TERMS OF USE

Thanks for visiting our website or downloading our app! We hope you enjoy using them and the services they provide (which we'll collectively refer to as our services). Before you do, we ask you to read these terms carefully. They apply to your use of our services (whether as a guest or registered user) and by using them you confirm you accept and agree to comply with them. If you don't, then please don't use them.

You should also read our Privacy Policy as it forms part of our agreement with you. It sets out how we collect personal data from or about you, and how and what we'll use it for.

We may change these terms from time to time so check the legal information section on our website regularly. We may require you to read and accept any changes before continuing to use them. The latest version of our terms will always apply to any action you take when using our services, and you must ensure that you're happy with them at the point of any such use.

Just so you know, where we refer to a "practitioner" we mean a medical health practitioner, such as a registered general practitioner (GP), a registered nurse or registered medical specialist clinician or consultant.

Accepting these terms

You accept these terms if you use our website (you're deemed to have accepted them), or you register with us. They create a legally binding agreement between you and us which governs your use of our services. If you accept them when registering with us we grant you a non-transferable, non-exclusive licence to use our services on your devices. This means: (i) you have the right to use them for your own personal purposes. You don't own them or any of their content or services, and you can't use them for commercial purposes without our consent; (ii) you can't transfer this agreement to another person (e.g. by selling or giving your account to them, or allowing them to use your account); and (iii) we may give the same or other permissions to other users. We reserve all other rights.

By using our services or accepting these terms, you're telling us that: (i) you're 18 years old or over; (ii) you consent to us collecting and processing information about you, your health (such as your injury, the treatment you've been given by your practitioner, and your recovery) and the steps you take in combating your injury in accordance with our Privacy Policy; and (iii)you have the device owner's permission to install and use our app on their device. If that's you, great. If it's not, please check with them as there are costs associated with some content and services.

Using our services

Our services are designed only for use in the UK. They must not be used in other jurisdictions or where the laws of any jurisdiction other than the UK would apply to their use. If you choose to do so then you're solely responsible for compliance with local laws. We make no promise or representation that our services are appropriate to, or lawful in, any other jurisdiction.

Our services are provided "as is". We don't guarantee that they'll always be available or uninterrupted. Access is permitted on a temporary basis and we can suspend, withdraw, discontinue or change all or any part of them without notice (including, without limitation, where we need to deal with technical issues or make improvements to them). We won't be liable if they're not available. If you become aware of an issue with our services, we always appreciate feedback so please do contact us and let us know.

When you first register with us we'll ask you a limited number of yes/no screening questions about your injury to determine the nature of it, whether you've seen a practitioner and whether the app is suitable for it. We'll also ask you for limited information about you such as your age and sex. The answers to these questions will determine the content you see. OUR SERVICES DO NOT PROVIDE TAILORED MEDICAL ADVICE OR DIAGNOSIS. They're intended for general information purposes only and are designed simply to help you track your recovery from injury, providing you with access to generic information about how you may be able to help your recovery and how people similar to you (in injury, age and sex) may be feeling at the same stage after an injury like yours.

They do NOT address your individual circumstances and content is NOT based on, and does not take into account, your specific medical history. Information you see may be amended when you tell us you feel worse or better.

Whilst you can start using our services straight away, YOU MUST NOT USE THEM TO SELF-DIAGNOSE ANY EXISTING OR NEW INJURY, or to expand on treatments you've been given by a practitioner or to provide assistance or diagnosis to others. NEVER IGNORE PROFESSIONAL MEDICAL ADVICE in seeking treatment because of something you've read on our services.

If you have an urgent medical problem, feel unwell, develop new symptoms or increased pain or discomfort, please call your practitioner immediately, or in the case of emergencies, dial 999. Our services are not suitable for managing a medical emergency or any condition that reasonably requires face-to-face diagnosis or treatment.

Due to the nature of the Internet and technology, we can’t promise that use of our services will be uninterrupted, error-free or meet your expectations. We're not obliged to fix or support them, and we're not responsible for any loss, injury or damage that you may suffer if they're not available. Content is provided for general information and may be out of date at any time. We're under no obligation to update it. It isn't intended to amount to advice on which you should rely. We make no representation, warranty or guarantee that our services are accurate, complete, up-to-date, or free from errors or omissions.

Not all services available through our app will be available if you log into your account through our website.

Registering and logging in

When you register you'll need to provide certain information to us including your name, sex, email address, date of birth, the nature of your injury, and yes/no responses to a limited number of screening questions. You'll also need to choose a password, and may provide details of your GP. How we'll store and use this information is set out in our Privacy Policy. Remember, where your log in details are used we'll assume that we're dealing with you so you must: (i) protect your account from unauthorised access (e.g. don't choose an obvious password); and (ii) not write down your log-in details in a way that is recognisable, or let anyone else know them or use them.

You must tell us if you notice any errors in your account, or change your log-in details if you think they've been lost, stolen or damaged (or you think someone has discovered them and may be misusing them).

Prohibited behaviour

You agree not to: use our services in an unlawful manner, or for unlawful or fraudulent purposes; hack, insert or introduce malicious code, viruses, Trojans, worms, logic bombs, data or other harmful material into them; infringe our or our licensors' intellectual property rights; transmit defamatory, obscene, fraudulent, offensive, deceptive, offensive, libellous, invasive, harmful, threatening, inflammatory or objectionable content through them; harvest data or information from them, or attempt to gain access to, or decipher transmission to or from, any equipment or database running them; copy them (except where it's incidental to the normal use of them or for back-up); rent, lease, sub-license, loan, make available translate, merge, adapt, vary or modify any part of them; make alterations or modifications to them (or any part of them), or allow any part of them to become combined with or incorporated into any other program, app or website; disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of them, or attempt to do any such thing; or provide or otherwise make them available in whole or in part in any form without our consent.

You agree not to use our services in a way that: could damage, disable, impair or compromise our or a third party's systems or security, or interfere with other users, or waste time; is likely to upset, harass, embarrass, alarm or annoy anyone; promotes discrimination; discloses personal data of anyone; infringes intellectual property rights; breaches any legal or contractual duty; is in contempt of court; or, advocates, promotes, incites any third party to commit, or assist, any unlawful or criminal act.

You confirm that: all information you give us will be accurate and that you won't omit to tell us something important; you'll comply with all instructions from your practitioner; you won't pretend to be someone else when using our services; you'll promptly seek practitioner advice if you have any concerns about your health, wellbeing or injury; and you'll print off and provide to your practitioner a copy of any correspondence that we generate in your inbox.

You warrant (effectively meaning you promise) that you'll comply with the rules above. Remember you'll be responsible for losses or damages we suffer as a result if you breach them. Views expressed by others on our services don't represent our views or values.

You must not attack our services via a denial or service, or distributed denial of service attack. To do so may be a criminal offence under the Computer Misuse Act 1990 and we'll report any breach to relevant law enforcement bodies and co-operate with them (including disclosing your identity). You must comply with technology control or export laws and regulations that apply to the devices you use.

Fees and in-app purchases

There is a charge for downloading our app. You're responsible for fees you incur in accessing and using our services (e.g. Internet or mobile data charges) and making purchases through them. Some purchases may be between you and your app store so its terms (and others we highlight before you make your purchase) may apply to how they're made. Others may be through our services' Treatment Zone in which case you'll be purchasing products or services directly from a third party provider and we will not be a party to your arrangement, so the third party provider's terms will apply. Please ensure you take time to read them.

In each case we recommend you read them carefully and obtain the bill payer's permission before making the purchase. Please also ensure that you check with the third party provider that the purchase is relevant to, and correct for, your condition and symptoms before purchasing, using or relying on any such content, products or services. If in any doubt, please speak to your practitioner.

We don't guarantee that third party providers in our services' Treatment Zone will always be available, be available immediately, or that they'll provide their services within a given timeframe.

The data we collect

Our Privacy Policyexplains how we collect personal data from or about you, and how and what we'll use it for. All data you provide or which we collect about you is stored on secure servers within the European Economic Area (EEA). It may also be processed by people who work for us or for one of our suppliers. By submitting your personal data, or otherwise using our services, you acknowledge and agree to this transfer, storing and/or processing. We'll take steps that are reasonably necessary to ensure that your data is stored and treated securely and in accordance with our Privacy Policy.

Some services we provide may use location data (such as searching for your nearest treatment centre). If you give your permission, or use these services, you consent to our and third parties' transmission, collection, maintenance, retention, processing and use of your location to provide them (and to improve location-based information and services). You can withdraw your consent by turning off this functionality through your device settings. Please note, where you do so we may still collect anonymised aggregate location data to improve services or help with security.

When you use our services, we may collect and use technical information about your device and software. Our app may offer push notifications. You can change the type and frequency of these, or turn them on or off, through the settings page of our app.

Electronic communication

You consent to receive information from us about the services electronically (e.g. we'll put electronic copies of letters for you to give to your practitioner within your inbox in your account; or, we may send you push alerts or other prompts through our app). We may also send you emails about the services.

Where you consent, we may also send you electronic marketing about other products and services that we offer. You can opt out of these at any time.

Who owns our services

We own or licence all intellectual property rights in our services and the content available through them (such as logos, trademarks, documents, text, photos, videos and code) unless otherwise stated. We reserve all our and our licensors' rights in relation to them and may transfer our rights and obligations without your permission.

You can print off one copy or download extracts of any pages from our website for your personal use, and can draw attention of others to our content. You must not modify copies of content you print off or store, and may not disseminate the information (e.g. you must not distribute or make it available on file-sharing networks). Our status (and that of any identified contributors) as authors of content must always be acknowledged.

We're always keen to improve our services so may release updates from time to time (e.g. to content or functionality). Depending on the change, you may not be able to use our app until you've installed the latest update.

Our services may contain links to third party sites and services, including in the Treatment Zone. We don’t control them, we're not responsible for them, and we don't endorse or recommend them, their content, terms, services, opinions, privacy policies or other information. You'll be responsible for any contact and use you make of them (including the purchase of any products or services from them) and you do so at your own risk.

Stopping or suspending your use of our services

We may stop or suspend your use of all or parts of our services if you: fail to use them in the way intended or fail to install updates; use them in ways which aren't compliant with these terms, or in ways that breach any law or regulation; or where we've recommended that you visit a practitioner or gain other medical advice. We may also cease provision of our services through notice to you.

If we do stop or suspend your use of them, if we're able to we'll tell you. In any event you must immediately stop using them (and in the case of our app, uninstall it). You'll lose benefits, privileges and items obtained or purchased through your account (other than those made directly with third party providers through our services' Treatment Zone). We'll not offer you compensation for losses or unused items at the time we stop or suspend your use. The same applies where you choose to stop using them. If you wish to do so follow these instructions.

Please note, where we or you stop your use of our services for any reason, we will retain anonymous data about the use of our services (which may include anonymous data about how you have done so).

Our liability to you

Our services are provided “as is” and we have no liability for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of or inability to use them; any act or event beyond our control; use of or reliance on any content displayed in them; your failure to follow medical instruction or advice you receive from your practitioner; any virus, distributed denial-of-service attack, or other technologically harmful material that infects your equipment, programme or data due to your use of them; any content from websites or services linked to from them; any delays or lack of performance of any services purchased or requested by you from third party suppliers in our services' Treatment Zone (you're contract is directly with them and we're not a party to it); and/or, any treatment provided by a third party provider or practitioner.

You must consider your own safety. If you're intending to, or otherwise required to, for example drive any vehicle, operate heavy or dangerous machinery or cutting equipment, you must consider whether you should be doing so given the symptoms you're experiencing. If there is any doubt about your ability to do so, or the appropriateness of you doing so, you must consult your practitioner (please also remember that you may have a duty to notify other third parties such as the Driving and Vehicle Licensing Agency (DVLA)). We'll have no liability for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or as a result of you undertaking such activity where you should not have done so, or where it was otherwise inappropriate or inadvisable to do so.

We don't guarantee that our services will be secure or free from bugs or viruses. All promises, warranties, representations, conditions and other terms of any kind implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from our agreement with you.

Remember our services are for domestic and private use only and are NOT a replacement for professional medical advice, diagnosis or treatment. Please see our earlier statements under 'Using our App' above.You agree not to use them for self-diagnosis, diagnosis of others, commercial or business purposes, and we've no liability to you for loss of profit or business; business interruption; loss of business opportunity; or for any indirect, incidental, punitive and/or consequential losses or damages.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, fraud (or fraudulent misrepresentation) or any other liability that cannot be excluded or limited by English Law, or affects any rights you may have as a consumer.

Except as set out in the paragraph above, our maximum aggregate liability in contract, tort, or otherwise (including liability for any negligent act or omission) arising out of or in connection with the performance of our obligations under these terms in respect of any one or more incidents or occurrences shall be limited to £[ ].

About Us

We're Get U Better Limited, a company registered in England and Wales (company number 08330528). Our office is Albion Dockside Building, Hanover Place, Bristol. BS16UT. UK. Our VAT number is 191176892. You can contact us at:info@getubetter.com, we don't guarantee direct responses to queries. When contacting us we strongly recommend you don't email us confidential or personal information. If you do, it's at your own risk.

Law

These terms, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However if you're resident in Northern Ireland you can bring proceedings in Northern Ireland. Equally if you're resident in Scotland, you can bring proceedings in Scotland.

Third party licence terms

If open source software is used in the services, the terms of any relevant open source software licence may override or supplement these terms.