Effective Date: 23.01.2025

1.    Introduction
These Terms of Service (“Terms”) outline the terms and conditions of your use of our website at https://www.altusclinic.com/ (our “Site”) and an independent portal on Practice Better (our “Portal”), as well as your use of our integrated healthcare services (“Services”). By accessing or using our Site, Portal and Services, you agree to these Terms in full. If you do not agree with these Terms, please refrain from using our Platform and Services.

You must accept these Terms along with other policies, agreements and consents related to your use of our Services. This includes our Privacy Policy, Cancellation and Refund Policy and consent forms.

If you are using our Services on behalf of an organisation, company or other legal entity (“Organisation”), you represent and warrant that you have the authority to bind the Organisation to these Terms and that your acceptance of these Terms constitutes the Organisation’s agreement to be bound by them in full.

2.    Use of the Portal

We use the Portal to facilitate interactions between you and us. Please note that the Portal is operated by Practice Better, a third-party provider and is subject to its own terms of service, privacy policies and operational standards.

While we strive to ensure a seamless experience, we are not responsible for any interruptions, errors, security vulnerabilities or other issues arising from the use of the Portal. Any disputes, technical problems or data concerns other than those you provide to us directly via the Portal must be addressed directly with the Practice Better support team.

By accessing the Portal to engage with us, you agree to comply with both these Terms and the terms outlined by Practice Better on their website at https://practicebetter.io/.

3.    Eligibility for Use

To use our Site, Portal and Services, you meet the following:

•       You must be at least 16 years old or the age of majority in your jurisdiction. If you are below 16, you may only use our Site, Portal and Services if we receive verifiable consent from at least a parent or legal guardian on your behalf. To be sure, we reserve the right to verify you.

•       You must be of legal age to enter into a binding agreement with us and agree to comply with these Terms.

•       Your use of our Site, Portal and Services must not be in violation of any applicable law, statute or regulation; and

•       You must not have been previously barred from our Services.

4.    Service Availability

Altus Clinic strives to provide uninterrupted Services to its users and clients; however, certain circumstances may cause our Services to be interrupted, suspended, modified, updated, discontinued or unavailable in specific locations. These events may occur without prior notice. Altus Clinic cannot be held responsible for any inconvenience, disruption or inaccessibility caused by such occurrences.

You hereby acknowledge that Altus Clinic is not liable for service interruptions, regardless of whether they are planned or unforeseen. In such cases, you understand that you are not entitled to refunds, credits or any form of compensation for disruptions to Service availability.

5.    Privacy and Data Usage

We collect, use and protect your health and other data you provide via our Site and Portal in accordance with the General Data Protection Regulation (GDPR) and other applicable laws.  Our Privacy Policy describes the data we collect, how we collect it, how we use it, who we share it with and other important disclosures regarding your data.

You must read and agree to our Privacy Policy to use our Site, Portal and Services. By using our Site, Portal and Services, you consent to our data protection practices as described in our Privacy Policy.

Please note that when you use the Portal, you are subject to additional privacy by Practice Better, the platform provider. As a user of the Portal, you should also review the privacy policy of Practice Better on its website. It describes the data you submit that is specific to the platform.

6.    Information Disclaimer

The information provided on our Site, Portal and Services, including content, consultations, health programs and other offerings, is intended for general informational and professional purposes. While Altus Clinic’s team consists of licensed and qualified practitioners, including Dietitians, Behaviour Change Coaches, Psychotherapists and Clinical Exercise Physiologists, the content on our Site, Portal and Services is not a substitute for personalised medical advice, diagnosis or treatment.

The Services provided by Altus Clinic are tailored to individual client needs and are based on evidence-based practices. However, Altus Clinic does not guarantee specific outcomes or results, as these depend on individual factors, including client participation and adherence to recommendations.

In the event of a medical emergency or a situation requiring urgent care, do not rely on information from our Site, Portal or Services. Instead, contact your local emergency services or a licensed healthcare provider immediately. Altus Clinic is not equipped to provide emergency medical services or crisis intervention.

By accessing and using our Site, Portal and Services, you acknowledge that Altus Clinic is not liable for any decisions, actions or outcomes resulting from such use. For any medical concerns or questions, please consult your healthcare provider.

7.    Electronic Communications

When you use our Services or communicate with us electronically (including through the Site, email or the Portal), you consent to receive communications from us electronically. This includes notices, agreements, disclosures and other information related to your use of our Services.

We may communicate with you via email, through the Portal, or by posting notices on our Site. You agree that all such communications satisfy any legal requirements that such communications be in writing.

8.    Prohibited Uses

When accessing or using our Site, Portal and Services, you agree to comply with all applicable laws and regulations. You further agree not to engage in any of the following prohibited activities:

•       Using our Site, Portal or Services for any illegal purposes;

•       Attempting to disrupt, damage or interfere with the functionality of our Site, servers, networks or systems, including through the introduction of viruses, malware or other harmful code;

•       Attempting to gain unauthorised access to any portion of the Site, systems or networks connected to it, whether through hacking, password mining, or other means;

•       Impersonating another person, entity or Altus Clinic staff or falsely stating or otherwise misrepresenting your affiliation with any person or entity;

•       Using any automated system, including bots, crawlers or spiders, to access the Site or extract data for any purpose without express permission from Altus Clinic or provider;

•       Engaging in threatening, abusive, harassing or invasive behaviour towards Altus Clinic staff, practitioners or third parties; and

•       Engaging in deceptive practices or activities that could harm the reputation or operation of Altus Clinic, including submitting false or misleading information.

Altus Clinic reserves the right to investigate and take appropriate legal action against anyone who violates these Terms, including reporting to law enforcement authorities if necessary.

9.    Intellectual Property Rights and License

All content available on our Site, including but not limited to text, graphics, images, videos, logos, designs, and other materials (collectively referred to as "Content"), is the property of Altus Clinic or its licensors and is protected by applicable copyright, trademark and other intellectual property laws in Ireland and other locations. The Content is provided solely for informational and personal use in connection with our Services.

We grant you a limited, non-exclusive and non-transferable license to access and use the Content for personal, non-commercial purposes. Any modification, reproduction, distribution, publication, display or creation of derivative works from the Content is strictly prohibited without our prior written consent. Any commercial use of our Content without our written authorisation may result in legal action.

All trademarks, service marks and logos displayed on the Site are the exclusive property of Altus Clinic or their respective owners. The use of these marks is strictly prohibited without explicit written permission. Nothing on our Site should be construed as granting any license or rights to use any trademarks, service marks or logos displayed herein.

10. Feedback

We welcome your feedback, reviews, testimonials, comments and suggestions (collectively, "Feedback") about our Services. By submitting Feedback to Altus Clinic, you agree that we may use it for any purpose without restriction or obligation to you. Specifically, you grant us a perpetual, irrevocable, royalty-free, transferable and sublicensable license to use, reproduce, modify, publish, distribute and otherwise exploit the Feedback in any manner we see fit.

Please note that any Feedback you provide will be considered non-confidential. Altus Clinic has no obligation to treat your Feedback as confidential or to compensate you for using it. By sharing your ideas or suggestions, you acknowledge that they may be used or implemented at our sole discretion.

While we appreciate all Feedback, we are under no obligation to act upon or incorporate any suggestions you provide. Additionally, any Feedback you submit must comply with these Terms, including the provisions on prohibited activities and intellectual property rights.

11. Termination of Access

Altus Clinic reserves the right to restrict, suspend or terminate your access to our Site, Portal and Services at any time, without prior notice, for any reason, including but not limited to your violation of these Terms.

We may also revoke your access if we determine that your use of our Site, Portal or Services:

•       Violates applicable laws or regulations.

•       Interferes with their functionality, security or operation.

•       Infringes on the rights of Altus Clinic, its team members or other users and clients.

Termination of access does not waive or limit any other rights or remedies available to Altus Clinic under these Terms or applicable law.

12. Third-Party Links and Services

Our Site and Content shared with you may contain links to third-party websites, services or resources that are not owned, operated or controlled by us. These links are provided solely for your convenience and informational purposes. The inclusion of any third-party link does not imply endorsement, sponsorship or approval of the third-party website or its content by Altus Clinic.

Altus Clinic is not responsible for the availability, accuracy or content of third-party websites or any services, products or resources they provide. Your interactions with third-party websites, including any transactions or agreements you enter into, are solely between you and the third party. We recommend that you review the terms and privacy policies of any third-party websites you access through links on our Site.

By using our Site and Services, you acknowledge and agree that Altus Clinic shall not be held liable for any loss, damage or harm resulting from your use of or reliance on any content, goods or services provided by third-party websites.

13. Disclaimer of Warranties

Our Site, Portal and all Content and features provided through them are offered on an "as is" and "as available" basis without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we hereby disclaim all express or implied warranties of merchantability, fitness for a particular purpose, non-infringement and any warranties arising out of the course of dealing, usage or trade practice.

Altus Clinic does not warrant that our Site and Portal will be uninterrupted, error-free, secure or free of viruses or other harmful components. Additionally, we make no representations or warranties regarding the accuracy, completeness, reliability or timeliness of the Content or information available on our Site and Portal.

Some jurisdictions do not allow the exclusion of certain warranties. In such cases, the above exclusions may not apply to you, and you may have additional rights under applicable law.

14. Limitation of Liability

To the fullest extent permitted by applicable law, Altus Clinic, its founders, practitioners, employees, contractors, affiliates and agents shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to loss of profits, data, business opportunities, goodwill or other intangible losses, arising out of or in connection with:

•       Your use of our Site and Portal;

•       Reliance on any Content, information or materials available through our Site, Portal and Services;

•       Any third-party website, resources or services accessed through our Site and Content; and

•       Any interruption, errors, viruses or other harmful components encountered while using our Site and Portal.

In the event Altus Clinic is found to be liable for any claims under these Terms and its Services, our total liability shall not exceed 100 EUR or its equivalent in your currency.

15. Indemnification

You agree to indemnify, defend, and hold harmless Altus Clinic, its founders, practitioners, employees, contractors, affiliates, agents and partners from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable legal fees, arising out of or related to:

•       Your use or inability to use our Site or Portal;

•       Your violation of these Terms or any applicable laws or regulations;

•       Your violation of any third-party rights or intellectual property, including the Portal; and

•       Your misuse of our Site, as described in the prohibited activities list above.

We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate fully in defense of such claims. You shall not settle any matter without the prior written consent of Altus Clinic.

16. Modification of Terms

We reserve the right to modify or update these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on our Site, unless otherwise specified. We encourage you to review these Terms periodically to stay informed of any updates.

Your continued use of the Site and Services after the posting of any modifications constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must discontinue your use of our Site and Services.

17. Governing Law and Applicable Law

These Terms and any disputes or claims arising out of or in connection with them or our Site, Portal and Services shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of laws principles.

You agree that any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the courts of Ireland. By using our Site, Portal and Services, you consent to the jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue on the grounds of inconvenient forum or any other basis.

18. General Provisions

a.     Entire Agreement. These Terms, along with our Privacy Policy and any other legal notices published on our Site or provided in connection with our Services, constitute the entire agreement between you and Altus Clinic concerning your use of our Site, Portal and Services. They supersede and replace any prior agreements, communications or understandings, whether written or oral, relating to the subject matter.

b.    Severability. If any provision of these Terms is found to be unlawful, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain fully effective and enforceable to the maximum extent permitted by law.

c.     No Waiver. Altus Clinic’s failure to enforce or exercise any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms must be in writing and signed by an authorised representative of Altus Clinic.

d.    Force Majeure. Altus Clinic shall not be held liable for any failure or delay in fulfilling its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labour disputes, pandemics or interruptions in communication or utility services.

e.     Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction, provided that such transfer does not affect your rights under these Terms.

f.      Survival. Any provisions of these Terms that, by their nature, should survive termination shall remain in full force and effect, including but not limited to provisions relating to indemnity, limitation of liability, governing law and dispute resolution.

g.     Relationship. No agency, partnership, joint venture or employment relationship is created as a result of these Terms. You agree that you are using our Site, Portal and Services solely as an independent party.

19. Contact Us

If you have any questions, issues, complaints, feedback or concerns regarding these Terms, please contact us at info@altusclinic.com or use our Portal.