SUMMARY

Equigate acts solely as a facilitator between the Professional and Client. It is a platform, which enables ease of communication between the two parties.

SECTION A – Definitions

Services – any Canine or Equine services offered on the Equigate App. i.e. Farrier Service.

Professional – Platform using Service Provider for Canine, Equestrian or Human treatments. i.e. Farrier, physiotherapist

Client – Platform using Service User for animal or human therapy only i.e. horse owner.

Personal User – Platform using Service user for personal use only i.e physiotherapy

Therapist – Human therapist e.g. physiotherapist

Invitation Code – a code sent by the Professional or the Therapist to their client to grant them access to the Equigate Platform.

Appointment - any appointment booking including up to 5 animals and or 5 pre-arranged Therapist appointment bookings made through the Equigate Platform.

Payment Processor – the payment processor used is ‘Stripe’. Please refer to their individual Terms and Conditions for their exhaustive Terms of Use.

Internal Communication System – the communication system for professionals and clients to book, reschedule and cancel appointments.

SECTION B – For the Client and Personal User

1.  THE SERVICE

1.1.         Equigate offers a way to connect you to our Professionals, who offer a range of Services in equine and canine industry. Additionally, Equigate now facilitates services provided by Therapists for treatment on humans. The Equigate Platform allows you to make an Appointment for a Professional and or Therapist and directly pay for your Services through Stripe. Equigate does not operate any Professionals or Therapists or provide any Services or Therapy.

1.2.         Equigate is a platform used by Clients, Personal Users, Professionals and Therapists. Subject to your compliance with these Terms, Personal Users and Clients will have access to Services provided by Professionals and Therapists through our mobile app.

1.3.         Upon registration for Equigate Services you enter into a contract with Equigate under these Terms and Conditions. However, your contract for Services is between only yourself and the Professional and/or Therapist Equigate acts only as an intermediary between you and the Professionals and Therapists, including acting as the agent for each Professional and/or Therapist to arrange and conclude your Appointment.

1.4.         If you use the Equigate Platform to book any Service, you also enter into a Contract with the relevant Professional and/or Therapist, including any Professional Terms of Sale.

1.5.         Professional’s and or Therapist’s provision of Services and fulfilling any Appointment is subject to the Professional Contract. Equigate is not a party to the Professional Contract you have with the Professional and/or the Therapist.

2.  PROFESSIONAL RESPONSIBILITIES

2.1.         Our Professionals and Therapists are required to provide Services as set out in the relevant Professional Terms of Sale (including any Professional Terms of Sale).

2.2.         We require our Professionals and Therapists to ensure that all information provided by them for the Equigate Platform is accurate, complete and not misleading in any way.

2.3.         Nonetheless, we cannot verify the information, which Professionals and Therapists provide to us. It is each Professionals’ and Therapists’ responsibility to ensure that all of its Services listed on the Equigate Platform are available and accurately described.

2.4.         As a Client or Personal User, you have legal rights in relation to services that are not performed with reasonable care and skill or are otherwise not as described. Nothing in these Terms of Service will affect these legal rights.

3.  REGISTRATION

3.1.         In order to create an account and make any Appointment/Order through the Equigate Platform you must be invited by a Professional or Therapist by way of an Invitation Code.

3.2.         To create an Equigate Platform Account you must provide certain information, including your name, email address, mobile telephone number, and any password you set.

3.3.         As a Client or Personal User, it will always be free of charge to use Equigate.

4.  OBLIGATION TO PROVIDE ACCURATE INFORMATION

4.1.          You must provide accurate and complete information to Equigate and keep this information up to date through the Equigate Platform. Equigate may verify the information that you provide and may refuse use of the Equigate Services or Equigate Platform or remove your profile from the App without notice and without providing reasons.

4.2.          It is your (or the person receiving the Professional Services) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Professional or Therapist that might affect or be affected by any Services (for example without limitation, allergy information and health matters). This includes checking, prior to purchasing any Product, that it is suitable for you or the animal that requires a Service and requesting further information from the Professional selling the Product if required.

4.3.          It is your sole responsibility to disclose in advance any medical, injuries, special requirements or issues of the same to the Professional or Therapist.

4.4.          If you or any relevant recipient of the Service fail to provide such disclosure neither Equigate nor the Professional or Therapist will be liable to you for any injury, loss or damages resulting from the Service that could have been reasonably avoided if the relevant information had been disclosed prior to receiving the Service. Equigate hold no liability in relation to any information disclosed on the platform.

4.5.          For animal therapy services, it is your obligation to provide correct veterinary details so that the Professional can obtain necessary consent in order to comply with the Veterinary Surgeons Act 1966 and the Veterinary Surgeons (Exemptions) Order 2015.  

4.6.          The Professional shall not perform any therapy without Clause 4.5 being satisfied.

4.7.          In accordance with the Veterinary Surgeons Act 1966 and the Veterinary Surgeons (Exemption) Order 2015 and by agreeing to these Terms and Conditions, the Client is satisfied that the extent of the due diligence required by the Professional is limited to acquiring the confirmation from a veterinarian that physiotherapy is suitable, or in the alternative, the veterinarian’s opinion that physiotherapy will not harm the animal.

4.8.          It is important to note that the legal requirements for veterinary referrals for physiotherapy services may vary by country. While the Veterinary Surgeons Act 1966 and the Veterinary Surgeons (Exemptions) Order 2015 mandate that physiotherapists in England and Wales can only work on an animal where physiotherapy has been 'prescribed' by a vet, such a prescription may not be required in other jurisdictions. Therefore, in countries where veterinary prescription of physiotherapy is not legally required, the completion of this form and referral to a vet may not be necessary. It not the responsibility of Equigate to ensure compliance with local laws and regulations regarding veterinary referrals for physiotherapy services.

4.9.          It is expressly agreed that Equigate holds no liability for the Services facilitated by the platform.

5.  SERVICE COMMUNICATIONS

A)      With Equigate Platform

5.1.          You agree to receive notifications and emails from Equigate on the email registered to the service.

5.2.          You further agree that these messages may include promotional content as well as information about your account and Appointment(s).

5.3.          Your agreement to receive appointment reminders, this is not a condition of using the service and can be terminated at any time.

5.4.          For information on how we use your personal information, and about promotional and marketing messages, please refer to our Privacy Policy.

B)      With Professional and Therapist

5.5.          Equigate has an internal communication system whereby you can contact Professionals and/or Therapists directly.

5.6.          You further agree that these messages may include promotional content, at the discretion of the Professional and/or Therapist as well as information about your account and Appointment(s).

5.7.          Your agreement to receive promotional messages is not a condition of using the service and can be terminated at any time.

5.8.          For information on how we use your personal information, and about promotional and marketing messages, please refer to our Privacy Policy

6.  BOOKING SYSTEM

6.1.      The Equigate Platform allows you to communicate with the Professional and Therapist who will have sent you an Invitation Link. You may check and correct any errors before confirming your Appointment.

6.2.      To book, the Client or Personal User must message the Professional and/or Therapist through the Internal Communication System. The Professional and/or Therapist will then make the Appointment in their diary. This allows the Professional and/or Therapist to continue providing their usual Service, in line with their own standard practices and policies.

6.3.      Clients are expected to act in line with the Professional’s and or Therapist’s own Terms of Sale (including any Deposit Policy, Cancellation Policy or No-Show Policy) which is a matter of discretion. Please read and check all Appointment details and any applicable Professional Terms of Sale before confirming your Appointment.

6.4.      All Services shown on the Equigate Platform are subject to availability provided by the Professional or Therapist.

6.5.      If you require a tax receipt, you need to contact the Professional or Therapist directly.

7.  PAYMENT PROCESSOR

7.1.      Equigate uses third-party Payment Processor ("stripe") to take payment for the Services accessed on the Equigate Platform. The processing of payments or credits, as applicable, in connection with your use of the Equigate Platform will be subject to the privacy policies, terms and conditions and other terms of our Payment Processor and your credit card issuer (in addition to these Terms & Conditions).

7.2.      Clients, Personal Users Professionals and Therapists continuing to use the Equigate platform consent to the Terms and Conditions set out by Stripe.

7.3.      Equigate takes reasonable care to ensure that the Equigate Payment Services are available and functioning at all times, but cannot guarantee continuous, uninterrupted, or secure access to the Equigate Payment Services, nor can we guarantee that the facility is virus or error free as this is a third-party service.

7.4.      Equigate is not responsible for any errors by the Payment Processor. Access to the Payment Processing may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions and will do what we can to restore the facility as soon as reasonably possible.

7.5.      Equigate will remain free of charge for Clients and Personal Users.

8.  TAX AND ACCOUNTING

8.1.    The Professional and/or Therapist is solely responsible for any indirect taxes (including but not limited to, sales tax, VAT, GST, or service tax) on the total value of an Appointment, plus any adjustments for additional goods or services sold or discounts applied, where applicable

8.2.    Equigate Platform accepts no liability for the tax or accounting of its Professionals or Therapists, as the Equigate Platform is merely an agent.

9. APPOINTMENT AMENDMENTS , CANCELLATIONS

A)                         Rescheduling an Appointment

9.1.         If you wish to reschedule your Appointment (e.g. time/date) in whole or in part after you have received a Confirmation, you may do so through the Equigate Platform or by contacting the relevant Professional or Therapist directly.

9.2.         You may only reschedule your Appointment if your Appointment is not due to take place within a time frame determined by the Professional and/or Therapist as set out in the Professional Terms of Sale at their discretion.

9.3.         The interval between when you may reschedule your Appointment and your scheduled Appointment start time will be determined independently by each Professional, and/or Therapist and disclosed to you at the time of making your Appointment. You should review and understand the Cancellation Policy before confirming your Appointment on the Equigate Platform. Please note that your ability to reschedule your Appointment will be subject to the Professionals’ and/or Therapists’ availability during the time you wish to reschedule.

B)                         Cancelling an Appointment

9.4.         If you wish to cancel your Appointment, you may do so through the Equigate Platform by contacting your Professional or Therapist directly. You may only cancel an Appointment through the Equigate Platform if your Appointment is not due within a specific time frame determined by the Professional and set out in the Professional’s Terms of Sale.

9.5.          The Professional and/or Therapist has discretion to impose either of the following remedies:

9.6.          Cancellation with a fee - It is at the Professionals and/or Therapists discretion to send an invoice in line with their Terms of Sale for a fee upon the Client cancelling their appointment.

9.7.          Cancellation without a fee - It is at the Professional’s and/or Therapist’s discretion to allow cancellation of appointment without a fee in line with their Terms of Sale.

9.8.          Equigate has neither authority nor liability over the discretion of the Professional or Therapist and their Terms of Sale. If you feel a breach has arisen, nothing in these Terms and Conditions will affect your legal rights.

9.9.          The interval between when you may cancel your Appointment and your scheduled Appointment start time will be determined independently by each Professional and Therapist and disclosed to you at the time of making your Appointment as part of the Professional’s Terms of Sale.

9.10.       Equigate Professionals and Therapists may choose to implement a Cancellation Policy, the terms of which will be disclosed to and confirmed by you at the time of making your Appointment. If a Professional or Therapist has such a Cancellation Policy, then the Professional or Therapist may send an invoice in line with their Terms of Sale, which may be up to the full amount (100%) of the value of the Appointment.

9.11.       If you cancel an Appointment beyond the time indicated in the Professional’s or Therapist’s Cancellation Policy, you will not be entitled to any refund unless mutually agreed between you and the Professional or Therapist directly.

9.12.       Professionals or Therapists may also choose to implement a No-Show Policy. If you fail to turn up to a Professional’s or Therapist’s Appointment at the time indicated in your Appointment, a Professional or Therapist may choose to exercise their No-Show Policy, wherein the Professional or Therapist may send an invoice in line with their Terms of Sale, an amount of up to the full amount (100%) of the value of the Appointment.

9.13.       No refund will be given where a cancellation is attempted within the time period specified in the Cancellation Policy of the relevant Professional or Therapist.

10. ACCOUNT DELETION

10.1.       Account Deletion requests can made on the Equigate Account Settings section of the Equigate Platform.

10.2.       No account can be deleted until it has been satisfied that outstanding invoices have been paid and upcoming appointments have been cancelled.

10.3.       Upon Account Deletion request you will receive an email within 2 working days with confirmation of account deletion, in the event that you have no outstanding liabilities or upcoming appointments.

10.4.       In the event that there are outstanding liabilities or upcoming appointments you will receive an email with the requisite steps to satisfy the criteria for Account Deletion.

10.5.       Any requests for account deletion may be denied at the discretion of the Equigate Platform where there are outstanding fees or upcoming appointments. If your account deletion request has been denied and you are unsure why, please refer to website for contact details.

10.6.       Upon deletion of your Account all associated data will be permanently deleted and will be unable to be recovered. The Client and Personal User must ensure that they definitely wish to delete their account and associated data before doing so.

10.7.       Due to the requirement of Equigate to consider your deletion request, the actual deletion of your account will not be immediate.

SECTION C – Professionals and Therapists

11.  THE SERVICE

11.1. Equigate offers a way to connect you to our Clients and Personal Users, who seek a range of Services in the equine and canine industry in addition to therapists providing treatment to humans. The Equigate Platform allows you to book an Appointment for a Client or Personal User and directly pay for your Services through Stripe. Equigate does not operate any Professionals or Therapists or provide any Services.

11.2. Equigate is a platform used by Clients, Personal Users Professionals and Therapists. Subject to your compliance with these Terms, Clients and Personal Users will have access to Services provided by Professionals and Therapists through our website and mobile app.

11.3. Upon registration for Equigate Services you enter into a contract with Equigate under these Terms and Conditions. However, your contract for the Services is between only yourself and the Client or Personal User.

11.4. Equigate acts only as an intermediary between you and the Clients, including acting as the agent for each Professional and Therapist to arrange and conclude your Appointment.

11.5. Professional’s and Therapist’s provision of Services and fulfilling any Appointment is subject to the Professional’s or Therapist’s Terms of Sale. Equigate is not a party to the Professional’s or Therapist’s activities between parties outside of Equigate.

12.  CLIENT/PERSONAL USER RESPONSIBILITIES

12.1.      Our Professionals and Therapists are required to provide Services as set out in the relevant Professional Contract (including any Professional Terms of Sale).

12.2.      We require our Clients and Personal Users to ensure that all information provided by them for the Equigate Platform is accurate, complete and not misleading in any way.

12.3.      Nonetheless, we cannot verify the information, which Clients or Personal Users provide. It is the responsibility of the Client and Professional User to ensure all of their information disclosed prior to, at and post appointment are accurate. Professionals and Therapists have legal rights in relation to misrepresentation or inaccurate information disclosed. Nothing in these Terms and Conditions will affect these legal rights.

13.  REGISTRATION

13.1.      In order to create an Account on the Equigate Platform as a Professional and Therapist you should go to the Equigate website as directed upon registration.

13.2.      You will be required to provide the relevant information to Equigate and Stripe upon registration.

13.3.      There is an opportunity as a Professional and Therapist to have a 30-day free trial. Upon completion of that 30-day free trial your subscription will not automatically be renewed and you will not be automatically charged. It is the Professional’s and Therapist’s responsibility to then choose their preferred payment method.

13.4.       If the Therapist or Professional subscribes via the Equigate website (https://dashboard.equigate.com/) , the Account Packages are set out below:

 Monthly Subscription ( £40 per month)

              Annual Subscription ( £400 per year)

Custom Package - (10 units - £10 or 20 units - £20)

13.5.      If the Therapist or Professional subscribes via the Equigate App the Account Packages are set out below:

Monthly Subscription: - (£45.99)

Custom Package – (10 units - £11.99, 20 units- £22.99)

13.6.      When PAYG units have run out, use of App is suspended until more units are purchased.

13.7.      Under the governing law you will not be entitled to any refunds should you cancel your subscription.

14.  OBLIGATION TO PROVIDE ACCURATE INFORMATION

14.1.      You must provide accurate and complete information to Equigate and keep this information up to date through the Equigate Platform. Equigate may verify the information that you provide and may refuse use of the Equigate Platform without providing reasons or suspend your account without notice.

14.2.      You must provide evidence of the qualifications relating to the service that you are providing.

14.3.      Under no circumstances should an individual set up a false account or provide false information in relation to their identity or their ability to provide the service that they are professing to specialise in. If a Professional or Therapist is found to have provided false information, their account will be deleted with immediate effect and without notice, and the individual would be permanently banned from the platform. Equigate reserves the right to report any such conduct to the relevant authority or governing body of that profession.

15.  SERVICE COMMUNICATIONS

A)      With Equigate Platform

15.1.       You agree to receive correspondence from Equigate on the contact details provided when registering for the service.

15.2.       You further agree that these messages may include promotional content as well as information about your account and appointment(s).

15.3.       Your agreement to receive promotional notifications is not a condition of using the service and can be terminated at any time.

15.4.       For information on how we use your personal information, and about promotional and marketing messages, please refer to our Privacy Policy.

B)      With Client and Personal User

15.5.       Equigate has an internal communication system whereby you can contact Clients and Personal Users directly.

15.6.       You agree to receive notifications from the Client and/or Personal User on the phone number you provided when registering for the Service.

15.7.       For information on how we use your personal information, and about promotional and marketing messages, please refer to our Privacy Policy.

16.  BOOKING SYSTEM

16.1.      The Equigate Platform allows you to communicate with Clients and/or Personal Users and enables you to make an Appointment(s). You may check and correct any errors before confirming your Appointment.

16.2.      To book an Appointment for the Client and/or Personal User you must message the Client and/or Personal User through the Internal Communication System. The Professional and/or Therapist will then make the Appointment in their Diary.

16.3.      Professionals will provide Terms of Sale (including any Deposit Policy, Cancellation Policy or No-Show Policy) should they wish to rely on the same.

16.4.      When you create an Appointment, it will show in the Equigate Diary and hold the relevant appointment details such as the profile of the animal or Personal User.                                                                                                                           

17.  PAYMENT PROCESS

17.1.      Clients, Personal Users, Professionals and Therapists continuing to use the Equigate platform consent to the Terms and Conditions set out by Stripe.

17.2.      Equigate uses third-party Payment Processor ("Stripe") to take payment for the Services Accessed on the Equigate Platform. The processing of payments or credits, as applicable, in connection with your use of the Equigate Platform will be subject to the privacy policies, terms and conditions and other terms of our Payment Processor and your credit card issuer (in addition to these Terms & Conditions).

17.3.      Equigate takes reasonable care to ensure that the Equigate Payment Services are available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to the Equigate Payment Services, nor can we guarantee that the facility is virus or error free as this is a third-party service.

17.4.      Equigate is not responsible for any errors by the Payment Processor. Access to the Payment Processing may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions and will do what we can to restore the facility as soon as reasonably possible.

17.5.      The only automatic transactions that will be taken are the monthly subscription fees on behalf of Equigate.

17.6.      Stripe takes a fee from each transaction of 1.5% + £0.20 for standard UK cards or 2.5% + £0.20 for EU cards. The Therapist and Professional should refer to the Stripe website for correct fees relevant to their location.

17.7.      Equigate does not control and is not responsible for price changes implemented by Stripe.

17.8.      The Therapist and Professional acknowledge that they are responsible for any price increase set out by Stripe.

17.9.      Equigate will make reasonable efforts to inform the Therapist and Professional of any third-party price increase, however Equigate shall not be held liable for delays in such notifications or any consequences thereof.

17.10.    The Therapist and Professional should refer to the Stripe website for up-to-date fees.

18.  TAX AND ACCOUNTING

18.1.      The Professional and Therapist is solely responsible for any indirect taxes (for example sales tax, VAT, GST, or service tax) on the total value of an Appointment, plus any adjustments for additional goods or services sold or discounts applied, where applicable.

18.2.      Equigate Platform accepts no liability for the tax or accounting of its Professionals or Therapists, as the Equigate Platform is merely an agent

19.  APPOINTMENTS, CANCELLATIONS & REFUNDS

A)   Rescheduling an Appointment

19.1.   If the Client wishes to reschedule their Appointment (e.g. time/date) in whole or in part after they have received a Confirmation, they may do so by contacting the relevant Professional and/or Therapist directly.

19.2.   Clients may only reschedule their Appointment if their Appointment is not due to take place within a time frame determined by the Professional and/or Therapist as set out in the Professional Terms of Sale at their discretion.

19.3.   The interval between when Clients or Personal Users may reschedule their Appointment and their scheduled Appointment start time will be determined independently by each Professional and/or Therapist and disclosed at the time of making the Appointment. Clients and Personal Users should review and understand the Cancellation Policy before confirming your Appointment on the Equigate Platform. Clients and Personal Users should note that the ability to reschedule an Appointment will be subject to the Professionals and/or Therapists availability during the time they wish to reschedule.

B)   Cancelling an Appointment

19.4.   If Clients and/or Personal Users wish to cancel their Appointment, they may do so through the Equigate Platform by contacting your Professional and/or Therapist directly. Professionals and Therapists may only allow cancellation of an Appointment through the Equigate Platform if the Appointment is not due within a specific time frame determined by the Professional or Therapist and set out in the Professional’s and Therapist’s Terms of Sale.

19.5.   The Professional and Therapist has discretion to impose either of the following:

19.6.   Cancellation with a fee - It is at the Professional’s and Therapist’s discretion to send an invoice in line with their Terms of Sale for a fee upon the Client or Personal User cancelling their appointment.

19.7.   Cancellation without a fee - It is at the Professional’s and Therapist’s discretion to allow cancellation of appointment without a fee in line with their Terms of Sale.

19.8        Equigate has neither authority nor liability over the discretion of the Professional or Therapist and their Terms of Sale. If Clients or Personal Users feel a breach has arisen, nothing in these Terms and Conditions will affect their legal rights.

19.9        The interval between when Clients and Personal Users may cancel an Appointment and the scheduled Appointment start time will be determined independently by each Professional and Therapist and disclosed to the Client or Personal User at the time of making the Appointment as part of the Professional’s or Therapist’s Terms of Sale.

19.10     Professionals and Therapists may choose to implement a Cancellation Policy, the terms of which will be disclosed to and confirmed by the Client or the Personal User at the time of making their Appointment. If a Professional or Therapist has such a Cancellation Policy, then the Professional or Therapist may send an invoice to the Client or Personal User in line with their Terms of Sale, which may be up to the full amount (100%) of the value of the Appointment.

19.11     If an Appointment is cancelled beyond the time indicated in the Professional’s or Therapist’s Cancellation Policy, neither Clients nor Personal Users will not be entitled to any refund unless mutually agreed between the Client/Personal User and the Professional/Therapist directly.

19.12     Professionals may also choose to implement a No-Show Policy. If the Client or Personal User fails to turn up to a Professional’s or Therapist’s Appointment at the time indicated in the Appointment, a Professional or Therapist may choose to exercise their No-Show Policy, wherein the Professional or Therapist may send an invoice in line with their Terms of Sale, for an amount of up to the full amount (100%) of the value of the Appointment.

19.13     No refund will be given where a cancellation is attempted within the time period specified in the Cancellation Policy of the relevant Professional.

20.  ACCOUNT DELETION

20.1.      Account Deletion requests can be made on the Account Settings section of the Equigate Platform.

20.2.      Any requests for account deletion may be denied at the discretion of the Equigate Platform where there are outstanding fees or upcoming appointments. If your account deletion request has been denied and you are unsure why, please contact Equigate.

20.3.      Your Account Deletion may take up to 31 days to be approved.

20.4.      Upon deletion of your Account all associated data, including invoices will be permanently deleted and will be unable to be recovered. The Professional and Therapist must ensure that they definitely wish to delete their account and associated data before doing so. It is the responsibility of the Professional or Therapist to save and store all relevant data prior to Account Deletion.

SECTION D – Therapy & Human Practitioners

General Conditions

21.          Whilst Equigate do require Therapists to provide up-to-date and relevant qualifications and proof that they are registered with the appropriate regulatory body, the Personal User should conduct and rely on their own research into the Therapist.

22.          Personal Users must make the Therapist aware of any and all factors that may affect treatment and/or diagnosis.

23.          Therapists will not perform any assessment or treatment without the express consent of the Personal User. This may be verbal or written and may vary depending on the individual Therapist’s Terms and Conditions.

24.          Therapists do not take appointments with Personal Users under the age of 18, (without the written consent of a guardian or parent over the age of 18 or without the presence of an appropriate adult at the appointment).

25.          Any information shared with Therapists will be regarded as confidential. Unless required by law, the Therapists undertake not to, at any time, either directly or indirectly use or disclose any information the client shares with them.

26.          Where further treatment is required, Therapists may refer Personal Users to a third party, consent from Personal Users will be obtained before this occurs. 

27.          Equigate hold no liability for the quality or effectiveness for the treatment received and any issues arising from treatment are to be resolved directly between the Therapist and the Personal User.

28.          Therapists may cease sessions for Personal Users at any time, should they reasonably believe that Personal Users have not provided them will all required information or are not following recommended advice.

29.          Please refer to each Therapist for their own full Terms and Conditions. 

SECTION E – General Terms

30.  ENTIRE AGREEMENT

30.1.      These Terms and Conditions constitute the Entire Agreement between the Equigate Platform and Professionals/Therapists and the Equigate Platform and Clients/Personal Users.

31.  NO REPRESENTATION/ NO RELIANCE

31.1.       The user acknowledges that this Terms and Conditions has not been entered into in reliance wholly or partly on any statement or representation made by or on behalf of Equigate except any such statement or representation expressly set out in these Terms and Conditions.

32.  NO WAIVER

32.1.      No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

33.  SEVERANCE

33.1.       If one or more of these Terms and Conditions is found to be unlawful, invalid, or otherwise unenforceable by a valid authority, those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

34.  THIRD PARTY

34.1        Certain components of the Services may be provided by Third Parties and are subject to separate Terms and Conditions. You must agree to those Terms and Conditions before accessing or using such Third-Party products, and you must comply with such Terms and Conditions. We may modify, remove or replace such Third-Party products or components from time to time.

35.  EXCLSUIVE JURISDICTION

35.1.       Each party to this agreement irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with this agreement, including any question regarding its existence, validity, formation or termination. For these purposes, each party irrevocably submits to the jurisdiction of the courts.

36.  FORCE MAJEURE

36.1.       Neither party is liable for any failure or delay in performing our obligations where such failure or delay results from any because that is beyond the reasonable control of that party. Such causes include, but are not limited to industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

36.2.       If the delay continues for a period of 90 days, either party may Terminate or cancel the transactions to be carried out under these Terms and Conditions.

37.  GOVERNING LAW

37.1.      These terms are governed by and construed in accordance with the governing law of England and Wales.

38.  HEADINGS

38.1.   The headings are for organisational purposes only. They have nothing to do with the interpretation or meaning of the clauses themselves.

39.  AMENDMENT

39.1.  We reserve the right to amend these Terms and Conditions as and when it is deemed necessary.

40.  LIBAILITY

40.1.       Equigate accepts no liability for any failures or negligence on the part of either party. Equigate is solely a facilitating platform enabling engagement between the Professional/Therapist and Client/Personal User and is not responsible for ensuring either party fulfils their obligations borne out of the provision of the service.

40.2.       Equigate is not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the Order Request for:

a)  any indirect, special, or consequential loss, damage, costs, or expenses or

b)  any Damage to individual, Animal or Property

c)   any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or other third-party claims; or

d)  any failure to perform any of our obligations if such delay or failure is due to any cause.

e)   any losses caused directly or indirectly by any failure or your breach in relation to your obligations.

40.3.     Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by Equigate negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

41.  INDEMNITY

41.1.      Equigate are not liable for content on the platform and by using Equigate, you acknowledge that the content you may be exposed to from other users has no association with Equigate. Users are responsible for their own content on the platform. You assume all risks in relation to the same, including accuracy of information, claims relating to intellectual property or other legal rights.

41.2.      By using Equigate you agree to compensate the indemnified party, in the event that you are an indemnifying party.

42.  TERMINATION OF THE TERMS

42.1.      Equigate may at its discretion terminate your account or use of its service at any time without prior notice. You are personally liable for any outstanding costs that you incur prior to termination.

43. INTELLECTUAL PROPERTY & IMAGE USE

43.1  All images, graphics, designs and other visual content ("Images") displayed on our website and app are the exclusive property of Equigate or are used under the appropriate licences. These Images are protected under the Copyright, Designs and Patents Act 1988 and other applicable intellectual property laws. 

43.2 Neither Clients, Professionals nor other users of the website or app under any circumstances may:

      43.2.1 Copy, download, reproduce or modify any Images without our express written permission. 

      43.2.2 Distribute, publish, transmit or otherwise make available any Images to third parties.

      43.2.3 Use any Images for personal or commercial purposes, including but not limited to advertising, marketing, or resale without obtaining prior written consent from us.

      43.2.4 Remove, alter or obscure any copyright notices, watermarks or other proprietary markings on the Images. 

43.3  Unless expressly stated otherwise, the Client's and Professional's use of our website and app does not grant them any rights, titles or interest in or to the Images. Any unauthorised use of our Images may result in legal action under Copyright, Designs and Patents 1988 and other relevant laws. 

43.4  We actively monitor the unauthorised use of our Images and reserve the right to take legal action, including but not limited to:

      43.4.1 Seeking damages for copyright infringement under Copyright, Designs and Patents Act 1988.

      43.4.2 Applying for an injunction to prevent further unauthorised use.

      43.4.3 Issuing cease-and -desist notices

      43.4.5 Reporting violations to relevant authorities and digital enforcement agencies. 

43.5  If you become aware of any unauthorised use of our content, including images, branding or logo misuse, please contact us immediately.