Let's Get Started!
Please go through the service agreement below for information about our responsibilities to you and just how committed we are to delivering your healthcare programs. And if you have any questions, just ask.
- Physio Ed. will provide the Healthcare Service to Client for use by the Users, subject to the usual industry standards and with reasonable care and skill.
- The Healthcare Service shall consist of video classes packaged according to monthly/annual subscription plans as outlined in the Schedule 1 to this Agreement.
- The Healthcare Service will be provided through video streaming channels on screens for each User as set up by Client and integrated with Physio Ed.’s technical interface/framework. Each screen shall be subject to a separate personal, non-commercial license for the Healthcare Service.
- Physio Ed. shall have the right to, and may outsource some of its responsibilities under this Agreement to other medical and fitness professionals (the “External Facilitators”) who are capable and fit to offer the services to be provided in the Healthcare Service and such External Facilitators will be bound by the relevant provisions of this Agreement.
- Under certain special circumstances, Physio Ed. may during/after any talks with Client, recommend another professional/organization to Client, to provide any extra services to Client and/or the Users, for which Client shall enter into an entirely different agreement with such professional or organization; Client hereby agrees that Physio Ed. shall not be responsible or liable for any obligations under Client’s agreement with such professional/organization, as this shall be an entirely different transaction. Client further agrees that Client’s engagement with such professional/organization shall be entered into on Client’s own volition upon carrying out its own due diligence and investigation about such professional/organization.
- Client shall be responsible for providing a high-quality internet service for the Users to access the Healthcare Service.
- Client shall ensure that qualified instructors are engaged to assist the Users in following through the Healthcare Service, and that such instructors are familiarized with the terms of the EULA.
- Client shall ensure that all necessary arrangements are made for access, security procedures, facilities, licenses or consents (without cost to Physio Ed.) for Physio Ed. to perform its services under this Agreement for Team’s benefit.
- Client shall adhere to, and shall ensure that the Users adhere to the provisions of the EULA while accessing the Healthcare Service.
- Client hereby recognizes and agrees that all training materials, facilities, notes, audios and visual content including the lectures as supplied by Physio Ed. (the “Proprietary Materials”) during the Healthcare Service are the property of Physio Ed. and/or its licensors and are protected by copyright, trademark, and other intellectual property laws, and that neither Client nor any User shall acquire any right, title, or interest in or to the Proprietary Materials except the limited and temporary right to personal non-exclusive use.
- Physio Ed. retains all right, title, and interest in and to the Proprietary Materials.
- Client hereby agrees not to at any time infringe, contest, dispute or question such rights, title or interests referred to in 1 and 6.2 above, nor aid others in doing so, directly or indirectly.
- The grant of access by Physio Ed. to Client and the Users to the Healthcare Service shall not be construed in any way to mean a grant to any right or license with respect to the Proprietary Materials, other than the right to use the same strictly in accordance with the terms of this Agreement.
- Client hereby grants to Physio Ed. a limited right to use any of Client’s trademarks, as provided by Client for the limited purpose of permitting Physio Ed. to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this provision. Specifically, but without limitation, the rights granted by this provision do not include the right to sublicense use of Client’s trademarks or to use Client’s trademarks with any other products or services outside the scope of the services to be provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.
- Except for the express warranties specified in this Agreement, THE HEALTHCARE SERVICE IS PROVIDED “AS IS” AND AS AVAILABLE, AND PHYSIO ED. MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Without limiting the generality of the foregoing, PHYSIO ED. HAS NO OBLIGATION TO INDEMNIFY OR DEFEND Customer AGAINST CLAIMS RELATED TO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, and Physio Ed. does not warrant that the Services will perform 100% error-free or without immaterial interruption.
- Each User SHOULD CONSULT THEIR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE PARTICIPATING IN THE HEALTHCARE SERVICE AND/OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM TO DETERMINE IF IT IS RIGHT FOR THAT USER’S NEEDS. THIS IS PARTICULARLY TRUE IF THE USER (OR THE USER’S FAMILY) HAS A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF THE USER HAS EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAS HIGH CHOLESTEROL, HAS A BONE OR JOINT PROBLEM OR OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY OR DIET. NO USER SHOULD PARTICIPATE IN THE HEALTHCARE SERVICE IF THE USER’S PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF A USER EXPERIENCES FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING OR FASTING, THAT USER SHOULD STOP IMMEDIATELY. THE PHYSIO ED. WEBSITE AND COMMUNICATION MEDIA OFFERS GENERAL HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE PHYSIO ED. WEBSITE OR AVAILABLE THROUGH ANY PHYSIO ED. MEDIA IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. NO USER SHOULD RELY ON ANY INFORMATION ON THE PHYSIO ED. WEBSITE OR MEDIA AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF A USER HAS ANY CONCERNS OR QUESTIONS ABOUT THEIR HEALTH, SUCH USER SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH- CARE PROFESSIONAL. NO USER SHOULD DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM THEIR HEALTH-CARE PROFESSIONAL AS A RESULT OF ANY INFORMATION SUCH A USER MAY HAVE READ ON THE PHYSIO ED. WEBSITE OR OTHER MEDIA. THE USE OF ANY INFORMATION PROVIDED ON THE PHYSIO ED. WEBSITE OR OTHER MEDIA BY ANY USER IS SOLELY AT THAT USER’S OWN RISK.
- Client shall pay the Fees for the Healthcare Service as agreed upon at the start of service.
- Physio Ed. shall render invoices to Client, in respect of the Fees paid.
- All taxes will be invoiced to Client unless Client provides Physio Ed. with a valid tax exemption certificate authorized by the appropriate taxing authority. If Client is required by law to withhold any taxes from its payments to Physio Ed., Client must provide Physio Ed. with an official tax receipt or other appropriate documentation to support such payments withheld.
- Physio Ed. reserves the right to modify the Fees with due notice given to Client before such new Fee pricing may take effect.
- All payments made to Physio Ed. for the Services are considered final and non-refundable under any condition unless otherwise provided by law.
- This Agreement and all obligations arising from it shall be in force until the expiration of the Healthcare Service plan 12 months from the commencement of that plan, or otherwise expressly terminated by the Parties at any point in time.
- A User’s access to the Healthcare Service may be subject to termination in accordance with the relevant provisions of the EULA where applicable.
- Where this Agreement is terminated, Client shall give up possession of any materials belonging to Physio Ed., and Client and/or the Users may be denied access to any platforms or other services of Physio Ed. as Physio Ed. may deem fit.