getUBetter

TERMS OF USE

Thanks for visiting our website or downloading our app! We hope you enjoy using them and the services they provide (we collectively refer to the website, app and these services as our services).

Who we are, and what these terms cover

Before you use our services, 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 the service you confirm you accept and agree to comply with them. If you do not agree to these terms, then you must not use the service.

The services are provided by Get U Better Limited (we, us or our), 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 should also read our Privacy Policy as it forms part of these terms. It sets out how we collect, share, use and store your personal data. Our Privacy Policy can be found here: www.getubetter.com

We may change these terms from time to time so check the legal information section on our website regularly. We will use reasonable endeavours to give you notice of such change, and we may require you to read and accept any changes before continuing to use the service. Your continued use of the service after such changes have come into force will constitute your acceptance of the amended terms.

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

Your right to use our service

In accepting these terms we grant you a non-transferable, non-exclusive licence to use our services on your devices. This means:

  1. you have the right to use the services for your own personal purposes. You don't own them or any of the content created in, and you can't use the services for commercial purposes;

  2. you can't share or transfer the services to another person (e.g. by selling or giving your account to them, or allowing them to use your account); and

  3. 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 are telling us that: (i) you're 18 years old or over; and (ii) you have the device owner's permission to install and use our app on their device.

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 our services always be available or uninterrupted. Access to the services 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 the services are not available. If you become aware of an issue with accessing or using 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. Please see our Privacy Policy (above) for more on how your information is used.

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.

Registering and logging in: keep your passwords safe

When you register you'll need to provide certain information to us including (among other things) 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 (optional). 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 must not:

  1. use our services in an unlawful manner, or for unlawful or fraudulent purposes;

  2. hack, insert or introduce malicious code, viruses, Trojans, worms, logic bombs, data or other harmful material into the services;

  3. infringe our or our licensors' intellectual property rights; transmit defamatory, obscene, fraudulent, offensive, deceptive, offensive, libellous, invasive, harmful, threatening, inflammatory or objectionable content through the services;

  4. harvest data or information from the services, or attempt to gain access to, or decipher transmission to or from, any equipment or database running the services;

  5. copy the service (except where it's incidental to the normal use of them or for back-up);

  6. rent, licence, sub-license, loan, make available translate, merge, adapt, vary, or modify any part of the services;

  7. make alterations or modifications to the services (or any part of them), or allow any part of the service to become combined with or incorporated into any other program, app or website;

  8. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the service, or attempt to do any such thing; or

  9. provide or otherwise make the service available in whole or in part in any form without our consent.

You agree not to use our services in a way that:

  1. could damage, disable, impair or compromise our or a third party's systems or security, or interfere with other users, or waste time;

  2. 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; or

  3. 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 (if requested by your practitioner) you'll print off and provide to your practitioner a copy of any correspondence that we generate in your inbox.



You must also 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.

Download fees

There may be a fee 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. We are not party to any agreements between you and your app store provider.

Your personal data

Our privacy policy explains how we collect personal data from or about you, and how and what we'll use it for.

We encourage you to take the time to review our Privacy Policy. Please see our Privacy Policy here: www.getUBetter.com



When you use our services, we may collect and use technical information about your device and software in accordance with our Privacy Policy. 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 and marketing

The app has an inbox where you will receive information from us about the services electronically (e.g. we'll put electronic copies of letters for you to give to your practitioner; or, we may send you push alerts or other prompts through our app.

Please see our Privacy Policy for further information on how we use your personal data for marketing purposes.

Who owns the 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.

Stopping or suspending your use of our services

We may suspend or terminate your access to the services if you are in breach of any of your obligations in these terms. Remember you'll be responsible for losses or damages we suffer as a result if you breach these obligations.

We may also suspend or discontinue our services with or without notice at any time and without any liability to you.

Changes to the service

We may update the service from time to time and may change any of the content at any time. However, we are under no obligation to update the service and we do not guarantee that the Service, or any content on it, will be free from errors or omissions.

We may change the service at any time without any liability to you. We will use our reasonable endeavours to notify of such change to you.

Our liability to you

Our services are provided “as is”, and we do not guarantee that the service, or any content or data on it, will always be available or uninterrupted.

We will 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: your use of or inability to use the service; any act or event beyond our control; use of or reliance on any content displayed in the service; your failure to follow medical instruction or advice you receive from your practitioner; or any virus, distributed denial-of-service attack, or other technologically harmful material that infects your equipment, programme or data you receive as a result of your use of the service.

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.

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.



Free Prize Draw Terms and Conditions for getUBetter Survey

  1. By entering the prize draw you are agreeing to these prize draw terms and conditions.

  2. The prize draw is being run by getUBetter of Albion Dockside Bldg, Hanover Pl, Bristol BS1 6UT.

Eligibility to enter

  1. The prize draw is only open to registered users of the getUBetter app who have been contacted to participate in an online survey that is open from 14/12/2020 and now extended the close date from 31/03/2021 to 30/04/2021.

  2. In entering the prize draw, you confirm that you are eligible to do so and eligible to claim any prize you may win.

  3. A maximum of one entry per individual is permitted.

  4. The prize draw is free to enter.

How to enter

  1. The prize draw opens at 6pm on 14/12/2020 and closure has been extended from midnight on 31/03/2021 to midnight on 30/04/202. Late entries will not be accepted.

  2. To enter the prize draw eligible individuals must complete the online survey and provide a valid email address at the end of the online survey that they can be contacted on, if they win.

  3. getUBetter will not accept responsibility if contact details provided are incomplete or inaccurate; or for prize draw entries that are lost, mislaid, damaged or delayed in transit.

The prizes

  1. The prize will be as follows:

    • One singe prize of a £50 gift voucher

  2. getUBetter use of particular brands as a prize does not imply any affiliation with or endorsement of such brands.

  3. The winner will be drawn at random.

  4. The prize is non-exchangeable, non-transferable and no cash alternatives will be offered.

  5. We reserve the right to substitute the prize with another prize of equal or higher value if circumstances beyond our control make it necessary to do so.

  6. The decision of the getUBetter regarding any aspect of the prize draw is final and binding and no correspondence will be entered into about it.

Winner announcement

  1. The winner will be notified after 7 May 2021, extended from 5 April by email.

  2. getUBetter will attempt to contact the winner by email up to two times. If contact is not made, getUBetter reserves the right to choose and notify a new winner.

Claiming the prize

  1. Please allow 21 days for delivery of the prize. The winner may be asked to provide proof of identification.

  2. If a winner does not claim their prize within 14 days, they will lose their right to the prize.

  3. If the winner cannot be contacted or has not claimed their prize within the required time limit, getUBetter reserves the right to choose and notify a new winner.

Data protection and publicity

  1. You consent to any personal information you provide in entering the prize draw being used by getUBetter for the purposes of administering the prize draw.

  2. All personal information shall be used in accordance with GDPR and other relevant data protection legislation.

Limitation of Liability

  1. getUBetter does not accept any liability for any damage, loss, injury or disappointment suffered by any entrants as a result of either participating in the prize draw or being selected for a prize, save that getUBetter does not exclude its liability for death or personal injury as a result of its own negligence.



General

  1. getUBetter reserves the right to cancel the prize draw or amend these terms and conditions at any time, without prior notice.

  2. The prize draw and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.