Terms and Conditions

Introduction  
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our Capes Health professionals use of cookies in accordance with the terms of Capes Health Professionals cookies policy.

License to use website

Unless otherwise stated, Capes Health Professionals and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:  
  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website [except for content specifically and expressly made available for redistribution].
  Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Capes Health Professionals express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Capes Health Professionals express written consent.  

To clarify, this includes:
  • posting links in content, videos, pictures, case studies, descriptions or names
  • posting website adresses in content, videos, pictures, case studies, descriptions or names
  • posting contact details, including telephone numbers, emails or otherwise, in content, videos, pictures, case studies, descriptions or names
The admin charge for incorrectly filling out your profile page (adding links, business names, contact details) to which you agree to when joining the site and before saving your profile is £50

The admin charge for incorrectly filling in appointments with referred patients or not agreeing to engaging in business with a referral is 
£100

Restricted access

Access to certain areas of this website is restricted. Capes Health Professionals reserves the right to restrict access to areas of this website, or indeed this entire website, at Capes Health Professionals discretion.

If Capes Health Professionals provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Capes Health Professionals may disable your user ID and password in Capes Health Professionals sole discretion without notice or explanation.

User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Capes Health Professionals a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.

You also grant to Capes Health Professionals the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Capes Health Professionals or a third party (in each case under any applicable law).
 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Capes Health Professionals reserves the right to edit or remove any material submitted to this website, or stored on Capes Health Professionals servers, or hosted or published upon this website.  

Packages and Plans Terms & Conditions

Services offered on Capes Health Professionals as Packages and plans are blocks of fixed price services of a predetermined number of sessions, sometimes including additional services (such as exercise plans), that can be purchased by a client in full.

  • On purchase of a package or plan the buyer’s funds will be held in a client account.
  • The Buyer will receive a printable voucher for the package or plan of services purchased through Capes, both on the website and by email.
  • The Buyer can then book in with the health professional by calling to book in. The health professional will have been notified of the purchase and will also be able to contact the buyer to confirm a time and date to book in.
  • Once the voucher has been redeemed at the first session with the health professional funds are released into the health professional (or health professional employers) bank account.
  • The Buyer has a period of 7 days following purchase of the package or plan to return or refund any unredeemed voucher. See our full refund policy below.
  • Packages and plans of services offered by health professionals do not claim to:
    • a) Cure any ailment, condition or injury
    • b) Provide specific results
    • c) Require the buyer to continue to work with the health professional after the package or plan
  • Packages or plans of treatment, guidance or rehabilitation do not claim to cure or rehabilitate clients within a specified time frame or volume of sessions. 
  • The packages or plans are designed to be tailored towards clients needs although certain clients may require additional sessions following completion of the package or plan. This is based on the health professionals professional opinion.
  • It is at the buyers discretion as to whether to continue working with the health professional following completion of the package or plan.
  • The health professional agrees in offering the package or plan to adhere to their professional code of conduct as defined by their respective governing body.
  • It is at the selling health professionals (or the health professionals employers) discretion whether to refund the cost of sessions purchased but not required by the client during the delivery of the package or plan.
  • In cases where the health professional refers to another it is the responsibility of the health professional to come to an agreement of refund with the buyer.
  • Capes accepts no responsibility for sessions purchased but not required by the buyer for refund, this is solely down to the selling health professionals (or business in which the health professional is employed) discretion and professional conduct.
  • All health professionals confirm they are able, qualified and within their governing bodies guidelines as set out by their respective governing body to offer the packages and pans they have offered.

Refunds and returns policy (plans and packages)

Any unredeemed voucher may be returned for a refund within the first seven days after purchase. After that, all sales are final. If the seller business closes permanently or refuses to accept an unredeemed plan or package voucher, we'll always honour refund requests.

A Buyer is entitled to receive a refund of funds held in the Client Account under the following circumstances:

a) The seller has not responded to the purchase of the package or plan within 7 days of purchase.

b) The seller is unable to fulfil the delivery of the plan or package before the voucher is redeemed.

c) The seller requests cancellation of the plan or package before the voucher is redeemed.

d) The seller is unable to accommodate the buyers availability within the delivery guidelines of the plan or package.

For plans or packages running from specific dates, refunds cannot be issued beyond the start date of the plan or package. If a plan or package is ever cancelled or rescheduled we will notify the buyer and offer a full refund.

Should the buyer request a refund after the voucher has been redeemed, this must be sought through the selling health professional or business in which the health professional represents. Capes accepts no responsibility for refunds following the redemption of vouchers.

No warranties  

This website is provided “as is” without any representations or warranties, express or implied. Capes Health Professionals makes no representations or warranties in relation to this website or the information and materials provided on this website.       

Without prejudice to the generality of the foregoing paragraph, Capes Health Professionals does not warrant that:  
  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.  

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional.  

Limitations of liability
 
Capes Health Professionals will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:   

to the extent that the website is provided free-of-charge, for any direct loss;  
  • for any indirect, special or consequential loss; or
  • for any indirect, special or consequential loss; or  
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Capes Health Professionals has been expressly advised of the potential loss.  

Exceptions
 
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Capes Health Professionals liability in respect of any:  
  • death or personal injury caused by Capes Health Professionals negligence;
  • fraud or fraudulent misrepresentation on the part of Capes Health Professionals; or
  • matter which it would be illegal or unlawful for Capes Health Professionals to exclude or limit, or to attempt or purport to exclude or limit, its liability.  

Reasonableness
 
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.   

If you do not think they are reasonable, you must not use this website.  

Unenforceable provisions
 
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.  

Indemnity
 
You hereby indemnify Capes Health Professionals and undertake to keep Capes Health Professionals indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Capes Health Professionals to a third party in settlement of a claim or dispute on the advice of Capes Health Professionals legal advisers) incurred or suffered by Capes Health Professionals arising out of any breach by you of any provision of these terms and conditions  

Breaches of these terms and conditions
 
Without prejudice to Capes Health Professionals other rights under these terms and conditions, if you breach these terms and conditions in any way, Capes Health Professionals may take such action as Capes Health Professionals deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.  

Variation
 
Capes Health Professionals may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.  

Assignment
 
Capes Health Professionals may transfer, sub-contract or otherwise deal with Capes Health Professionals rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.   You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.   

Severability
 
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.  

Entire agreement
 
These terms and conditions, together with disclaimers, copyrights, privacy statements, cookie policies and linking policies, constitute the entire agreement between you and Capes Health Professionals in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.  

Law and jurisdiction
 
These terms and conditions will be governed by and construed in accordance with UK Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts.  

Capes Health Professionals details
 
The full name of Capes Health Professionals is Capes Health Professionals Ltd.   
Capes Health Professionals is registered in the United Kingdom, company number 8480406.  
Capes health Professionals Ltd address is: 1 Langdon Court, Elburton, Plymouth, Devon, PL9 8UH.   
You can contact Capes Health Professionals by email at