Terms and Conditions

Please read the following terms carefully before using our platform.   

If you agree with these terms, indicated by clicking ‘I agree’ checkbox.  

If you do not agree to the terms and conditions you will not be able to use the platform. 

Welcome to the Easy Physio platform.  This platform enables Users to input information about their back pain symptoms, via a self-questionnaire and a self-home practical assessment, from which, the user will receive exercise suggestions based on the user’s answers and practical assessment results. You can use the Easy Physio Platform to track your progress via completing a reassessment of the self-practical assessment, where the user’s exercise schedule will update relative to their self-assessment score, and back pain symptoms. 

The Easy Physio platform does not provide medical advice.  The information and advice given by Easy Physio via the platform and website are for information purposes only and are not intended to substitute for professional medical advice, medical diagnosis or medical treatment. You should always consult with your Doctor or other qualified medical profession regarding questions you have about any medical condition before making a health care decision. 

If you think that you have a medical emergency, call your doctor or the emergency services (999) immediately.  Never delay in seeking professional medical advice or disregard such advice because something you have read on the Easy Physio platform or website.

The Easy Physio platform is not suitable specific individuals, including

  • If you have been referred to a specialist, if you are currently seeing a specialist, or if you have seen a specialist in the past in connection with your condition, you should not use Easy Physio Platform.
  • If you have been recommended for surgery, if you are scheduled for surgery, or if you have had surgery in the past about your condition in connection with your condition, you should not use the Easy Physio Platform.

RELIANCE ON ANY INFORMATION OR OTHER CONTENT AVAILABLE ON OR THROUGH THE PLATFORM OR WEBSITE PROVIDED BY EASY PHYSIO IS SOLELY AT YOUR OWN RISK.

 

About the Terms

Key Terms
As used in these Terms of Use:

  • "Easy Physio" "we," or "us" refer to Easy Physio and our, directors, employees, and Team of Experts.
  • "Content" refers to any and all information, videos, text, photos and other content provided or made available through the Easy Physio platform and website, and including information, videos, text, photos and other content relating to assessments, exercises and physical conditions. 
  • "Platform" refers, collectively, to the Content made available to the User by Easy Physio, including any related services and promotions, and any software and technology used to provide any of the previous.
  • "Users" means any and all persons that access or use the Easy Physio Platform or Website References to "access" and/or "use" of the Platform (and any variations thereof) include the acts of accessing or browsing the Website, and accessing or using the Content.
  • "Website" refers to any website owned or operated by Easy Physio, including the current website (www.easyphysio.com).  References to the "Website" include any and all features, functionality, tools and content available on or through each such website.

 

Platform Rules and Supplemental Terms

Your access to and use of the Easy Physio Platform and Content is governed by the terms and conditions of these Terms of Use, our Privacy Policy, currently located at PRIVATE POLICY NEEDED, any and all other policies and rules referenced herein, posted on the Platform, or otherwise communicated to Users (the "Platform Rules").

Please read these terms of use, Easy Physio private policy, platform rules carefully, as they contain terms and conditions that impact your rights and obligations in connection with your use of the Easy Physio platform and content, including the below

  • YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS;
  • LIMITATIONS OF OUR LIABILITY TO YOU; AND
  • A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE PLATFORM AND CONTENT IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS.

 

Amendment of Terms

Easy Physio reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively "amend" or "update"). If we choose to amend the Terms, we will update the "Last Updated" date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. By continuing to use the Platform or Content after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms. If the amended Terms are not acceptable to you, your only recourse is to stop using the Easy Physio Platform.

Consequences of Non-Compliance

Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Platform, and may subject you to civil and criminal penalties.

International Users

The Platform is operated within the United Kingdom, and is not intended for use outside of the United Kingdom. You are hereby prohibited from accessing or using the Platform from any territory where the Content, Website, or any of the features, functionality, tools, content thereof, is illegal. If you access the Platform from a location outside the United Kingdom, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.

Modifications and Updates to the Platform and Content

Easy Physio reserves the right, in its sole discretion, to modify or discontinue offering the Platform and/or Content, in whole or in part, including any Website or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you.

We may from time to time develop and provide updates for the Easy Physio Platform, which may include upgrades, bug fixes, patches and other error corrections and/or new features, functionality, tools or content (collectively, "Updates"). Updates may also modify or delete features, functionality, tools or content in their entirety.  All Updates will be deemed part of the Platform and be subject to all terms and conditions of the Terms.

 

You agree that Easy Physio has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.

 

Accounts

Account Registration

Before you are able to use any of the Content, you will be required to register for a user account via the Easy Physio Website.

You may not register for an account:

  • if you are not able to form legally binding contracts (for example, if you are under the age of 18);
  • if you are a person barred from receiving entering into contracts under the laws of the United Kingdom or other applicable jurisdiction;
  • on behalf of any other person; or
  • on behalf of any company or other entity.

No person may have more than one active account at any given time.

Account Set-Up

You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date. Please note that the name and contact information that you submit when you register may be used and shared with our payment processing services provider and otherwise used in accordance with our Privacy Policy.

When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Easy Physio account or any other account that you may connect to your Easy Physio account. 

 

You agree not to disclose your username or password to any third party, and you agree to notify Easy Physio immediately of any unauthorized use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. Easy Physio cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Account Suspension and Cancellation

Easy Physio reserve the right to cancel accounts of Users who fail to comply with the Terms, including failure to pay fees when due as set forth in the "Fees and Payment Terms" and failure to comply with the terms and conditions regarding User conduct, as set forth in the "General User Conduct".

 

Fees and Payment Terms

Subscriptions

You agree to pay the monthly subscription fee(s) at the rates in effect when the charges are incurred, including any applicable taxes. Any change in the subscription fee(s) will go into effect for the next billing period after we provide notice of the change.

YOU ARE RESPONSIBLE FOR PROVIDING EASY PHYSIO WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS AND FOR THE TIMELY PAYMENT OF ALL FEES. Easy Physio will automatically charge the credit card or payment account associated with your account at the beginning of the billing period, and billing will recur automatically at monthly intervals until you change or terminate your account. If you want to designate a different credit card or payment account, or if there is a change in your credit card or payment account status, you must change your information in your account; this may temporarily disrupt your access to your account while Kaia verifies your new payment information. Any change in the chosen payment method will go into effect for the next billing period.

If Easy Physio is unable to successfully charge your credit card or payment account for fees due, we reserve the right to revoke or restrict access to your account or terminate your account. If you terminate your account for any reason or if we terminate your account due to your breach, such termination will be effective immediately, and you will not receive a refund for any amounts you already paid for that billing period. Further, you agree to reimburse us for any collection costs and interest for any overdue amounts.

 

We may contact you via email regarding your account, for reasons including, without limitation, a problem with your credit card or payment account.

 

No refunds

Unless we state in writing otherwise, all fees and charges are non-refundable.

 

User Conduct Guidelines

Users may not:

  • Access, copy, store or use any aspect of the Platform or Content for any purpose other than your own personal use. 
  • Prepare derivative works from the Platform or Content.
  • Share your user ID or transfer your account to any person without our consent.
  • Distribute, disclose, publish, sell, rent or otherwise expose any aspect of the Platform or Content to any third party, except your Doctor or other qualified health care provider, for any purpose except your own personal treatment, or permit your Doctor or other health care provider to access, copy, store or use any aspect of the Platform or Content for any other purpose.
  • Circumvent our systems, policies, determinations as to your account status, including by attempting to access or use the Platform or Content if your account has been suspended or cancelled or you have otherwise been temporarily or permanently prohibited or blocked from using the Platform;
  • Access, search, collect information from, or otherwise interact with the Platform or Content whether by manual methods or by use of any software, device, script or robot, or by any other means (automated or otherwise), including by "scraping," "crawling" or "spidering" the Platform, to systematically retrieve Content in order to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database. 
  • Access the Platform or Content other than through the currently available, published interfaces that are provided by Easy Physio, unless you have been specifically authorized to do so in a separate agreement with Easy Physio.
  • Mirror or frame any page, feature, functionality, tool or content the Platform or Content, copy any aspect of the Platform or Platform, or use or display Easy Physio’s name or any of Easy Physio’s other trademarks, logos or proprietary materials, without Easy Physio’s express written consent.
  • Interfere with, disrupt, damage or compromise the Platform or our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Platform or Content or otherwise imposing an unreasonable or disproportionately large load on the Platform.
  • Access, tamper with or use non-public areas of any of the Platform, Easy Physio’s computer systems, or the technical delivery systems of easy Physio’s providers.
  • Probe, scan, or test the vulnerability of any system or network of Easy Physio or its providers, or breach or circumvent any security or authentication measures of such system or network.
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Easy Physio or any of Easy Physio's providers or any other third party to protect the Platform.
  • Forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Platform or Content to send altered, deceptive or false source-identifying information.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Platform.
  • Export or re-export the Platform, except in compliance with the export control laws and regulations of any relevant jurisdictions. 
  • Otherwise abuse the Platform or breach the Terms; or
  • Attempt to do any of the foregoing, or advocate, encourage, assist or permit any third party to do any of the foregoing.

 

User Cooperation

You agree to cooperate with and assist Easy Physio or its representative in good faith, in any such investigations, including by providing us with such information as we may reasonably request.

Account Suspension and Cancellation

We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your account in response to a suspected breach of the Terms, and take technical and legal steps to prevent you from using our Platform and Content. If Easy Physio has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Easy Physio’s reasonable satisfaction. 

 

Once your account is terminated, Easy Physio will have the right, but not the obligation to delete any or all of the information and content submitted, uploaded or otherwise provided by you.

Policy Enforcement

When an issue arises, we reserve the right to consider such User's performance history and the specific circumstances in applying our policies, and to determine how strictly to enforce such policies in an effort to achieve a fair outcome for all parties involved.

 

Intellectual Property Rights and Licences

The Platform

The Platform and Content, including any and all Websites and all features, functionality, tools and content thereof, is protected by copyright, trademark, patent and other laws of the United Kingdom and foreign countries. You acknowledge and agree that the Platform and Content, and all intellectual property rights therein are the exclusive property of Easy Physio. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Platform or Content.

Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Easy Physio are the property of Easy Physio, and that you are not permitted to use the Easy Physio Marks without our prior written consent.

Subject to your compliance with the Terms, Easy Physio grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Platform and the Content, including the right to download for your own personal use only, and not for use for any business purpose or commercial activity. This license is granted for the sole purpose of enabling you to personally use the Content as provided by Easy Physio in the manner permitted by the Terms.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Platform or Content in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of Easy Physio or the intellectual property owner, as applicable.

 

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Easy Physio, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.

 

Feedback

Easy Physio welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Platform.  You may submit Feedback by e-mailing us info@easyphysio.com.  You acknowledge and agree that all Feedback you give us,

  • will be treated as non-confidential
  • will be the sole and exclusive property of Easy Physio.

Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Easy Physio for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to Easy Physio all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

 

No Endorsements

Links to Third Party Websites and Services

Easy Physio does not recommend or endorse any tests, Doctors or other health care providers, products or procedures that may be referenced, discussed or advertised on the Platform.

The Platform may provide links to third-party websites, resources or services. You acknowledge and agree that Easy Physio is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by Easy Physio of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.

Easy Physio will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.

 

Warranties, Disclaimers, Limitation of Liability and Indemnification

Warranties by Users

You represent and warrant to Easy Physio that:

  • you have the power and authority to accept and agree to the Terms,
  • you own or control all of the rights necessary to provide the information that you provide and to grant the rights and licenses granted herein,
  • the exercise by Easy Physio of the rights granted by you hereunder will not cause Easy Physio to violate any applicable laws, rules or regulations, to infringe the rights of any third party, and
  • all account information provided by you will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.

 

 

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PLATFORM AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, EASY PHYSIO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE PLATFORM OR CONTENT, OR THAT USE OF THE PLATFORM OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.

Limitation of Liability

  • You acknowledge and agree that to the maximum extent not prohibited by law
  • information and other content provided on or through this platform does not constitute medical practice or advice, nor, is it intended to replace the necessary of consultation with a Doctor or other qualified medical profession.  
  • The entire risk arising our of or relating to your use of the Easy Physio platform, and its content, including the Website, remains with you. 
  • Without limiting the foregoing, Easy Physio disclaims any and all liability related to (a) your use of or inability to use the platform or content, (b) the acts or omissions of any person(s) with whom you may communicate or interact as a result of your use of the platform or content, and (c) any content accessed or viewed in connection with the use of the platform or content. 
  • You acknowledge and agree that accessing and using the platform and content, viewing the content is done at your own discretion and risk, and you hereby release Easy Physio and waive any and all claims and causes of action with respect to any damages caused by any of the foregoing. 
  • In no event will Easy Physio be liable for any indirect or direct, incidental, special, exemplary, punitive or consequential damages of any kind, or damages for lost revenues or profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, or for any damages for personal or bodily injury, including emotional distress arising out of or in connection with any of the foregoing, whether based warranty, contract, tort (including negligence) or any other legal theory, and whether or not Easy Physio has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EASY PHYSIO AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

Exclusions

NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME LAWS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY.

 

Indemnification

To the maximum extent not prohibited by applicable law, you agree to release, indemnify, and hold Easy Physio its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively "indemnify" or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (a) your access to or use of the Platform or Content, including any and all features, functionality, tools, content and promotions available on and through the Platform, (b) any interactions with any other person as a result of your use of the Platform or Content, (c) your breach of the Terms, including any violation of national applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (d) your gross negligence or wilful misconduct.

Obligation to Defend. You agree that, at Easy Physio option, you will conduct the defence of any such claim or action; provided that, notwithstanding our election that you to conduct the defence, (a) Easy Physio may nevertheless participate in such defence or settlement negotiations and pay its own costs associated therewith, and (b) you will not enter into any settlement or other compromise without the prior written approval of Easy Physio (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

No Implied Indemnity. No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.

 

Governing Law and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND KAIA HAVE AGAINST EACH OTHER ARE RESOLVED.

Governing Law

The Terms shall be governed by and interpreted in accordance with the laws of the United Kingdom.

Fees and Costs

The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.

Future Amendments to this Section

Both of us agree that if we make any amendment to this "Governing Law & Dispute Resolution" section (other than an amendment to any notice address or site link provided herein) in the future, that amendment will not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and Easy Physio. Easy Physio will notify you of amendments to this section by posting the amended Terms on our Website.   f you do not agree to the amended terms, you may close your account within 30 days and you will not be bound by the amended dispute resolution terms. If you do not have an account (or once you have closed your account, if applicable), you must cease using the Platform immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Easy Physio in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted the Terms. 

 

Miscellaneous

Privacy??

Our collection and use of information about Users is governed by our Privacy Policy. By accessing and using the Platform or Content, you consent to the collection and use of this information, including the transfer of this information outside of the European Union, including to the United States and/or other countries, for storage, processing and use by Easy Physio. As part of providing you the Platform and Content, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Content, which you may not be able to opt-out from receiving.

Entire Agreement

These Terms, including these Terms of Use, our Privacy Policy, the applicable Supplemental Terms and any and all Platform Rules, constitute the entire and exclusive understanding and agreement between you and Easy Physio regarding your access to and use of the Platform, including the Content, and Website, and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Easy Physio and regarding the subject matter hereof

Assignment

You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void.  Easy Physio may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction.

 

Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.

No Agency

Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

Survival of Terms

Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of this Agreement shall survive such expiration or termination.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by Easy Physio (a) via e-mail (in each case to the address that you provide), or (b) by posting to the our Website. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.

Waiver

Our failure to exercise any right or enforce any obligation under these Terms of Use or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of Easy Physio. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.

Remedies

Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.

Severability

Except as otherwise provided in the Terms, if an mediator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

Headings

The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.

Third Party Beneficiaries

Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

Construction

In the Terms, unless the context requires otherwise: (i)"herein," "hereof," "hereunder," "hereto," and similar terms refer to the Terms collectively and as a whole, and not merely to the specific section, paragraph or clause in which the term appears, (ii)"or" connotes any combination of all or any of the items listed, and (iii)"including" (and any of its derivative forms) means "including but not limited to."

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