BackPain.online Terms of Use

 

Last updated: 30th March 2020

 

Welcome to BackPain.online (the "Service"). The Service includes the www.backpain.online website ("Website") and the www.backpain.online video content service available through the Website and on the www.backpain.online app ("www.backpain.online"), including all features and functionalities, recommendations, reviews and user interfaces.

The Service is operated and provided to you by BeatMyPain.online Limited, registered in England with company number 11595004, whose registered office is at Unit E3, Ascot Business Park, Lyndhurst Road, Ascot, SL5 9ED, United Kingdom (“BeatMyPain.online”, "we", "us", "our"), and is designed and delivered by professionals who are registered with the General Osteopathic Council.

By accessing, installing or using the Service, you confirm that you are 18 years old or over.

Please read these terms (the "Terms of Use") before subscribing to, accessing, installing or using the Service. They set out the agreement for your access to and use of the Service. By subscribing to, accessing, installing or using the Service you agree to these Terms of Use. If you don't agree to them, please don't use the Service.

1. Access to the Service

1.1 If you purchase a subscription to the Service this will allow you to access and view appropriate pain management information and content, which may include videos, music, graphics, text, images and photographs ("BackPain Online Content"), on the terms and conditions set out in these Terms of Use. As part of this Service you will be asked to provide details of the musculoskeletal pain you are experiencing via a series of questions set out in a BackPain.online e-consultation questionnaire.

1.2 You may be able to access and view limited BackPain Online Content for free, but the majority of the BackPain Online Content may only be available to you if: (a) you register a BackPain.online account ("BackPain.online Account"); and (b) you purchase a monthly or one off subscription ("BackPain Online Subscription").

1.3 Further details of what is included in the BackPain Online Subscription can be found in the FAQs .

1.4 If you purchase a BackPain Online Subscription from us, you can log into your BackPain.online Account and view details about your BackPain Online Subscription in the "Settings" tab, including the end date of your subscription period. If your BackPain Online Subscription auto-renews (see section 7 for more information), this information will include the recurring subscription fee, billing renewal date and how to stop your BackPain Online Subscription from auto-renewing. You can also consult our FAQs for further information.

1.5 In order to access BackPain Online Content we will require you to register a BackPain.online Account by providing your details.

1.6 You must be aged 18 years or older to register a BackPain.online Account and to purchase a BackPain Online Subscription.

1.7 When you sign up for a BackPain.online Account or purchase a BackPain Online Subscription you are responsible for all access to and use of BackPain Online through your account.

1.8 You are also responsible for your BackPain.online Account username and password, for keeping them confidential, and for all activities that are carried out under them. We recommend that you do not reveal your payment details, username and password to any other person. You agree to notify us immediately if you become aware of or suspect any unauthorised use of your password or username.

2. BackPain Online Content 

2.1 BackPain Online Content incorporates suggestions for managing the back pain that you experience. In our experience, these tools have been shown to contribute towards the effective management of back pain, however, we do not warrant that these tools or the information provided to you as part of the Service will result in any specific alleviation of symptoms or conditions.

2.2 The BackPain Online Content are not intended to, and should not, be used for the purpose of (a) diagnosis, prevention, monitoring, treatment or alleviation of disease, or (b) diagnosis, monitoring, treatment, alleviation of or compensation for an injury or handicap, or (c) investigation, replacement or modification of the anatomy or of a physiological process.

2.3 The Service should be interpreted as a substitute for professional personal medical advice, diagnosis or treatment. We recommend that you consult a doctor in the event that you have any medical concerns.

3. Third party links, services and resources

3.1 Where the Website or BackPain Online contains links to other websites, services and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for your use of them.

3.2 Where the Website or BackPain Online provides access to other websites, services and resources provided by third parties, use of such websites, services and resources will be governed by the terms set by the relevant third party, and we accept no responsibility for your use of them.

4. Free trial

4.1 Your BackPain Online Subscription may start with a one-week free trial period. Free trials are available to new subscribers only (one per subscriber) unless we tell you otherwise.

4.2 You will be charged at the end of your free trial period, unless you cancel your BackPain Online Subscription before the free trial period expires. Please note that you may not be notified that your free trial is ending or has ended and that your paid subscription has started.

5. Promotional Offers

5.1 We, and/or our third party partners, may make available codes or other promotional offers which: (a) grant access to BackPain Online Content normally only available via a BackPain Online Subscription without requiring you to pay for such access; or (b) give a discount on a BackPain Online Subscription

(“Promotional Offers”).

5.2 Promotional Offers may take a variety of forms and may be made available on a standalone basis or provided as part of a bundle with other products or services sold by us or with the products or services of one of our partners. You may only use and redeem Promotional Offers in accordance with the specific terms and conditions which apply to them.

5.3 Please check the relevant terms and conditions of the Promotional Offer for full details. Unless stated otherwise, Promotional Offers are only available to new subscribers (one per subscriber) and are subject to availability. Where a Promotional Offer is combined with a free trial, restrictions may apply. Where a Promotional Offer is provided by a third party partner, that other party may also have additional terms and conditions which apply.

5.4 We will determine eligibility for Promotional Offers at our sole discretion and we reserve the right to limit availability of and/or revoke any Promotional Offer and put your account on hold in the event that we determine that you are not eligible.

6. Billing

6.1 If a charge applies to your BackPain Online Subscription, you will be charged using the payment method provided when you first subscribe.

6.2 If your BackPain Online Subscription automatically renews, subscription payments will be taken automatically on the first day of each new subscription period for your BackPain Online Subscription. Usually the first payment will be taken on the day you subscribe or, if you have a free trial week, the day after your free trial week ends.

6.3 If you are eligible for a Promotional Offer involving a discount, your bill and payments will be reduced accordingly for the promotion period.

6.4 To view your billing information or to change your payment method, go to the "Settings" tab in your BackPain.online Account.

6.5 If a payment is not successfully settled, because your payment method has expired, you have insufficient funds, or otherwise, and you do not change your payment method or cancel your BackPain Online Subscription, we may suspend your BackPain Online Subscription and/or your BackPain.online Account until we have obtained a valid payment method. When you log into your BackPain.online Account to update your payment method in "Settings", you authorise us to charge the updated payment method for your BackPain Online Subscription and you remain responsible for any uncollected amounts. This may result in a change to your payment dates or subscription period.

6.6 We reserve the right to change the date we charge you if your payment method has not been successfully authorised or if your subscription renewal date does not occur in a given month, for example, if you are usually charged on the 30th of a month, if the subscription renewal date falls in February you will be charged on the 28th.

6.7 We use other companies, agents or contractors to process credit card transactions or other payment methods.

6.8 For some payment methods, the relevant issuer may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your payment method. Local taxes and charges may vary depending on the payment method used. Check with your payment provider for details.

6.9 If you have a BackPain Online Subscription which starts with a free trial, or if you use a Promotional Offer which requires you to provide your payment details, a payment may be authorised by your bank when your free trial or Promotional Offer begins but no payment will be taken by us for this free trial period or for this Promotional Offer period. You should be aware however that this may affect your available balance or credit limit.

7. Automatic renewal

7.1 Your BackPain Online Subscription (if relevant) will automatically renew for a further period of one month unless you cancel your subscription before your next renewal date.

7.2 If you do not cancel your BackPain Online Subscription before the end of the current subscription period (or free trial period), your BackPain Online Subscription will automatically renew. If your BackPain Online Subscription automatically renews, you will be charged the total subscription fee due for the next month's subscription period.

8. Price changes

8.1 We may change the price of your BackPain Online Subscription from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. We will let you know the date on which any price change is due to come into effect.

8.2 If we notify you of a price change and you do not want to continue your BackPain Online Subscription at the new subscription price, you can cancel your BackPain Online Subscription either: (i) before the start of the next subscription period by following the steps in section 9 (Cancellation) below; or (ii) at any time before the price change becomes effective by providing us with notice via the contact details at section 26.

9. Cancellation

9.1 You can cancel your BackPain Online Subscription before the end of the current subscription period (or free trial period), and the cancellation will be effective at the end of the current subscription period (or free trial period). This means that if you are part of the way through a subscription period (or free trial period), you will be able to continue to use your BackPain Online Subscription until the end of the current subscription period (or free trial period).

9.2 When you purchase a BackPain Online Subscription from us you agree that: (a) we will provide you with access to your BackPain Online Subscription immediately; and (b) where we obtain your consent when you sign up, you waive your statutory right to: (i) change your mind about your BackPain Online Subscription; and (ii) receive a refund within the applicable cooling off period.

9.3 To manage or cancel your BackPain Online Subscription, log into your BackPain.online Account and choose the "Settings" tab.

10. Refunds and credits

Without affecting your statutory rights, unless these Terms of Use state otherwise, payments are non-refundable and there are no refunds or credits for partially used billing periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers. If we do this for any reason this does not mean we are obligated to do so again, even in the same circumstances.

11. Supported devices and updates

11.1 Availability of the Service, your BackPain Online Subscription and BackPain Online Content depends on the quality of your internet connection and device capabilities.

11.2 To get the best experience, we recommend that you accept any updates to the Service as and when they become available. This may also require you to update your device operating system.

11.3 Your use of any updates, modifications to, or replacement versions of the Service will be governed by these Terms of Use and any additional terms you agree to when you install such update, modification, or replacement version.

12. Your data usage

You are responsible for all internet access, mobile data or other charges incurred when using the Service and your BackPain Online Subscription. Remember that streaming and downloading audio-visual content such as videos and games can use up a lot of data.

13. Changes to the Service

13.1 We may at any time make changes to any element of the Service, your BackPain Online Subscription, your BackPain.online Account or the BackPain Online Content. We therefore have the right to add or withdraw BackPain Online Content at any time, with or without notice. You acknowledge and agree that the BackPain Online Content is variable and will change from time to time without notice. There may also be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the Service. We may also update or upgrade the Service from time to time.

13.2 If changes to the Service are likely to materially adversely affect BackPain Online we will try to make sure that any such changes that take effect during your current subscription period are kept to a minimum where possible, so you have the chance to cancel your BackPain Online Subscription before the next subscription period begins by following the steps in section 9 (Cancellation) above. If we have to make a materially adverse change to the Service during your BackPain Online Subscription, we will give you 30 days’ notice and the right to cancel. If you do not cancel your BackPain Online Subscription after we have notified you about any changes and before these changes take place, and you continue to use the Service, we will take that as your acceptance of the changes. If you do cancel your BackPain Online Subscription after we have notified you about any changes and before these changes take place, and you cancel the Service, we will provide you with a refund in respect of the period between the date on which the materially adverse change is due to take effect, and the last date of the subscription period.

14. Ownership

14.1 The Service and all BackPain Online Content is protected by copyright, trademark, and/or other proprietary intellectual property rights owned by or licensed to us.

14.2 You have no intellectual property rights in, or to, the Service, the BackPain Online Subscription or the BackPain Online Content other than the right to use them in accordance with these Terms of Use.

14.3 You may not remove, alter or in any way tamper with any copyright notices or other proprietary markings included in the Service or any BackPain Online Content. Any copying, access, transfer, public performance or communication to the public or other use of the Service, the BackPain Online Content or the BackPain Online Subscription other than as expressly authorised by your local law or these Terms of Use shall constitute an infringement of applicable intellectual property rights and a breach of these Terms of Use. In the event of such infringement, we may, without notice or prior intervention of a court or arbitral body, block your access to the Service and terminate any BackPain.online Account you may have and pursue any rights or remedies available to us.

15. Your use of the Service

15.1 You confirm that: (a) any information and details provided by you to us, including on registration of a BackPain.online Account, are true, accurate and up to date in all respects and at all times; (b) you will at all times comply with these Terms of Use; and (c) you will not use the Service for any unlawful purpose or in a way which infringes the rights of anyone else.

15.2 You must use the Service in accordance with all applicable laws, rules and regulations, and any other restrictions on your use of the Service, the BackPain Online Subscription or the BackPain Online Content.

15.3 You must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service, the BackPain Online Subscription or BackPain Online Content.

15.4 The Service, the BackPain Online Subscription and BackPain Online Content are licensed to you (not sold) for your personal and non-commercial use only. While you are using the Service, we grant you a limited, non-exclusive, non-transferable, licence to access the BackPain Online Content and download, temporarily store and view the BackPain Online Content. Except for the limited licence granted to you in these Terms of Use, no right, title or interest in the Service, the BackPain Online Subscription or the BackPain Online Content shall be transferred to you. You must not reproduce, perform, display or exhibit the Service, the BackPain Online Subscription or the BackPain Online Content in any public place.

15.5 You must not, and must not allow third parties to: (a) display, perform, publish, license, offer for sale, make and/or distribute copies of the Service, the BackPain Online Subscription or the BackPain Online Content; (b) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Service, the BackPain Online Subscription or the BackPain Online Content except as permitted by applicable law; (c) create derivative works of the Service, the BackPain Online Subscription or the BackPain Online Content of any kind whatsoever; or (d) circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service or the BackPain Online Content.

15.6 You agree not to register multiple times for a free trial or for the same type of Promotional Offer. Any such action shall be a breach of these Terms of Use and may result in the termination of your BackPain.online Account and/or BackPain Online Subscription.

16. Privacy

Any personal information you supply to us or that we collect from you when using the Service or your BackPain Online Subscription will be used by us in the ways set out in our Privacy Policy . Please also ensure you read our Cookies Policy.

17. Ending your right to use the Service

17.1 We may end your right to use all or any part of the Service or your BackPain Online Subscription immediately if we have a reasonable belief that you have breached these Terms of Use or if you are using the Service, the BackPain Online Content or your BackPain Online Subscription in any manner other than for its intended purpose or illegally. If what you have done can be put right we may give you a reasonable opportunity to do so.

17.2 If we decide to discontinue any part of the Service, we will give you at least 30 days’ prior notice (unless we need to discontinue the Service (or any part of it) immediately for legal reasons, including in order to comply with a court order). In no event will we be liable in any way for the discontinuation of the Service, the removal of or disabling of access to the Service or for the withdrawal of the service or any BackPain Online Content.

17.3 If we end your rights to use the Service or your BackPain Online Subscription you must stop all activities authorised by these Terms of Use, including your use of the Service or your BackPain Online Subscription.

18. Our liability to you

18.1 Nothing in these Terms of Use is intended to limit our liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.

18.2 If we breach these Terms of Use we will only be liable for losses which are a reasonably foreseeable consequence of that breach. Losses are foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms of Use.

18.3 We are not responsible for: (a) any use of the Service or BackPain Online Content which isn’t authorised by us; (b) any malfunction or interruption to the Service or BackPain Online Content due to unforeseeable circumstances that prevent us from fulfilling our obligations to you; (c) errors, viruses or bugs present in or arising from your use of the Service or BackPain Online Content; (d) incompatibility of the Service or BackPain Online Content with any other software or hardware (including any of your devices); and (e) any act or default of any third party supplier, device manufacturer or provider of a device operating system, which is beyond our reasonable control.

18.4 You have certain statutory rights under the applicable laws of your territory. Nothing in these Terms of Use is intended to affect these statutory rights. For more information about your statutory rights contact your local consumer organisation.

18.5 Apart from liability arising in respect of the circumstances set out in section 18.1 (which is unlimited), and subject to section 18.4, to the fullest extent permitted under local law, in no event shall our total liability to you for all damages arising from your use of the Service or the BackPain Online Content or your BackPain Online Subscription, exceed twice the amount you have paid for your BackPain Online Subscription.

18.6 We can't guarantee that the Service or the BackPain Online Content will be free from bugs or errors or that your access will be free from interruptions (for example there may be downtime for maintenance or updates or any power or server outages or other reasons outside our control), however where we are made aware of technical issues then we will always try to fix them.

18.7 Please note that we are not responsible for any lack of functionality or failure to provide any part of the Service or the BackPain Online Content, or any loss of content or data that is due to: your equipment, devices, operating system or internet connection, your failure to download the most recent published version of the Service or meet the compatibility requirements or the consequences of you changing your equipment, device, operating system or internet connection.

18.8 The BackPain Online Content available to your via your BackPain Online Subscription will be tailored to your needs, based on your responses to the e-consultation, and therefore we are entitled to rely on your responses as being a true and honest representation of your circumstances. It is your responsibility to let us know if that information changes during the course of your BackPain Online Subscription, or if any of your responses were or have become inaccurate during that time.

19. Changes to these Terms of Use

19.1 We may, from time to time, change these Terms of Use.

19.2 We will aim to notify you at least 30 days before making any material changes to these Terms of Use, unless the changes need to be implemented quickly for security, legal or regulatory reasons in which case we will notify you of the changes as soon as we can.

19.3 If any change to these Terms of Use will materially disadvantage you, or materially impact the availability of BackPain Online, we will provide you with 30 days’ notice before the changes become effective and you can choose to cancel your BackPain Online Subscription before the changes become effective (see section 9 (Cancellation) above).

19.4 If you continue to use the Service following any change to these Terms of Use, we will take this as your acceptance of the amended Terms of Use. The most up to date Terms of Use will always be available on the Service.

20. Transfer of rights

The agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree we can transfer our rights and obligations under these Terms of Use to any company, firm or person provided that your BackPain Online Subscription will not be adversely affected as a result of such transfer. You may not transfer your rights or obligations under these Terms of Use to anyone else.

21. Severance

If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected.

22. Waiver

To the extent we fail to or decide not to exercise any right of claim against you to which we are entitled, this will not constitute a waiver of that right unless otherwise indicated to you in writing.

23. Governing law

These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. However, these terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence. If you do not live in England or Wales, you will be able to bring a claim in the courts of your country of residence.

24. Complaints

If you have any complaint please speak to us first, by contacting us using the details below. In addition, please note that if you live in a European Union member state, or in Norway, Iceland or Lichtenstein, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution ("ODR") platform available at https://ec.europa.eu/consumers/odr. We do not currently use alternative dispute resolution ("ADR"), including through the ODR platform, as a means of settling consumer complaints.

25. Communications

25.1 We will send you information relating to your account and your subscription (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, content and feature updates and other service or transactional messages) by in-Service message or email to the email address provided during sign up (if you signed up via a third party, for example via one of our partners or using your account details with a platform, then we may obtain your email from that third party or platform so that we can keep you up to date with service-related messages).

26. Contacting us

You can contact us at any time by emailing [email protected].