1.1 User obligation
Use of this site constitutes your acknowledgement and acceptance of these Terms and Conditions, which take effect on the date on which you first use the site. Fitzgerald’s Physiotherapy Clinic reserves the right to change these Terms and Conditions at any time by posting changes online and it is your responsibility to refer to and comply with these terms on accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these terms and conditions as modified.
If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this website and therefore should cease using this website immediately.
All copyright, trademarks and other intellectual property rights in fitzgeraldsphysiotherapyclinic.ie (including the design, arrangement, layout and organisation) and all material or content supplied and displayed as part of fitzgeraldsphysiotherapyclinic.ie is owned by, licensed to or permitted to be used by fitzgeraldsphysiotherapyclinic.ie unless otherwise indicated and shall remain at all times the property of Fitzgerald Physiotherapy Clinic or the third party to whom it is attributed. In accessing the site or downloading anything there from, you agree that you do so only for your own personal and non-commercial use and agree not to change or delete any copyright or proprietary notice from materials downloaded from this site or any site accessible through this site without the prior written permission of Fitzgerald Physiotherapy Clinic.
Without the prior written permission of Fitzgerald Physiotherapy Clinic you may not copy, reproduce, download, post, store (including in any other web site), distribute, transmit, broadcast, commercially exploit or modify in any way the material or content on this site, or any materials accessible through the site, in whole or in part or permit or assist any third party to do so for a use other than personal and non-commercial.
If such permission is granted the source of the material must be clearly identified and attributed to portobellophysio.ie and the appropriate proprietary rights acknowledged and a link established to fitzgeraldphysiotherapyclinic.ie subject to 1.5 below.
However such permission will not be granted in relation to any material on this site which is attributed as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.
The use of fitzgeraldphysiotherapyclinic.ie is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, racist or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this site.
1.4 Limit of liability
Fitzgerald Physiotherapy Clinic is not responsible for the availability or content of any third party websites or material you access through fitzgeraldsphysiotherapyclinic.ie. Fitzgerald Physiotherapy Clinic does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). Fitzgerald Physiotherapy Clinic is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
Linking to this site is permitted. Links to fitzgeraldphysiotherapyclinic.ie are subject to these terms and conditions and in particular to fitzgeraldphysiotherapyclinic.ie proprietary rights. All links to fitzgeraldphysiotherapyclinic.ie must be direct to any complete content page (and not any part of a page) within fitzgeraldphysiotherapyclinic.ie and must not be viewed within the pages of any other site.
Fitzgerald Physiotherapy Clinic disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to fitzgeraldphysiotherapyclinic.ie.
You agree to indemnify and keep indemnified Fitzgerald Physiotherapy Clinic from and against all claims, damages, expenses, costs and liabilities arising in any manner from your entry to and use of fitzgeraldphysiotherapyclinic.ie other than in accordance with these terms and conditions.
2. Privacy & Security Policy
Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.
We agree to provide the physiotherapy services including any assessment, diagnosis, advice or treatment programme (“Physiotherapy Services” or “Online Physiotherapy Service”) to you in return for a fee subject to the terms set out in these Terms and Conditions of Purchase which forms the agreement between you and Us.
These Terms and Conditions of Purchase includes the entire understanding between you and Us and replace any previous arrangements We may have had with you unless specifically stated otherwise. Except for those terms implied by law, which cannot be excluded and any other terms specifically incorporated by reference – no other terms apply.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS OF PURCHASE YOU SHOULD NOT PURCHASE OUR SERVICES.
3. Clients under 18 years of age
We require written consent from your parent or legal guardian if you are younger than 18 years of age who must also agree to be bound by these Terms & Conditions of Purchase Agreement. They must further provide proper supervision in relation to the provision of information to Us and provide proper supervision in relation to your use of the in person or online Physiotherapy Service. All written communication with patients under the age of 18 will be via their parent or guardian’s email address.
4. Changing a booking
You can change a booking without penalty as long as you do it at least 24 hours before the booking is due to start. You will find the link to change a booking in the confirmation email that was sent to you when you made the booking. Let us know if you have any trouble finding it.
You may incur a penalty if you change a booking within 24 hours of its start time. You'll have to email us at [email protected] or contact Us on 087 721 4265 to do this.
We will not be liable for any loss or damage (in contract negligence or otherwise) where:
- there is no breach of a legal duty of care owed to you by Us;
- the loss or damage is not a reasonably foreseeable result of any such breach; or
- any loss or damage or increased risk of loss or damage results from a breach or non-compliance by you of Our terms including but not limited to these Terms and Conditions of Purchase such as you providing inaccurate or incomplete information.
In particular, We are not liable for:
- any loss of your emotional well-being including, but not limited to, any embarrassment caused;
- any loss of income or anticipated profits;
- any loss of opportunity;
- loss of goodwill or injury to reputation;
- losses suffered by third parties; or
- any indirect, consequential, special or exemplary damages arising from the use of the Online Physiotherapy Service, regardless of the form of action.
To the extent that We are not able to exclude Our liability to You in accordance with the applicable law, We limit our liability to the re-performance of the relevant in person or online Physiotherapy Services, or a full refund unless We specifically agree with you otherwise.
Nothing in these Terms and Conditions of Purchase excludes or limits Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation. Nothing in these Terms and Conditions affects Your statutory rights.
5.1 Privacy Notice
We have a legal duty to show you this notice under GDPR.
Fitzgerald Physiotherapy Clinic is committed to protecting and respecting your privacy.
We understand that your personal data is entrusted to us and appreciate the importance of protecting and respecting your privacy. To this end we comply with the Data Protection 2018 law.
Please read the following carefully to understand how we process your personal data. By providing your personal data to us or by using our services, you are consenting to the practices as described or referred to in this Privacy Notice.
For the purpose of GDPR, the data controller is Fitzgerald Physiotherapy Clinic (Main Street, Abbeyfeale Co. Limerick)
5.2 What personal data may we collect from you?
When we refer to personal data in this policy, we mean information that can or has the potential to identify you as an individual.
Accordingly, we may hold and use personal data about you as a customer, a patient or in any other capacity, for example when you complete a form, access our services or speak to us. Depending on what services you receive from us this may include sensitive personal data such as information relating to your health. We have a legal duty to process your clinical data to help us provide safe and effective treatment and to protect both parties in the event of legal action. We also process data for legitimate purposes e.g. to send text appointment confirmation or to inform previous patients of new treatments for chronic conditions, billing etc.
Personal data we collect from you may include the following:
- information that you give us when you become a customer or patient of ours such as name, address, contact details (including email address and phone number).
- details of referrals, quotes and other contact and correspondence we may have had with you
- details of services and/or treatment you have received from us or which have been received from a third party and referred on to us.
- information obtained from customer surveys.
- notes and reports about your health and any treatment and care you have received and/or need, including about clinic and hospital visits and medicines administered.
- patient feedback and treatment outcome information you provide.
- information about complaints and incidents.
- information you give us when you make a payment to us, such as financial or credit card information. We do not store these details electronically and destroy paper slips after 12 months.
The data that we request from you may include sensitive personal data. This includes information that relates to the mental or physical health or racial or ethnic origin (which may include children’s data). By providing us with sensitive personal data, you give us your explicit consent to process this sensitive personal data for the purposes set out in this Privacy Notice.
5.3 When do we collect personal data about you?
We may collect personal data about you if you:
- visit one of our websites (cookies policy).
- register to be a customer or patient with us or book to receive any of our services or treatments.
- fill in a form or survey for us.
- contact us, for example by email, telephone or social media.
5.4 What personal data we may receive from third parties and other sources?
We may collect personal data about you from third parties such as:
- We carry out work on behalf of the HSE and for the continuity of your care we may be passed medical information usually in the form of a referral for the purposes of your treatment.
- Insurance providers will pass us personal data of patients who have commenced a claim and require medical treatment. This will normally be in the form of a referral and may consist of basic details e.g. full name, date of birth, address, contact number and email address and the type of treatment they require.
5.4 How do we use your personal data?
Sensitive personal data related to your health will only be disclosed to those involved with your treatment or care, or in accordance with Irish laws and guidelines of professional bodies or for clinical audits. Further details on how we use health related personal data are given below. We will only use your sensitive personal data for the purposes for which you have given us your explicit consent to use it. Please note that, although we have set out the purposes for which we may use your personal data below, we will not use your sensitive personal data for those purposes unless you have given us your explicit consent to do so.
We may use your personal data to:
- enable us to carry out our obligations to you arising from any contract entered into between you and us including relating to the provision by us of services or treatments to you and related matter such as, billing, accounting and audit, credit or other payment card verification and anti-fraud screening
- provide you with information, products or services that you request from us
- provide you with information about products or services we offer that we feel may interest you. Unless you have consented to receive marketing communications by electronic means from us, by ticking the relevant box on the form on which we collect your data, we will only contact you by electronic means (e-mail or SMS) with information about products and services similar to those which you previously purchased or enquired about from us.
- notify you about changes to our products or services.
- check the accuracy of information about you and the quality of your treatment or care, including auditing medical and billing information for insurance claims as well as part of any claims or litigation process
- support your doctor, nurse or other healthcare professional
- assess the quality and/or type of care you have received (including giving you the opportunity to complete customer satisfaction surveys) and any concerns or complaints you may raise, so that these can be properly investigated
- to conduct and analyse market research
- to ensure that content from any of our websites is presented in the most effective manner for you and for your computer.
- We do not share data outside the EU without your express permission.
- No automated decisions are made regarding your data.
5.5 The security of your personal data
We protect all personal data we hold about you by ensuring that we have appropriate organizational and technical security measures in place to prevent unauthorized access or unlawful processing of personal data and to prevent personal data being lost, destroyed or damaged. We conduct assessments to ensure the ongoing security of our information systems.
Any personal data you provide will be held for as long as is necessary having regard to the purpose for which it was collected and in accordance with all applicable Irish laws. We have a legal duty to keep clinical records.
All information you provide to us is stored securely. Any payment transactions on our website will be processed securely by third party payment processors. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our website, you are responsible for keeping that password confidential. We ask you not to share a password with anyone.
We may occasionally transfer personal information to you via email, or you may choose to transfer information to us via email. Email is not a secure method of information transmission; if you choose to send or receive such information via email, you do so at your own risk.
5.6 Disclosure of your personal data
In the usual course of our business we may disclose your personal data (to the extent necessary) to certain third-party organizations that we use to support the delivery of our services. This may include the following:
- business partners, suppliers and sub-contractors for the performance of any contract we enter with you,
- organizations providing IT systems support and hosting in relation to the IT systems on which your information is stored,
- third party debt collectors for the purposes of debt collection,
- third party service providers for the purposes of storage of information and confidential destruction, third party marketing companies for sending marketing emails, subject to obtaining appropriate consent.
Where a third-party data processor is used, we ensure that they operate under contractual restrictions about confidentiality and security, in addition to their obligations under Data Protection Laws.
We may also disclose your personal data to third parties in the event that we sell or buy any business or assets or where we are required by law to do so.
5.7 Health information collected during provision of treatment or services
Medical professionals working with us: We share clinical information about you with our medical professionals as we think necessary for your treatment. Medical professionals working with us might be our employees, or they might be independent consultants in private practice. In the case of independent consultants, the consultant is the data controller of your personal data, either alone or jointly with us and will be required to maintain their own records in accordance with Data Protection Laws and applicable clinical confidential guidelines and retention periods. Where that is the case, we may refer you to that consultant to exercise your rights over your data. Our contracts with consultants require them to cooperate with those requests. In all circumstances, those individual consultants will only process your personal data for the purposes set out in this Privacy Notice or as otherwise notified to you.
External practitioners: If we refer you externally for treatment, we will share with the person or organisation that we refer you to, the clinical and administrative information we consider necessary for that referral. It will always be clear when we do this.
Your GP: If the practitioners treating you believe it to be clinically advisable, we may also share information about your treatment with your GP. You can ask us not to do this, in which case we will respect that request if we are legally permitted to do so, but you should be aware that it can be potentially very dangerous and/or detrimental to your health to deny your GP full information about your medical history, and we strongly advise against it.
Your insurer: We share with your medical insurer information about your treatment, its clinical necessity and its cost, only if they are paying for all or part of your treatment with us. We provide only the information to which they are entitled. If you raise a complaint or a claim we may be required to share personal data with your medical insurer for the purposes of investigating any complaint/claim.
Medical regulators: We may be requested – and in some cases can be required – to share certain information (including personal data and sensitive personal data) about you and your care with medical regulators such as the Irish Chartered Society of Physiotherapists, for example if you make a complaint, or the conduct of a medical professional involved in your treatment is alleged to have fallen below the appropriate standards and the regulator wishes to investigate. We will ensure that we do so within the framework of the law and with due respect for your privacy.
In an emergency and if you are incapacitated, we may also process your personal data (including sensitive personal data) or make personal data available to third parties on the basis of protecting your ‘vital interest’ (i.e. your life or your health).
We will use your personal data in order to monitor the outcome of your treatment by us and any treatment associated with your care, including any HSE treatment.
You have the right to ask us not to process your information in this way at any time.
7. Accessing and updating your information
The law gives you certain rights in respect of the personal data that we hold about you. In addition to your right to stop marketing, detailed above, below is a short overview of the most commonly-used rights. It is not an exhaustive statement of the law.
- You have the right to request a copy of your personal data in writing.
- You have the right to have the personal data we hold about you corrected if it is factually inaccurate. It is important to understand that this right does not extend to matters of opinion, such as medical diagnoses. If any of your personal data has changed, especially contact information such as: email address, postal address and phone number please let us know by e mailing [email protected] so we can ensure your personal data is kept up to date.
- If you want to exercise your rights in respect of your personal data, the best way to do so is to contact us by email on [email protected]. In order to protect your privacy, we may ask you to prove your identity before we take any steps in response to such a request.
9. Booking Terms & Conditions
9.1 Classes: Refunds and Cancellation
Bookings for classes can be made at reception on 0877214265, by email [email protected], online at fitzgeraldphysiotherapyclinic.ie or in person at V94WT32. Classes are always subject to availability.
All classes must be prebooked and prepaid. Pilates classes are run in blocks of six weekly sessions or such other combinations as Fitzgerald Physiotherapy Clinic may introduce from time to time. Fitzgerald Physiotherapy Clinic DO NOT offer refunds on purchased classes: No refunds or substitutes will be given if you miss a class. In the event of us cancelling a Pilates class, due to trainer sickness for example, an alternative session will be arranged.
The client shall not transfer sessions to any other person or permit them to be used by anyone other than the client. Any assignment, transfer or disposal of courses is at the sole discretion of the trainer and may only be permitted in exceptional circumstances.
Class fees may be increased by Fitzgerald Physiotherapy Clinic at any time. We shall give the clients not less than 14 days notice prior to any such increases.
When you are purchasing a class you are paying for a class and not an instructor. Instructors are subject to change without notice. The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer.
9.2 Treatments: Refunds and Cancellation
Bookings for treatments can be made at reception on 0877214265, by email [email protected] online at fitzgeraldphysiotherapyclinic.ie or in person at V94WT32. Appointments are always subject to availability.
All treatments must be pre booked. Cancellation of an appointment must be made not less than 24 hours before the appointment time. If cancellation is made within 24 hours of the appointment, you will be liable for 100% of the appointment cost. In the unlikely event of us cancelling your appointment, due to staff sickness for example, an alternative appointment will be arranged.
The client shall not transfer treatments to any other person.
Treatment fees may be increased by Fitzgerald Physiotherapy at any time. We shall give the clients not less than 14 days notice prior to any such increases.Practitioners are subject to change without notice.The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer.
10.1 Liability & Intellectual Property
The information available on or through this Site, and the Services supplied via or in connection with this site or at the Fitzgerald Physiotherapy Clinic do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. Before commencing any exercise regime, you should consult your doctor. It is also vital that you supply us with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on this website (and provided by us to you as part of any services) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this website or provided through any service supplied by us to you. You, your legal representatives and your heirs release waive, discharge and covenant, not to sue Fitzgerald Physiotherapy Clinic and its instructors for any injury or death caused by their negligence or other acts.
Fitzgerald Physiotherapy Clinic is regulated and approved by CORU and accredited by the Irish Chartered Society of Physiotherapy. Fitzgerald Physiotherapy Clinic warrants that its Products and Services will be supplied with reasonable skill and care.
10.3 Liability disclaimer
Whilst every care has been taken to ensure the information on this website is both accurate and up to date, we do not accept any liability to any party for loss, or damage incurred by reliance placed on the information contained in this website or through omission or errors how so ever caused.
10.4 Intellectual property
The content of this website is copyright of Fitzgerald Physiotherapy Clinic. The content is only for your own personal use. You must not use the content for reproduction on any other website, or in any way for commercial purpose of gain unless you first obtain our written consent. The term “content” includes all text, images and graphics (other than certain images licensed from third parties) which appear on the website, and the design and layout of the website. Certain images and company logos at this website are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.
10.5 Law and jurisdiction
Your use of this website, these terms and any matters arising are subject to the laws of Ireland. Any dispute is subject to the exclusive jurisdiction of the Irish court system.
Our website uses three cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of the website which helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
The cookies we use are ‘analytical’ cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they’re using it. This helps us to improve the way our website works, for example by making sure users are finding what they need easily.
For each visitor to our web pages, our web server automatically recognises only the consumer’s domain name. This information can be used to locate some geographical information, for example your nearest town. In some cases, it may identify your ‘network name’ (if for example you are accessing our website from an organisation with its own network). It does not give us any personal information relating to you as an individual (such as your name, address or email address). This information is used for internal review to improve the content of our web pages and its relevance to our customers.
By using our website you are consenting to our usage of the cookies described above. If you do not wish to consent, you can change your browser settings to disallow cookies on this and/or other websites. For instructions for how to disable cookies please refer to instructions from your browser provider.
12. Your use of our website
These terms and conditions of use apply to all users of this website. If you do not accept these terms and conditions of use, then you should immediately stop using this website. Your use of this website constitutes your consent to these terms and conditions of use.
We cannot guarantee that you will always be able to access the website; we will not be liable to you for any interruption or delay that you experience in accessing the website, whatever the cause. We cannot guarantee that the website or the server that makes it available are free of viruses or bugs. All comments regarding the website should be sent to the email address above.