Terms of Service
The Services available to you on this website (as defined in clause 2.1 below) are provided by ecovery Limited, a company incorporated in England and Wales with company number 12497257 and having its registered office at C/O Equate 17 Appleton Court, Calder Park, Wakefield, WF2 7AR (“we” / “our” / “us”). You may contact us by emailing us at email@example.com.
By using our website, you confirm that you have read and accept the Terms and that you agree to comply with them. If you do not accept the Terms in full, please do not use the website or the services we provide.
(1) These Terms
(1.1) Why you should read them. Please read these Terms carefully before using the Services. These Terms tell you who we are, how we will provide Services to you, what to do if there is a problem and other important information. If you have any queries about these Terms or the Services we provide, please contact us to discuss.
(1.2) Changes to these Terms. We may revise the Terms at any time. Please check the Terms on this webpage from time to time to take notice of any changes we made, as they are binding on you.
(1.3) Updates to our website. We may update our website from time to time, and may change the content at any time. Please note, however, that we are under no obligation to keep the content up to date nor to ensure that it is free from errors or omissions.
(2) Our Services
(2.1) The services we provide. We carry out a clinical screen based on information you provide to us in order to:
(2.1.1) direct you to a choice of specialist clinicians and for your chosen clinician to advise you upon, diagnose and / or treat a musculoskeletal injury or problem you may have suffered; or
(2.1.2) in accordance with clause 2.9, determine that an appointment with a specialist clinician is not required.
The services described above shall be referred to throughout these Terms as the “Services”.
(2.2) We do not provide a medical diagnosis. Instead, we provide you with a clinical screen which enables us to determine whether or not you should contact a specialist clinician in order to seek advice, medical diagnosis and / or treatment.
(2.3) Our charges. We provide the Services free of charge to you.
(2.5) If you are under 16. You may use our website and the Services if you are under 16, but we will contact you to seek consent from your parent, carer or guardian to your use of the Services and our collection of your personal data. We will be unable to provide Services to you if we do not receive that consent.
(2.6) If you are unable to access our Services or would prefer to provide the relevant information to us without using our Website Form, please contact us at firstname.lastname@example.org.
(2.7) The Process for using our Services. If you wish to use our Services you will be required to submit information about your injury using the form on our website (the “Website Form”). Once you have submitted the Website Form we will review the information provided and determine:
(2.7.1) whether we require further information from you in order to make the initial clinical screen, in which case clause 2.8 applies;
(2.7.2) whether as a result of our initial clinical screen our opinion is that you do not need to see a specialist clinician, in which case clause 2.9 applies; or
(2.7.3) whether as a result of our initial clinical screen our opinion is that your injury requires advice from, diagnosis and / or treatment by a specialist clinician, in which case clause 2.10 applies.
(2.8) When we need further information. If, pursuant to clause 2.7.1, we require further information from you, we will either telephone you or email you to discuss your injury. Once we have obtained the necessary information from you, we will follow the process set out in either clause 2.9 or clause 2.10, as appropriate.
(2.9) When you do not need to see a specialist clinician. If, pursuant to clause 2.7.2, we determine on the basis of the information provided to us that you do not need to see a specialist clinician, we recommend that you reassess your injury after a period of 3 months from the date of our advice email to you. If after 3 months you continue to suffer any problems or have any concerns about your injury, you should make an appointment as soon as possible with your GP or with a specialist clinician. We may also recommend that you make an appointment with a physiotherapist to discuss your injury in more detail. We can provide you with advice on how to find a suitable physiotherapist but our services do not include referring you to a specific physiotherapist. If we determine that you don’t need to see a specialist clinician we may contact you within 6 weeks of our decision to follow up on your injury and to find out whether you need any further help from us.
(2.10) If you would still like a referral. If we determine in accordance with clause 2.9 that you do not need to see a specialist clinician or that a physiotherapist may be able to help but you would still prefer to be emailed with our specialists recommendations, please let us know. We are happy to advise you of your specialist options if that is your preference.
(2.11) When we recommend you see a specialist clinician. If, pursuant to clause 2.7.3 we determine on the basis of the information provided by you that your injury requires advice from, diagnosis and / or treatment by a specialist clinician, we will provide you with the details of one or more clinicians that we recommend. We recommend clinicians on the basis of their experience, skills and abilities in dealing with the issues you describe in the Website Form. We do not guarantee that any or all of the clinicians will meet the criteria and / or requirements you have specified in the Website Form but we will use reasonable endeavours to recommend clinicians that meet those criteria and / or requirements. We will prioritise the experience and skillset of the clinician when recommending them to you.
(2.12) When we are unable to help. We will notify you if we are unable to determine whether or not you should contact a specialist clinician based on the information you have provided and you should use an alternative route, such as making an appointment with your GP or with a specialist clinician to seek advice about your injury. Subject to clause 3.1, we will have no liability to you pursuant to this clause and clause 2.11.
(2.13) We are not an emergency clinical service. The purpose of our Services is to provide you with a clinical screen and, if appropriate, to refer you to a specialist clinician. We do not provide you with a medical diagnosis and our advice and the Services should not be used as a substitute or replacement for professional medical advice, diagnosis, assistance, treatment or procedure. The website and our Services are not suitable for emergency medical care or needs and you should not avoid or delay obtaining medical advice from a qualified healthcare provider.
(2.14) When we will provide our recommendations to you. We will use reasonable endeavours to provide our recommendations to you, or to contact you requesting further information, within 24 hours of your submission of the Website Form. We will always use reasonable endeavours to contact you within 24 hours to provide you with an update. If, prior to provision of our recommendation, your injury changes or worsens you should notify us and / or seek advice from your GP, a specialist clinician or by phoning 111 or 999 as appropriate.
(2.15) Your completion of the Website Form. You confirm that all information you provide in the Website Form is complete and accurate as at the date of submission.
(2.16) Your relationship with the clinician. Subject to clause 2.17, once we have emailed you our recommendations, we have no further involvement unless you seek further information from us. If you choose to contact one of the clinicians we recommend, the clinician will provide you with their own terms and conditions in respect of the provision of services to you by them. You are liable for all costs associated with the services provided to you by the clinician. We recommend that you liaise with your private medical insurer to determine whether those costs are covered by your insurance policy before you incur any costs.
(2.17) We would like to hear your feedback. We are keen to make sure you receive the best possible service from us and from the clinicians we recommend to you, if applicable. Within 12 weeks of our recommendations we will send you a Customer Satisfaction Survey to find out whether you are satisfied with the services you have received. You are not required to complete the Customer Satisfaction Survey.
(2.18) If you have concerns about a clinician recommended to you. If you have any concerns about the clinicians we recommend, either prior to or after an appointment with the clinician or communication between you and the clinician, please let us know. We will use reasonable endeavours to help you to resolve any issues that arise and / or we will cease to recommend individuals to a particular clinician if we deem necessary.
(2.19) Termination of our contract with you. Our contract with you will continue until the date that is 6 months after the date on which you submit the Website Form. If you wish to use our services following termination of our contract with you, whether in respect of the same injury or a different injury, you will be required to submit a new Website Form and a new contract will commence on submission of that Website Form. If you wish to terminate your contract with us before the end of the 6 month period referred to above, please email us at email@example.com. If we wish to terminate our contract with you prior to the end of the 6 month period referred to above (for example because you have provided us with insufficient information and we are unable to provide the Services to you) we will contact you in writing.
(3) Our liability to you
(3.1) No limit on our liability. Nothing in these Terms limits or excludes our liability for:
(3.1.1) death or personal injury caused by our negligence;
(3.1.2) fraud or fraudulent misrepresentation; or
(3.1.3) foreseeable loss and damage caused by us.
(3.2) Unforeseeable losses. Subject to clause 3.1, 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 the contract was made, both we and you knew it might happen, for example, if you discussed it with us as part of the process.
(3.3) We have no liability to you in respect of the actions or failure to act of a clinician. Subject to clause 3.1, we will not be liable to you in respect of any actions, advice, diagnosis and / or treatment provided by a clinician to you, including any failure by the clinician to act, provide advice, diagnosis and / or treatment and including the cost of the services provided by the clinician.
(3.4) We have no liability to you to the extent the information you provide is inaccurate or incomplete. Subject to clause 3.1, we will have no liability to you to the extent the liability arises as a result of our reliance on the information you provided in the Website Form or in subsequent correspondence or communications between us. If we have any queries about the information you provide in the Website Form or if we require further information from you, we will follow the process set out in clause 2.8.
(3.5) We have no liability to you if you fail to follow our recommendations. Subject to clause 3.1, if you choose not to follow the recommendations we provide to you pursuant to clause 2.10 above, we will not be liable to you for any harm, damage or loss suffered as a result of your failure to follow our recommendation.
(3.6) We are not liable for business losses. We supply the Services and our website for domestic and private use. If you use the Services or our website for any commerical, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
(3.7) Our total liability to you. Subject to clause 3.1, our total liability to you pursuant to these Terms, whether in contract, tort, negligence or otherwise shall be limited in aggregate to £1 million (one million pounds sterling).
(4) Your Access to our Website
(4.1) We shall not be liable if the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
(4.2) Security information. If you choose or are provided with a user identification code, password or any other piece of information as part of our security procedures, you should treat such information as confidential and not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
(5) Intellectual Property
(5.1) Our intellectual property rights. All intellectual property rights in and on the website, including without limit, the text, graphics, designs, trade marks and copyright works, is owned by us. All such rights relating to these works are reserved.
(5.2) Your rights to use our intellectual property. You may print off one copy, and may download extracts, of any page(s) from our website for your personal use. You must not modify, copy, republish or redistribute the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
(5.3) Commercial use not permitted. You must not use any part of the content on our website for commercial purposes without obtaining a written licence to do so from us or our licensors.
(5.5) Linking to our website. If you wish to link in any way to any part of this website, you must obtain our prior written consent.
(6) Your Material and Conduct
(6.2) Restrictions on your use of our website. You are prohibited from posting or transmitting to or from the website any material:
(6.2.1) that is threatening, defamatory, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(6.2.2) for which you have not obtained all necessary licences and / or approvals;
(6.2.3) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country; and / or
(6.2.4) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
(6.3) Your conduct. You may not misuse the website (including, without limitation, by hacking).
(7) Third Party Websites
(7.1) The website, service and emails from ecovery may contain links to third party websites, including websites via which you are able to purchase products and services. They are provided for your convenience only and we do not check, endorse, approve or agree with such third party websites nor the products and / or services offered and sold on them. We have no responsibility for the content, products and / or services of the linked websites.
(8) We may transfer our contract with you 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.
(9) Nobody else has any rights under this contract. The contract pursuant to these Terms is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the contract or make any changes to these terms.
(10) If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
(11) These Terms are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
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