3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”).
You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if greater than 18), to obtain an Account.
Account registration requires you to submit to Pacla certain personal information, such as your name, email address, gender and age. Account registration may require at least one valid payment method (either a credit card or accepted payment partner).
You agree to maintain accurate, complete, and up-to-date information in your Account.
Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Pacla’s termination of this Agreement with you.
You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Pacla in writing, you may only possess one Account.
User Requirements and Conduct.
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive BackHug Sessions.
You may not assign or otherwise transfer your Account to any other person or entity.
You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.
You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to Pacla staff or any other party.
In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
It is the BackHug Host’s responsibility to ensure that the BackHug device in their location is accessible, therefore we cannot guarantee the accessibility of any BackHug device. This is part of the obligations they owe to us as a BackHug Host. These terms cannot be enforced directly against the BackHug Host by you.
By using the Services, you acknowledge that the BackHug device is provided by us, not the BackHug Host, and that any responsibility for the BackHug device’s performance rests with us, not with the BackHug Host, beyond any statutory or common law duties of the Host (for example, in respect of health, safety and environmental obligations) regarding any devices at the BackHug Host’s premises.
It is your responsibility to ensure that you can access and enter the BackHug Host’s premises to attend your booked BackHug Session. If you are unable to access and enter the BackHug Host’s premises, please contact us and we will try to amend your booking, however we cannot guarantee that we will be able to do this.
If you have any complaints or if you would like to provide us with feedback about the BackHug Host or the BackHug device they are responsible for, please contact us at the details above.
Where you are an employee of a BackHug Host, you may be entitled to a special rate to use the BackHug device hosted by your employer. If you have any queries about the rate that has been applied to your booking, please contact us at the details above.
Acceptable Use Restrictions
- not use the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Services or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;
- not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
Promotional Codes (Coupons)
Pacla may, at its sole discretion, create promotional codes that may be redeemed for discounted bookings, or other features or benefits related to the Services, subject to any additional terms that Pacla establishes on a per promotional code basis (“Promo Codes”).
You agree that Promo Codes:
- must be used for the intended audience and purpose, and in a lawful manner;
- may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Pacla;
- may be disabled by Pacla at any time for any reason without liability to Pacla;
- may only be used pursuant to the specific terms that Pacla establishes for such Promo Code;
- are not valid for cash; and
- may expire prior to your use.
Pacla reserves the right to withhold or deduct discounts or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Pacla determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Generated Content.
Whenever you make use of a feature that allows you to upload content to the App and the Website, or to make contact with other users of the App and the Website, you must comply with the acceptable use restrictions set out above.
You warrant that any such contribution complies with those restrictions, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to the App and the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable, licence to use, reproduce, distribute, prepare derivative works of, display and perform your content. In particular, we may use your content to promote the App, the Website and the Services.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the acceptable use restrictions set out above.
You are solely responsible for securing and backing up your content.
To provide the Services and the Booking Services we must process information about you (the “Data”). The types of information we collect depends on how you use the Services and the Booking Services.
We collect data on your profile (your email address, age and gender) and your bookings and usage of BackHug Sessions, including the location of any BackHug device on which you receive any BackHug Sessions. We may also collect data on your back tension as measured by the BackHug device. These data are referred to collectively in these Terms and Conditions as “the Data.”
By using the Services or Booking Services, you agree that Pacla may collect, analyse and publish the Data provided that we only provide aggregated statistics and insights which do not contain information that personally identifies you (including information such as your name or email address that by itself can be used to contact you or identifies who you are).
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings in the App.
Network Access and Devices.
Both Booking Services and Use of the Services require either a Wi-Fi or mobile data connection (for which your network provider may charge you).
If you use your own mobile devices to use the Services, you are responsible for obtaining the data network access necessary to use the Services.
Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto.
Pacla does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Repair or Cleaning Fees.
Please ensure that you treat the BackHug device with reasonable care and that after your BackHug Session you leave the BackHug device in the same condition that it was in at the start of your BackHug Session ready for the next user.
You shall be responsible for the cost of repair for any damage to, or necessary cleaning of, the BackHug device, BackHug cubicle and any of Pacla’s property as applicable resulting from the use of the Services under your Account where you have not treated the BackHug with reasonable care (“Repair or Cleaning”).
In the event that a BackHug Host reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Pacla at Pacla’s reasonable discretion, Pacla reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts will be transferred by Pacla and are non-refundable.
In the event that Pacla at Pacla’s reasonable discretion determines that there is any need for Repair or Cleaning of any BackHug device returned to Pacla after being used by you in a Home Location, Pacla reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account or in any agreement with Pacla. Such amounts will be transferred by Pacla and are non-refundable.