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 GetUBetter Limited (we, us or our), a company registered in England and Wales (company number 08330528). Our office The Old Dairy, Ashton Hill Farm Weston Road, Failand, Bristol, England, BS8 3US. 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:
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. (iii) you are not recognised as a vulnerable adult
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.
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 gender) 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, gender, 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).
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:
You agree not to use our services in a way that:
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
Our App is free to download for patients, but 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
Providing our services through our App requires the collection and processing of your personal information. Our Privacy Policy explains how we collect and use information processed in our App. The Policy includes helpful examples to make our practices and processing activities easier to understand and also explains the many ways you can control your information.
When you use our App, we act as a processor of your identity data, registration data and recovery data, acting on the instructions of your health care provider (often in this case this will be the NHS).
When you use our services (including our App), we may also collect and use technical information about your device and software in accordance with our Privacy Policy and we will process this personal data as a controller so that we can improve and monitor the performance of our App. Our app may offer push notifications. You can change the type and frequency of these, or turn them on or off, by accessing the settings on your device.
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). We will provide notifications of new release to you. 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. Clinicians are not in receipt of, or have access to, your notes and history of progress so will be responding to any actions within the app.
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.