Terms & Conditions

Last updated: 15th February 2024
Who we are and what these Terms do

We, Snow Squared Ltd of Brunel House 11 The Promenade, Clifton, Bristol, United Kingdom, BS8 3NG ("PreActiv") license you to use the MyPrehub prehabilitation web application and the content we provide to you through it ("Service") as permitted in these Terms.

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the MyPrehub prehabilitation programme operated by PreActiv ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

You must be 18 or over to create an account

Upon creating an account with us, you agree that you are 18 or over.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

Your Privacy

We only use any personal data we collect through your use of the Service in the ways set out in our privacy policy which also contains information on cookies used by the Service.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

You must not upload any personal data belonging to a third party unless you have the consent of that third party or another legal basis on which to do so.

Support for the Service and how to tell us about problems

If you want to learn more about the Service or have any problems using them please contact us here

Contacting Us (including with complaints)

If you think the Service is faulty or misdescribed or wish to contact us for any other reason please email our customer service team here.

How we will communicate with you

If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

How you may use the Service

In return for your agreeing to comply with these Terms you may access the Service through your personal computer, phone or other handheld device and view, use and display the Service on such devices for your personal purposes only.

You must be 18 to accept these Terms and use the Service

You must be 18 or over to accept these Terms and use the Service.

You may not transfer the right to use the Service to someone else

We are giving you personally the right to use the Service as set out above. You may not permit someone else to use the Service, whether for money, for anything else or for free.

We may make changes to the Service

We may update and change the Service from time to time to reflect changes to our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may collect technical data about your use of the Service

By using the Service, you agree to us collecting and using technical information about how you use the Service, the devices you use the Service on and related software, hardware and peripherals to improve our products.

We are not responsible for other websites you link to

The Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or service offered by them.

We may suspend or withdraw the Service

We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

The Service is only for users in the UK

The Service is directed to people residing in the United Kingdom. We do not represent that content available on or through the Service is appropriate for use or available in other locations.

We are not responsible for viruses and you must not introduce them

We do not guarantee that the Service will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Service. You should use your own virus protection software.

You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

You must not attempt to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, 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 the Service will cease immediately.

You Must Keep Your Account Details Safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must 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 help@preactiv.co.uk.

Licence Restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the Service in any form, in whole or in part to any person;
  • not copy the Service;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the Service nor permit the Service or any part of it to be combined with, or become incorporated in, any other programs;
  • not modify 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;
  • not use the Service for commercial purposes;
  • not create derivative works based on the whole or any part of the Service;
  • not frame the Service on any other site, nor may you create a link to any part of the Service.

If you use, print off, copy or download any part of the Service in breach of these Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made in relation to the Service.

Acceptable Use Restrictions

You must:

  • not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the Service, 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 Service;
  • not use the Service 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 our systems or attempt to decipher any transmissions to or from the servers running the Service.
Submitted Content

You agree that if you submit any content to the Service:

  • any submission will be accurate and complete;
  • by making such submission you grant us a perpetual, royalty free, worldwide right to use such content in any way we deem fit;
  • you have all necessary rights and consents from relevant third parties to submit the content;
  • you are responsible for the content of such submission and all consequences of its use, that we do not accept any liability for such content and have the right to remove it if we think necessary; and
  • the content will be made available to other parties participating in the Trial and you waive any rights to confidentiality in respect of such content.
Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of PreActiv and its licensors.

All intellectual property rights in the Service and any documentation provided to you relating to the Service throughout the world belong to us (or our licensors) and the rights in the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the Service or such documentation other than the right to use them in accordance with these Terms.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. We advise consulting your doctor before starting any prehabilitation programme. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. 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. 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.

Nothing in these Terms excludes or limits 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 the Service 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 or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system security requirements.

Limitations to the Service. The Service does not offer advice on which you should rely. You must obtain professional or specialist advice and use your own judgment before taking, or refraining from, any action based on information obtained from the Service. Although we make reasonable efforts to update the information provided by the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Check that the Service is suitable for you. The Service has not been developed to meet your individual requirements. Please check that the facilities and functions of the Service meet your requirements.

We are not responsible for events outside our control. If our provision of the Service 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. We will not be liable for delays caused by such event.

We may transfer these Terms 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 these Terms.

You need our consent to transfer your rights to someone else

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

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

Governing Law
Which laws apply to these Terms and where you may bring legal proceedings

These Terms are governed by English law and you can bring legal proceedings in respect of the Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Service in either the Northern Irish or the English courts.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us here

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.