Table of Contents
What these terms are
These are the terms for using the Salaso Platform and its contents (the Website) and any service offered via the Website (the Service) whether as a guest or a registered user.
These terms are addressed to physiotherapists and other healthcare professionals (together, “HCPs”) who prescribe or recommend use of the Service to their patients, to the patients themselves (“Patients”), and to any other users of the Website or the Service.
Please read these terms carefully before you start to use the Website and/or Service. By using the Website and/or Service, you agree to be bound by the terms.
Who operates the Website and Services and why
The Website and Service are provided by Salaso Health Solutions Limited (“Salaso”)
Salaso is an Irish-registered limited company, under company registration number 497795 with its registered office at Unit 5, Tom Crean Business Centre, Kerry Technology Park, Tralee, County Kerry, Ireland.
In these terms, “we”, “us” or “our” refers to Salaso.
Salaso is a data processor.
Changes to these terms
We amend these terms from time to time and the amendments take effect when we post them onto the Website. Every time you wish to use the Website or Service, please check these terms to ensure that you understand the terms that apply at that time.
Use by you of the Website and Service and Limitations and Exclusions
The Website and Service is a tool intended for use by:
(a) registered and licensed medical practitioners and chartered physiotherapists having the requisite registrations, educational qualifications, clinical experience permitting them to prescribe exercises for their Patients under the HCP’s supervision and control; and
(b) subject to (a), the Patients themselves.
The Website and Service are not to be used as a substitute for individual Patient assessment based upon the HCP’s examination of each Patient and the HCP’s consideration of clinical data and other factors unique to the Patient. The Website and Service should be used as an informational tool to help the HCP to diagnose and decide upon appropriate courses of treatment for their Patients. Individual and unique circumstances may lead a HCP to reach decisions or courses of treatment not presented in the Website or Service.
HCPs are responsible for the supervision, management, and control of their Patients who use the Website and Service and for the results which may be achieved (or not) by Patients who use the Website and Service.
This responsibility includes, without limitation, the determination of appropriate uses for the Website and Service and/or for selecting exercises, exercise plans, courses of treatment or other elements of the Service for use by particular Patients to help achieve intended results. .
We will not be liable for any results achieved (or not achieved) as a consequence of use of the Website or Service. Without prejudice to this, due to the large number/range of potential applications of the Service, the Service has not been tested for all conditions.
It’s also important to note that access to the Website and Service are dependent on you having a working internet connection and we are not responsible for availability of the Website or Service caused by issues with your internet connection.
You assume total responsibility and risk for your use of the Website and the Service, and for your connection to and use of the internet to access the Website and Service. We provide the Website and Service “as is” and we do not give/make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, warranties of title or non-infringement, or warranties of merchantability or fitness for a particular purpose) with regard to the Website or Service or any information provided by them. We will not be liable for any cost or damage arising either directly or indirectly from any use of the Website or Service. It is solely the HCP’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Website and Service.
Warranties and Indemnities of HCPs
This section is addressed to HCPs.
Noting that the Website and Service are designed specifically for chartered physiotherapists and for registered and licensed medical professionals whose qualifications and clinical experience permit them to prescribe rehabilitation exercises for musculoskeletal injury/debilitation, you confirm, represent and warrant that:-
(a) you have the requisite professional qualifications necessary in order to prescribe a course of treatment such as that made available by the Website and Service, noting that ;
(b) you hold all necessary public, employers and professional indemnity insurances at appropriate levels to cover your of the Website and Service and the use of them by your Patients.
(c)you will exercise all due and proper skill and care in using the Website and the Service and in prescribing a course of treatment for your patients using the Website and Service, and in allowing your Patients to access any part of the Website or Service.
(d) the Website and Service are not a substitute for your professional judgment or independent testing.
(e)the Website and Service are intended only to assist you with prescribing a course of treatment and patient management and are not a substitute for your own clinical judgment and skill. Without prejudice to this, you acknowledge that patient management and prescribing a course of treatment is a matter for your own clinical judgment and skill and the Website and Service are not a substitute for your own clinical judgment and skill.
(f) you will not use nor will you you permit the Website and/or Service to be used by any Patient or other person except strictly under your clinical supervision and control as a course of treatment that has been prescribed by you.
(g) you have assessed all Patients before they are registered to use (and before they use) the Website and the Service, and you are responsible for dealing with any questions your Patients may have regarding medical concerns, diagnosis or exercise rehabilitation services.
(h) your Patients who are prescribed by you to use the Website and Service are 18 years of age or older or have the express written consent of a parent or guardian to access and use the Website and Service.
(j) you will not use any “bots” or other automated methods to register user accounts on the Website and Service.
(k) you are responsible for all activity on all user accounts (including of Patients) or user identification codes (including of Patients) created under your user account with us.
You agree to indemnify and hold us, our parent, subsidiaries, officers, directors, shareholders, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, damages, legal or other professional fees, liabilities, fines and/or settlements, resulting from, or alleged to result from (a) any breach by your of the above representations, confirmations and/or warranties or of these terms; and/or (b) the use by you, your servants, agents, employees, or other person under your control, any third party using your account or User ID, and/or your Patients of the Website or the Service or of any data or other content uploaded to the Service or Website submitted using your account and/or User ID.
Access to the Website and Service
Access to the Website and Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on the Website without notice.
We will not be liable if for any reason the Website or Service is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website or Service, or to the entirety of the Website and Service or Content, to our registered users.
If you choose, or you are provided with, a user identification code (User ID), password or any other piece of information as part of our security procedures for access to the Website and/or Service, you must treat this information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of these terms.
You are responsible for making all arrangements necessary for you to have access to the Website and Service. You are also responsible for ensuring that all persons who access the Website and Service through your internet connection are aware of these terms, and that they comply with them.
Restrictions on right to use
You agree that you will not (and you agree not to allow any third party to):
(a) Modify, adapt, translate or reverse engineer any portion of the Website or the Service.
(b) Remove any copyright, trade mark or other proprietary rights or notices contained in or on the Website or the Service.
(c) Use any robot, spider, website search, retrieval application or other automated device, process or means to access, retrieve or index any portion of the Website and/or the Service.
(d) Access, retrieve or index any portion of the Website and/or the Service for purposes of constructing or populating any database.
(e) Collect any information about other users of the Website or Service (including identifiers of users) for any purpose other than to use the Website for the purposes of availing of the Website or Service in the manner intended by us.
(f) Re-format or frame any portion of the web pages that are part of the Website and/or the Service.
(g) Create user accounts by automated means or under false or fraudulent pretences or create multiple logins.
(h) Create or transmit unwanted electronic communications such as “spam” to other users of the Website and/or the Service or otherwise interfere with other user’s use and enjoyment of the Website and/or the Service;
(i) Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
(j) Use the Website or the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
(k) Copy or store any content offered on the Website or Service other for your own personal, non-commercial use;
(l) Use any device, software or routing that interferes with the proper working of the Website and/or the Service or otherwise attempt to interfere with the proper working of the Website and/or the Service;
(m) Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
(n) Use the Website and/or the Service, intentionally or unintentionally, to violate any applicable law;
(o) Collect or store personal data about other users in connection with the prohibited activities described in this paragraph;
(p) Engage in or promote any surveys, contents, pyramid schemes, chain letters, unsolicited emailing or spamming via the Website;
(q) Impersonate any person or entity;
(r) Modify any Salaso trade marks or other brand features..
(s) Engage in any stealth marketing activities such as “astroturfing” via the Website.
(t) Upload, post, email, transmit or otherwise make available using the Website or to the Service any data, works or material that you do not have a right to make available under any law (including intellectual property law or data protection law) or contractual obligation.
(u) Use the Website or Service or Content in any way that breaches any applicable local, national or international law or regulation.
(v) Use the Website, Service or Content In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(w) Use the Website, Service or Content for the purpose of harming or attempting to harm minors in any way.
(x) Send, knowingly receive, upload, download, use or re-use any material or data which does not comply with our content standards below.
(y) Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You also agree:
(a) Not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of these terms; and
(b) Not to access without authority, interfere with, damage or disrupt:
(i) any part of the Website;
(ii) any equipment or network on which the Website is stored;
(iii) any software used in the provision of the Website; or
(iv) any equipment or network or software owned or used by any third party.
Our content standards apply to any and all data, works, materials or other content which you upload to the Website or Service (“User Data”), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
User Data must:
(a) Be accurate (where they state facts).
(b) Be genuinely held (where they state opinions).
(c) Comply with applicable law in Ireland and in any country from which they are posted.
User Data must not:
(a) Contain any material which is defamatory of any person.
(b) Contain any material which is obscene, offensive, hateful or inflammatory.
(c) Promote sexually explicit material.
(d) Promote violence.
(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) Infringe any copyright, database right or trade mark of any other person.
(g) Be likely to deceive any person.
(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(i) Be uploaded, used or otherwise processed in breach of the GDPR and other applicable data protection legislation.
(j) Be uploaded or otherwise used in breach of these terms.
(k) Promote any illegal activity.
(l) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(m) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(n) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(o) Give the impression that they emanate from us, if this is not the case.
(p) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We will do our utmost to ensure that availability of the Website and Service will be uninterrupted and that transmissions will be free of errors. However, due to the nature of the Internet, this cannot be guaranteed. Accordingly, access to this Website and Service is on an “As is” and “As Available” basis only. Also, your access to this Website and Service may be occasionally suspended or restricted to allow for repairs, maintenance, upgrading or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Suspension and termination
You agree that we may, with or without cause, immediately suspend your user privileges, delete, disable or deactivate your account or any User IDs associated with your account, block your email address or IP address or otherwise terminate your access to and use of the Website and Service and delete any information submitted by you, your servants, agents, employees and/or invitees via the Website and/or Service with or without notice, and with no liability of any kind to you or any third party.
Without limiting the foregoing, the following may lead to termination of access to the Website and Service:
(a) a breach of these terms, including the content standards and acceptable use provisions,
(b) a request by law enforcement or other government agencies about you or any User Content that you have submitted to us,
(c) a request by you (self-initiated deletions), or by a third party,
(d) failure to adhere to any payment terms pertaining to your use of the Service, if applicable.
(e) unexpected technical issues or problem, and/or
(f) extended periods of inactivity.
You acknowledge that deletion of your account, any associated User IDs and termination of access to the Website and Service may result in the removal of all your User Data. It may also result in preventing your further use of the Website and/or the Service or your account, depending on the circumstances.
You agree that all termination of your use of the Website and/or Service by us shall be made in our sole discretion and that we will not be liable to you or to any third party for any termination of your account or access to the Website or Service or for removal of User Data.
We reserve the right to investigate and we will determine, in our absolute discretion, whether there has been a breach of these terms through your use of our Website and/or the Service. When a breach of these terms has occurred, we may take such action as we deem appropriate.
Without prejudice to the generality of the foregoing, failure by you to comply with this Agreement may result in our taking all or any of the following actions:
a. immediate, temporary or permanent withdrawal of your right to use our Website and/or the Service;
b. immediate, temporary or permanent removal of User Data uploaded by you to the Service;
c. issue of a warning to you;
d. limit the amount of data you may upload;
e. restrict the number of User ID’s you have been provided with to access the Service;
f. cancel all User ID’s associated with your account;
g. suspension, restriction or limitation of any rights or permissions associated with a User ID;
h. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
i. other legal action against you; and/or
j. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
LIMITATION OF LIABILITY AND WARRANTY
You expressly acknowledge and agree that use of the Website and the Service by you (be you a HCP, Patient or other user), your servants, agents, employees, invitees, and any person who accesses and/or uses the Website and/or Service with your authorisation or under your control, is at your sole risk.
We do not directly or indirectly practice physiotherapy, physical therapy, medicine or any associated paramedical discipline, nor dispense physiotherapy, physical therapy, medical or any associated paramedical services, nor exercise any clinical judgment and we assume no liability for the Service and/or Content.
You assume full responsibility for the appropriate use of information contained in the Website, the Service and Content and agrees to hold us, and its third party providers, harmless from any and all claims or actions arising from your use of the Website, the Service or the Content.
In no event will we or our suppliers have any liability (directly or indirectly) for any incidental, special, indirect, consequential or punitive damages; for loss of profits, use, revenue, or data; or for business interruption. In addition, our liability and that of our suppliers arising out of or relating to the Website, the Service or any Content will not exceed the amount paid or payable by licensee for such Service and/or Content, respectively. Also, you agree that the licence, subscription and services fees and other fees charged by us and paid by you are based on and reflective of the allocation of risk contemplated by this section (limitation of liability) and that the liability limitations in this section (limitations of liability) are an essential element of the agreement between the parties.
The Website, Service and Content is provided on an “as is” basis only and nothing in these terms and conditions shall entitle or permit you to rely on the Website, the Service or any Content to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We will not be liable in any manner whatsoever for the results obtained through use of the Website, Service and/or Content. We hereby disclaim all liability and responsibility arising from any reliance placed on the Website, the Service or on such Content by you and any user of the Service or Website, or by anyone who may be informed of the Content. We accept no responsibility for keeping the Website, Service or Content up to date or complete or any liability for any failure to do so. We provide the Content without any guarantees, conditions or warranties as to its accuracy, suitability or fitness for purpose.
To the extent permitted by law, we expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website, Service or Content or in connection with the use, inability to use, or results of the use of the Website, Service or Content, any product or application incorporating the Content including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Without prejudice to the generality of the foregoing we shall not be liable in any manner whatsoever for the results obtained through use of the Content or the Website or Service. You and persons using the Website, Service or Content are responsible for the supervision, management, and control of the use of the Website, Service and of the Content by all persons and the results of using the Service and Content. This responsibility includes, without limitation, the determination of whether or not the Content is applicable for a certain use and the responsibility to use the Content and Application under medical practitioner’s or physiotherapist’s supervision and prescription.
You agree to indemnify us and defend and hold us and our servants and agents from and against any and all third party claims, liabilities, damages, losses or expenses (including proper legal fees and costs) arising out of, based upon or in connection with your use of the Website , Service and/or Content or any person or persons using the Website, Service and/or Content under your supervision or control including without prejudice to the generality of the foregoing, your patients.
Nothing in these terms and conditions shall exclude or limit our liability in relation to any damages arising from death or personal injury caused by our negligence or for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
TRANSACTIONS CONCLUDED THROUGH THE WEBSITE
As a condition of your use of the Website and Service, you warrant that you will not use the Website or Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or Service or interfere with any other party’s use and enjoyment of the Website or Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website or Service.
LINKS FROM WEBSITE
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LINKING TO WEBSITE
Our Website must not be framed on any other site, nor may you create a link to any part of our Website.
COPYRIGHT NOTICE AND INTELLECTUAL PROPERTY STATEMENT
We, our licensors or our content contributors are the owners or the licensees of all intellectual property rights in our Website, the Service, and in the Content, including User data submitted by users of the Service, published on it. Those works are protected by copyright laws, trade mark laws, database laws and treaties around the world. All such rights are reserved.
The Website, the Service and the Content are protected by copyright as works, databases, collective works and/or compilations under the copyright laws of Ireland and other countries. All, Content, User Content and other elements comprising the Website and the Service are also copyrighted works.
The Website, User Identifiers, the Service and the Content and all aspects of them, including all copyrights, trademarks, and other intellectual property or proprietary rights, are owned by us or our licensors. You acknowledge that the Website, User Identifiers, the Service the Content and any underlying technology or software used in connection with the Website, Service and/or Content contains our proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Website, the Service or the Content in whole or in part except as expressly provided. Except as expressly and unambiguously provided in this Agreement, we and our advertisers, licensors or suppliers do not grant you any express or implied rights, and all rights in the Service not expressly granted by us to you are retained by us or our licensors.
All product or service names mentioned on our Website are the trademarks of their respective owners, and other trademarks may be displayed on our Website from time to time. Some material on our Website may contain other information containing intellectual property of a third party. Nothing displayed on our Website should be construed as granting you any licence or right of use of any logo, information or trade mark displayed on it, without the express written permission of the relevant owner, except as expressly provided in this Agreement.
You may reproduce material from our Website for your own personal, non-commercial reference and you may draw the attention of others to material posted on our Website. Reproduction of Content from our Website for other purposes is not permitted. In particular, you must not cache any of the contents for access by third parties, nor mirror, scrape or frame any of the content of the Website, nor incorporate it into another website without our express written permission. You may also permit your computer to make an electronically stored, transient copy of the content on our Website for the purposes of viewing it while connected to the internet only.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, or any graphics separately from any accompanying text.
Our status (and that of any partners, advertisers or third parties identified on our Website) as the authors of material on our Website including the Content must always be acknowledged by you. You must not use any part of the Content on our Website for commercial purposes without obtaining a licence to do so from us. You may not publish or distribute the information to others, “mirror” or display the information on your own server.
If you print off, copy or download any part of our Website, including the Content in breach of this Agreement, your right to use our Website, Service and Content will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made. You must not modify the paper or digital copies of any materials or Content you have printed off or downloaded in any way from the Website and Service, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
We aim to update the Website and Content regularly, and may change the Content at any time. If the need arises, we may suspend access to our Website and/or Service, or close it indefinitely. Any of the material or Content on our site may be out of date at any given time, and we are under no obligation to update such material.
If any provision of these terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these terms which shall remain in full force and effect.
If any provision of these terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be
A waiver by us of any breach of any of the terms, provisions or covenants of these terms or the acquiescence by us in any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid, shall not constitute a general waiver of such term, provision or covenant or of any subsequent act contrary thereto.
Any liability of us to any party hereto under the provisions of these terms may be released, compounded or compromised by us in our absolute discretion as regards any party or parties under such liability without in any way prejudicing our rights against any other party or parties under the same or a like liability, whether joint and several or otherwise.
Governing law and consent to jurisdiction
These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with Irish law.
You and we agree that the Irish courts will have exclusive jurisdiction in relation to any disputes or proceedings arising out of or in connection with these terms.
Use of Website and Service is unauthorised in any jurisdiction that does not give effect to all provisions of these terms, including without limitation this section on governing law and jurisdiction.
We shall not be liable for any delay or failure to perform our obligations under this Agreement, if such delay is due to any cause beyond our reasonable control including an act of God, hostilities, riot, civil disturbance, terrorism, the act of any government or authority, fire, explosion, flood, volcanic activity, adverse weather conditions, power failure, telecommunication line failure, theft, malicious damage, strike or industrial action.