This agreement applies as between you, the User of this Website and PhysioMedics Limited, a company incorporated in Scotland (No.SC389958) and having its Registered Office is at 16 Ravelston House Park, Edinburgh EH4 3LU, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. 

You must be at least 18 years old to use this Website, if you are not 18 years old then you should stop using the Website immediately.  

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order for Services constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a verification email to you.

 

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

 

“Account”

means collectively the personal/business information, Payment Information and credentials (username and password) used by Users to access the Services;

“Assessment”

means a PhysioWizard online report created by a User by completing an online questionnaire via the Services which shall contain User Content and shall be hosted on the Platform;

“Blog”

means a discussion or post, posted or uploaded to an Assessment or to a related social media site such as Facebook™;

“Cookie”

means a small text file placed on your computer or device by Our Website when you visit certain parts of Our Website and/or when you use certain features of Our Website. Details of the Cookies used by Our Website are set out in Clause 18, below;

 

“Cookie Law”

means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;

 

“Data”

means collectively all information that you submit to PhysioWizard. This definition shall, where applicable, incorporate the definitions provided in the GDPR and the DPA;

“personal data” “processing” and “data subject”

shall have the meanings ascribed to them int the Privacy Legislation;

“Database”

means the database stored on the Platform which contains inter alia User Data;

“DPA”

means the Data Protection Act 1998 and any modification, amendment or re-enactment thereof;

“GDPR”

means Regulation (EU) 2016/679 as amended, replaced, supplemented or adopted into United Kingdom Legislation from time to time;

“Intellectual Property”

means all patents, registered designs, trademarks and service marks (whether registered or not), copyright, database rights, design right, know how, algorithm, trade secrets, information and all similar property including that subsisting (in any part of the world) in inventions, designs, performances, computer programs, semiconductor topographies, Confidential Information, business names, goodwill, Graphical User Interfaces, Menu Command Hierarchy and the styles of presentation of goods or services and in applications for protection of them in any jurisdiction;

“Payment Information”

 

means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“PhysioMedics”

means PhysioMedics Limited, a company incorporated in Scotland (No.SC389958) and having its Registered Office is at 16 Ravelston House Park, Edinburgh EH4 3LU;

“PhysioWizard”

means the programme or programmes comprised in the PhysioWizard software for the analysis of potential muscular-skeletal problems created and owned by PhysioMedics and forming part of the Services;

“Platform”

means the hardware and software environment in which the Services               operate, which comprises one or more server computers (whether virtual or               not), mirroring/duplicating/back-up and storage systems and relative hardware operating software, virtual machine software (where relevant), operating system software, database software, anti-virus and security software, switches, power supplies and telecommunications infrastructure;

“Privacy Legislation”

means the GDPR, the DPA, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner (as amended, incorporated into United Kingdom Law or replaced from time to time);

“Premises”

Means our place(s) of business located at 34-36 Rose Street North Lane, Edinburgh EH2 2NP, United Kingdom;

Service(s)

means collectively any online facilities, tools, Systems, services or information that PhysioMedics makes available through the Website either now or in the future;

System

means any online communications infrastructure that PhysioMedics makes available through the Website and/or the Platform either now or in the future and whether administered by PhysioMedics or by a third party. This includes part of the Services and also, but is not limited to, completion of Assessments, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means you/any third party that accesses the Website and is not employed by PhysioMedics and acting in the course of their employment;

“User Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on, is uploaded to or forms part of an Assessment or the Services and has been uploaded by a User;

“User Data”

means Data created via an Assessment and stored in the Database;

“Website”

means the website that you are currently using (http://www.physiowizard.com/) and any sub-domains of this site (e.g. subdomain. physiowizard.com) unless expressly excluded by their own terms and conditions.

“We/Us/Our”

means PhysioMedics;

 

2. Non Business Customers Only

These Terms and Conditions and use of Our Website are for non-business customers only. Please consult our consumer terms and conditions located here https://www.physiowizard.com/privacy-policy.html. The use of Our Website is for non-business, personal use only and must not be used for commercial gain.

3. Intellectual Property

3.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, including any material contained within Assessments that is not User Content, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software and the Database is the property of PhysioMedics, or Our affiliates or licensors. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international Intellectual Property and other laws.

3.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 5 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given Our express written permission to do so. Specifically, you agree that:

3.2.1 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.

4. Assessment Intellectual Property

4.1 The Intellectual Property rights subsisting in the User Content of Assessments belong to the User to which that/those Assessment(s) belong(s) unless it is expressly stated otherwise.

4.2 Where expressly indicated, certain Content available through Assessments and the Intellectual Property rights subsisting therein belongs to other parties.

4.3 The Content described in this Clause 4, unless expressly stated to be so, is not covered by any permission granted by these Terms and Conditions to use Content from the Website. The exceptions in Clause 5 continue to apply.

4.4 For the avoidance of doubt, the Database shall not be considered User Content.

5. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

6. Third Party Intellectual Property

6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images, films, music and other media and descriptions and designs belong to the manufacturers or distributors of such products as may be applicable.

6.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of PhysioMedics or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page and/or the Login page of the Website without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of PhysioMedics. To find out more please contact us by email at support@physiomedics.com.

9. Assessments

9.1 PhysioWizard indicates the possible causes of your pain or symptoms and provides information which is commonly of benefit to those suffering from similar pain or symptoms. Your Assessment, generated by PhysioWizard is for information purposes only and is NOT a substitute for professional medical advice, diagnosis or treatment. If you have any concerns regarding your health e.g. if your symptoms get worse, you must see your doctor or call NHS111 or if you have difficulties communicating or hearing call 18001 111 on a textphone and follow their advice rather than that given by the PhysioWizard report. If your symptoms get rapidly worse go immediately to A&E or call NHS111 or if you have difficulties communicating or hearing call 18001 111 on a textphone and follow their advice. PhysioWizard is not appropriate for managing medical emergencies. PhysioMedics shall not be liable to you or any third party for your or any third party’s reliance on the terms of your Assessment generated by PhysioWizard.

9.2 Your Assessment, generated by PhysioWizard, relies on the accurate and truthful input of information and answers by you. False, misleading and inaccurate information and answers will result in an inaccurate Assessment. Please be honest and thorough and do not withhold relevant information such as a previous or current medical condition when asked, as this will lead to an inaccurate report.

9.3 The Assessment generated by PhysioWizard is not clinically suitable for any person under 18 years of age.

9.4 Whilst reasonable endeavours have been made to ensure that all information, advice and recommendations provided by PhysioWizard will be accurate and up to date, PhysioMedics makes no warranty or representation that this is the case.  PhysioMedics makes no guarantee of any specific results from the use of the Software.

9.5 You use Services at your own risk. PhysioMedics shall not be liable to you for your use of the Services.

10. Accounts and Subscription Fees

10.1 In order to use the Services you must create an Account which will contain certain personal and/or business details. By creating an Account you represent and warrant that:

10.1.1 all information you submit is accurate and truthful; and

10.1.2 you will keep this information accurate and up-to-date.

10.2 Sharing of Accounts is not permitted unless expressly authorised in writing by PhysioMedics. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties. PhysioMedics accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact PhysioMedics immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, PhysioMedics will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.

10.4 When choosing your username you are required to adhere to the terms set out in Clause 12. Any failure to do so could result in the suspension and/or deletion of your Account.

10.5 Some features of the Service require the payment of a Fee. Your credit / debit card will be billed at the time at which you sign up for such features.

10.6 No part of this Website constitutes a contractual offer capable of acceptance. Your signing up for the Services constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you a confirmation email. Only once We have sent you confirmation email there will there be a binding contract between PhysioMedics and you.

10.7 Your first payment will be at the price advertised on the Website. We reserve the right to change Fees from time to time.

10.8 Services requiring a Fee will be made available to you immediately upon Our confirmation of your signing up. You will also be required to expressly acknowledge that by doing so, you will lose your statutory right (if any) to cancel your contract with PhysioMedics as detailed below in sub-Clause 10.9.

10.9 If you are a consumer based in the European Union, you may have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, begins once the contract between the seller and you, the buyer, is formed and ends at the end of 14 calendar days after that date. Under normal circumstances, premium features requiring the payment of Subscription Fees on this Website are made available immediately upon Our confirmation of your order for them. As set out in sub-Clause 10.8, by expressly requesting this, you waive your right to any cooling-off period to which you may be entitled and may not cancel the contract merely because you have changed your mind.

10.10 If you terminate your Account , your Account details may be deleted immediately and your Assessment(s) will be stored for a period of 8 years and thereafter either deleted in whole or in part and/or anonymised in accordance with the Privacy Legislation where applicable.

10.11 All payments for Fees due under these Terms and Conditions must be made using a valid debit or credit card via Our chosen payment partner, Stripe. Payments made via stripe are subject to stripe’s own terms and conditions of service and We make no representations or warranties with respect to their services.

11. Termination and/or Suspension

11.1 In the event (1) that any of the provisions of sub-Clause 10.1, above, are not followed and/or (2) of a breach of Clause 12, We reserve the right to suspend or terminate your access to the Service(s). Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.

11.2 If We terminate or suspend your Account as a result of your breach of these Terms and Conditions, you will not be entitled to any refund. If you have signed up for Services, you will not be rebilled after the current year.

 

12. Use of System

12.1 When using any System on the Website you should do so in accordance with the following rules:

12.1.1 You must not use obscene or vulgar language;

12.1.2 You must not submit User Content that is unlawful or otherwise objectionable. This includes, but is not limited to, User Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

12.1.3 You must not submit User Content that is intended to promote or incite violence;

12.1.4 You must not submit User Content which contains any material that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation in force in the United Kingdom or any other jurisdiction in which your User Content can be lawfully accessed;

12.1.5 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

12.1.6 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

12.1.7 You must not impersonate other people, particularly employees and representatives of PhysioMedics or our affiliates; and

12.1.8 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

12.2 You acknowledge that PhysioMedics reserves the right to monitor any and all communications made to us or using our System.

12.3 You acknowledge that PhysioMedics may retain copies of any and all communications made to us or using our System.

12.4 You acknowledge that any information you send to us through our System or post on the Blogs, forums/chat or similar may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

12.5 You agree that you will be solely responsible for your Blog(s) and for any comments you make anywhere on an Assessment or this Website or tweeted or re-tweeted to or posted on any social media site. Specifically, you agree, represent and warrant that you have the right to use the User Content that you submit and that your Blog(s), posts, or comments comply with Clause 12.1.

12.6 Other than in relation to your Assessment(s) (the User Content in which will be dealt with in accordance with Clause 17), you agree that you automatically grant us a worldwide, perpetual, irrevocable, royalty free licence to use the User Content specified in Clause 12.4 in any way we deem appropriate including, but not limited to:

12.6.1 the use, publication, distribution, transmission, broadcasting, licensing, sub-licensing, leasing, lending and sale of your User Content; and

12.6.2 the creation, use, publication, distribution, transmission, broadcasting, licensing, sub-licensing, leasing, lending and sale of any derivative works based upon your User Content.

12.7 Our use of the feedback shall not bestow any rights or interests upon you whatsoever.

12.8 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 12.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.

13. Termination and Cancellation

13.1 If PhysioMedics terminates your Account, you will be notified by email and an explanation for the termination may be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

13.2 If PhysioMedics terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

13.3 PhysioMedics reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

13.4 If orders or payments are cancelled for any reason other than due to your breach of these Terms and Conditions, prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.

13.5 If you terminate your Account any non-completed orders or payments will be cancelled and you will not be refunded any monies paid in relation to those orders except where you are entitled otherwise in accordance with Clause 10.9.

14. Payment

14.1 Any and all monies are due for payment on completion of the order or on the dates, or intervals specified in that order as may be appropriate, unless alternative arrangements are agreed between the You and PhysioMedics.

14.2 Interest will be charged on all outstanding sums on a daily basis, at 5% above the base rate of the Bank of England obtaining at the time.

15. Services, Pricing and Availability

15.1 Whilst every effort has been made to ensure that all descriptions of Services available from PhysioMedics correspond to the actual Services, PhysioMedics is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.

15.2 Where appropriate, you may be required to select the required package Services.

15.3 PhysioMedics does not represent or warrant that such Services will be available. Availability indications are not provided on the Website.

15.4 All pricing information on the Website is correct at the time of going online. PhysioMedics reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

15.5 In the event that prices are changed during the period between an order being placed for Services and PhysioMedics processing that order and taking payment, provision of Services shall commence as per your order and you will be charged the original price.

15.6 All prices on the Website do not include VAT. PhysioMedics’s VAT number is: 123449526.

16. Provision of Services

16.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

16.2 Provision of all Services shall be subject to the Terms and Conditions pertaining directly to those Services.

16.3 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. PhysioMedics will ensure that any necessary corrections to the Services provided are made within 7 working days.

16.4 PhysioMedics reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 16. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

16.4.1 Any use or enjoyment that you may have already derived from the Services;

16.4.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of PhysioMedics.

Such discretion to be exercised only within the confines of the law.

17. Privacy

17.1 These terms apply to PhysioMedics’ use of any and all Data collected by it in relation to your use of PhysioWizard.

17.2 This Policy applies only to the actions of PhysioMedics and Users with respect to PhysioWizard. 

17.3 As a data subject, you have the following rights under the GDPR, which these Terms and Conditions and PhysioMedics use of personal data have been designed to uphold:

17.3.1 The right to be informed about PhysioMedics’ collection and use of personal data;

17.3.2 The right of access to the personal data PhysioMedics holds about you (see Clause 17.5);

17.3.3 The right to rectification if any personal data PhysioMedics holds about you is inaccurate or incomplete (please contact PhysioMedics using the details in Clause 17.5);

17.3.4 The right to be forgotten – i.e. the right to ask PhysioMedics to delete any personal data PhysioMedics holds about you in certain circumstances in accordance with the Privacy Legislation (PhysioMedics only hold personal data for a limited time, as explained in Clause 17.10 but if you would like PhysioMedics to delete it sooner, please contact PhysioMedics using the details in Clause 17.27). Please note that deletion of certain personal data may prevent the PhysioWizard from functioning;

17.3.5 The right to restrict (i.e. prevent) the processing of personal data;

17.3.6 The right to data portability (obtaining a copy of personal data to re-use with another service or organisation);

17.3.7 The right to object to PhysioMedics using personal data for particular purposes; and

17.3.8 Rights with respect to automated decision making and profiling.

17.4 If you have any cause for complaint about PhysioMedics’ use of personal data, please contact PhysioMedics using the details provided in Clause 17.27 and PhysioMedics will do its best to solve the problem for you. If PhysioMedics are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office details of which can be found here https://ico.org.uk/

17.5 Without limitation, any of the following Data may be collected by this PhysioWizard from time to time:

17.5.1 name;

17.5.2 date of birth;

17.5.3 gender;

17.5.4 health information including musculoskeletal medical information gathered from your use of PhysioWizard.

17.5.5 sexual orientation;

17.5.6 job title;

17.5.7 profession;

17.5.8 ethnicity;

17.5.9 language;

17.5.10 country of origin;

17.5.11 contact information such as email addresses and telephone numbers;

17.5.12 demographic information such as post code, preferences and interests;

17.5.13 financial information such as credit / debit card numbers;

17.5.14 IP address (automatically collected);

17.5.15 web browser type and version (automatically collected);

17.5.16 operating system (automatically collected);

17.5.17 a list of URLs starting with a referring site, your activity on PhysioWizard, and the site you exit to (automatically collected).

17.6 All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. PhysioMedics will comply with its obligations and safeguard your rights under the GDPR at all times. For more details on security see Clauses 17.11, 17.12, 17.13 and 17.14, below.

17.7 PhysioMedics’ use of personal data will always have a lawful basis, either because it is necessary for PhysioMedics’ performance of a contract with you, because you have consented to PhysioMedics use of personal data (e.g. by subscribing to emails or for delivery of the PhysioWizard to the User), or because it is in PhysioMedics’ legitimate interests. Specifically, PhysioMedics may use personal data for the following purposes:

17.7.1 internal record keeping;

17.7.2 improvement of PhysioMedics products / Services;

17.7.3 transmission by email of promotional materials that may be of interest to you;

17.7.4 market research;

17.7.5 analysing your use of PhysioWizard and gathering feedback to enable PhysioMedics to continually improve PhysioWizard and your user experience;

17.7.6 for the purposes set out in Clauses 17.8, 17.15, 17.16, 17.17, 17.18, 17.19 and 17.20.

17.8 With your permission and/or where permitted by law, PhysioMedics may also use your Data for marketing purposes which may include contacting you by email and/or telephone and/or text message and/or post with information, news and offers on PhysioMedics’ products and/or services. PhysioMedics will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that it fully protects your rights and complies with its obligations under the Privacy Legislation.

17.9 You have the right to withdraw your consent to PhysioMedics using your personal data at any time, and to request that PhysioMedics amend or update and to the extent permitted by the Privacy Legislation delete the whole or part it; however this may adversely affect the delivery, use and function of the Software.

17.10 PhysioMedics does not keep personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):

17.10.1 Any personal Data you submit will be retained by PhysioMedics for eight years and thereafter either deleted or anonymised in accordance with the Privacy Legislation.

17.10.2 PhysioMedics only keeps personal data for as long as PhysioMedics needs to in order to use it as described in Clauses 17.8, 17.15, 17.16, 17.17, 17.18, 17.19 and 17.20., and/or for as long as PhysioMedics has your permission to keep it.

17.11 Some or all of your Data may be stored outside of the EEA (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein) or the United Kingdom. You are deemed to accept and agree to this by using PhysioWizard and submitting information to PhysioMedics. If PhysioMedics does store Data outside the EEA or the United Kingdom, PhysioMedics will take all reasonable steps to ensure that your Data is treated as safely and securely as it would be within the UK and under the GDPR including:

17.11.1 In the event that PhysioWizard appoints a Processor, PhysioWizard shall:

17.11.2 enter into a Processing Agreement with the Processor which shall impose upon the Processor the same or similar obligations as are imposed upon PhysioWizard by this Agreement;

17.11.3 ensure that the Processor complies fully with its obligations under the Processing Agreement and the GDPR; and

17.11.4 remain fully liable to the Customer for performance of the Processor’s obligations to the extent the Processor fails to fulfil their data protection obligations.

17.12 The third-party data processors used by Us and listed below are located outside of the EEA:

17.12.1 Facebook Inc;

17.12.2 Twitter Inc;

17.12.3 ActiveCampaign LLC;

17.12.4 Zapier Inc;

17.12.5 Google Inc;

17.12.6 Zendesk .

17.12.7 Others

17.13 Data security is very important to PhysioMedics, and to protect your Data PhysioMedics have taken suitable measures to safeguard and secure Data.

17.14 Steps PhysioMedics take to secure and protect your Data include:

All the personal data you provide to Us over http://www.physiowizard.com/ is transferred and protected over a secure SSL connection;

17.14.1 Password protected;

17.14.2 Role based access and admin roles to prevent unauthorized access to personal data;

17.14.3 Dual factor authentication;

17.14.4 Regular back-ups;

17.14.5 Data minimisation;

17.14.6 Anonymisation;

17.14.7 Pseudonymisation;

17.14.8 Dashboards and alerts to enhance system control and monitoring;

17.14.9 Systems, devices and software are kept up to date;

17.14.10 Spam protection.

Notwithstanding the security measures that We take, it is important to note that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the Internet.

17.15 PhysioMedics may share your Data with other companies in PhysioMedics group for administrative and internal management. This includes PhysioMedics’ subsidiaries.

17.16 If you have been referred to take a PhysioWizard assessment by your employer, PhysioMedics may share only your name and contact details with your employer.

17.17 PhysioMedics may sometimes contract with third parties to supply products and services to you on its behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your Data. Where any of your Data is required for such a purpose, PhysioMedics will take all reasonable steps to ensure that your Data will be handled safely, securely, and in accordance with your rights, PhysioMedics’ obligations, and the obligations of the third party under the Privacy Legislation.

17.18 In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.

17.19 PhysioMedics may compile statistics about the use of products and Services including data on traffic, usage patterns, user numbers, and other information. All such data will be anonymised and will not include any personal data, or any anonymised data that can be combined with other data and used to identify a User. PhysioMedics may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the Privacy Legislation and other applicable laws.

17.20 By using the Services you agree to:

17.20.1 your anonymised Data being used for research and statistical analysis;

17.20.2 your Data being used for future ethically approved studies;

17.20.3 your Data being looked at/studied by the NHS or regulatory/other medical authorities.

17.21 In certain circumstances, PhysioMedics may be legally required to share certain Data held by it, which may include your personal data, for example, where PhysioMedics are involved in legal proceedings, where PhysioMedics are complying with legal requirements, a court order, or a governmental authority.

17.22 PhysioMedics may, from time to time, expand or reduce its business and this may involve the sale and/or the transfer of control of all or part of its business. Any personal data that you have provided will, where it is relevant to any part of PhysioMedics’ business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of these Terms and Conditions, be permitted to use that Data only for the same purposes for which it was originally collected by PhysioMedics.

17.23 In the event that any of your Data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.

17.24 When you submit personal data to PhysioMedics, you may be given options to restrict PhysioMedics’ use of your Data. In particular, PhysioMedics aims to give you strong controls on its use of your Data for direct marketing purposes, including the ability to opt-out of receiving emails from PhysioMedics which you may do by unsubscribing using the links provided in PhysioMedics’ emails.

17.25 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

17.26 PhysioMedics uses analytics services provided by Google Analytics, to collect and analyse anonymous usage information, enabling PhysioMedics to better understand how the Services are used. This, in turn, enables PhysioMedics to improve the Services.

17.27 You have the right to ask for a copy of any of your personal data held by PhysioMedics (where such data is held) on payment of a small fee which will not exceed £20. Please contact PhysioMedics for more details using the contact details below in Clause 17.27.

17.28 If you have any questions about the Software or these Terms and Conditions please contact PhysioMedics by email at hello@physiomedics.com or by post to Our Premises. Please ensure that your query is clear, particularly if it is a request for information about the Data PhysioMedics hold about you (as under Clause 17.5, above).

17.29 PhysioMedics may change these Terms and Conditions from time to time (for example, if the law changes). Any changes will be immediately posted on this Website and you will be deemed to have accepted the terms of the Terms and Conditions on your first use of the Services following the alterations. PhysioMedics recommend that you check this page regularly to keep up-to-date.

18. Our Use of Cookies

18.1 Our Website may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products and services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

18.2 By using Our Website you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. Third party Cookies are used on Our Website for advertising services, content display, analytics, performance monitoring, support. For more details, please refer to section 6, above, and to section 13.6 below. These Cookies are not integral to the functioning of Our Website and your use and experience of Our Website will not be impaired by refusing consent to them.

18.3 All Cookies used by and on Our Website are used in accordance with current Cookie Law.

18.4 Before Cookies are placed on your computer or device, you will be shown a banner requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Website may not function fully or as intended.

18.5 Certain features of Our Website depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in Clause 18.6. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in Clause 18.11, but please be aware that Our Website may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.

18.6 The following first party Cookies may be placed on your computer or device:

 

Name of Cookie

Purpose

Strictly Necessary

n/a

n/a

n/a

 

and the following third party Cookies may be placed on your computer or device:

Name of Cookie

Provider

Purpose

__cfduid

Zopim.com / Zendesk

Used by the content network, Cloudflare, to identify trusted web traffic.

lang

ads.linkedin.com

Remembers the user's selected language version.

__zlcmid

Zopim.com / Zendesk

Preserves users states across page requests.

_hjIncludedInSample

hotjar.com

Determines if the user's navigation should be registered in a certain statistical place holder.

ads/ga-audiences

Google.com

Used by Google AdWords to re-engage visitors that are likely to convert to customers based on the visitor 's online behaviour across websites.

Bcookie, bscookie, lidc

Linkedin.com

ed by the social networking service, LinkedIn, for tracking the use of embedded services.

BizoID

Linkedin.com

Provides LinkedIn insights and ads tags

fr

Facebook.com

Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers.

guest_id

Twitter.com

Collects anonymous data related to the user's visits to the website, such as the number of visits, average time spent on the website and which pages have been loaded, with the purpose of personalising and improving the Twitter service.

PREF

Youtube.com

Registers a unique ID that is used by Google to keep statistics of how the visitor uses YouTube videos across different websites.

personalization_id

Twitter.com

This cookie is set due to Twitter integration and sharing capabilities for the social media.

YSC

Youtube.com

Registers a unique ID to keep statistics of what videos from YouTube the user has seen.

zte#

Zopim.com / Zendesk

Saves a Zopim Live Chat ID that recognises a device between visits during a chat session.

 

18.7 Our Website uses analytics services provided by Google Inc. and Hotjar Ltd. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Website is used. This, in turn, enables Us to improve Our Website and the products and/or services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Website, it does enable Us to continually improve Our Website, making it a better and more useful experience for you. We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google Inc. within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States.  To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout.

To opt out of being tracked by Hotjar:

https://www.hotjar.com/legal/compliance/opt-out

Hotjar responds to Do Not Track header.

18.8 The analytics service(s) used by Our Website use(s) Cookies to gather the required information.

18.9 The analytics service(s) used by Our Website use(s) the following Cookies:

 

Name of Cookie

First / Third Party

Provider

Purpose

_ga

Third

Google Analytics

Registers a unique ID that is used to generate statistical data on how the visitor uses the website

_gat

Third

Google Analytics

Used by Google Analytics to throttle request rate.

_gid

Third

Google Analytics

Registers a unique ID that is used to generate statistical data on how the visitor uses the website.

 

18.10 Our Website sometimes uses remarketing cookies provided by Twitter Inc. and Facebook Inc. to assist with our marketing and online advertising.  It is for better understanding what our audiences are interested in, so we can more efficiently promote our products and services. You can opt out from Twitter’s interest-based ads by following their instructions: https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads

You can learn more about Twitter’s privacy policy by following: https://twitter.com/en/privacy#update

About Facebook’s interest-based advertising you can learn more by accessing this page:

https://www.facebook.com/about/ads/#568137493302217

How to control online advertisements from Facebook:

https://www.facebook.com/help/164968693837950

18.11 In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third-party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device. Alternatively, websites such as “All About Cookies” provide comprehensive guidance:

http://www.allaboutcookies.org/

18.12 You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Website more quickly and efficiently including, but not limited to, login and personalisation settings.

18.13 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

19. Changes to Our Terms and Conditions

We may change these Terms and Conditions from time to time (for example, if the law changes). Any changes will be immediately updated on Our Website and you will be deemed to have accepted the new Terms and Conditions when you accept the new Terms and Conditions at the start of an Assessment following the alterations.  

20. Legal Rights and Disclaimers

20.1 We make no warranty or representation that the Website or the Services will be compatible with all systems, or that it will be secure.

20.2 Save for the discretionary screening and approval as detailed in Clause 12, We have neither control over, nor involvement in, any User Content and accept no responsibility for any actions taken by any Users or products provided by third parties.

20.3 Whilst reasonable endeavours have been made to ensure that all information provided on this Website will be accurate and up to date, PhysioMedics makes no warranty or representation that this is the case. PhysioMedics makes no guarantee of any specific results from the use of its Services.

20.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

20.5 PhysioMedics makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

20.6 When providing digital content to consumers, PhysioMedics is required to provide digital content that is of satisfactory quality, fit for any purpose made known to us (whether expressly or impliedly), and in accordance with any descriptions (and pre-contract information) given by Us. This includes any digital content PhysioMedics may subsequently modify. If PhysioMedics fails to comply with its legal obligations, consumers may be entitled to certain legal remedies including price reductions. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards Office.

20.7 Whilst PhysioMedics exercises all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

20.8 If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

21. Availability of the Website and Modifications

21.1 PhysioMedics accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.

21.2 PhysioMedics reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content and Services available. Where anything you have paid for is made unavailable and you are entitled to a refund as a result, PhysioMedics will inform you of the refund due and it will be paid within 14 days using the same method originally used by you. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

22. Limitation of Liability

22.1 To the fullest extent permissible by law, PhysioMedics accepts no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, delict (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any Content or Services included on the Website.

22.2 To the fullest extent permissible by law, PhysioMedics excludes all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any Content or the Services.

22.3 If you are a commercial user, PhysioMedics accepts no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

22.4 PhysioMedics exercises all reasonable skill and care to ensure that the Website is free from viruses and other malware. PhysioMedics accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.

22.5 PhysioMedics neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, Platform failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

22.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

23. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

24. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

25. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and PhysioMedics.

26. Communications

26.1 All notices / communications shall be given to Us either by post to Our Premises at the address given above or by email to support@physiomedics.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

26.2 PhysioMedics may from time to time, if you opt to receive it, send you information about Our products and/or services.

27. Law and Jurisdiction

27.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with Scots law.

27.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. If you are not resident in the United Kingdom any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the Scottish courts.

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