Terms & Conditions

The Agreement and Conditions of using The WELL FIT Directory

Introduction

Welcome to the Well Fit Directory (the "Directory"). By using the Directory you accept and agree to be bound by the following terms and conditions. Where applicable under law, these Terms constitute a 'writing signed by you.'

This agreement and its conditions govern our responsibilities to you as well as your use of the Directory. Please read through them. If you do use the Directory, your conduct indicates that you agree to be bound by the Terms.

This Directory is for serious therapists and service providers only. Our mission is to provide Cornwall with the best of wellness and fitness. We have standards that must be met to which you are required to adhere (i.e. providing evidence of qualification(s) and insurance(s)), should you not agree with this simple criteria, please do not join.

Changes to the Directory, the Terms and conditions

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and conditions at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service’s effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

Our rights and responsibilities

We will publish entries to the Directory in alphabetical order.

We will make the Directory available to the general public via the Internet.

Your entry is made onto the Well Fit Directory on the understanding that you acknowledge that computer and telecommunications systems may sometimes require periods of downtime for repair, maintenance and upgrading. For these reasons we cannot guarantee uninterrupted availability, but will try to keep any periods of unavailability to a minimum and we cannot accept any liability for such interruptions.
We are entitled to cancel or withdraw an entry if it is deemed illegal, offensive, or if it may infringe on the legal rights of others or subject us to legal claims, prosecution, criticism or cause us embarrassment.
In the event you request us to provide additional features or any other services in addition to our standard Directory page(s), we will use our reasonable endeavours to provide them. Any such additional features or services may be subject to an initial charge.

Conditions of your use of this Directory

Except as stated within these terms and conditions, the details of this Directory may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written permission of Well Fit.

You may print or download to disk the contents of an individual page of this Directory for the purpose of private and personal non-commercial use. You may also store an electronically, transient copy of the content in this Directory for the purpose of viewing it while connected to the Internet only. However, you may only make one copy of any content.

Exclusion of liability

The information contained in this Directory is only for information purposes. The material on this Directory may constitute advice from the practitioner; this is strictly their advice and not necessarily the advice of Well Fit.

We will be liable to you if our negligence causes death or personal injury. In all other circumstances, we will not be liable for loss of profits or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings you might have made.

There may be occasions when we are unable to provide the services because of something outside our reasonable control; we will not be liable to you if that is the case. Should you choose to use an alternative Directory or other form of advertising, we will not be responsible for their charges.

Any images submitted for use on the Directory are done so in the understanding that you have possession of them or the right to use them. Should you not have this permission or ownership, Well Fit is not responsible for this breach of copyright.

Exclusion of liability for other's advertisements and reviews within the Directory

This Directory contains material submitted and created by third parties. Well Fit excludes all liability for any illegality or error arising from omission or inaccuracy in such material.

This Directory also contains links to other Directories and web sites, which are not under the control of and are not maintained by Well Fit. Well Fit is not responsible for the content of those Directories or web sites. These links are provided for your convenience only and does not necessarily endorse the material on these Directories.

Law governing the Terms

If you are a consumer, the terms of this agreement will not affect any rights which you may have under any Act of Parliament and which cannot be excluded by agreement.

Use of this Well Fit Directory and this agreement shall be subject only to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use.

As a consumer, the terms of this Agreement will not affect any rights which you may have under any act of parliament and which cannot be excluded by agreement. If you have any doubts about your statutory rights, please contact your local Trading Standards department or Citizens Advice Bureau.

Jurisdiction

The Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this Directory and its use and these Terms.

Content, Commencement and Duration of entry in Directory

On receipt of your application form and cleared payment for entry in the Directory, a confirmation email will be sent with your page allocation address (URL), the date your entry will appear from and date it will be withdrawn.

We retain proof of posting when returning any items such as photos and qualifications, therefore are not responsible for lost items when returned.

Your page may appear before the agreed date. Should you not wish for this to happen, please notify us before you submit your application. We shall not be liable for any misrepresentation or lost costs should this occur.

You may request additional services to be provided by us at any time by post, by fax, by email or by telephone. Any services provided by us pursuant to such a request will be subject to our standard terms and conditions in exactly the same way as if you had signed a new application form requesting the service(s).

You shall immediately indemnify us, our employees, officials and independent contractors against all proceedings, claims, demands, expenses, losses and/or damages arising from processing or publishing any information or material which you shall give or shall have given to us, including without limitation any claims arising as a result of defamation, false description and breach of any third party rights.

You must not use the Services for any improper or unlawful purpose.

Should the page(s) contained in this Directory contain technical inaccuracies and typographical errors which are our fault, we shall endeavour to correct them as soon as possible. The information in these pages may be updated from time to time. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so (i.e. a service offered) this is the responsibility of the business advertised/profiled. When the business tells us of these changes and payment for the updates is cleared, we shall then assume responsibility for the update(s).

In the event you incur costs in printing or advertising your Directory page(s) allocated to you before such time as you have tested the page address and checked its content, that expenditure is at your own risk, and we will not be liable for any losses resulting from difficulties and delays in providing your Directory page(s).

We will send you notification as to when your place on the directory is due to elapse two weeks before hand. Should your position not be renewed by the renewal date, your page may be taken down.

We shall have no liability for any loss or damage, direct or indirect suffered by you arising from your entry onto the directory.

Payment

You must pay to us the advertising fee and any other charges in respect of the Services provided to you, which will be billed, as we shall advise. Any changes to your profile will be made upon cleared payment or within the 14 day period.

You can pay for your entry in the directory by cheque or transfer of funds. Your entry will be published once the cheque or deposit has cleared. Any deposit(s) paid is (are) non refundable.

You must inform us of any alterations you would like to make to your entry in the Directory within 14 days of the date on the confirmation letter. If no contact is made within 14 days, your entry will be deemed as confirmed.

Variation of charges and terms

We reserve the right to increase or decrease our charges and/or introduce new charges from time to time. If we increase any of our charges, we will give you at least 14 days prior notice, and in such circumstances you may cancel this agreement with immediate effect by notifying us before any increase takes effect.

We reserve the right to make changes to these terms and conditions from time to time and/or to introduce new terms and conditions if there are changes to the law or amendments from the networks we are using.

It is unlikely, but we may need to change the page allocation number allocated to you from time to time, or to use a different network. We will let you know if this is going to affect you.

All our charges for the Services are sent to you with your invoice. These may change from time to time and we shall email you with details of any changes, or contact you via mail.

We strongly recommend that you pay your bill by electronic banking.

We will consider accepting payment by cheque; however, we will then charge you an administration fee of £5.

Your rights and responsibilities

When you are contacted to provide your therapy/service, we expect you to work ONLY within the areas you are qualified to.

The information you provide for entry into the Directory must be legal, decent, honest and truthful. Images you submit to the Directory are used within the Directory in the understanding and belief that they belong to you and any breach of copyright is your responsibility.

You must comply with any instructions we give you about the Services.

Withdrawal of Entry

If you withdraw your entry, by writing to us, within 14 days of receipt of your confirmation letter/email you will be entitled to a full refund. Thereafter you may withdraw your entry, in writing, but you will not be entitled to a refund.

You are not entitled to a refund for any mistake that was apparent from the application form you submitted. Mistakes notified by you within the 14 days after receipt of the confirmation email will be rectified without charge.

We shall have copyright of all the information that is published in the directory and in the actual directory itself; you do not gain any intellectual property rights from the information displayed other than your own.

We can suspend the provision of the Services immediately without telling you and without notice if: -

We believe you are operating outside of your qualified field, the Directory page(s) allocated to you are being used in an unauthorised way or for criminal activities or for the transmission of any material which is of a defamatory, offensive, abusive, obscene or menacing nature;

You fail to pay any of our proper charges when due or commit a substantive breach of this agreement;

We are aware or have reason to believe that this agreement has been entered into fraudulently or we are satisfied that fraudulent or improper use of the Directory page(s) allocated to you is taking place;

You do anything (or allow anything to be done), which we reasonably believe may damage or affect the reputations of other Directory users;

Should you be unable to use all of the Services for a continuous period of 24 hours because
Late processing of your details on the Directory;
The Directory is being tested, modified or maintained; or access is denied to us, you will receive a credit of 'extra time' extending your time on the Directory.

Ending of this agreement

You may end this agreement immediately by writing to us if:-
we do not fulfill our part of this agreement and fail to put any amendments right within 14 days of being asked in writing/email to do so; or

All of the Services are permanently no longer available to you;

We may end this agreement immediately by writing to you if:-

You do anything (or allow anything to be done), which we reasonably believe, may damage or affect the operation of the Directory users.

You do not do what you have to do under this agreement (e.g. your failure to pay charges) and do not put it right within 24 hours of being asked by us in an email; or

We are no longer able to provide the Services to you on a permanent basis.

When this agreement comes to an end:-

Any deposits you have given us will not be refunded unless agreed upon at the beginning of the contract. No interest will be payable by us in respect of the period during which we have held the deposit.

Miscellaneous

Failure by either of us to enforce our rights under these agreements shall not prevent you or us (as the case may be) from taking further action.

We will always send important notices to you relating to our services in writing or email;

If notices are sent by post, they shall be deemed to have arrived at their destination 48 hours after posting.

If you telephone us, or if we telephone you, your call may be monitored or recorded. Any alterations or changes to our Terms and Conditions that you request must be made in writing and signed by the director of Well Fit in respect of any service supplied.

Your data will be held securely and will not be disclosed to third parties for their marketing purposes. We may however send you information about offers, products or other services we provide, or from other organisations, which we believe, may be of interest to you.

We may take instructions from someone who we have good reason to believe is acting with your permission. In such circumstances we will not be liable for any resulting loss, damage or inconvenience.

If any part, term or provision of these Agreements is held to be illegal or unenforceable, the validity or enforceability of the remainder of these Agreements will not be affected.

The headings in this Agreement are inserted for reference only and shall not affect the interpretation of these Terms and Conditions.

If either party waives a breach of these Agreements that waiver is limited to that particular breach.

All Entries and Advertisements that appear on this Directory have been accepted on the basis that the therapist is qualified and insured. We strongly recommend that you verify that your chosen practitioner is fully qualified in the field in which they are practicing as we WILL NOT vouch for any one that has not submitted evidence of qualifications on this Directory.

Inclusion in the Directory does not constitute a personal recommendation by the management of the Directory unless otherwise stated.

Except to the extent authorised by us in writing, the above Agreement and Conditions shall constitute the entire agreement and understanding between us.