Referrer Terms and Conditions

Creating a contract between you and Physiobrite

By registering as a referrer on our site, you are confirming that you are entering into, and have authority to enter into this contract either on your own behalf, where you are acting as an individual (including as a sole trader) or on behalf of your practice, organisation or business as applicable (Business). You acknowledge that once you register, you or your Business (as applicable) will be bound by these Terms. When we refer to ‘you’ in these Terms, we are either referring to you as an individual or if you are acting on behalf of a Business, the legal entity through which you operate the Business.

Accessing Physiobrite.com

You can access the site using your web browser and internet connection. We try to make the site available at all times, but due to the inherent nature of online and internet-based services, we cannot guarantee this.

Am I eligible to register?

To be eligible to register as a referrer with us you must:

• be a business entity, organisation or sole practitioner (who is over 18) and that we are able to verify. We reserve the right to refuse or cancel your registration, if we cannot verify this; and
• ave an activated Paypal account or let us have your bank account details so that we can make payments to you.

How much does it cost to register as a referrer?

It is currently free to register as a referrer on the site.

We may review this from time to time. If we do that, we will notify you in accordance with these Terms.

How much commission will I get paid as a referrer?

Physiobrite will pay you a commission fee, on the basis and in the amount, as is specified in our email correspondence with you. If you are a physio and a commission is not agreed with you in writing then you will not receive a commission for any referrers leads. We strongly advise you to contact us if you wish to receive a commission fee as explained herewith.

We may change the commission fee we offer from time to time, including on what basis it is paid. If we do this, we will notify you in accordance with these Terms.

How and when will fees be paid?

All commission will be paid via PayPal or via bank transfer into your nominated account. You acknowledge that we are not responsible for any delays, failures, charges, or any other loss or damage resulting from your use of PayPal or a bank transfer.

We will pay any commission payable to you within 10 days of the beginning of each month.

How long will my registration last?

Provided you are using your account on a regular basis, your registration will continue until it is terminated or cancelled in accordance with these Terms.

We have the right to cancel your account:

• by giving you 6 months prior written notice; or
• if it has been inactive for 12 months or more. We will write to you before we do this to check you do not want to re-activate your account.
  You have a right to cancel your account. Please see the section below entitled Cancellation to find out how.

What are your responsibilities when you open an account?

• You must make sure that all the information you provide is true, accurate, current and complete. If you change any of your registration details (e.g. email address), you must update your details in your Physiobrite account.
• You must keep your password confidential. You will be held responsible for any activity on your account. So, if you have concerns about use of your password or the security of your account, email us at admin@physiobrite.com.
• You agree to only use our site and the services delivered through it in accordance with these Terms.
• If you are an individual, you must not let anyone else use your log in details.
• If you are a Business, you may invite others to access your account. It’s your responsibility however to make sure they also comply with these Terms (so far as they are applicable). If a user you invite breach these Terms, you’ll be responsible to us for their breach.
• You promise to reimburse us for any losses we, our agents or suppliers incur (including reasonable legal fees) that flow from:
  • your (and any of your authorised users’) breach of the Terms;
  • your use of the site and our services; and
  • use by any other person accessing the site using your account, including any actions they take in respect of any data stored in your account.

What are your responsibilities during your subscription?

• You are responsible for carrying out an assessment in respect of any leads, whose data you input into the site, to ensure that they are suitable for an introduction to a health care provider via the site. This includes assessing whether they pose any risk to a health care provider. If you they do, you should not refer them via the site.
• You must have obtained all necessary consents, licences, rights, and permissions necessary to enable us to host, process, distribute and make available the personal data included in your registration, in accordance with the terms of these Terms and to communicate with leads and to introduce them to health care providers using the functionality of the site. Where your lead is under 16 or is a vulnerable adult, this includes obtaining verifiable consent from their parent, guardian or advocate to provide us with the lead data.
• You will not input sensitive personal data (including clinical data) into the site. That should be included on your practice management system or any other system your Business may use for clinical data; not our site.
• You are granting us a limited, non-exclusive, royalty free, worldwide licence to use your logo and/or your Business name in emails that we send to leads you have referred to us, in order to introduce them to Physiobrite.com and facilitate their introduction to physios.
• You will not store, distribute or transmit any viruses or any other communication which may adversely affect the operation or use of our site, nor any material that:
  • is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive;
  • facilitates illegal activity;
  • depicts sexually explicit images;
  • promotes unlawful violence;
  • is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
  • is otherwise illegal or causes damage or injury to any person or property.

Can you give others access to your account?

If you are an individual, you may not give others access to your account.

If you are a Business:

• You can give access to your account. This can either be individuals within your Business or individuals at an organisation outside of your Business that is helping you with the generation or management of your leads (e.g. a marketing agency).
• It is important to remember that once you give access to a user, they will have access to all data input into your account. You are responsible for their use of that data and your account. So, for anyone you invite to have access to your account, we recommend that you remind them of your Business’ data protection obligations. For users you invite that are from any other organisation, we recommend that you have written agreements in place with their organisation, clarifying how they are permitted to use your account and any data they access via it to ensure you are compliant with data protection legislation.

Use of the site

During the period of your registration, you are permitted on a limited, worldwide, revocable, non-exclusive, non-transferable basis to use the site for your own internal business purposes in the following way only:

• to use your account in accordance with the functionality of the site for the purpose of referring and viewing your leads by:
  • inputting data into the site, whether by linking data capture forms, inputting the data manually or importing data from third party systems; and
  • viewing, manipulating, and using your data.

To see how you are permitted to use the data we generate through use of the site, please see the Data section below.

You are not permitted to:

• attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the site and/or its underlying software;
• access all or any part of the service delivered through the site in order to build a product or service which competes with and/or is similar to the site, its ‘look and feel’ or the services delivered through it;
• license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the site, or the data that is generated through use of the site, available to any third party; or
• attempt to obtain or assist third parties to obtain, access to the site, other than as expressly provided under these Terms.

Can you cancel your account?

Yes. You can cancel your registration and delete your account on the Referrers section of the site by visiting “Account Details” and clicking on “Delete My Account”.

If you delete your account, you will no longer be registered as a referrer and no longer be permitted to make referrals via the site. That means that:

• on deletion, all your profile data associated with your account will be deleted;
• any lead data you have input into the site prior to deletion of your account will still be processed by us and introductions to physios made; and
• you will not be entitled to payment in respect of the introduction of those leads.

As a result, we suggest that you:

• ensure you make a copy of your profile data prior to deletion; and
• keep your account active until all payments in respect of the leads you have introduced to us have been made to you.

When we talk about data, what do we mean?

We distinguish between 3 sets of data used in connection with the site. To make these Terms quicker to read, we have described below what we mean by these types of data:

Referrer Data
This is data that you, as a referrer, give about yourself and your Business when you first register and during your use of the site. This includes your name, email address, tel No. and address.

Lead Data
This is data that you – either directly or indirectly (e.g. via arrangements you have in place with third parties) – input into the site about leads that have expressed an interest in or are in need of treatment. It typically includes personal data about your leads, e.g. name, gender and email address.

Operational Data
This is data derived from actual use of the site by users and from non-personally identifiable Lead Data.

What about sensitive personal data?

of physio required. It is not the appropriate place to input any sensitive personal data (other than populating the specialty field when you are adding a lead), including clinical data, which should be input into your practice management system or any other system your company uses for clinical data.

If you do include any such data in the site, we retain the right (but are not obliged) to delete that data. You will be solely liable for any consequences of your disclosure of that data and will compensate us for any losses we suffer as a result.

What are you allowing Physiobrite to do with the Lead Data?

You’re giving us free, non-exclusive, irrevocable, worldwide, transferable permission (including the right to sub-licence that permission) to:

• store the Lead Data;
• display Lead Data to you, including anyone to whom you give access to your account, during the period of your registration;
• pass on Lead Data to health care providers registered on the site to enable them to contact a lead;
• analyse the Lead Data, to create anonymised, aggregated data, and combine it with data in respect of your, and your users’ use of the site during the term of your registration in order to be able to create, store and use Operational Data, including for distribution and display to users of the site and third parties, during and after the term of your registration and for the development of the site and the services delivered through it.

Other than as described above, we do not make any personally identifiable Lead Data available outside of your account. By inviting any third parties to your account however, you will be sharing your Lead Data with them. Please consider carefully therefore before inviting them, whether you are happy for them to have access to that data and any data sharing agreements you should have in place with them, before you invite them.

Our back up policy

You are responsible for the back-up of your Lead Data.

What are our data protection obligations to each other?

In order for us to provide our services (including referring the lead to a health care provider) and for you to receive them (Purpose), we both acknowledge that you may share personal data (including the Lead Data) with us. Where and to the extent that any such personal data is shared in connection with Physiobrite.com (Shared Data):

• you and we both act as controller in our respective own right in respect of the Shared Data and neither of you or us is processing the Shared Data on the other’s behalf;
• you warrant that you have lawfully obtained and are entitled to share that Shared Data with us, for us to share it with health care providers registered on the site for the Purpose and that its use by us and the health care providers for the Purpose will not breach applicable data protection laws, nor the rights of the data subjects. You will also disclose our Privacy Notice to your leads before disclosing the Shared Data to us;
• we warrant that we will only use the Shared Data for the Purpose; and
• you and we are each responsible for ensuring that any processing of the Shared Data by each of us is carried out in accordance with all law applicable to the protection of personal data in effect from time to time and that you and we otherwise comply at all times with our respective obligations under applicable law.

You will reimburse us for all losses, penalties, fines, costs, expenses and damages we suffer or incur arising from or in connection with any breach by you of your obligations under this section of these Terms.

IF YOU ARE A CONSUMER THE SERVICE PROVIDER IS UNDER A LEGAL DUTY TO SUPPLY SERVICES WHICH ARE IN CONFORMITY WITH THE CONTRACT. SEE THE BOX BELOW FOR A SUMMARY OF YOUR KEY LEGAL RIGHTS NOTHING IN THESE TERMS WILL AFFECT YOUR LEGAL RIGHTS

Changing the Terms

We may change these Terms at any time. If we change them, we’ll let you know by posting the revised terms on our site and/or by sending you an email to the last email address you gave us. We will let you know when the relevant changes will come into effect, which will be a minimum of 7 days after notification of the change.

You will be asked to accept that change next time you log in to the site. If you do not wish to accept a change, you should not continue to use the site after the change comes into effect.

Changing Functionality

We may also change the functionality or features of our site, as well as any services we make available through it. We won’t be responsible to you if we make any such changes, except where that change means that you receive a significant reduction in functionality or features. In that case, if you want to cancel your agreement with us, please Contact Us to cancel your registration and delete your account.

Suspension/Termination of your account

As well as other rights, we have the right to suspend and/or terminate your account without appeal, if we reasonably believe you have breached or will breach our Terms (which includes posting offensive, obscene or illegal material). In that case, we may on written notice to you, remove or delete any or all of your data hosted on the site.

Our promise to you

We will use our reasonable skill and care in the provision of the services made available to you via our site.

We don’t promise

We don’t make any promises in relation to use of the site or the services provided through it, except as expressly described in these Terms. Any promises which might be implied or incorporated into these Terms, a contract by law or otherwise is excluded to the fullest extent permitted by law. In particular, we won’t be responsible for ensuring that the services provided via our site are suitable for your purposes, that use of the site will meet your requirements, that the service we provide will be uninterrupted, timely, secure or error-free, that defects in the operation or functionality of the site will be corrected or that you will generate a certain level of revenue from use of the site.

You assume sole responsibility for the Lead Data, the results obtained from the use of the site and for conclusions drawn from such use or that the information provided to you in connection with your use of the site, including any conclusions you draw from that information, will meet your requirements. We expressly disclaim all liability for the accuracy, completeness, compliance or legality of: (i) all Lead Data; and (ii) any data generated through use of the site that we may provide to you.

We also make no promise that the site complies with any healthcare legislation and you assume sole responsibility for compliance with the same.

You acknowledge that we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that our site may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

The liability that we exclude

We have no liability to you for any:

• loss of income, profit, business, anticipated savings;
• loss of goodwill, reputation, or opportunity;
• loss or damage to data (including from your failure to back up data you input into the site);
• business interruption; or
• punitive damages.

What we restrict our liability for

Except for the liability we have to you under The liability that we exclude and What we don’t restrict our liability for, the maximum we will be liable to you, under these Terms or in connection with our site and the services offered through it:

• for any amount owed to you, shall be the total amount of commission payments that we owe you; and
• in respect of anything else, shall be equal to the total amounts of commissions payments that we have paid to you in the 12 months prior to your claim.

What we don’t restrict our liability for

Nothing in these Terms restricts our liability to you relating to:

• death or injury as a result of our negligence;
• our fraud; or
• any other liability that we cannot restrict by applicable law.

Our content/data

Except for the Lead Data, all of the content on or made available via our site is owned by us or our licensors and is protected by UK and international copyright and other intellectual property laws.

Our content includes all graphics, audio, software, APIs, databases, data and all other features and functionality made available via the site and our services. Except as expressly provided for in these Terms, these are made available for your internal business use only in connection with use of the site only.

You may print one copy of any webpage or download any webpage of our site onto a computer hard drive provided you keep intact all and any copyright and proprietary notices. Otherwise, you are not allowed to copy, change or distribute or use any of such content without our written permission.
No permission is given to use any of the trademarks appearing on this site, including the Physiobrite trademark or the trademarks of our licensors.

Third Party Software

You might need to download and activate certain software in order to use certain content made available on our site. We’ll let you know where that is the case.

Where that happens, you will have to explicitly accept the terms of a licence agreement with that third party and are responsible for complying with the same. You accept that we have no responsibility or control over that third party software.

Events outside of our control

Occasionally we are unable to perform our obligations because of circumstances beyond our reasonable control. That might be because of fire, flood and other acts of God, strikes, trade disputes, breakdown of plant or machinery, failure of a utility service (including utilities provided by our third party suppliers), lock outs, restrictions of imports or exports, accident, epidemic or pandemic or acts of terrorism or war. Where that happens, our inability or delay in performing our obligations will not be considered to be a breach of contract.

For other exclusions and restrictions on our liability to you, please see Our Liability to You.

How do we communicate with you?

Some applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

Publicity

You agree that we can:

• use your name and logo;
• refer to the fact that your Business uses our site; and
• create a case study in connection with your use of the site;

for marketing and publicity purposes, on the Physiobrite website and in Physiobrite marketing materials and other communications.

Links

We might include links on the site to third party sites. As we don’t have any control over them, we are not responsible for their content or their availability.

If you use a linked site, any personal information you give them will be dealt with in line with their privacy policy, not ours, so please read their privacy policy before you provide any personal information to them.

Do you have a complaint or some feedback for us?

We’re always happy to receive your feedback and suggestions about the site and our services. You understand that we may use these without any obligation to pay you for them. You are, of course, under no obligation to us to provide them.

If you have any general complaints or want further information about Physiobrite, please Contact Us and we will do our best to resolve these.

Severability

If any part of these Terms is found to be unenforceable, all other parts of the Terms (as applicable) will not be affected and will remain in force.

Entire agreement

These Terms and the email we sent to you setting out the amount of commission payable to you, govern our relationship with you and represent our entire agreement with you and supersede any previous arrangement, understanding or agreement between us relating to the site and the services delivered through it.

Assignment

You may not assign, sub-license or otherwise transfer any of your rights under these Terms or the Terms of Use. We can transfer our rights under such terms to another company providing this does not adversely affect your rights under our agreement with you.

Waiver

If we delay in taking any steps under our agreement with you (comprised of these Terms) against you, this doesn’t prevent us taking steps against you at a later date.

No Third Party Rights

The agreement between us formed by these Terms is just between you and us. No one else can enforce it, except for any party we transfer our rights to in accordance with these Terms.

These Terms

These Terms have been produced by a firm of solicitors.

Governing law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and interpreted in accordance with the laws of England.

Each of us irrevocably agrees that the courts of England will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).