsible for providing
4. The technology and other items that You will be responsible for providing
5. Scope of what We provide: (1) Technology (2) Equipment etc.
6. Account setup needed
7. Your responsibility for Your Account and its security
8. Your privacy and security on each occasion when You access physiotherapy
9. Fitness, Health and Safety
10. Advising Us about Your Health etc
These Website Terms of Sale - Online Physiotherapy (B2C) are in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
Once you have purchased access to the appropriate document folder click on the “Download Document” link below. You will be asked what you want to do with the file. It is recommended that you save the document to a location of your choice prior to viewing.
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