TERMS OF USE

This Terms of Use policy (together with the documents referred to in it) tells you the terms of use on which you may make use of Betterfy ("Betterfy" or "App"), whether as a guest or a registered user. Use of Betterfy includes accessing, browsing, or registering to use the App.

Please read these Terms of Use carefully before you download and start to use Betterfy, as these will apply to your use of the App. We recommend that you print a copy of this for future reference. By downloading and using Betterfy, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use Betterfy.

We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

OTHER APPLICABLE TERMS

These Terms of Use refer to the following additional terms, which also apply to your use of our app:
  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using Betterfy, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on Betterfy.

INFORMATION ABOUT US

BETTERFY IS AN APPLICATION DEVELOPED BY RSCPP LIMITED ("RSCPP"). WE ARE REGISTERED IN ENGLAND AND WALES UNDER COMPANY NUMBER 06285631 AND HAVE OUR REGISTERED OFFICE AT KINGS PARADE, LOWER COOMBE STREET, CROYDON CR0 1AA, ENGLAND, UK. OUR VAT NUMBER IS 990 4178 95.

CHANGES TO BETTERFY

We may update Betterfy from time to time, and may change the content at any time. However, please note that any of the content on Betterfy may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that Betterfy, or any content on it, will be free from errors or omissions.

ACCESSING BETTERFY

Use of Betterfy is made available free of charge. Use of any Interactive Services and professional services provided by business users registered with the Health and Care Professions Council ("Therapists") will be subject to the charge(s) indicated.

Betterfy provides content and information that is generated and created by Betterfy ("Betterfy Content") and also enables uploading of content by Therapists ("Therapist Content"). We do not guarantee that Betterfy, or any Betterfy Content, will always be available or be uninterrupted. Access to Betterfy is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Betterfy without notice. We will not be liable to you if for any reason Betterfy is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to Betterfy. If you access Betterfy from a new mobile or electronic device, messages stored on Betterfy via your original mobile or computer device will not be automatically transferred to the new mobile or electronic device. If Betterfy is uninstalled from your electronic device, all Interactive Service history will be deleted from your profile.

You are also responsible for ensuring that all persons who access Betterfy through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Betterfy is directed to people residing in the United Kingdom who are aged 18 or over. We do not represent that content available on or through our App is appropriate or available in other locations.

YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a PIN 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 PIN 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 of Use.

If you know or suspect that anyone other than you knows your PIN code or password, you must promptly notify us at team@betterfy.me.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in Betterfy, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from Betterfy for your personal use and you may draw the attention of others within your organisation to content posted on Betterfy. You must 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.

Our status (and that of any identified contributors) as the authors of Betterfy Content on our App must always be acknowledged.

You must not use any part of the Betterfy Content or Therapist Content on Betterfy for commercial purposes without obtaining a licence to do so from us or our licensors.

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

NO RELIANCE ON INFORMATION

Betterfy Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional medical or specialist advice before taking, or refraining from, any action on the basis of any Betterfy Content.

The relationship of the Therapist to Betterfy will be that of an independent contractor and nothing in these Terms of Use shall render him an employee, worker, agent or partner of Betterfy and the Therapist shall not hold himself out as such. If you are a Therapist business user of the App, you agree to indemnify Betterfy at all times against all or any costs, claims, damages or expenses incurred by Betterfy with respect to any intellectual property infringement claim or other claim relating to the Therapist services or Therapist Content provided on Betterfy. If you are a consumer user, you acknowledge that any arrangement or relationship you enter into with Therapist is a contract between you and Therapist.

Although we make reasonable efforts to update the information on Betterfy, we make no representations, warranties or guarantees, whether express or implied, that the Betterfy Content is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our App or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, Betterfy; or
  • use of or reliance on any Betterfy Content or Therapist Content.
If you are a business user and a registered counselling or clinical psychologist, you warrant that you will abide by the HCPC Standards of Conduct, Performance, Ethics, Standards of Proficiency, Standards for Continuing Professional Development and Standards of Education and Training. You will maintain your own professional liability insurances and in particular, please note that we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide Betterfy for domestic and private use. You agree not to use Betterfy for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your electronic device, computer programs, data or other proprietary material due to your use of Betterfy or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on Betterfy. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

ACCEPTABLE USE TERMS

The following sets out the terms under which you may access Betterfy. Your use of Betterfy means that you accept, and agree to abide by, all the policies set out under the Acceptable Use terms.

You may use Betterfy only for lawful purposes. You may not use Betterfy:
  • On jailbroken electronic/mobile devices that allow for third party software that an unjailbroken device would not allow.
  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, automatic scraping software, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
  • Not to reproduce, duplicate, copy or re-sell any part of Betterfy in contravention of the provisions of these Terms of Use.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of Betterfy;
    • any equipment or network on which Betterfy is stored;
    • any software used in the provision of Betterfy; or
    • any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

We will provide interactive services on Betterfy, including, without limitation, private chat functionalities between users and Therapists ("Interactive Services").

Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for minors) from third parties when they use any Interactive Service provided on Betterfy, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on Betterfy, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not. Where an Interactive Service includes private communication between a user and a Therapist, such communication shall always remain confidential and subject to strict security procedures to prevent unauthorised access.

Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you upload onto Betterfy ("Contributions"), including your use of any Interactive Services.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:
  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
  • Promote violence or illegal sexually explicit material.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse, harass or invade another?s privacy.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of the Acceptable Use terms through your use of Betterfy. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with the Acceptable Use terms constitutes a material breach of these Terms of Use upon which you are permitted to use Betterfy, and may result in our taking all or any of the following actions:
  • Immediate, temporary or permanent withdrawal of your right to use Betterfy.
  • Immediate, temporary or permanent removal of any material uploaded by you to Betterfy.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Acceptable Use terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

UPLOADING CONTENT TO OUR APP

Whenever you make use of a feature that allows you to upload content to our App, or to make contact with other users of our App (such as through Interactive Services), you must comply with the Content Standards set out above.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

With the exception of confidential information consumer users exchange with Therapists via Betterfy which shall always be subject to strict confidentiality procedures, any other content you may upload to our App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the App a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our App.

We have the right to remove any posting you make on our App if, in our opinion, your post does not comply with the Content Standards set out above.

The views expressed by other users on our App do not represent our views or values.

You are solely responsible for securing and backing up your content.

VIRUSES

Whilst Betterfy will use its best endeavours to prevent bugs and viruses, we do not guarantee that Betterfy will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our App. You should use your own virus protection software.

You must not misuse Betterfy by knowingly introducing viruses, trojans, worms, logic bombs, robotic scraping software or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Betterfy, the server on which the app is stored or any server, computer or database connected to the app. You must not attack Betterfy 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 Betterfy will cease immediately.

LINKING TO BETTERFY

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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. You must not establish a link to Betterfy in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use terms above.

If you wish to make any use of content on Betterfy other than that set out above, please contact team@betterfy.me.

THIRD PARTY LINKS AND RESOURCES ON BETTERFY

Where Betterfy contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

APPLICABLE LAW

These Terms of Use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

TRADE MARKS

"BETTERFY" is a UK registered trademark of RSCPP Limited.

CONTACT US

To contact us for enquiries or technical support, please email team@betterfy.me.

Thank you for using Betterfy.