Terms and Conditions

BETTER HUMANS REGISTRATION TERMS

CONTENTS

Introduction: who we are and what these Registration Terms are for

Registration: how to get started

You: general information about you and your basic obligations

Service: our service and how you sign up

Physiotherapy Service: our additional physiotherapy service and how you sign up

Complaints: what to do if you aren’t happy and need to contact us

Variation: what happens if we want to amend our Service, these Terms or the Privacy Policy

Our Liability: our liability to you

This Contract: general legal information about our relationship with you, often called ‘the boilerplates’.

INTRODUCTION

Better Humans is a health and wellbeing website that allows its users to access a range of tests, training programmes and advice. All you have to do is complete Better Humans’ quick brain and body online tests and you’ll be recommended the most suitable training programmes for you. If the tests conclude that you could benefit from physiotherapy services, we can put you in contact with Physiotherapists for meetings via telephone or video call. By using the Better Humans service, we can help you to feel better, think better and do better.

A service like Better Humans (which in this document we’ll refer to as “the Service”) requires lots of people to interact with each other (us included) within some kind of framework designed to safeguard everyone's legitimate interests. In essence, that framework is provided by these Registration Terms, (which we will refer to as the “Terms”).

Better Humans is owned and operated by Better Humans Limited and its subsidiary, Better Physio Limited. Both companies are registered in Scotland with the respective company registration numbers SC507154 and SC527008. The registered office is located at Moat House, 14 Gala Park, Galashiels, TD1 1EX. When we use words like “we”, “us” and “our” in these Terms, we are referring to Better Humans Limited and Better Physio Limited. Likewise, when we use words like “you” and “your”, we are referring to you, whom, we hope, will soon be our registered user. The “Website” is the one hosted at www.betterhumans.co.uk.

If you’re wanting to access our Service you will need to register with us and to do that, you need to accept these Terms. If you don’t accept these Terms, you will be able to browse through the home page of the Website, but you won’t be able to do anything else. When you complete your registration by accepting these Terms, there will be a legal contract between you and us.

REGISTRATION

Anybody can access the Website, but in order to use our Service and any other functionality that we provide from time to time you must register. It may be that you are an individual user or it may be that your employer has referred you to our service along with some of your colleagues. Either way, each user must individually register on our Website.

We will need some basic information from you in order to complete your registration. This will include your name, a functioning email address and a password. We may also request some basic medical information from you, so that we can note any potential health issues before you engage in our service. In completing your registration, you confirm that the information you are providing to us during the process is accurate and up-to-date. You can change the details later by accessing your account or by sending us an email to connect@betterhumans.co.uk.

You also need to check the box that is your confirmation that you accept these Terms. If you don’t do that, you won’t be able to register. But if you do check the box and submit your registration to us, please bear in mind that you are entering into a contract with us and that contract is, of course, based on these Terms. Don’t worry, you don’t *have* to do anything in particular. If you register and subsequently decide not to use the Service, there’s nothing you are required to do and we don’t charge you for accessing the Service. If you wish, you can even have your registration terminated. But since you are entering into a contract with us, it would be sensible to have a good read of these Terms just to make sure you are aware of the position.

You’ll always be able to find a copy of these Terms on the Website, but you might want to print off a copy for your records. If you do, please bear in mind, however, that the Terms might change in the future, especially since we may add functionality to the Service over time. If we do change the Terms, we will, of course, contact you through the Service to let you know that the Terms are changing. If you continue to use the Service after that, you will do so having accepted the new version of the Terms.

YOU

We mentioned above the minimum information that you’ll have to provide to us in order to register. Of course, that information alone will be enough to identify you personally and so for that reason, it is protected under the Data Protection Act 1998 (and probably equivalent laws in your jurisdiction, if you’re not living in the UK). We will handle that information in accordance with our Privacy Policy, which forms part of these Terms and thereby, our contract with you. We must be able to identify you as an individual from the information that you provide to us upon registration and to that extent only, you confirm that your information is accurate and that you will keep it up to date.

Because of the way the law works, children are not capable of entering into contracts. Consequently, our users must be at least 18 years of age and you confirm that you are and that you are capable of entering into binding contracts.

Assuming then that you are over 18, capable of entering into contracts that are legally binding on you, your registration on these Terms gives rise to a contract between you and us that is indeed binding on both you and us and those that may later inherit the benefit of the contracts that we have formed. You may not transfer or sell your rights under this contract to anybody else nor may you use it as security for anything. The nature of running a Service like Better Humans means that we may, for some reason, have to ‘assign’ the contract that we’ve formed with you to another business (for example, as part of a restructure or if we are acquired by another company). This would mean that the contract we’re forming with you would transfer from us to that other company, who would then be subject to the obligations that until then had applied to us. We will explain more about the implications of this unlikely scenario were it ever to arise.

You can terminate your account with us at any time. There is more about this in the Privacy Policy so please take a look at that.

We may terminate your account if, at our discretion, we consider that you have become inactive. Generally this will be where you have not interacted with our Service for a year or so, but it may be less and there may be other factors we take into account.

SERVICE

When you register to use our Service, you will be able to access a range of short tests that will analyse how well your brain and body work together. You can complete as much or little of these tests as you wish, but to receive a full, accurate analysis it is important that you provide as much information as possible and are open and honest in your answers. This includes telling us if you suffer from any illness, disability or condition. We will not be liable if you suffer any harm (whether that by physical or mental harm) after following recommendations from an inaccurate analysis where that inaccuracy has arisen from your failure to engage openly and honestly with the process.

After you have completed the tests and have received your analysis, you will receive a personal workout programme. The programme’s duration will depend upon which exercises are most suitable for you, but will usually be between 5 and 15 minutes in length. Our workouts may involve strenuous physical exercise so, if you are unsure or uncomfortable about our programme, you should seek the advice from your G.P. (or other health professional, should you be working with one) before starting any of our workouts or using any gym equipment.

All suggestions, recommendations and comments made in your analysis and personal workout programme (including those in the workouts) are for your reference only. There is no requirement for you to do anything that you aren’t sure about or aren’t comfortable with. Yes, we want you to increase your physical and mental performance. But as the saying goes, it’s better to be safe than sorry. So if you think a workout is a bit too advanced for you, try a slightly easier workout and work your way up to the recommended one or contact one of ours as outlined below.

By using the Website to access our Service, you acknowledge that physical exercise involves strenuous physical movement and that such exercise carries the risk of injury (whether that be physical or mental). It is your responsibility to judge your physical condition, mental capability and your limits whilst exercising and you agree to only undertake workouts that are appropriate for you based upon our recommendations and advice from your G.P. and any other medical practitioner that you may happen to be consulting.

We may from time to time post information about health, nutrition, sleep and science on our Website. This is general information for your reference and is not specific to your personal health and performance levels. Should you choose to act upon this information, you do so at your own risk and having regard to your own health and performance levels.

PHYSIOTHERAPY SERVICE

If your analysis advises you to seek the assistance of a Physiotherapist, you may engage in our additional service (which we will refer to as our ‘Physiotherapy Service’). You are required to pay for the Physiotherapy Service, unless your employer has agreed to meet those costs on your behalf.

You are under no obligation to use our Physiotherapy Service - it is a recommendation only. However, for busy people who may find it difficult to access the support of a Physiotherapist, our Physiotherapy Service allows you to access that support over the telephone and/or by video call. It couldn’t be any easier. If you have a spare lunch hour at work or are free one evening, we can arrange for a Physiotherapist to fit in with your calendar. Our Physiotherapists are each registered with The Chartered Society of Physiotherapy and have Professional Liability Insurance in place.

By engaging in our Physiotherapy Service, you will receive personal goals that will motivate change and development. You can also receive tailor-made plans that are specific to your current health and performance levels. Our Physiotherapists are also always on hand to provide any advice or answer any queries that you may have.

To proceed with the Physiotherapy Service, you can use our simple, online booking system (that you will find on our Website) to book an appointment and make payment. Alternatively, you can contact us at connect@betterhumans.co.uk if you wish to discuss your requirements, availability and the charges. We try as hard as possible to provide an affordable Physiotherapy Service and our charges will depend upon the experience of the Physiotherapist, the number of sessions that you book and how you wish to engage with them. If you have been referred to us by your employer, it may be that you have a discount code that you can redeem or that your employer is happy to pay for those charges on your behalf.

You, or your employer, is required to pay for the Physiotherapy Service in full in advance of your first session, together with any applicable VAT. We will provide you with our payment details and ask that payment be transferred to our designated bank account. All sums are payable in full without any deductions, except where you are required by law to deduct withholding tax. If you are required to deduct withholding tax, we will cooperate with each other to lawfully avoid making such deductions or enable us to obtain a tax credit. If you fail to make the payment in full to us in advance of your first session, we will suspend the Physiotherapy Service until the outstanding sum has been received.

If you change the scope of the Physiotherapy Service after making payment to us, we will quote the additional charges that will be payable. As above, you are required to pay any additional charges to us in advance of the change of scope being authorised.

COMPLAINTS

If you come across any evidence to suggest that somebody using the Service is in breach of these Terms, or if you are unhappy with the Service that we are providing, please feel free to contact us at connect@betterhumans.co.uk. We want our users to really enjoy and benefit from the Better Humans Service, so we will try as hard as possible to deal with your complaint quickly and thoroughly.

THE SERVICE

At any given time, we reckon we have a pretty good idea as to how well the functionality we’ve provided is working. We’re working on new features all the time and occasionally, we may want to replace older features with new, better ones. It is inevitable that from time to time we will provide features or functionality that seemed like a really good idea at the time but which, for whatever reason, don’t really catch on with our users. So when this happens, we reserve the right under these Terms to add or remove functionality and features. We will do our best to give you some advance notice of this but from time to time, this might not be possible. For example, if something breaks and it is complicated to fix and not sufficiently popular to warrant dropping everything to fix, we may decide to withdraw it immediately. That withdrawal may be temporary or it may be that we withdraw it permanently, and we have the right to decide what’s best in the circumstances.

It might be that new functionality requires changes or additions to these Terms or the Privacy Policy, so when we launch new features, you might want to check to see whether we’ve made any changes to either.

LIABILITY

Consumers enjoy protection under a variety of laws in different jurisdictions around the world and most of our users will be using our Website as a consumer. Nothing in these Terms is intended to undermine your protection either in the UK or wherever you happen to be when you access the Service. It would be unlawful for us to attempt to exclude or limit liability for personal injury or death arising from our negligence or for any loss you suffer as a result of our fraud or for any statement we make fraudulently intending you to rely on it in entering into this contract with us. However, please bear in mind that we will not be liable if you suffer harm as a result of following our recommendations where that harm results from you failing to have told us something when prompted during the analysis process that, had you told us that thing, would have led us to make other recommendations. This is not a case of us trying to exclude liability, just that where we have done everything that we could reasonably do to look out for you but you’ve suffered harm because of something you’ve not done, it’s unlikely that a court would conclude that we’ve been negligent.

Bearing in mind always the exceptions we have mentioned in the previous paragraph, there are certain types of liability that we are permitted by law to limit or exclude and, accordingly, WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) THAT YOU MIGHT SUFFER AS A RESULT OF USING THE WEBSITE, HOWEVER THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE. In case you’re wondering, that bit has to be in capitals in order to comply with the laws of certain jurisdictions, including certain states in the USA.

In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR FOR THE DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL. This might include a failure of an internet service provider to deliver notifications or emails to you, for instance.

If we happen to make a statement that turns out to be untrue (whether orally or in writing) prior to your registration, then, unless that statement was made fraudulently by us, we will only be liable to you should that untrue statement result in us breaching these Terms. If it does not, the untrue statement has no impact on our relationship with you save insofar as it may impact on your legal rights as a consumer.

These limitations and exclusions of liability will survive the termination of your registration (which, in turn, would terminate our contract with you).

In making sure that our users and customers are satisfied and that the Website is working efficiently, we may review the data being transmitted by you to us. This does NOT mean, however, that we are under any duty to do this and we do not and will not assume any responsibility for this. Nevertheless, as we have indicated above, we may remove content uploaded by you if that content contravenes these Terms or you are in breach of these Terms.

You also need to be aware that viruses can be transmitted via websites, not just email. So if you want to make sure that your systems are safe from infection, you should run suitable security software because WE HEREBY EXCLUDE LIABILITY FOR ANY VIRUS INFECTION OR OTHER HARM CAUSED TO YOUR SYSTEMS THROUGH YOUR USE OF THE WEBSITE OR WHEN FOLLOWING ANY LINKS TO WEBSITES RUN BY OTHER PEOPLE.

There may come occasions where we choose not to insist on your total compliance with your obligations under these Terms or that, where you’ve breached the Terms, that we don’t make use of our rights to take action against you. This does NOT mean, however, that we are waiving those rights. We can take action against you later if we so choose, and at any time during the lifetime of your registration (or indeed, where necessary, at any time after the termination of your registration), we can return to the issue and insist upon your compliance.

THIS CONTRACT

From time to time, we will give you information relating to your use of the Website. This might be information about new functionality or old functionality that we are going to withdraw. It might be to let you know that we have made changes to these Terms or the Privacy Policy. We will send this information to you in the form of notifications via email. We might also send an email to the address you have given us when registering (which is why we need you to keep that email address up-to-date). English law requires that certain information that we might have to pass to you has to be in writing, so you accept that information we provide to you electronically is indeed ‘written’ for this purpose.

If, for some reason, you need to communicate with us for contractual purposes, you can do this by email addressed to support@betterhumans.co.uk but if you really feel the need, you can send us a letter by post, sent to our registered address (see ‘Introduction’ above).

Information that we send to you or you send to us for contractual reasons we’ll call “Notices” for the purposes of these terms. There may be times when we all need to know when such a Notice was received. To make things easy, those Notices will be deemed to be received as follows. A Notice sent by us to you via a notification sent to your account via the website or an email sent by you to us or us to you, will be regarded as having been received the day AFTER it is sent, just to give everyone a reasonable chance to pick it up. If a Notice is sent in either direction by letter (probably from you to us, since we won’t know, nor will we necessarily want to know, your residential address), that Notice will be regarded as having been received (assuming that it was properly stamped and sent by first class mail) three days AFTER the day on which it was sent, or in the case of a letter sent from overseas by airmail, ten days AFTER the day on which it was sent.

It might just be that at some point in the future, a court or some other authority has cause to review these Terms and in so doing, rules that some or other part of them is invalid, unlawful or unenforceable. Obviously, that could cause a bit of a problem, certainly for us and possibly also for you. So, in the very unlikely event that something like that happens, there will be two consequences. First, everybody accepts that the rest of the Terms will remain in place between us and that the contract will survive intact with the problematic element removed. Second, the authority or court taking action may compose a replacement for the stricken terms that do as good a job as reasonably possible as the job previously done by the terms removed or, where the authority or court taking action declines to do so, you agree that we may replace those terms ourselves with something else that complies with the ruling.

Everything relevant to our contractual relationship with you is set out either in these Terms or in the Privacy Policy. We have no earlier contractual arrangement or understanding with you or any sort. If there is anything that you seek to rely on in creating your registration, please disregard it right now, because in submitting your registration and accepting these Terms, you must acknowledge that in registering to use our Service, you haven’t relied upon any statement made or promise given by us, whether stated plainly or implied from our conduct UNLESS that representation or statement is repeated either in these Terms or in the Privacy Policy. We have to have this rule because (1) we need some certainty about our relationship with you, and (2) because imagine having thousands of customers and having different, potentially undefined contracts with each: it just wouldn’t work.

In the UK, there is a law that gives third parties (that is, people who are not ‘party’ to a contract) certain rights to enforce terms that are intended to benefit them. This is called the Contracts (Rights of Third Parties) Act 1999. We can’t think of a situation where this might come into play, but just to be clear, any right of a third party to take action under that law is excluded. There may be other situations where third parties can take action and where we are not permitted to exclude that possibility, such third party rights remain, so you might want to bear that in mind.

This concludes these Terms and as soon as you check the ‘accept Terms’ box and submit your registration to the Website, you will have a binding contract with us. All that is left for us to say is that your contract with us is subject to and governed by English law. Any dispute that arises from our relationship with you or your use of the Website will be subject to the exclusive jurisdiction of the courts of England and Wales.