TERMS & CONDITIONS
Welcome to Finchley Foot Clinic,
These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use” or “Terms of Service”) shall govern the relationship between:
COMPANY NAME: Finchley Foot Clinic
ADDRESS: 66 Nether St, London N12 7NG
CONTACT NUMBER: 020 8445 8528
(hereinafter referred to as the “Company” or “Finchley Foot Clinic” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user” or “patient”) and shall govern your use of our website – https://finchleyfootcare.co.uk/ (hereinafter individually as well as collectively, referred to as the “Site”).
Finchley Foot Clinic is a specialist clinic for diagnosis and treatment of various foot and ankle related issues and complains. To know more about our services, please click here. (hereinafter referred to as the “Services”)
This electronic record is generated by a computer system and does not require any physical or digital signatures. Your use of our website and our services signifies your consent to these Terms and our other policies.
Please read these Terms carefully, as these, along with our Cancellation and Refund Policy, Cookie Policy and Privacy Policy statement forms the entire agreement between you and Finchley Foot Clinic. If you do not accept these Terms in its entirety, then you shall not use the website or avail any of our services.
Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement. These Terms shall be read in conjunction with our Cancellation & Refund Policy, Cookie Policy, and Privacy Policy statement.
1. ACCEPTANCE OF THESE TERMS
By accessing or using or registering or availing services through our Site in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby
represent that:
i. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time on the Site.
ii. You are residing in London, are of sound mind and at least 18 years or older in age, in order to form a binding contract with us. In case you are not of the age of majority, then you must have the express written permission of your lawful guardian to use and access the services and content on the Website, and to make appointments.
iii. We will collect your consent for marketing by email, use of your photographs for social media use, and consent for treatment on the day of the appointment. You need to be at least 16 years
in age or older to give such a consent – otherwise you must be accompanied by an adult who shall provide the consent on your behalf.
iv. You have read, understood and consented to our Cancellation & Refund Policy, Cookie Policy, as well as our Privacy Policy statement.
2. HOW CAN YOU USE THE WEBSITE?
i. Allowed uses:
a) Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the website.
b) Rules: You must follow all the applicable laws and rules, including covid and vaccination related guidelines and directions at time of availing services from us at our clinic.
c) Information: Whenever prompted, you must provide us with the correct, accurate and updated information. All the submitted information will be processed in accordance with our Privacy Policy statement.
d) Material: For the purposes of these Terms, “material” shall mean any logos, trademark, text, blogs, videos, graphics, sound material, published on the Site, whether a copyright of Finchley Foot Clinic, our licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other Website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
ii. Restricted uses:
a) You can’t impersonate others or provide untrue or inaccurate information about yourself.
b) You must not misuse or interfere with the Services or Website or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law and as per the directions provided by us.
c) You must not:
● republish material from this Website;
● sell, rent or sub-license material from the Website;
● show any material from the Website in public without our consent;
● edit or otherwise modify any material on the Website;
● reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or
● redistribute material from the Website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
● infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
● We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our discretion.
d) You must not use our 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.
e) You must not use our 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.
f) 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 our Website, without our express written consent.
3. WRITING A REVIEW
You may be able to write us a review to share your experience and provide feedback about our services. In such a case, you shall provide your honest and true feedback and opinion. You agree not to post anything or perform any act that is deemed to be abusive, derogatory, political, immoral, unlawful, inappropriate, objectionable, or that infringes on any third-party rights. We reserve the right to delete or not display your feedback, at our sole discretion.
4. OUR CONTENT AND RIGHTS
This Site, its logos, its content, blogs, designs, trademarks, trade dress, trade name, all of our features, functionalities and services, shall remain the sole property of the Finchley Foot Clinic, and/or its licensors, as the case may be. Your use of or access to this Site, or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Site or our services or any content or designs published by us or our licensors or third parties. This Site, and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website are the exclusive property of, or are licensed to the Finchley Foot Clinic and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website may be made without the prior written permission of the Finchley Foot Clinic.
5. FEEDBACK RIGHTS
To the extent that you provide Finchley Foot Clinic with any comments, suggestions or other feedback regarding the Finchley Foot Clinic website or services (the “Feedback”), you will be deemed to have granted Finchley Foot Clinic an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Finchley Foot Clinic is under no obligation to implement any Feedback it may receive from users.
6. CO-OPERATION WITH GOVERNMENT AUTHORITIES
Finchley Foot Clinic reserves the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing, as the case may be.
7. PRIVACY
In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Site.
8. LINKS TO THIRD-PARTY SITE
The Website might contain links to third-party websites, products and services. Such third-party links are not under the control of Finchley Foot Clinic, and Finchley Foot Clinic is not responsible for any third-party links. Finchley Foot Clinic provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect
to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such a thirdparty website, and you get out of the jurisdiction of our Website. Therefore, you shall be governed by the terms, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, Finchley Foot Clinic shall not be responsible.
9. PRICES AND PAYMENT
All appointments are subject to availability and acceptance, and you agree to pay for the appointments that you book on our website, and you authorize us (or our third-party payment gateway service providers) to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to borne all the applicable taxes and duties (wherever applicable). We reserve the right to modify the prices of our services, or discontinue certain part of our services, at any time at our sole discretion, without any prior notice. In case, the payment does come through our backend, we will not able to process your appointment. Please note, prior to the treatment, we require a deposit equivalent to 50% of the treatment amount from you. To understand our refund policy, please refer to our Cancellation & Refund Policy posted on the Site.
10. COVID19
The user agrees that due to recent outbreak of COVID-19 which has been declared as pandemic, there may be instances, where we may be forced to either cancel your booking or refuse to provide the services to you in compliance with government notifications and orders. Such refusal of service may be due to the reasons including but not limited to the patient:
● Exhibiting any symptoms associated with COVID 19; or
● Refusing to comply with safety advisories, like wearing protective gear, complying with social distancing norms etc.; or
● Suffering of any ailment making the patients or other persons vulnerable to the virus; or
● Posing a threat to the health and safety of others; or
● Any other condition put forward by the appropriate governments. In such cases Finchley Foot Clinic will determine the next course of action based on the situation at hand. The patient further understands that due to the outbreak of COVID-19, there may be frequent changes in guidelines and/ or SOPs issued by the appropriate government that the patient will have to follow in order to avail the services. You hereby agree to abide with all such guidelines/SOP. In case you fail to adhere to the same which results in the refusal to service by us, Finchley Foot Clinic will not be held liable to compensate you in any manner.
11. DISCLAIMER
The Site, and all of our services, are provided on an “as-is” and “as available” basis, and Finchley Foot Clinic (and our owner, staff, licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, suitability, safety, accuracy, reliability, completeness, timeliness, performance, merchantability,
fitness for a particular purpose, title, quiet enjoyment, or non-infringement of the same. Except permitted by applicable laws, we make no warranty that our services will meet your expectations, will be available
on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, complete, or safe. The blogs or any information you may find on the site is not to be treated a medical advice and you must apply suitable level of caution while relying upon any of the content on the Site.
12. LIMITATION OF LIABILITY
a) To the maximum extent permitted by law, in no event shall Finchley Foot Clinic (or our staff, owner, or affiliates) be liable to you or any third party for any loss of health, side effect, costs of procurement of substitute services, financial loss, or any indirect, consequential, exemplary, incidental, special or punitive consequences/damages arising from or relating to these terms or availing of our services or use of medications prescribed by us, or your inability to book an appointment or avail our services, even if Finchley Foot Clinic has been advised of the possibility of such consequences or damages. Access to, and use of, the Site, and our services and any medications prescribed by us is at your own discretion and risk, and you will be solely responsible for any damage to your person.
b) To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to amount paid by you to us in the last 1 (one) month. The existence of more than one claim will not enlarge this limit.
13. INDEMNITY
You acknowledge to defend, indemnify and hold Finchley Foot Clinic, its owners, staff, affiliates, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable solicitor’s fees, made by a third party, relating to, or arising from:
a) Your violation of ours or any third-party right;
b) Your wrongful or improper use of our services or Site or medications prescribed by us;
c) Your violation of any applicable laws, rules or regulations;
d) Your violation of these Terms, or any other policy of Finchley Foot Clinic as associated with our services;
e) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.
14. INTELLECUAL PROPERTY RIGHTS COMPLAINTS
a) Please notify us if you believe any of your intellectual property rights have been infringed on our website. Please file your copyright infringement claim with our Copyright Agent, namely Sophia Taglia, at sophia.g.taglia@gmail.com for such complaints and claims.
b) You are required to follow the below procedure to file a claim:
i. Identify in writing the copyrighted material that you claim has been infringed upon;
ii. Identify in writing the copyrighted material that has infringed upon your copyright;
iii. Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address;
iv. Provide your physical and/or electronic signature;
v. Send us a written communication by dropping an Email to sophia.g.taglia@gmail.com;
vi. You may be subject to liability if you knowingly make any misrepresentations on a take-down notice or claim.
15. LEGAL ACTION
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Finchley Foot Clinic or its staff/owner, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
16. GOVERNING LAW AND DISPUTE RESOLUTION
i. Governing Law: These Terms and any dispute arising from the same will be governed by applicable English laws.
ii. Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate courts situated in London, United Kingdom.
iii. Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND US ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND US, SHALL BE RESOLVED BY A JUDGE.
iv. Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PATIENT CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PATIENTS.
17. Notices
When you use the Site or send emails to Finchley Foot Clinic, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. Finchley Foot Clinic will communicate with you by email or phone or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to finchleyfootcare@gmail.com.
18. Miscellaneous
i. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
ii. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
iii. Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to refuse the provision of services without any refund, in our sole discretion.
iv. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
v. Waiver: Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Finchley Foot Clinic and you or any other party be deemed to modify any provision of these Terms.
vi. Survival: Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms, for any reason whatsoever.
vii. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
viii. No Assignment: You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Finchley Foot Clinic, which may be withheld at Finchley Foot Clinic’s sole discretion. Any attempted assignment that does not comply with these Terms shall be null and void.
ix. Entire Terms: The Terms & Conditions, Cancellation & Refund Policy, Cookie Policy and our Privacy Policy statement, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between Finchley Foot Clinic and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Site.
x. Force Majeure: Finchley Foot Clinic and its staff will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
xi. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the website after any amendments to these Terms shall constitute your acceptance to such amendments.
19. Grievance Officer/Designated Representative
In the event you have any grievance regarding anything related to these Terms or Cancellation & Refund Policy or Privacy Policy, or with any content or service of Finchley Foot Clinic, in that case you may freely write your concerns to the Grievance Officer/Designated Officer appointed below:
● Name: Sophia Taglia
● Email: sophia.g.taglia@gmail.com
● Postal: 66 Nether St, London N12 7NG
20. Feedback and Information
We welcome your questions or comments regarding these Terms. You can write to us via email: finchleyfootcare@gmail.com.
Last updated on August 30, 2022