BackHug App Terms & Conditions
- PLEASE READ THESE TERMS CAREFULLY
- YOUR PRIVACY
- APP STORE TERMS ALSO APPLY
- OPERATING SYSTEM REQUIREMENTS
- YOUR CONSUMER RIGHTS
Part 1 – Booking Service Terms
BackHug App Terms & Conditions
- PLEASE READ THESE TERMS CAREFULLY
- YOUR PRIVACY
- APP STORE TERMS ALSO APPLY
- OPERATING SYSTEM REQUIREMENTS
- YOUR CONSUMER RIGHTS
Part 1 – Booking Service Terms
PLEASE READ THESE TERMS CAREFULLY
BY CREATING AN ACCOUNT ON THE BackHug App, YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT CREATE AN ACCOUNT ON THE BackHug App.
We are Pacla Medical Limited, a company registered in Scotland under company number SC513633 and our registered office is at Reception Business Centre, 21 Lansdowne Crescent, Edinburgh, Scotland, United Kingdom EH12 5EH (Pacla).
We are the creator of the BackHug. The BackHug is a back therapy device provided by us at the locations made available on the BackHug app (App) and our website at www.mybackhug.com (Website) to users authorised to use a BackHug in that location. Please be aware that BackHug devices are hosted by our third party hosting partners (BackHug Host).
These Terms and Conditions consist of two parts:
- Part 1 – Booking Service Terms – which defines the terms and conditions according to which you use the App to book and pay for a session on BackHug, and
The App enables you to book and pay for sessions on a BackHug device (BackHug Sessions). Your booking will be made for a date and period of time which will be displayed when you book your BackHug Session (“BackHug Session Slot“).
Once you have booked a BackHug Session with the App, you will then be able to have a session on the BackHug device on which you booked the BackHug Session, operated by the App. Therefore, we have divided these Terms and Conditions into Part 1, and Part 2.
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy notice and it is important that you read that information.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
APP STORE TERMS ALSO APPLY
The ways in which you can use the App and the Documentation may also be controlled by the Google Play and the Apple App Store rules and policies, which will apply instead of these terms where there are differences between the two.
OPERATING SYSTEM REQUIREMENTS
This App requires a smartphone device using either Apple iOS 7.0 or later and on Google Android 7.0 or later operating systems.
You may need to upgrade the operating system on your smartphone if Pacla changes the operating system version(s) on which the App is supported. You may not be able to install or use the App on a jail-broken or rooted device. Some features may not be available on all devices or operating systems. The App should not be used on tablets, notebooks or any device other than supported smartphone handsets.
YOUR CONSUMER RIGHTS
The Consumer Rights Act 2015 gives you certain legal rights, for example:
- for services to be carried out with reasonable care and skill;
- for services to be reasonably priced (where the price is not fixed in advance);
- for services to be provided within a reasonable time (where the time is not fixed in advance); and
- for digital content to be of satisfactory quality, fit for purpose and matching its description.
The Consumer Rights Act 2015 also says that you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
All Services provided by us to you will comply with your legal rights.
Nothing in these terms affects your legal rights under the Consumer Rights Act 2015. You may also have other rights in law.
Please read these Terms and Conditions carefully. If you have any questions about these Terms and Conditions you can contact us by emailing firstname.lastname@example.org.
Part 1 – Booking Service Terms
The App is made available and published by Pacla and is the property of Pacla.
Any booking for a BackHug Session made via the App or the Website is made on the basis of these Terms & Conditions.
Pacla may modify these Terms & Conditions at any time, and the most up to date Terms & Conditions will be available on the Website and within the App.
2. THE PROVISION OF BOOKING SERVICES BY PACLA
Pacla may provide certain booking services to you (the “Booking Services“). The Booking Services include:
- Accepting bookings requested by you;
- Keeping records of bookings;
- Remotely monitoring booked BackHug Sessions using the App; and
- Receiving and dealing with feedback, questions and complaints relating to bookings accepted by Pacla, which may be made by email to email@example.com or any other email address nominated in writing by Pacla in any version of these Terms and Conditions.
You are encouraged to provide your feedback if any of the services provided to you by a BackHug Host do not conform to your expectations.
You can request a booking following the instructions in the App. Please read and check your booking request carefully before submitting it. If you need to correct any errors you can do so before submitting it to us.
When you place your request at the end of the online purchase process, we will acknowledge it by email. This acknowledgment does not, however, mean that your request has been accepted. We may contact you to say that we cannot fulfil your booking request. This is typically for the following reasons:
- the BackHug Session cannot be carried out (this may be because, for example, the device is undergoing repair or maintenance or is otherwise unavailable);
- we cannot authorise your payment;
- you are not allowed to book a BackHug Session (for example, if you are under 18 years old);
- there has been a mistake on the pricing or availability of BackHug Sessions for your chosen device; or
- for any other reason which may be applicable.
We will only accept your request when we confirm this via a confirmation email. At this point a legally binding contract will be in place between you and us.
Once you have purchased a booking, this must be redeemed on the date of your booked BackHug Session. After that date the booking will expire and you will not be entitled to a refund.
You may cancel your booking free of charge for up to 24 hours before your booked BackHug Session and you will receive a full refund of the cost of your BackHug Session credited to the card with which you paid for the BackHug Session. If you cancel your booking within 24 hours, your booking will be cancelled and you will be credited with 50% (half) of the cost of the cancelled booking in the form of a coupon which you can use to pay for another BackHug Session.
Your booking will be registered to your user account and you can access it from any device with the App when you log-in to the App using your account details.
The booking and usage of BackHug Sessions are governed by the following rules :
- A single user ID can book a maximum of two BackHug Sessions on any device at a single host location or a single identical BackHug device in any 24 hour period. A single user ID can book a maximum of 10 outstanding BackHug Sessions at any given time.
- You can book a BackHug Session up to ninety days in the future.
- You are allowed to start your BackHug Session up to 9 minutes before the commencement of your BackHug Session Slot if the BackHug is not being used by another user.
- You can book a BackHug Session up to five minutes after the start of any available twenty minutes BackHug Session Slot.
- You can book a BackHug Session up to ten minutes after the start of any available fourty minute BackHug Session Slot.
- BackHug Sessions will normally last for a certain number of minutes which will be specified by the App (Session Duration), for example, if the Session Duration specified by the App at the time of the booking is 15 minutes then the BackHug Session will normally last for 15 minutes.
- BackHug Sessions will stop either after the Session Duration has finished or 1 minute before your BackHug Session Slot is due to end – whichever comes earlier.
- You can start your BackHug Session up to ten minutes before the end of your BackHug Session Slot.
- If you cancel your booking three times within one week, your account will be locked and your access to the Booking Services and the Services will be suspended for a period of 24 hours (“Temporarily Locked”)
- If your account is Temporarily Locked three times in one calendar month your account will be locked and your access to the Booking Services and the Services will be suspended until we decide at our discretion to restore it (“Locked Until Further Notice”). In order for us to restore your access to the Booking Services and the Services after your account has been Locked Until Further Notice you will need to contact us and provide us with further information. In such cases we will seek to understand why you are cancelling so frequently and whether the App and the BackHug device are appropriate for you. We will make all decisions regarding the restoration of accounts which have been Locked Until Further Notice reasonably.
Our liability for the provision of booking services and BackHug Sessions is limited in accordance with the section called “Our Responsibility for Loss or Damage Suffered by You” in Part 2 below.
We accept payment by VISA and MasterCard debit and credit cards.
Your credit card or debit card will be charged when we accept your booking request. We will send you a booking confirmation email when we have accepted your booking and taken payment.
All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
- Verified by Visa: https://www.visa.co.uk/pay-with-visa/featured-technologies/verified-by-visa.html
All prices quoted on the App are payable in the currency and at the rate advertised in the App and inclusive of VAT or equivalent local sales tax.
For the avoidance of doubt, we will not add any booking fee or other charge to the price of any BackHug Session booked in the App unless we first notify you of those fees or charges.
We reserve the right to change our prices at any time and for any reason, however we will not retrospectively apply additional charges or refunds to bookings already made and accepted when we do change our prices.
We may from time to time offer promotional rates or discounts for BackHug Sessions, however the award of any promotional rate or discount remains entirely at our discretion. Details regarding any promotions or discounts will be available on the App.
1. Contractual Relationship
These Terms in Part 2 govern the access or use by you, an individual, from within any country in the world, of applications (including the App), websites, content, products, and services, including any BackHug Sessions (the “Services”) made available by Pacla, including the Services enabling you to access the Booking Services provided by Pacla described in Part 1 above.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Pacla. If you do not agree to these Terms, you will not be permitted to access or use the Services.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Pacla may amend the Terms related to the Services from time to time. Amendments will be effective upon Pacla’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended from time to time.
2. The Services
The Services constitute:
- a technology platform that enables users of Pacla’s mobile applications or websites provided as part of the Services (each, an “Application”) to make available, schedule, book and pay for BackHug sessions and any other services Pacla may provide from time to time with that technology platform and
- BackHug Sessions.
Unless otherwise agreed by Pacla in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
In return for your agreeing to comply with these terms you may:
- download or stream a copy of the App onto your smartphone and view, use and display the App and the Services on such devices for your personal purposes only. You may share the App and the Services only where permitted by the rules of the App Store from which you downloaded the App;
- use any Documentation to support your permitted use of the App and the Service.
- provided you comply with the “Licence Restrictions” section below, make up to one copy of the App and the Documentation for back-up purposes; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
You may not:
- except in the course of permitted sharing referred to above, rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- remove any copyright, trademark or other proprietary notices from any portion of the Services;
- reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Pacla;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective“), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- link to, mirror or frame any portion of the Services;
- cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
- attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
- tamper with any BackHug device; or make, take or share any photograph, picture, drawing, reproduction, facsimile or other reproduction of any part of the inside of the BackHug device or any mechanical or electronic part of the BackHug device or any part of the BackHug device which is covered by upholstery when delivered by Pacla.
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
By using either the Services or the Booking Services you acknowledge that all BackHug devices are the property of Pacla and that if you tamper with any BackHug device, we will actively pursue our rights under these Terms and we will submit a criminal complaint (where appropriate) to the relevant authorities.
Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Pacla does not control.
Pacla does not endorse such third party services and content and in no event shall Pacla be responsible or liable for any products or services of such third party providers.
You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy any products or services offered by them.
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
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 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 and 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 (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.
4. Our Responsibility for Loss or Damage Suffered by You
THE BACKHUG DEVICE OPERATES BY APPLYING UP TO 20 KILOGRAMS OF PRESSURE TO YOUR BACK WITH ROBOTIC FINGERS MADE OF PLASTIC AND METAL AND COVERED WITH A RUBBER TIP. IF YOU ARE CONCERNED THAT THIS MODE OF OPERATION MIGHT CAUSE YOU INJURY YOU SHOULD NOT USE THE BACKHUG DEVICE.
THE BACKHUG DEVICE SHOULD NOT BE USED BY PREGNANT WOMEN, PERSONS WHO ARE ILL, PERSONS WITH BACK, NECK, SHOULDER OR HIP INJURIES OR PERSONS WHO HAVE ANY BACK, NECK, SHOULDER OR HIP-RELATED MEDICAL CONDITIONS.
IF YOU HAVE A PRIOR MEDICAL CONDITION OF ANY KIND OR RECEIVE MEDICAL TREATMENT IN ANY AREA OF YOUR BODY, CONSULT A PHYSICIAN BEFORE USING THE BACKHUG DEVICE.
IF YOU HAVE SENSITIVE SKIN OR ARE SUSCEPTIBLE TO BRUISING, DO NOT USE THE BACKHUG DEVICE. IF YOU EXPERIENCE BRUISING AFTER USING THE BACKHUG DEVICE, DO NOT USE THE BACKHUG DEVICE AGAIN.
PERSONS WHO ARE YOUNGER THAN 18 YEARS OLD SHOULD NOT USE THE BACKHUG DEVICE.
PERSONS WHO ARE 75 YEARS OLD OR OLDER SHOULD CONSULT A PHYSICIAN BEFORE USING THE BACKHUG DEVICE.
RECOMMENDED USER HEIGHT IS FROM 4’11” ft (150 CENTIMETRES) TO 6’5” (198 CENTIMETRES).
RECOMMENDED USER WEIGHT IS 26 STONE (165KG) OR LESS.
ANYONE WHO DOES NOT FALL WITHIN ANY OF THE RECOMMENDED AGE, HEIGHT OR WEIGHT PARAMETERS IN THESE TERMS AND CONDITIONS SHOULD ONLY USE BACKHUG WITH THEIR PHYSICIAN’S APPROVAL.
DO NOT SIT ON THE LEG REST.
DO NOT START THE BACKHUG SESSION UNLESS YOU ARE LYING ON THE BACKHUG DEVICE.
DO NOT APPLY THE BACKHUG DEVICE TO THE HEAD, ABDOMEN, ELBOWS OR KNEES.
DO NOT USE THE BACKHUG DEVICE TO TREAT YOUR MUSCLES FOR MORE THAN 30 MINUTES AT A TIME.
IF YOU START TO FEEL SICK OR IF THE SESSION SEEMS PAINFUL WHILE USING THE BACKHUG DEVICE, STOP USING THE BACKHUG DEVICE IMMEDIATELY.
DO NOT ALLOW CHILDREN TO PLAY ON OR AROUND THE BACKHUG DEVICE ESPECIALLY DURING OPERATION.
LIMITATION OF LIABILITY.
We are only responsible to you for foreseeable loss and damage caused by our breaking these Terms or our failing to use reasonable care and skill.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses.
The App and the Services are for private use. If you use the App or the Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services.
The App and the Services are provided for general information and personal use only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. IN PARTICULAR, YOU MUST SEEK PROFESSIONAL MEDICAL ADVICE BEFORE USING THE BACKHUG DEVICE IF YOU HAVE A PRIOR MEDICAL CONDITION OF ANY KIND OR RECEIVE MEDICAL TREATMENT IN ANY AREA OF YOUR BODY. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date OR THAT THE BACKHUG DEVICE IS APPROPRIATE FOR TREATING OR RELIEVING ANY PAIN, DISCOMFORT OR MEDICAL CONDITION.
Please back-up content and data used with the App.
We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you.
The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App Store site and in the Documentation) meet your requirements. IFYOU HAVE ANY DOUBTS OR CONCERNS AS TO WHETHER OR NOT THE BACKHUG DEVICE IS SUITABLE FOR YOU, SEEK PROFESSIONAL MEDICAL ADVICE BEFORE USING THE BACKHUG DEVICE.
We are not responsible for events outside our control.
If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 4 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
5. Governing Law; Alternative Dispute Resolution
Governing Law and Jurisdiction. These Terms are governed by English law and you can bring legal proceedings in respect of the App and the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Alternative Dispute Resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit a complaint for online resolution to the European Commission Online Dispute Resolution platform.
6. Other Provisions
We may end your rights to use the App and Services at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Pacla’s designated agent. Please visit Pacla’s web page at https://mybackhug.com/terms-and-conditions/ for the designated address and additional information.
Pacla may give notice by means of a general notice on the Services by email to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Pacla by written communication to Pacla’s address at 21 Lansdowne Crescent, Edinburgh EH12 5EH, United Kingdom.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Severability. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
No waiver. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.