Terms and Conditions

 

Introduction and terms of use

1.1  These terms and conditions shall govern your use of our website/MyPain app. 

1.2  By using our website/app, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. 

1.3  If you register with our website/app, submit any material to our website/app or use any of our website or app services, we will ask you to expressly agree to these terms and conditions. 

1.4  You must be at least 18 years of age to use our website/app; by using our website/app or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. 

1.5  Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.


2. Copyright notice

2.1  Copyright (c) 2013-2020 My Pain Limited all rights reserved. 

2.2  Subject to the express provisions of these terms and conditions: 

(a)  we, together with our licensors, own and control all the copyright and other intellectual property rights in our website/app and the material on our website/app; and 

(b)  all the copyright and other intellectual property rights in our website/app and the material on our website/app are reserved.

3. Licence to use website

3.1  You may: 

(a)  view pages from our website/app in a web browser; 

(b)  download pages from our website/app for caching in a web browser; 

(c)  print pages from our website/app;

(d)  stream audio and video files from our website/app; and 

(e)  use our website/app services by means of a web browser, subject to the other provisions of these terms and conditions. 

3.2  Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website/app or save any such material to your computer. 

3.3  You may only use our website/app for your own personal use, and you must not use our website/app for any other purposes. 

3.4  Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website/app. 

3.5  Unless you own or control the relevant rights in the material, you must not: 

(a)  republish material from our website/app (including republication on another website/app); 

(b)  sell, rent or sub-license material from our website/app; 

(c)  show any material from our website/app in public; 

(d)  exploit material from our website/app for a commercial purpose; or 

(e)  redistribute material from our website/app. 

3.6  Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7  We reserve the right to restrict access to areas of our website/app, or indeed our whole website/app services, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website/app.

4. Reliance on information posted

Our site does not give medical advice in relation to any individual case or patient. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents. You should contact a health professional if you are at all concerned about your health.

If you are a medical or health professional then you are encouraged to use our site for general information purposes only. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents.


5. Our site changes regularly

We aim to update our site regularly and may change the content at any time.  If the need arises, we may suspend access to our site or close it indefinitely.  Any of the material on our site may be out-of-date at any given time and we are under no obligation to you to update such material.

6. Our Liability

6.1

The material displayed/available on our site is provided without any guarantees, conditions or warranties as to its accuracy.  To the extent permitted by applicable law, we hereby expressly exclude:

  1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

  2. any liability for any direct, indirect or consequential loss or damage incurred by you in connection with our site and any materials available/posted on it or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials available/posted on it, including (without limitation) any liability for:

    1. loss of data;

    2. wasted time; and

    3. any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

6.2

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it (or on any website linked to it).

6.3

The provisions above do not affect our liability for:

  1. death or personal injury arising from our negligence;

  2. our liability for fraud or fraudulent misrepresentation;

  3. any other liability which cannot be excluded or limited under applicable law.

7. Information about you and your visits to our site

We process information about you in accordance with our privacy policy.  By using our site and creating an account, you consent to such processing and you warrant that any and all data provided by you is accurate.


8. Uploading content on our websites

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our [acceptable use policy] .  You warrant that any such contribution does comply with those standards.

  1. We have the right to remove any material or posting you make on our site if (in our sole and absolute opinion) such material does not comply with the content standards set out in our [acceptable use policy]

  2. Any material you upload to our site will be considered non-confidential.  We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.

  3. We will not be responsible to you for the content or accuracy of any materials posted by you or any other user of our site.

9. Virus, Hacking and other Offenses

  1.  You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.  You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

  2. By breaching the provision above, you would commit a criminal offence under the Computer Misuse Act 1990.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our site will cease immediately.

10. Linking to our websites

You may link to our home page mypain.uk only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.


11. Jurisdiction and applicable law

  1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site (although we retain the right to bring proceedings against you for breach of these terms in your place of residence or any other relevant territory). 

  2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

12. Variations

We may revise these terms of use at any time.  Should we do so, we will require you to accept the revised terms before you may use our site again.

13. Concerns

If you have any concerns about material, which appears, on our site, please email enquiries@my-pain.co.uk or contact@mypain.uk or use the contact form on our website and we will get back to to you soon.