**IMPORTANT – These Standard Business Terms for Buyers (hereinafter referred to as the “Standard Business Terms”) are a legal agreement between each individual person or entity (referenced herein as a “buyer”) and PhysioMaker (hereinafter referred to as “we” or “us”) that applies each time a buyer uses our website and its available functionality (referenced herein as the “Online Platform”) or purchases a good or service from the Online Platform. Each buyer should therefore read carefully the following terms and conditions contained in these Standard Business Terms as they govern use of the Online Platform and available purchases therefrom. **

General Terms

By accessing or using the Online Platform, buyer represents and warrants that buyer is at least 18 years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Online Platform. In addition, buyer agrees to abide by all applicable local, state, national, and international laws and regulations with respect to buyer’s use of the Online Platform or the utilization of any available product or service.

The Online Platform is owned by PhysioMaker, Copyright 2021 © PhysioMaker and/or its licensors. All rights reserved. PhysioMaker, its logo, and all other names, logos, and icons identifying it and its software, solutions, products, and services are proprietary trademarks of PhysioMaker, and any use of such marks without the express written permission of PhysioMaker is strictly prohibited.

Performance by PhysioMaker

The Online Platform is made available by PhysioMaker, and these Standard Business Terms provide to the buyer a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use the Online Platform in order to review information and purchase available products or services. PhysioMaker reserves all rights not expressly granted by these Standard Business Terms. Accordingly, buyer may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove the products purchased, or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Online Platform. 

Buyer has the ability to purchase a variety of products or services via the Online Platform. In addition, PhysioMaker offers the opportunity to purchase subscriptions that may also offer products or the rendering of services.

Purchase Process

Placing a product, service, or subscription opportunity in the online shop does not represent a binding offer on the part of PhysioMaker to conclude a purchase agreement with buyer. In order to complete a purchase, buyer must place the desired merchandise into the cart and then enter the order data into the order form. After selecting the desired payment form, and formally accepting these Terms of Use, buyer then submits a binding offer by clicking the “Buy now” button.

PhysioMaker is entitled to reject contract offers without need to state the reason(s).Offers by PhysioMaker are non-binding and subject to change.

Software

In the event that a product offers use of software, such software is provided subject to the respective license terms and conditions, which (as noted above) are in addition to these Standard Business Terms.

Regardless, such software may not be used except as expressly permitted by the respective license terms and conditions and in general, may not otherwise be duplicated, adapted, translated, made available, distributed, modified, disassembled, decompiled, re-translated, or combined with other software.

  1. Prices

The prices in effect at the time an order is placed are those that are applicable to such order.

Applicable fee(s) or price(s), including the purchase price and other charges, is immediately due for payment.

Amounts due for payment by buyer will be identified on the order form.

Payment terms

PhysioMaker offers buyers different payment method options.

Subject to the terms and conditions set forth herein, applicable refunds will be provided using the same payment method selected in connection with the original transaction

We are entitled to demand disclosure of the account holder’s personal information from the institution maintaining buyer’s account for purposes of enforcing our claims under applicable law should buyer, following the expiry of a reasonable period granted by us, not repay the amount wrongfully obtained following a reversal of payment and concurrent refund by us. Furthermore, we reserve the right to file a criminal complaint in such cases.

Refund

No refund is available for the purchased products. In the event the digital content has been corrupted or does not perform as prescribed, we may offer buyer the opportunity to re-access the digital content.

Delivery and Delivery Time

The purchased product shall be made available to the Buyer after payment.

Warranty

Unless otherwise noted or as limited by applicable law, all products are provided AS-IS and AS-AVAILABLE.

  1. Limitation on Liability

The Online Platform is provided AS-IS and AS-AVAILABLE. Access to the Online Platform may be interrupted or limited on an occasional basis in order to perform repairs, maintenance, or to install new equipment.

IN NO EVENT SHALL PhysioMaker BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PRODUCTS AND THE ONLINE PLATFORM OR WITH THE DELAY OR INABILITY TO USE THE ONLINE PLATFORM, EVEN IF PhysioMaker HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Buyer is required to indemnify and hold PhysioMaker harmless in relation to any breach of these Standard Business Terms by buyer.

  1. Place of Performance; Jurisdiction; Applicable Law

These Standard Business Terms are governed and construed in accordance with the laws of the Republic of Albania. The exclusive place of jurisdiction for all disputes arising under, or in connection with, the Standard Business Terms is the State of Albania and its competent courts.

Buyer may not use the Online Platform or any of PhysioMaker data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. PhysioMaker reserves the right to view, monitor, and record activity on the Online Platform without notice or permission from buyer. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Online Platform as well as to disclosures required by or under applicable law or related government agency actions. In addition to the foregoing, PhysioMaker reserves the right to, at any time and without notice, modify, update, suspend, terminate, or interrupt operation of or access to the Online Platform, or any portion of the Online Platform in order to protect the Online Platform or PhysioMaker.

  1. Miscellaneous

Buyer and PhysioMaker are independent contractors.

Buyer is not entitled to assign rights under these Standard Business Terms to third parties absent our consent. Failure to insist on strict performance of any of these Standard Business Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by PhysioMaker of any right under these Standard Business Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

If any part of these Standard Business Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Standard Business Terms shall continue in effect.

These Standard Business Terms (and any supplemental terms applied with the purchase of a product, service or subscription) represent the entire agreement between buyer and PhysioMaker with respect to use of the Online Platform and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between buyer and PhysioMaker with respect to the Online Platform. PhysioMaker also provides the available products exclusively on the basis of these Standard Business Terms.

  1. Contact Information

If a buyer has any questions regarding these Standard Business Terms or if a buyer is interested in obtaining more information concerning PhysioMaker or this Online Platform or any available products, please contact us.

 

 I have read and agree to the website terms and conditions *