Terms & Services
The Move To Soothe (Physiotherapy) website and programs at movetosoothe.ie are owned and operated by Barbara Trant. Please read through this content carefully before you purchase or access any online program or service.
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These Terms of Service (“Terms”) are a legal agreement between you and Move To Soothe, Inc. (Move To Soothe, ‘we’, ‘us’, our”) regarding how you may use this website, program materials, products and information and services provided through this Website your use of any program or service.
The term “you” refers to any purchaser and/or user of any of our programs, products or services. If you do not agree to these terms, please do not use the service.
By purchasing and accessing any of our programs you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18) and warrant that any profile information you submit is true and accurate and that you are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18.
License
By purchasing and accessing any of our programs or services, you will be considered our Licensee. And under the terms and conditions Move To Soothe grants you a personal revocable license, non-assignable, non-transferable, for persona, non-commercial use limited only to you.
Registration
Upon registration as a member, you will be provided with a password and account. Registration as a member covers a set time frame of 1-year from the date of purchase to allow you to continued access to video material and online content for that period. The One-to-One Consultation service offered on any of the programs are available to a maximum of 3 months from the time of purchase of the specified program.
By using our Programs, Products and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account.You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be accessed or used by you. This includes any purchases made through your account.
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Intellectual Property
Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
The following are examples of conduct that are not authorised by these terms:
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Sharing the content of this Website or your account with other persons;
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Publishing or posting any of the content on any other website, including on social media pages or websites
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Using the logo or trade marks of this website;
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Registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by Move To Soothe
User Content
In connection with registration for a Move To Soothe account, users may upload photos or other materials or information to the Service (“User Content”). Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Service are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Service.
For any User Content that you upload to the Service, you grant us and our subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Service and Move To Soothes business, including without limitation for promoting the Service; and (b) the right to use the name that you submit in connection with your User Content, if we choose. You retain all rights in your User Content, subject to the rights granted to Move To Soothe in these Terms. You may modify or remove your User Content via your Move To Soothe Account or by terminating your Move To Soothe Account, but Move To Soothe may, in accordance with Move To Soothe’s Privacy Policy, retain in its systems and use non-personally identifiable data that is derived from your User Content.
Permitted Use
We prohibit the use of this Website and any of its functionalities, features and content in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:
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You are legally responsible for all User Content you submit;
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Under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
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We may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
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You will not:
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Post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
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Bypass (or attempt to bypass) any security mechanisms imposed by the Website;
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Harvest or collect email addresses, photographs or personal information of other users;
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Impersonate any person or entity;
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Post or transmit false or misleading material or make any form of misleading or deceptive representation;
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Knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;
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Exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);
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Provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or
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Delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
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At our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.
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Linked Websites
The Website (or User Content) may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot, and do not, guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
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Medical Advice, Personal Responsibility & Assumption of Risk
It is important that before beginning any health regime you obtain appropriate professional medical advice to ensure that you are mindful of your current health and any restrictions that are appropriate for you. Move to Soothe is operated by Barbara Trant who is a fully licensed member of the Irish Society of Chartered Physiotherapists (ISCP) but this service operates solely as an online service and therefore:
a) If deemed medically appropriate you may at any stage be advised to seek direct medical advice at which point you will not be eligible to avail of any further One-to-One Consultations and your access to the program maybe temporarily or permanently terminated.
b) Move To Soothe Does not provide any transcribed medical reports requested by you the licensee.
b) Move To Soothe Does not permit membership and will revoke a licensees membership if there are any ongoing/pending/or new medical-legal proceedings relating to previous personal injury or ongoing injuries for the duration of your membership.
c) As a Licensee, you agree that you are using your own judgment in using our Programs and Services and you agree that you are doing so at your own risk.
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Move to Soothes Programs and Services are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use or misuse of our Programs and Services. You agree and understand that you assume all personal risks and no results are guaranteed in any way related to our Programs or Services.
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Quality of Website/Platform
We do not promise that the Website, Zoom or exercise platform will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Facebook or Instagram from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.
Payment and Refunds
Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant subscription that is the subject of your order.
We will use Stripe payment for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
Fees for the Initial consultation are Non-refundable unless during the period in which you have paid for access to our information service through this Website, the information service is not available. In this circumstance, a pro rata refund may be granted upon written request by email at info@movetosoothe.ie; however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email, facebook etc).
You have a maximum of 14-days from the time of purchase of the Soothe-To-Strong Program whereby you can request a refund by email at info@movetosoothe.ie; in this case please allow up to 3 days for to complete the financial transaction. Fees are otherwise Non-refundable.
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Third Party Content
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to info@movetosoothe.ie . We may investigate the claim and take appropriate action, in our sole discretion.
If you have any queries about any term of these Terms of Use, please contact us at info@movetosoothe.ie
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Thank you.