PhysioNow Terms of Service
1 – Introduction
1. These Terms of Service apply to the use of PhysioNow powered by Ascenti (as defined below). By using the Service, you agree to the Terms of Service and enter into an agreement with Ascenti (hereinafter “Agreement”). If you do not wish to agree to the Terms of Service, you cannot use the Service.
2. We advise you to read these Terms of Service carefully so that you are aware of your rights and responsibilities when using the PhysioNow Service. Questions about the Terms of Service should be sent to PhysioNow@ascenti.co.uk.
2 – General
1. These Terms of Service apply, to the exclusion of your terms and conditions, to all agreements between you and Ascenti and every use made of the Service via your Account.
2. Ascenti reserves the right to amend or supplement these Terms of Service at any time by posting an updated set of terms and conditions. The amended or supplemented Terms of Service will be brought to your attention by email to the address registered with your Account before the date on which such updated terms and conditions are due to come into effect. If you continue to use the Service after that date, you irrevocably accept the amended or supplemented Terms of Service. If you do not agree to the amended or supplemented Terms of Service, your only option is to terminate the Agreement in accordance with article 6 below.
3. Any additions to and/or deviations from these Terms of Service whether on a temporary or permanent basis are only valid when confirmed in writing by Ascenti acting by an authorised officer such as a director or senior manager.
3 – Service and availability
1. PhysioNow (hereinafter “Platform”) enables Ascenti to manage home exercise programs for their patients, including management of the patients’ compliance with the exercise program. To obtain access to the Service, you must have a registered account (hereinafter “Account”).
2. Subject to your full and continued compliance with all obligations pursuant to these Terms of Service, Ascenti grants you a limited, personal, revocable, non-exclusive, non-sub-licensable and non-transferable right to use the Service, including the Platform for the above purposes (but not further or otherwise).
3. Ascenti will make reasonable efforts to provide the Service with due care. You accept that the Service, including the Platform, only contains the functionalities and other characteristics as described in the current documentation as set out at the moment of your use (“as is” and “as available”). Each and every use of the Service is at your own risk and responsibility. Ascenti does not warrant that the provision of the Service will be uninterrupted or error-free and Ascenti does not accept responsibility for any part of the service provision infrastructure (including without limitation the internet) which is outside its reasonable control.
4. Ascenti is at all times entitled, without in any way becoming liable to you:
- to make procedural and technical alterations and/or improvements to the Platform and/or the Service; and
- to temporarily discontinue or limit the Service or your Account if, in its view, this is necessary, for example for purposes of preventive, corrective or adaptive maintenance. Ascenti will notify you of the temporary unavailability or restricted use of the Service insofar and as soon as reasonably possible.
4 – Account
1. To use the Service, you must access your Account by following the registration process on the welcome email.
2. You may download from the Service your exercise programs and account details strictly for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
5 – Privacy
2. Ascenti agree to keep personal data received for the purpose of PhysioNow strictly confidential and to implement appropriate technical and organisational measures to protect personal data against any form of unlawful and/or unauthorised personal data processing.
6 – Term and termination
1. You agree that your use of the Service is for a definite period of time, this being the duration of your treatment with Ascenti and a set period thereafter, as defined by Ascenti. After this period has lapsed, your right to access to use the Service will be terminated.
2. You can terminate your access to the Service at any time by emailing PhysioNow@ascenti.co.uk. Your account will be closed within 10 working days of your request.
3. Ascenti may discontinue provision of the service at any time. Ascenti will notify you of this as soon as is reasonably possible.
4. Upon termination of your account you will not be able to access the service or any previously assigned exercise programs.
7 – Information on the service
1. All exercises available on the Service are demonstrations only. Ascenti will ensure that any exercises and exercise programs created for a patient are appropriate for that patient.
2. All information contained on the Platform and through the Service is for personal use only and may not be sold, redistributed or used for any commercial purpose.
3. If you feel discomfort or pain, you should immediately stop the activity causing such discomfort or pain and contact Ascenti or an ambulance in the case of a medical emergency. By using the Service, you represent that you have fully informed Ascenti of your medical history and existing condition and have received their consent to participate (and continue to participate) in the programs and exercises available to you on the Service.
4. The Service may from time to time contain links to internet sites maintained by third parties. Such links shall be provided for your convenience and are not under Ascenti’s control. Ascenti is not responsible for the contents (including the accuracy, completeness or suitability for your intended use) of any linked site or any link contained in a linked site. Ascenti does not endorse any information on linked sites or any associated organisation, product or services.
8 – Warranties and indemnifications
1. Ascenti does not guarantee: - that the Service shall be available to you at all times and without interruptions, faults or disturbances; - that the Service shall be effective or the use of the Service shall lead to certain results; or - that the information provided through the Service shall be accurate, up to date and complete.
2. Ascenti is not responsible for: - the purchase and/or the proper operation of your infrastructure; - loss, damage, inaccuracy and/or incompleteness of any Content; - transmission errors, malfunctions or non-availability of any computer, data or telecom facilities, including the internet; - any unauthorized use or attempted use of the Service.
9 – Miscellaneous
1. These Terms of Service and the use of the Service are governed by English law.
Last updated in March 2019.