Annette Turner Hydrotherapy ("ATH") are Physiotherapist specialists with extensive industry experience. We operate predominantly, but not exclusively, within the private health arena.
We provide a personal, professional, discrete and effective service.
We may update these TOS from time to time. You can review the most current version of the TOS at any time by returning to this page. These TOS constitute the entire agreement between you and ATH and govern your use of the Service, superseding any prior agreements between you and ATH. You may also be subject to additional terms and conditions that may apply when you use particular services. We may modify this TOS from time to time without notice to you. Please check this web site frequently for the most up-to-date Terms.
Modifications to the service
ATH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. In the event of a modification or discontinuance of service, all information submitted by you and others may be lost. You agree to keep a permanent record of all information provided to ATH, and you agree that all information submitted to ATH is at your sole risk. You agree that ATH has no responsibility or liability for the deletion or failure to store any Content (as defined after this) maintained or transmitted by the Service including without limitation messages and other communications.
You agree that ATH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You must be at least 18 years of age to use our service. In consideration of your use of the Service, you agree to:
You understand and agree that all information, statistical data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicly posted or privately transmitted by you and other users of our service, are the sole responsibility of the person from which such Content originated. This means that you, and not ATH, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. ATH does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ATH be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree that you will not use the Service so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, you also agree not to do any of the following:
2. Impersonate any person or entity, including, but not limited to, a ATH official or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in areas that are designated for such purpose;
5. Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
6. Collect or store personal data about other users;
7. Access the Service for the purpose of data mining or extracting content from the Service beyond your personal end use.
8. Harm minors in any way;
9. Intentionally or unintentionally violate any applicable local, state, national or international law;
10. Stalk or otherwise harass another; or
11. Engage in deceptive marketing or advertising practices. You acknowledge that ATH does not pre-screen Content, but that ATH has the right (but not the obligation) in its sole discretion to refuse or remove any Content from the Service without notice to you.
12. You acknowledge and agree that ATH may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ATH, its users and the public.
Use of content
Except as expressly authorized by ATH or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or its content, in whole or in part.
With respect to Content you elect to post with ATH, you grant ATH the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) world wide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You agree not to access the Service by any means other than through the interface that is provided by ATH for use in accessing the Service.
ATH proprietary rights
ATH, the ATH logo and other ATH logos and product and service names are trademarks of Annette Turner Hydrotherapy ("ATH"), whether or not registered. Without ATH prior permission, you agree not to display or use in any manner, the ATH marks.
You agree to indemnify and hold ATH, and its subsidiaries, affiliates, directors, officers, agents, third party contractors and employees, harmless from all damages, costs, liabilities, and any claim or demand, including reasonable attorney's fees due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another person, or due to or arising from such activities carried out by a person using your ATH account, with your knowledge.
Dealings with third parties
Your correspondence or business dealings with third parties accessed through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such party. You agree that ATH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ATH has no control over such sites and resources, you acknowledge and agree that ATH is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ATH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. ATH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ATH MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATH SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF ATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SERVICES OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT IS ATH LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO ATH FOR THE SERVICES IN QUESTION.
Exclusions and limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. While ATH may give you notices from time to time, it is not obligated to do so.
Copyright © 2009 Hydromobility Ltd. All rights reserved.