Thank you for visiting our Physiobuddie website and using our services. We hope you enjoy using the system and it is assisting in your recovery (we collectively refer to the website, WebApp and these services as our services)
Physiobuddie - Who we are, and what these terms cover.
The services are provided by PhysioBuddie Limited (we, us or our), a company registered in England and Wales (companies house number 11412328). Our office is 4B Newland Science Park, HU6 7TQ, UK. VAT number is 320072165.
Before you use the Physiobuddie services, we ask you to read these terms carefully. They apply to your use of our services (whether as a healthcare practitioner (HCP) or patient 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.
We may change these terms from time to time so check the 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.
Your right to use our service.
In accepting these terms Physiobuddie grants the patient and the HCP non-transferable, non-exclusive licence to use our services on your devices. This means:
- The patient has the right to use the services for their own personal purposes. The patient does not own the content or any of the content created in, and you can't use the services for commercial purposes;
- The patient can't share or transfer the services to another person (e.g. by selling or giving their account to them, or allowing them to use the account); and
- we may give the same or other permissions to other users.
- The HCP has the right to use the services for their own purposes. The HCP does not own the content or any of the content created in, and you can't use the services for commercial purposes;
- The HCP can't share or transfer the services to another person (e.g. by selling or giving their account to them, or allowing them to use the account); and
- 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 use our WebApp on their device.
If you are under 18 years old you have permission from a parent and/or carer to use the Physiobuddie WebApp. If you are under 18 years old you have permission from a parent and/or carer to use the Physiobuddie WebApp.
Physiobuddie shall, during the Subscription Terms:
- Provide the Services and access to the Platform and make available the Physiobuddie Documentation to the Customer on and subject to the terms of this agreement;
- Use commercially reasonable endeavours to enable End-Users to connect via the Website to the Platform and to use the Services in accordance with this agreement;
- Use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for maintenance performed outside Normal Business Hours.
- Physiobuddie will, as part of the Services and at no additional cost to the Customer, provide the Customer with Physiobuddie's standard customer support services during Normal Business Hours in accordance with Physiobuddie's Support Services Policy in effect at the time that the Services are provided. Physiobuddie may amend the Support Services Policy in its sole and absolute discretion from time to time. The Customer may purchase enhanced support services separately at Physiobuddie's then current rates.
From time to time Physiobuddie may:
- Modify the Platform or the Services by issuing updates; and
- Make new features, functionality, applications or tools available in respect of the Platform or Services, whose use may be subject to the Customer's acceptance of further terms and conditions, and shall give the Customer prompt written notice of material modifications to the Platform or Services and any such new features, functionality, applications or tools. For clarity, any modification to the Subscription Fees shall be addressed under clause
- Physiobuddie undertakes that the Services will be performed substantially in accordance with the Physiobuddie Documentation and with reasonable skill and care.
- The undertaking shall not apply to the extent of any non-conformance which is caused by use of the Platform or Services contrary to Physiobuddie's instructions, or modification or alteration of the Platform or Services by any party other than Physiobuddie or Physiobuddie's duly authorised contractors or agents.
- If the Services do not conform with the foregoing undertaking, Physiobuddie will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking.
Physiobuddie warrants that:
- It has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under these terms.
- The Platform meets necessary NHS clinical standards;
- The Platform meets necessary NHS information governance standards; and
- The Platform has been assessed by ORCHA, registered their feedback and acted on it. Physiobuddie will continue to work alongside ORCHA to improve their score and quality alongside the guidance from ORCHA.
Notwithstanding the foregoing, Physiobuddie:
does not warrant that:
- The Customer's use of the Services will be uninterrupted or error-free; or
- The Platform, Services, Documentation and/or the information obtained by the Customer or any End-User through the Services will meet any End-User's personal health or medical requirements or need;
- The Platform or the Services will be free from Vulnerabilities; and
- Is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Physiobuddie Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
Customer's obligations and Customer Content
The Customer shall: provide Physiobuddie with:
- All necessary co-operation in relation to this agreement; and
- All necessary access to such information as may be required by Physiobuddie,
in order to provide the Services;
- Without affecting its other obligations under this agreement, comply with all applicable laws and regulations, including any of those relating to the export of data and software, with respect to its activities under this agreement;
- Carry out all other Customer responsibilities set out in this agreement in a timely and efficient manner. In the event of any delays in the Customer's provision of such assistance as agreed by the parties, Physiobuddie may adjust any agreed timetable or delivery schedule as reasonably necessary;
- Ensure that the Authorised Users and End-Users use the Platform, Services and the Documentation in accordance with the terms and conditions of this agreement and shall be responsible for breach of this agreement caused or contributed to by any acts or omissions on the part of any Authorised User or End-User;
- Obtain and shall maintain all necessary licences, consents, and permissions necessary for Physiobuddie, its contractors and agents to perform their obligations under this agreement;
- Ensure that its network and systems comply with the relevant specifications provided by Physiobuddie from time to time;
- Be solely responsible for procuring, maintaining and securing its network connections and telecommunications links from its systems to Physiobuddie's Website or data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's or any End-User's network connections or telecommunications links or caused by the internet;
- As between the parties, be responsible for responding to third party requests made to it concerning the use of the Services by the Customer or any End-User.
- The Customer (or its licensors) shall own all Intellectual Property Rights in and to all of the Customer Content and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Content and End-User Content.
- The Customer hereby grants to Physiobuddie a non-exclusive, non-transferable right during the Subscription Term to carry out any acts that would otherwise be restricted by any of the Customer's Intellectual Property Rights in the Customer Content or the End-User Content for the sole purpose of enabling Physiobuddie to provide the Services in accordance with this agreement.
The Customer acknowledges and agrees that:
- Physiobuddie may include the Customer's name or the Customer's Marks in a list of Physiobuddie's customers in any medium or in any link from the Platform to the Customer's website; and
- Physiobuddie may refer to the Customer, orally or in writing, as a customer of the Services for promotional, marketing and financial reporting purposes.
- In the event of any loss or damage to Customer Content or End-User Content, the Customer's sole and exclusive remedy against Physiobuddie shall be for Physiobuddie to use reasonable commercial endeavours to restore the lost or damaged Customer Content or End-User Content from the latest back-up of such Customer Content or End-User Content maintained by Physiobuddie in accordance with Physiobuddie’s archiving or back-up procedures. Physiobuddie shall not be responsible for any loss, destruction, alteration or disclosure of Customer Content or End-User Content caused by any third party, the Customer, any Authorised User or End-User.
While we try to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the services described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.