Terms and Conditions of Service
Conditions for contracting physiotherapy services from RBM Training and Rehab, hereinafter Burnellphysio.
Controller:
Identity: RBM Training and Rehab, LLC.
Controller: RBM Training and Rehab, LLC.
Address: 2201 Menaul Blvd. Northeast. Albuquerque. NM. 87107
Email: info@burnellphysio.com
Domain name: burnellphysio.com
These contracting conditions, together with the Terms of Service and the Privacy Policy, establish the terms and conditions of the services offered by Burnellphysio through its own Websites, with the consideration of client being any natural or legal person who has completed the purchase process of any of the services.
The acceptance of these Contracting Conditions implies that the client has read and understands the content thereof, and declares that they are a natural person of legal age, with sufficient capacity to contract and does so in their own name and right, or in the name and representation of a legally constituted legal entity, of which they hold the due representative capacity, and by virtue of such representation, assumes all the obligations set out herein.
These conditions will have an indefinite period of validity and will apply to contracts made through the Website.
Certain services may be subject to specific particular conditions which, depending on the case, will replace, supplement and/or modify these conditions.
In the event of contradiction, the terms of the particular conditions will prevail over these general contracting conditions.
It is expressly noted that the training programs offered on the Website do not lead to any officially recognized qualification.
1. Identification of the parties:
The parties to the contract are the user who proceeds to register and contract the offered services, and Burnellphysio, 2201 Menaul Blvd. Northeast. Albuquerque. NM. 87107, owner of the site, as well as all subdomains and directories included therein (hereinafter, jointly referred to as the “Web” or the “Website”), as provider of the services offered therein, and with physical representation of the company.
The services provided by RBM Training and Rehab are the following:
- Pre-recorded courses.
- Online support for all courses and online services offered on the website burnellphysio.com.
- In-person care.
To communicate with RBM Training and Rehab directly and effectively, you may send an email to the following address: info@burnellphysio.com.
2. Purpose:
These terms and conditions are intended to regulate the contracting of services and/or products offered through the Website.
The physiotherapy service “1:1 online accompaniment program” consists of questionnaires, video calls, development of an education program, therapeutic exercise, also through pre-recorded videos, and follow-up on progress via video call and WhatsApp.
The training programs offered may consist of immediately downloadable content or courses that can be followed online, with the specific characteristics and materials (PDF documents, workbooks, videos, etc.) described in the file of each of those training programs.
By contracting any of the services, the user obtains an individual, personal and non-transferable usage license in exchange for a specific price publicly displayed through the Website. As many usage licenses must be contracted as there are users who will access the content offered on the Website.
In the event of access by third parties other than the contracting party, Burnellphysio reserves the right to revoke access to the service, retaining the amounts paid by the client, and without prejudice to the right to claim compensation for damages.
3. Use of the site: Once you have contracted any of the services, Burnellphysio will provide you with access to the content described on the website for the online physiotherapy service or each training program for individuals or professionals, if so stated in the course (hereinafter, “the Services and Content”), belonging to Burnellphysio.
Any use of the Services and Content other than for the training of the contracting party or a single natural person designated by them is expressly prohibited. If the service or content does not expressly state that its use is for professionals, they may not apply it to their patients, as they lack the extensive training required for such use, and it is unethical to act in such a manner as a health and movement professional.
You will be solely responsible for any inappropriate or unlawful use you make of the Services and Content.
To access the Services and Content, you must register and have the corresponding access credentials (username and password), as well as the access URL to the Services and Content, which will be provided by Burnellphysio once the purchase process has been successfully completed. (Once this virtual platform is operational; in the meantime, communication will be via email or WhatsApp as an alternative.)
The data you provide during the registration process must be accurate, complete, current and truthful, and will be processed and handled in compliance with current legislation on personal data protection as provided in our Privacy Policy. Burnellphysio reserves the right to freely accept or reject any user’s registration request if such data is not current, truthful, complete and/or accurate.
You agree to make appropriate use of the Services and Content that Burnellphysio offers through its Website in accordance with the provisions of the Website’s Terms of Use and these Terms and Conditions of Service.
4. Intellectual and industrial property:
Burnellphysio is the legitimate owner of all intellectual and industrial property rights in the content published on the Website and in the services offered (by way of example, but not limited to: images, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of materials used, applications necessary for their operation, access and use, etc.).
The reproduction, distribution, public communication, including its form of making available, and the transformation of all or part of the content of the Website and the Services and Content, in any medium and by any technical means, as well as any other form of economic exploitation of the content, without the express written authorization of Burnellphysio, is expressly prohibited.
It is likewise totally prohibited to remove, alter, circumvent or manipulate any protection device or security system installed on Burnellphysio’s pages.
For clarity, practices such as the resale of courses, workshops or support videos recorded specifically for each patient and pre-recorded at a general level, providing access to third parties, are expressly prohibited and will be grounds for termination of the content usage license agreement, without entitlement to a refund of amounts paid and without prejudice to Burnellphysio’s right to take appropriate legal action in defense of its legitimate interests. Furthermore, it is totally prohibited to use the content of the online physiotherapy service (including video consultations) for the treatment of patients other than the contracting party, or to generate content for training on the subject.
It is noted that the breach of the aforementioned prohibitions may even constitute a crime against intellectual property as defined under Spanish state law, without regard to its conflict of laws principles, which may carry even prison sentences.
5. Disclaimer of warranties and liability:
5.1. Burnellphysio cannot guarantee that there will be no interruptions or errors in access to the Website or the links provided. However, there is a firm commitment, as soon as such incidents become known, to carry out all actions aimed at their restoration or repair, except in cases where circumstances make it impossible or difficult to do so.
5.2. Burnellphysio only guarantees the provision of services consisting of providing information, education and therapeutic treatment, immediately downloadable content or courses that can be followed online, with the specific characteristics and materials (PDF documents, workbooks, videos, etc.) described in the file of each of those training programs.
It is expressly noted that the content of the materials provided for treatment or published in the training programs contain advice, recommendations or suggestions from professionals and/or users based on their own experience, and it is not guaranteed that they may be suitable for any type of patient, business, activity and/or project, nor does it guarantee under any circumstances a specific result from the implementation of the methods contained in the services or courses offered.
5.3. After reading and signing this document, you, the undersigned, sometimes also referred to as “user” or “I”, agree to release and hold Burnellphysio harmless from any claim, complaint, demand, injuries, damages, acts or effects associated therewith to persons or property arising from the use of the online services, with the undersigned assuming responsibility. This agreement includes the release of Burnellphysio from injury, damage or death to your person (you) for those acts or omissions allegedly related to Burnellphysio’s minor negligence.
5.4. Declarations. The undersigned, you, declare:
- a) That you are aware that in the use of videos, documents, emails, chat, spaces, facilities, services and online programs there is an inherent risk of injury to persons and property.
- b) That you are in good physical condition without disabilities, illnesses or other disorders that would prevent you from performing exercises and using equipment/facilities without injuring yourself or harming your health.
- c) That you have consulted a physician regarding your participation in an exercise program and that this will not increase your risk of injury or detriment to your health. This risk of injury includes, but is not limited to, injuries resulting from your use or that of others of the videos/documents/emails/chat/spaces/facilities/online services/online programs; injuries arising from or related to your participation or that of others in supervised or unsupervised activities or programs provided by the service/center; injuries and medical conditions caused by or related to the use of the videos/documents/emails/chat/spaces/facilities/online services/online programs; injuries and medical conditions caused by or related to the use of videos/documents/emails/chat/spaces/facilities/online services/online programs, including tendon and ligament tears, among others; and accidental injuries occurring while performing any of the videos/documents/emails/chat/spaces/facilities/online services/online programs. Accidental injuries include those caused by you, those caused by others, and those resulting from slipping and falling. If there are any special requirements or limitations for the practice of exercise, you agree to communicate this to the center before making use of the videos/documents/emails/chat/spaces/facilities/online services/online programs. By contracting services of any kind, you will do so at your own risk. The terms “includes”, “included” and equivalent terms are descriptive only and in no way restrictive.
By means of this document you declare that you are physically healthy and that you do not suffer from any disorder, dysfunction, disease, ailment or any other condition that could prevent participation in or use of the videos/documents/emails/chat/spaces/facilities/online services/online programs.
You declare that you have been informed of the need for medical authorization for the practice of exercise or physical conditioning activities, as well as for the use of the videos/documents/emails/chat/spaces/facilities/online services/online programs.
You also note that it has been recommended that you undergo a physical examination at least once a year and consult a physician on matters related to physical activity.
You declare that you have decided to engage in physical activity without medical authorization, and for this reason you assume full responsibility for your participation in and use of the videos/documents/emails/chat/spaces/facilities/online services/online programs.
5.5. Express assumption of all risks You have stated and acknowledged that you are aware of and accept all risks associated with your participation in the various activities of the center and in the use of the videos/documents/emails/chat/spaces/facilities/online services/online programs. Through your knowledge and acceptance of all these risks and additional risks, you, in full awareness and with informed consent, have expressly decided to assume all risks with all your activities and the use of the videos/documents/emails/chat/spaces/facilities/online services/online programs. You also accept that teleconsultation/therapeutic training may involve a risk of injury including death, and that you participate voluntarily in these activities.
5.6. Agreement and release of liability You are permitted to participate in the videos/documents/emails/chat/spaces/facilities/online services/online programs. The undersigned, by means of this document, permanently waives, releases and discharges RBM Training and Rehab, its employees, staff and beneficiaries from all civil obligations or liability arising from your participation in any of the aforementioned activities. You also agree to release any of the aforementioned persons and those acting on their behalf from all civil obligations or liability for injuries or damages to you, including those caused by negligent acts or omissions of any of the aforementioned persons arising from or related to your participation in center activities. This provision shall apply in cases of minor negligence and not in acts/omissions involving gross negligence, recklessness or deliberate conduct, as well as those of a criminal nature involving intent.
5.7. Loss or theft of personal belongings The center will not be held responsible in the event of loss or theft of objects. You should at all times keep any valuables in your possession while using the facilities. Lockers and other storage spaces are not secure locations. Therefore, by signing this agreement and attached documents, you agree to assume full responsibility for personal belongings belonging both to yourself and to persons in your care, and to insure those objects if you deem it appropriate. In this way, you expressly, on your own behalf and on behalf of persons in your care, waive all rights to file claims against the center and release it from all liability regarding the loss or theft of personal belongings, including items lost or stolen due to negligence or omission by the center. You agree to hold the center and its staff harmless from any legal proceedings, claims, or demands (in your favor or naming a third party as beneficiary) against the center in relation to the loss or theft of personal belongings at the center belonging to either the undersigned or persons in their care. In the event of initiating legal proceedings against the center for the aforementioned reasons, all costs shall be borne by you, including attorney’s fees incurred by the center or its staff as a result of such legal proceedings.
This agreement shall be interpreted in accordance with the laws of the country or state where it is signed. In the event that a court of last resort determines the invalidity of part of this agreement, the remaining parts thereof shall be considered valid and enforceable for all purposes.
YOU HAVE READ THE FOREGOING, DECLARE THAT YOU ARE AWARE OF THE TERMS AND CONDITIONS SET OUT IN THE PRECEDING PARAGRAPHS AND AGREE TO THEM.
If you do not accept these terms, the user must neither access nor use the website. The user should understand that by placing an order for any goods or services from the company, they agree to be bound by these terms. You may print a copy of this document for future reference. If in doubt regarding this document, the user should contact the company.
6. Characteristics and availability of offered content:
6.1. The characteristics of the services offered will be those detailed on the Website.
6.2. The Services and Content offered may be contracted from the moment they are published on the Website. In the case of courses, this will be from the time the registration period opens until Burnellphysio decides to withdraw them.
The “1:1 online accompaniment program” has a specific patient capacity each month. It is recommended to check availability before purchase by emailing info@burnellphysio.com.
7. Contracting procedure:
7.1. Language. – Currently the contracting procedure may only be carried out in Spanish.
7.2. Copy of the conditions linked to the purchase. – Burnellphysio will not retain a copy of these conditions linked to the contract, so we recommend that you keep a copy of them, although Burnellphysio will send you a copy of the contracting conditions in force at the time of each purchase.
7.3. Technical means. – The Website does not have technical means to identify and correct errors in the entry of data by the user, but it does detect if any field required to process the request has not been filled in.
7.4. Registration. – In order to contract any of the Services and Content of RBM Training and Rehab, you must follow the instructions indicated on the Website, provide the personal data requested in the form provided for this purpose, having previously read and, if in agreement, accepted the Privacy Policy and the Contracting Conditions, and proceed to payment in the manner indicated.
If the process has been completed correctly, Burnellphysio will send you a confirmation email for the contracting of the Services and Content, providing you with the access URL to the Services and/or Content contracted through the Website.
In the case of the purchase of the 1:1 online accompaniment program, you will receive a first email with step-by-step instructions to enjoy the program, proof of purchase, the program contract which must be signed by the buyer, the data protection policy which must also be signed, and a link to book appointment times.
For purchases in one or two installments, an email with the exercise content will be received within 48 hours. For purchases in three installments, this email will be received once the second payment has been made.
7.5. Payment methods. – Payment for services should preferably be made by credit/debit card. The charge to your card is made in real time through the PayPal payment gateway, Banco Santander POS terminal, or any other that is in use at the time of purchase on the Burnellphysio website, once the data provided has been verified as correct.
At the time of processing the contracting of the Services and Content, your card details will be transmitted encrypted and in a completely secure manner, for the sole purpose of making the corresponding payment.
Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize the payment, we cannot consider the purchase contract to have been formalized.
If you use this payment method, you are guaranteeing that you have full authorization for the use of the card (credit or debit) in the course contracting process.
7.6. Rules regarding appointments for each purchased product: if you wish to modify or cancel any appointment, this must be done with 48 hours’ notice. Otherwise, that appointment will be forfeited and the corresponding amount will not be refunded.
Regarding the appointments of the 1:1 online accompaniment program, they must be used within a maximum period of 8 weeks, expiring once that period has elapsed. In this program the patient also loses one of their program appointments if they do not attend it.
For patients who purchase the 1:1 online accompaniment program in three or four installments, they should take into account the following when booking appointments: The first email will include the link to book appointments. Please note that appointments must be booked from the date on which the second payment is made, and from the third payment when paying in 4 installments. It is expressly prohibited to book an appointment on dates on which the second payment has not yet been made.
7.7. Acceptance of terms and conditions: You must read the terms of use, the privacy policy and the contracting conditions and, if you agree with all of them, proceed to accept them by checking the boxes (checkboxes) provided for this purpose, with the possibility of consulting such terms, policies and conditions by clicking on the links that redirect to such legal texts.
Once registration and payment have been completed, you will be able to enjoy the content of the contracted service.
8. Prices and billing:
8.1. Prices: The prices of the services will be those published on the Website. Each Service and Content will have its final price detailed on its presentation page.
8.2. Billing: Burnellphysio will issue the corresponding purchase receipt. In the case of courses, the Value Added Tax (VAT) that may apply according to the applicable rate at any given time will be detailed.
You expressly consent to the issuance of electronic invoices by Burnellphysio. If you are considered a consumer and user, you may revoke that consent by sending an email to that effect to the address indicated above.
9. Claims:
Any claim related to the provision of the service will be addressed at the email address indicated above.
10. Refunds and returns:
IMPORTANT: NO refunds or returns of any kind are made; the purchase implies access to recorded or previously designed materials fully described on their corresponding sales pages, which means the user makes a fully informed purchase.
11. Withdrawal:
11.1. Right of withdrawal: The buyer may exercise their right of withdrawal within 24 hours after the purchase of Services or Content, provided they have not had access to it.
11.2. How to exercise the right of withdrawal: To exercise the right of withdrawal, and provided you have not lost the right of withdrawal by having begun the execution of the digital content made available to you, you must notify your decision to withdraw from the contract through an unequivocal statement (for example: a communication sent by email or by postal mail).
11.3. Shipping, Return and Withdrawal Policies: once an online rehabilitation program has been purchased, the access codes will be sent directly to the person who made the purchase. There is a 14-day withdrawal period during which the consumer must notify their decision. The company, in turn, will refund the total amount paid. Once these 14 days have passed, a payment refund cannot be made.
11.4. In the case of programs for professionals, the payment and refund conditions are different:
Payment conditions will be those agreed upon for each specific program. There is no refund option after 48 hours from purchase or once the program has started. In exceptional cases, you must contact the person responsible through the means described above.
11.5. Consequences of withdrawal: In the event of withdrawal being exercised and communicated, provided the exception to the right of withdrawal does not apply, and once such communication has been received, Burnellphysio will proceed to refund the agreed amounts paid in connection with the contracting of the corresponding Services and Content, as soon as possible.
12. Modification of contracting conditions:
RBM Training and Rehab reserves the right to modify the contracting conditions of the Services and Content, such modifications in no case affecting contracts made prior to any of them, respecting the terms and conditions published on the Website at the time of acceptance by the user.
In the event that installment payments for purchased programs are not received, the program will be automatically blocked and the user will need to contact the person responsible through the means described above.
13. Applicable law and jurisdiction:
For the purposes of the conditions established in this document regarding the use of www.burnellphysio.com, the applicable legislation will be the regulations in force in the Spanish state, and any dispute will be submitted to the Courts and tribunals of said state.
Your use of this site, as well as the contracting of any service on www.burnellphysio.com, indicates acceptance of these Terms and Conditions of Service in each and every one of its parts.