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    Terms & Conditions 

    PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE APP OR THE BACKHUG.

     

    These Terms

    We are Pacla Medical Limited (company number SC513633) (we and us), a company registered in Scotland and with a registered office at Reception Business Centre, 21 Lansdowne Crescent, Edinburgh, EH12 5EH, UK.

    These Terms apply to the use of our “BackHug” robotic back care device and the related App.

    These Terms apply to you if you have purchased or subscribed to the BackHug for use in your home, if you are a business and have purchased or subscribed to the BackHug for your business premises, or if you are using the BackHug at a business or external location. If you have purchased or subscribed to the BackHug for use in your home or if you are a business which has purchased or subscribed to the BackHug, some of these Terms will be in your agreements with us. If you have purchased or subscribed to the BackHug for use in your home, some of these terms will not apply to you, for example the terms regarding booking a session to use the BackHug.

    We provide BackHugs to various host organisations (“Hosts”) to enable use at their premises (“Locations”). In order to book a session to use the BackHug at a Location, you need to set up an account using the App.

    These Terms set out the conditions which apply to the booking and use of the BackHug. If you do not agree to these Terms you must cancel your account. Use of an account will be treated as acceptance of these Terms.

     

    Use of the BackHug

    This section contains important information on the use of the BackHug. You should read this carefully.

    Subject to “Liability” below, we cannot accept any responsibility if you use the BackHug in contravention of this section.

    The BackHug operates by applying a firm pressure to your back with robotic fingers made of plastic and metal and covered with a rubber tip. If you are concerned that this mode of operation might cause you injury you should not use the BackHug.

    The BackHug has different modes of strength which you can choose from. If you are feeling discomfort or pain while using the BackHug, reduce the strength of the BackHug. If you continue to feel discomfort or pain after reducing the strength stop using the BackHug immediately.

    If you feel the BackHug’s fingers touching your spine or the area close to your spine, reduce the strength of the BackHug. If you continue to feel the BackHug’s fingers touching your spine or the area close to your spine after reducing the strength stop using the BackHug immediately.

    Due to the manner in which the BackHug operates, you may experience some bruising after using the BackHug. If you experience bruising, do not use the BackHug until your bruises have healed. If you experience bruising you should reduce the strength of the BackHug.

    When using the App to operate the BackHug, you are in total control over all treatment parameters including (but not limited to) strength of treatment. By accepting these Terms, you acknowledge that you are in control of your treatment and that you can vary any of its parameters. You should have the App available at all times during treatment so you can vary the parameters. You should start with a lower strength setting and only increase strength gradually. Never increase strength to a level where you feel pain.

    If you start to feel unwell or if the session seems painful while using the BackHug, you should stop using the BackHug immediately.

    After you use the BackHug, you may experience increased discomfort or have the impression of an increase in your back pain-related symptoms. This is a recognised phenomenon which therapists refer to as “initial aggravation”. Initial aggravation is often experienced by people receiving manual back therapy. Your body may undergo an initial adjustment in response to BackHug treatment. This is considered to be a symptom of the healing process. Initial aggravation that may occur does not necessarily mean you should not use the BackHug, but if you have concerns please email us at hello@paclamedical.com, or consult a physician or therapist. If the initial aggravation leads to continued discomfort, stop using the BackHug immediately and speak to a physician.

    If you have sensitive skin or are susceptible to bruising, you should not use the BackHug. If you experience bruising after using the BackHug, you should allow your bruises to heal before using the BackHug again.

    Repeated use of the BackHug, particularly with strong pressure settings, may leave marks or cause dry skin or discolouration from time to time. This effect can be mitigated by wearing extra layers of clothing or by placing a blanket or other softening layer on the device during use.

    You should not use the BackHug if you:

    • are 18 years old or younger;
    • are pregnant;
    • are ill;
    • have back, neck, shoulder or hip injuries; and/or
    • have back, neck, shoulder or hip-related medical conditions.

    If you have a prior medical condition of any kind or receive medical treatment in any area of your body, consult a physician before using the BackHug.

    If you have reduced physical, sensory or mental capabilities, ensure you have been given instruction on how to use the BackHug and/or use the BackHug with supervision.

    Please note that the recommended height for a user of the BackHug is between 4’11” ft (150 centimetres) and 6’5” (198 centimetres). The recommended weight for a user of the BackHug is 26 stone (165kg) or less. Anyone who does not fall within either of these recommended height or weight parameters should only use the BackHug on the recommendation of their general practitioner or equivalent.

    Anyone who is 75 years old or older should consult a physician before using the BackHug.

    You should not start the BackHug unless you are lying on your back on the BackHug. Ensure the BackHug is in the parked position with the leg rest retracted before getting on to the BackHug. When using the BackHug, do not twist your body and always try to maintain straight posture.

    Remove any sharp jewellery, belts or other accessories that may damage the BackHug before use.

    Wear soft, light clothing for each session. 

    Do not attempt to stand on or sit on the membrane, finger mechanism, or leg rest of the BackHug.

    Do not attempt to use the BackHug for your head, abdomen, stomach or knees.

    Do not use the BackHug for more than 60 minutes at a time, or a total of 60 minutes in a 24-hour period.

    Do not attempt to place your fingers or hands in the cavity beneath the BackHug’s leg rest when the leg rest is extended.

    If you do not adhere to the above terms we shall not be liable for any issues or injuries you or anyone else may experience, subject to “Liability” below.

     

    Accounts

    In order to use the BackHug, you must register for and maintain an active personal user services account (Account).

    You must be at least 18 years old, or the age of legal majority in your jurisdiction (if greater than 18), to register for or use an Account.

    You will maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the BackHug or our termination of this Agreement.

    You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by us in writing, you may only possess one Account.

    You may not assign or otherwise transfer your Account to any other person or entity.

    If you allow another individual to use your Account, we shall not be liable for any injuries or issues which arise as a result of their use of your Account. 

     

    Bookings

    You can request a booking for use of the BackHug (Booking) in the App. Please read and check your request for a Booking carefully before submitting it.

    We may contact you to say that we cannot fulfil your request for a Booking. This is typically for the following reasons:

    • the Booking cannot be carried out, for example because the device is undergoing repair or maintenance or is otherwise unavailable; or
    • there has been an error regarding the availability of booking services for your chosen device.

    Your request for a Booking will be deemed to be accepted once we confirm that request to you via email.

    You must redeem a Booking on the date and time of that Booking. If you attempt to redeem the Booking after the date and time of that Booking the booking will be deemed to be expired.

    You may cancel your Booking at any time until the time of your Booking.

    Your Booking will be registered to your Account and can be accessed at any time in the App.

    Unless otherwise specified by the organisation in which the BackHug is hosted or by us, a single Account holder can make a maximum of two Bookings on any BackHug at a single host location or on a single BackHug in any 24-hour period. A single Account holder can make a maximum of 10 outstanding Bookings at any given time.

    You can make a Booking up to ninety (90) days in advance.

    If you make and cancel three Bookings within a 24-hour period, your Account will be suspended for 24 hours from the time of cancellation of the third Booking. If you receive three such Account suspensions in a 30-day period, your Account will be suspended indefinitely. This suspension will remain in force unless you contact us by email at support@paclamedical.com. We will decide whether to restore your access to your Account at our sole discretion.

    By making a Booking, you acknowledge that the BackHug is provided by us, and that any responsibility for the BackHug’s performance rests with us, not with the BackHug host, beyond any of the host’s legal duties (for example, in respect of health, safety and environmental obligations).

     

    Warranties

    Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date or that the BackHug is appropriate for treating or relieving any pain, discomfort or medical condition. 

     

    Liability

    The BackHug is not a substitute for medical advice. We do not accept liability for any loss, injury of damage where you fail to comply with these Terms and in particular the conditions regarding the use of the BackHug.

    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, but 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 you accepted these Terms, both we and you knew it might happen.

    We do not exclude or limit 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.

    If defective digital content that we have supplied 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 to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

    The App and the Booking services are for private use only.

    We cannot accept liability for any loss. injury or damage which is due to the condition of the Location or the failure by the applicable Host to maintain the BackHug properly.

     

    Termination

    We may end your rights to use the App at any time by contacting you if you have broken these Terms in a serious way. If your breach of these Terms can be rectified we will give you a reasonable opportunity to do so.

    If we end your rights to use the App:

    • You must stop all activities authorised by these Terms, including using the App.

    • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

    • We may remotely access your devices and remove the App from them.

     

    Notice

    We may give notice by means of a general notice by email to the email address in your Account, or by written communication sent to the address you have specified in your Account. You may give notice to us by email at hello@paclamedical.com.

     

     

    Data

    We use your personal data in accordance with our privacy policy (which we notified to you as part of the account registration procedure) and applicable data protection legislation. Our privacy policy can be found here.

     

    General

    We are not responsible for events outside our control. If our provision of support for the App 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 may transfer our rights and obligations under these Terms to someone else. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights. You may only transfer your rights or your obligations under these Terms if we agree in writing.

    This agreement does not give rise to any rights to any third parties to enforce any of these Terms.

    Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    These Terms are governed by English law and you can bring legal proceedings in respect of the App or the BackHug in the English courts.