These are the terms and conditions for the services provided by Emma Jack of 140 Ann St., Suite #201, London ON N6A 1R2” (“we” or “us”) and for the website emmajack.com (the “website”). These terms and conditions were last updated in June 2020.

These terms and conditions apply, and form a legally binding contract between you and us, when you use the website and when you purchase our Services. If you don’t agree to these terms and conditions, please do not proceed to use our website or purchase our Services.

Our Services

We offer online coaching services (the “Services”) to clients worldwide.

We provide coaching and advice to the best of our knowledge and training. However, we do not guarantee any results or outcomes from our Services. You acknowledge that results vary based on individual circumstances and the time and effort put into the Services by each individual client.

The Services involve the following:

• We provide Services on a per-session basis or in an agreed upon coaching package. This entails you booking a time for a session, via our online calendar, and we will provide you with the relevant advice and assistance you require during that session

• Payment for the Services is required at the time of delivery of the session unless other arrangements have been made.

If you cancel a session within 12 hours of the session time, you will not be refunded and fees will be kept as a credit.

If your scheduled session conflicts with another session, we will contact you to rearrange the session for another time.

We may, from time to time, suggest certain tools that would be helpful to you to get the most out of the Services. However, these are suggestions only, and we do not guarantee the quality of any such equipment, or warrant that you will get certain results from using such equipment.

We deliver the Services via an online platform, Zoom (zoom.com). We do not warrant or guarantee that Zoom will always be available to you, or that there will be no downtime when using Zoom. Zoom has its own terms and conditions, which will apply to your use of the Zoom service.

We may change the nature of the Services from time to time to deliver the best possible service to you, or because we have to due to law or regulation.

You acknowledge and agree that everything associated with the Services, including advice, training methods, techniques, documentation and other materials provided to you, are our exclusive property and you may not copy, transfer or provide to a third party any of this information. Doing so is a breach of these terms and conditions, and will entitle us to terminate these terms and conditions immediately (without providing you with a refund) and to take appropriate legal action (including seeking equitable remedies).

We require you to provide us with certain information in order to provide the highest quality Services to you. You understand that failure to provide certain necessary information to us may result in you not receiving the level of Service you require.

Use of Testimonials

You allow us to publicly use and disseminate your testimonials on social media and in our marketing material, including on our website.

Data Protection

We will need to obtain and process your personal data as part of tailoring the Services to your needs and requirements. Examples of some of the personal data that may be requested are: 

• Name, age/date of birth, home address, contact details 

(the “Personal Data”).

The Personal Data is required so that we can fully and effectively provide the Services and monitor progress. This data will not be shared with third parties. You may withdraw your consent to us holding this data at any time, by emailing emma@pressplayphysio.com, but please note that this will mean we are unable to continue to provide you with the Services. 

For more information how we handle personal data, please visit our privacy policy.

Use of our website

The information contained on our website is not directed to, nor intended for, distribution or use by any person or entity in any jurisdiction where the publication or availability of this website, or such distribution or use, would be contrary to local laws or regulation. You should not access the website/information on the website if you know that the access would contravene applicable, local, national or international laws.

You have permission for temporary use of the website, but we can withdraw or change the website at any time without telling you and without being legally responsible to you. You are only eligible to use the website if you are at least 18 years of age, or have capacity to form a binding contract, and if you are not a user barred from accessing the website under applicable law. Your use of the website must not violate any applicable law or regulation. 

You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

If you allow anyone else to use our website, you must make sure that they read these terms first, and that they follow them.

Only use the website as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.

We frequently update the website and make changes to it, but we don't have to do this, and material on the website may be out-of-date. No material on the website is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the website by anyone. We are not liable for any technical errors, maintenance, work, damage, wrongful use, unauthorised access to the website, or any content you upload to the website.

You are responsible for configuring the computer or device used to access the website, and the software to access the material and content on the website, including downloadable files. We do not warranty that the way in which we deliver data to you is compatible with your software. We do our best to protect the website, but are not responsible for bugs, viruses etc., and are not liable for damage or loss caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our website, downloading any content from it or using any website linked to it. 

We do not warrant that your use of the website will be uninterrupted. We are not responsible for any loss or damage suffered as a result of any interruptions or errors, and you acknowledge that the site may be subject to limitations, delays or other issues.

We do our best to provide the most accurate information possible. However, we cannot ensure that our site is completely error free, or that it will not become outdated. Therefore, we do not provide any warranty or other assurances as to the completeness, accuracy, timeliness or fitness for particular purposes of any of the content or materials contained within the website. 

We are also not liable for any third party content on the website, and do not endorse what this content may contain.

Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the website (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.

You are allowed to print one copy and download extracts of any page on the website for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. You must not change, copy, reproduce or translate anything on the website without our consent. You are not permitted to license, sell, rent, lease, transfer, assign, distribute, exploit or otherwise make any documents or online resources from the website available to any third party.

If you breach these terms and conditions, you lose your right to use our website, and must destroy or return any copies you have made.

By using our website, reviewing content or otherwise interacting with us online, you understand and acknowledge that there is no physiotherapist-client relationship created. Physiotherapist-client relationships can only be formed after you have purchased a session with us. The website cannot provide individual legal advice, opinions or recommendations. 

Computer Offences

If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use the website will end straightaway. We will report you to the relevant authorities and give them your identity.

Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

You must not try to get access to our website or server or any connected database or make any 'attack' on the website. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our website.

Links to Our Website

You are allowed to make a legal link to our website's homepage from your website provided the content on your website meets our standards, it is done so fairly and legally, and does not damage our reputation or take advantage of it. We can end this permission at any time.

You must not suggest any endorsement by us or association with us unless we agree in writing.

Links From Our Website

Links from our website to other websites are for information only. We don't control them and don't accept responsibility for other websites or any materials found upon them or any loss you suffer from using them.

Liability and General Provisions

Our liability under these terms and conditions is limited to the total price paid by you for the Services. 

Nothing in these terms and conditions shall exclude any liability under the law that cannot be excluded, including death or personal injury caused by negligence.

The parties hereby agree that these terms and conditions, and any non-contractual obligations arising hereunder, shall be governed by the laws of Ontario, and the courts of Ontario shall have exclusive jurisdiction.

These terms and conditions represent the entire understanding and agreement between the parties with respect to the subject matter of these terms and conditions, and supersedes all other negotiations, understandings, and representations, if any, may by and between the parties. No representation, inducement, promise or agreement, oral or otherwise, is embodied in these terms and conditions or any other agreement related to these terms and conditions and expressly references herein is of any force and effect.