Terms of Supply of Services

TERMS OF SUPPLY OF SERVICES

This page (together with our Privacy and Cookies Policy and Terms of Website Use) tells you information about us and the legal terms and conditions (Terms) on which we provide you with pre-written content for use in relation to your chiropractor clinic, including but not limited to the necessary software tools to enable you to create report of findings, patient exercises, newsletters, social media posts, press releases and blog posts (Service) listed on our website (our site) to you.

These Terms will apply to any contract between us for the subscription by you to the Service and delivery by us of any materials associated with the service (Contract). Please read these Terms carefully and make sure that you understand them, before subscribing to our Service. Please note that before subscribing you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to use the Service.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 6. You should therefore review these Terms periodically and, in particular, upon renewal of your subscription to the Service following a previous cancellation to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 14 July 2015.

These Terms, and any Contract between us, are only in the English language.

INFORMATION ABOUT US
1. We operate the website www.mychiropractic.marketing and www.mybusiness.marketing. We are Mychiropractic.marketing Limited, a company registered in England and Wales under company number 09230599 and with our registered office at 18 Greek Street, London, W1D 4DS, United Kingdom. Our main trading address is 18 Greek Street, London, W1D 4DS, United Kingdom.
2. You may contact us by telephoning our customer service team at 0207 437 7700 or by e-mailing us at info@mychiropractic.marketing.
OUR SERVICE
1. We are an online information service provider who provides pre-written content that you can use to market your chiropractor clinic. We deliver the necessary software tools and content to enable you to create report of findings, patient exercises, newsletters, social media posts, press releases and blog posts at a monthly subscription cost.
2. We have joined with professional writers and designers to create crafted marketing materials which can be edited to fit different styles, enabling each clinic to retain their individuality. We will be adding new text and pictures every day which will all be made available to you under the licence provided below, so you can use the text and pictures whenever and however you like.
3. The content that we provide will be updated on a daily basis.
USE OF OUR SITE
1. Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
1. We only use your personal information in accordance with our Privacy and Cookies Policy. Please take the time to read our Privacy and Cookies Policy, as it includes important terms which apply to you.
2. Please also note that we never hold any information which may directly identify any of your patients.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. Our checkout page will guide you through the steps you need to take to subscribe to the Service with us. Our order process allows you to check and amend any input errors before subscribing to the Service. Please take the time to read and check your order at each page of the order process.
2. After you have inserted your details and made the necessary £1 payment (which will be refunded to you shortly after payment), you will receive an e-mail from us acknowledging that we have received your payment and confirming that you have been subscribed to the Service. This email will mean that your order has been accepted.
3. The Contract becomes formed when your payment has cleared and accepted by us.
OUR RIGHT TO VARY THESE TERMS
1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
2. Every time you re-subscribe to our Service (which takes place when you cancel your subscription and subsequently subscribe to the Service again), the Terms in force at the time of your order will apply to the Contract between you and us.
3. We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
4. changes in relevant laws and regulatory requirements; and
5. changes to the subscription costs, the way in which your information or data is managed or kept; and
6. any changes to the subscription fee.
7. If we have to revise these Terms as they apply to the Service, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
PRICE AND PAYMENT FOR THE SERVICE
1. The subscription cost is quoted on our site.
2. The first month’s subscription is free.
3. The subscription cost includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
4. When signing up to use the service on our site you will be asked to provide the necessary card details. While you are subscribed to the Service your payment to us will automatically renew at the end of the subscription period and taken out via direct debit, unless you cancel your subscription through your subscription page on our site before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. For the avoidance of doubt, you may cancel your subscription in accordance with this paragraph at any time.
5. We may change the subscription price from time to time and will communicate any changes to the subscription price to you. Changes to the subscription price will in any event not take effect until the start of the next subscription period following the date of the subscription price change. If you continue to use the Service after the price change you are deemed to have accepted the price change.
6. If you cancel your payment and/or terminate the Terms after the payment for the current subscription period has been debited from your account, we will not refund any subscription fees already paid to us.
INTELLECTUAL PROPERTY RIGHTS
1. Intellectual Property Rights means any and all patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
2. We will retain ownership of all rights, title and interest in and to all Intellectual Property Rights in the Service.
3. You shall retain ownership of all Intellectual Property Rights in your own materials.
4. When you subscribe to the Service you are granted a non-exclusive, non-transferable, worldwide, royalty free, licence to copy and modify the Intellectual Property Rights in all content that we provide to you during the term of your subscription to the Service.
5. The licence granted in clause 8.4 above shall survive your cancellation of the Contract so that you can continue to use all content that we have provided to you during the duration of the Service. However, this does not entitle you to any further updated materials following your cancellation.
6. We will also keep a backup copy of all information that you provide to us during the course of your subscription to the Services for 12 months following cancellation by you of your subscription (Backed Up Information). We will not use the Backed Up Information. Instead we will keep it in the event that you need to download it again.
OUR LIABILITY
1. We only provide access to the Service for internal use by your business, and you agree not to use the Service for any resale purposes.
2. Nothing in these Terms limits or excludes our liability for:
3. death or personal injury caused by our negligence; or
4. fraud or fraudulent misrepresentation;
5. Subject to clause 9.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
6. any loss of profits, sales, business, or revenue;
7. loss or corruption of data, information or software;
8. loss of business opportunity;
9. loss of anticipated savings;
10. loss of goodwill; or
11. any indirect or consequential loss.
12. Subject to clause 9.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the subscription price.
13. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Service. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Service is suitable for your purposes.
EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 10.2.
2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
3. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
4. we will contact you as soon as reasonably possible to notify you; and
5. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
6. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 10 days. To cancel please contact us.
COMMUNICATIONS BETWEEN US
1. When we refer, in these Terms, to “in writing”, this will include e-mail but not fax.
2. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
3. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day (when banks in London are open for business) after posting or if sent by e-mail, one business day (when banks in London are open for business) after transmission.
4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
5. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
OTHER IMPORTANT TERMS
1. You confirm that you have authority to bind any business on whose behalf you use our site to subscribe to the Service.
2. These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
3. You acknowledge that in entering into the Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
4. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
5. We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
6. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
7. The Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
8. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
9. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10. These Terms and the Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
11. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).