Terms of Service
These are the terms of supply for services provided through our website (Site) and through any mobile application we provide (Application). The Site/Application is operated by or on behalf of Future Health Works Limited (trading as myrecovery) (myrecovery, we, us and our). We are a limited company, registered in England. Our registered company number is 09336986, and our registered office is at Unit 221, Screenworks, 22 Highbury Grove, London, N5 2ER, United Kingdom. Our VAT registration number is 209 2001 57.
Your use of the services offered on the Site/Application (Services) is subject to these terms and by using any Service you agree to be bound by them. You should print a copy of these terms for future reference. Use of the Application is subject to our Mobile App End-User License Agreement (EULA). Use of your personal information submitted to or via the Site/Application is governed by our Privacy [and Cookies] Policy.
These terms were last updated on 29/06/2017.
Registering with us
You should only use this Application if:
Your surgeon, doctor or other health professional (Surgeon) has recommended you download and use the Application as part of your surgery recovery process;
You agree to download and use the Application as part of your recovery process; and
You agree to provide your email address and telephone number to your Surgeon and agree that it can be shared with myrecovery to the extent necessary to provide you with the Services.
The Application is intended for use only by persons who are at least 13 years of age. By using the Application, you confirm to us that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or guardian before using the Application.
After providing your email address and telephone number, you will receive an email with a link to download the Application, as well as an SMS message containing your PIN code. Please do not share this PIN code with anyone else; it is for your personal use only.
Upon downloading the Application, you must set up your account with us by completing the account registration form in the Application. You will need to provide your name and email address, as well as the pin-code provided to you via an SMS. You only need to register once. You must provide us with accurate, complete and up-to-date information. You are responsible for the information you provide to us.
Upon registration for an account with us, you will be asked to create a password.
You must keep your password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account (unless expressly specified otherwise in the relevant Service description on the Site/Application) and, accordingly, you must not disclose password to anyone else.
You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your password (see Contacting us). Any breach of these terms and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.
The Services are described on the Site/Application.
The application is not a medical device
The Application is not and is not to be attempted to be used as a medical device. The Application helps to guide you as a patient through different stages of your recovery for information purposes only and must not be used as a proper diagnostic or therapeutic tool.
The Application only handles general patient-related data, which cannot be used to diagnose or prescribe treatment in your particular case. Only your doctor, surgeon, or other personal health professional can do that.
The application does not provide medical advice
The Application and Site are provided for general information purposes only and do not provide medical advice. Any information on the Application or the Site is designed as educational material and should not be taken as a recommendation for treatment of any particular person.
Although we try to personalise your experience by referring to possible individual circumstances, this should by no means be used as a substitute for professional medical advice, diagnosis or treatment, and should not be relied on to make decisions about your health.
Never ignore professional medical advice in seeking treatment because of something you have learned or seen using the Application or Site. As you continue to recover, you should continue being in touch with your surgeon or doctor as instructed by them.
The authors of any materials on the Application and the Site have formulated the information available with a reasonable standard of accuracy. Except as expressly set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
myrecovery is not responsible for any actions, decisions or recommendations of the Surgeons or other medical professionals. myrecovery is not a registry, and as such, does not review, and is not required to review, the performance data received through the Application from Surgeons or other medical professionals. To the extent permitted by law, myrecovery excludes all liability for any losses incurred in association with the data, actions, decisions and recommendations of the Surgeons or other medical professionals.
Changes to the service
As it is our policy continually to review and update our Service offerings, we reserve the right to make changes to any Service and/or to these terms from time to time.
Service suspension & termination
We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service and/or the Site/Application (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.
We may, with or without prior notice, terminate any contract between you and us (Contract) or suspend and/or terminate any Service and/or your use of your account in the event that you have breached any of these terms.
We maintain the right to withdraw your ability to use the Application at any time, if we understand, after consultation with your Surgeon, that the Application may no longer be suitable for your medical needs.
If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
- issue of a warning to you;
- immediate, temporary or permanent removal of any content submitted by you;
- immediate, temporary or permanent withdrawal of your right to use any Service;
- legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
- disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we may take any other action we deem appropriate.
Upon termination of any Contract or Service or your account, for any reason:
- all rights granted to you under these terms will immediately cease;
- you must promptly discontinue all use of the relevant Service; and
- you must pay us all outstanding amounts that you owe us.
Access to our site
We cannot guarantee the continuous, uninterrupted or error-free operability of our Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.
You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
What you are allowed to do
You may only use the Site for non-commercial use (unless expressly granted permission to do otherwise by myrecovery) and only in accordance with these terms. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form.
Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in these terms, you are not allowed to:
‘scrape’ content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which the Site is hosted; or
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.
Intellectual property rights
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors.
Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
Site features & content
We may change the format, features and content of the Site from time to time. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.
Whilst we try to make sure that content on the Site consisting of information of which we are the source is correct, you acknowledge that the Site may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information on the Site is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Nothing in these terms shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
- for any other liability that, by law, may not be limited or excluded.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
We are not affiliated with, nor are we an agent of, your surgeon, doctor or other health professional and we are not liable for any recommendations or advice given to you by your doctor or surgeon, or other medical advisers or third parties.
All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with our express written consent.
These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
These terms shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
You agree that any dispute between you and us regarding these terms or any Contract will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
The European Online Dispute Resolution platform provides information about alternative dispute resolution which may be of interest.
Please submit any questions you have about these terms or an order you have placed or ordering in general, or any complaint or concern in relation to any Service ordered by email to firstname.lastname@example.org or write to us at:
32-34 Gordon House Road
London NW5 1LP