TREATMENTZONE™ PARTNER TERMS
Thanks for your interest in registering your business in Our TreatmentZONE™. TreatmentZONE™ provides a marketplace where GetUBetter users can find and contact high quality healthcare providers near to them.
Registering enables you to advertise your business' services to them. All We ask in return is that you read and abide by these terms which govern the services We provide (which We'll refer to as Our Services). By registering you confirm you and your business will do so. If you don't agree, then please don't register.
We may change these terms from time to time and will notify you where We intend to do so. We'll require you to read and accept any changes before continuing to use Our Services.
Just so you know, where We refer to a practitioner in these terms, We mean a registered medical health practitioner, such as a general practitioner (GP), a nurse, physiotherapist, Osteopath or medical specialist clinician or consultant.
Accepting these terms
As the person completing the registration form and accepting these terms, you must have authority to bind your business as these terms create a legally binding agreement between it (being the business named on the registration form) and us, Get U Better Limited (We, Us and Our) which governs the use of Our Services. From here on if We use You or Your We're referring to both you and your business. Where we refer to you, we're referring to you as the individual completing the registration form.
Under these terms We grant you a non-transferable, non-exclusive UK licence to use Our Services for and on behalf of your business. This means: (i) you've the right to use them for Your commercial purposes. You don't own them or any of their content (except for any You provide); (ii) you can't transfer this agreement to another person (e.g. by selling or giving Your account to them, or allowing a colleague to use it); and (iii) We may give the same or other permissions to other TreatmentZONE™ partners. We reserve all other rights.
As the person completing the registration form by accepting these terms you confirm that: (i) you've authority to bind your business to these terms; (ii) your business has professional indemnity insurance of at least £1000000 and occupier's liability insurance of at least 500000 (in each case per event or series of connected events); and (iii) only practitioners will provide the services that your business advertises. We reserve the right to require You to re-confirm these statements at any time and to keep an auditable record of Your having done so.
Once You've accepted these terms, they'll remain in full force until terminated in accordance with them.
Our Services allow You to advertise healthcare services to, and receive introductions to, GetUBetter users. They are designed for use in the UK and must not be used in other jurisdictions or where another jurisdiction's laws apply. If You're located outside the UK, please don't register. We make no promise or representation that Our Services are appropriate to, or lawful in, any other jurisdiction.
Our Services are provided "as is". 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 any issue with Our Services, We always appreciate feedback so please let Us know.
Due to the nature of the Internet and technology, We don'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. We make no representation, warranty or guarantee that Our Services are accurate, complete, up-to-date, or free from errors or omissions.
Registering and logging-in
Remember, where your log-in details are used We'll assume We're dealing with you so you must: (i) protect your account from unauthorised access; and (ii) not write down log-in details in a way that is recognisable, or let anyone else know them or use them (even if they're a colleague). If You have multiple users across Your business, they'll each need to separately register with Us.
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). Where activity takes place on Your account due to any of the foregoing, We'll not be responsible for any such activity if You've not told us.
You can create listings within the TreatmentZONE™. These will be shown to our users when they search for particular types of treatment (e.g. physiotherapy). They can click on Your listing to find out more - please note that this does not create a booking on Your system. We simply send You an email with the user's name, contact details and their requested service. It is Your responsibility to contact them and confirm the date, time and location of their appointment and to take payment for it.
To create a listing You'll need to provide details about the location at which Your services will be provided and details of the healthcare service You wish to provide. Listings can be for a maximum period of 12 months from the first date that it is listed. We do ask that if You're pricing is below Your normal rates, or the service different to Your normal offer (i.e. there's an additional perk) or if You're time limiting the offer or limiting the number of sales You say so!
When providing details of the location, You must provide details of a practitioner who is, and will be, responsible for the delivery of Your services at the relevant location. You're responsible for ensuring that these details remain accurate at all times and You must amend them if changes occur.
We reserve the right to change where, when and how listings are displayed to, and the layout and functionality of Our website and/or app. We don't guarantee the time or date that listings will go live, the position they'll return in searches, nor a minimum or maximum number of clicks or impressions that they'll receive.
We don't offer exclusivity to you in any way, including in respect of a healthcare treatment, location or sector.
Content and 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 other than content You provide), 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; provide or otherwise make them available in whole or in part in any form without Our consent; or use them in a way that is prejudicial to Us as owner and operator of Our Services.
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 TreatmentZONE™ partners, 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 won't pretend to be someone else when using Our Services; You have in place and will maintain all necessary licences, consents, clearances and permissions necessary to use Our Services and to provide data and content to Us; all advertising, content and other material You provide to Us will comply with: (i) all laws, rules, regulations and guidance applicable to You and Your business (including without limitation that relating to the promotion and sale of healthcare services); and (ii) any requirements We notify to You from time to time.
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 in your business.
Throughout the duration of these terms, You'll comply with all laws, rules, regulations and guidance applicable to You and Your business.
You warrant (effectively meaning You promise) that You'll comply, and ensure that your staff will comply, with the rules above. You'll indemnify Us and hold Us harmless from any liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) suffered or incurred by Us arising out of or in connection with Your breach of them.
Views expressed by others on Our Services don't represent Our views or values.
When You use Our Services, We may collect and use technical information about Your device and software.
We reserve the right to require further details of the practitioners that You register at any time (including, without limitation in the event of a complaint or regulatory enquiry).
When You contact a user using contact details We provide to You, You must inform them as to how You'll store and process their data in the future.
It is free to register as a TreatmentZONE™ partner. We charge a fee:
§ where You create a listing. Each listing entitles You to: (i) one postcode; and (ii) one category of treatment (e.g. physiotherapy or osteopathy).
§ where You register Your listing in additional postcodes and/or categories of treatment.
§ for each introduction made through Our Services. Where a user rebooks with You for the same treatment through the same listing (i.e. before that listing expires or ends) no additional introduction fee will be payable.
§ when You renew a listing (if You don't make any changes to it, the same types of fee will apply on renewing in accordance with Our then current rates).
Our introduction fees are not linked to the cost or value of the service You provide or advertise. As this relates to the introduction of a user, it's payable whether or not they actually confirm their booking, and whether or not payment is obtained by You from them. Remember, We're not responsible for obtaining any payment(s) from users for any treatment or service that You provide.
All fees are non-refundable and will be automatically charged to the card that You register with us. Please refer to Braintree’s/PayPal’s Terms and conditions. We'll let You know that We've taken payment by sending You an invoice to the email address registered with Us.
We're not responsible for obtaining any payment(s) from users for any treatment or service that You provide.
We reserve the right to change Our fees at any time.
You, as the individual completing the registration form, consent to receive information from Us about Our Services electronically. 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 grant us a non-exclusive, worldwide, royalty-free licence throughout the duration of these terms to use Your trademark and any content You provide: (i) within Our website, app and TreatmentZONE™; (ii) to display Your content and offers to users; (iii) to permit Our users to access, view, print, download and use Your content within, and as a result of using, Our website and app; and (iv) in Our marketing and promotion of Our Services, Our website and app with Your consent (not to be unreasonably withheld, conditioned or delayed).
You can print off one copy or download extracts of Our website for internal use within Your business, and can draw attention of others to Our Services. 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 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).
Our Services may contain links to third party sites and services. 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're responsible for any contact and use You make of them and 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 immediately (including removing listings) if You: fail to use them in the way intended or fail to install updates; or, use them in ways which aren't compliant with these terms, or in breach any law or regulation. We may also cease provision of Our Services immediately where required to do so by any regulatory authority, or otherwise through not less than 14 days' notice to You at any time.
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. The same applies where You choose to stop using them. If You wish to do so follow the instruction on the website. .
Please note, where either of us stop Your use of Our Services for any reason, We'll retain anonymous data about the use of Our Services (which may include anonymous data about how You've 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; 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 claims from users relating to delays or lack of performance of any services purchased or requested by them from You (Your contract is directly with them and We're not a party to it); and/or, any claims from users relating to treatment provided (or not provided) by You to them.
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.
You are responsible for the accuracy of Your listings (including any pricing errors that arise from Your completion of Our online forms).
We've no liability to You under these terms for loss of profit or business; business interruption; loss of business opportunity; or for any indirect, incidental, punitive and/or consequential losses or damages (whether or not they were foreseeable).
You'll indemnify Us and hold Us harmless from any liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) suffered or incurred by Us arising out of or in connection with: (i) any claims from users relating to delays or lack of performance of any services purchased or requested by them from You; (ii) any claims from users relating to treatment provided (or not provided) by You to them; (iii) any breach by You of the Data Protection Act 1998 and associated data and privacy legislation; and, (iv) any breach by You of any laws, rules, regulations or guidance applicable to You and/or Your business.
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.
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 £100 .
Other legal bits and pieces
These terms constitute the entire agreement between us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter. We both agree that neither of us will have any remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that isn't set out in these terms. We both agree that neither of us will have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
Both of us shall, and shall use all reasonable endeavours to procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may reasonably be required to give full effect to these terms.
No one other than You and Us shall have any right to enforce any of these terms.
You'll: (i) comply with all applicable laws, regulations and codes relating to anti-bribery and anti-corruption (including but not limited to the Bribery Act 2010); (ii) not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK; (iii) have and maintain in place throughout the duration of these terms Your own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance, and You'll enforce them where appropriate; (iv) promptly report to Us any request or demand for any undue financial or other advantage of any kind received by You in connection with these terms; and (v) immediately notify Us in writing if a foreign public official becomes an officer or employee of You or acquires a direct or indirect interest in You, and You warrant that no foreign public officials are direct or indirect owners, officers or employees of You when entering into these terms.
Nothing in these terms is intended to, or shall be deemed to, establish any partnership or joint venture between us, constitute either of us the agent of the other, or authorise either of us to make or enter into any commitments for or on behalf of the other.
In the event that a user contacts us to complain about any aspect of the services that You advertise or provide, We reserve the right to conduct an investigation into Your conduct and to refer the complainant on to You and/or any relevant regulatory or law enforcement body.
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, BS1 6UT. Our VAT number is 191176892. You can contact us at www.getubetter.com. When doing so We strongly recommend You don't email Us confidential information. If You do, it's at Your own risk.
These terms, their subject matter and formation, are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction.
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.