Terms & Conditions

Glossary of Terms

TermExplanation
ConditionsConditions means the general conditions for the provision of services.

CookiesCookies means a small amount of data generated by a website and saved by your web browser to remember information such as your BreathTec login details and preferences.

GPGP means your General Practitioner who is your primary care doctor.

Intellectual property rightsIntellectual property rights means designs, patents, data based rights, topography rights, know-how; all similar equivalent rights or subsisting in any country of the world in relation to any part of the website or treatment.

NHSNHS means National Health Service.

ServicesServices means information systems through which a web user connects to the site for the provision of treatment.

SystemSystem – means hardware & software utilised by Breath-Tec Ltd to provide the service via the internet.

Web ProviderWeb provider means Enigma Interactive Ltd

WebsiteWebsite means the site www.breath-Tec.org

Web UserWeb user means the person with Asthma/Bronchiectasis/Chronic Obstructive Pulmonary Disease (COPD) or Interstitial Lung Disease (ILD) who is entering the website to use the treatment.


Who We Are

The system and treatment are owned and controlled by Breath-Tec Ltd.

Breath-Tec Ltd is a company registered in England (company registration number 12171637).

The registered address is:

28 Brandling Park, Newcastle Upon Tyne, United Kingdom, NE2 4RR.


Terms of Use

Eligibility for services

Our services are eligible to adults over the age of 18 only who can form legally binding contracts under English law. If you do not qualify, please contact your GP for advice on a suitable treatment for your needs.  In the event that we discover you are not eligible to enter into a contract with us, we shall reserve the right to withdraw our services to you.

Our services are intended to supplement not replace services offered to you by your GP, Practice Nurse or Respiratory Team. It is important that you keep your usual health care provider informed about the services you are receiving from us. We do not warrant that the information we provide on the website will meet your health or medical requirements. Contact a health professional if you are concerned about your health.

Our Liability

We aim to ensure that the information published on this system is accurate and consistent with current knowledge and medical practice. However, medical knowledge and practice are constantly changing and individual cases may require specific advice that cannot be addressed through this system.

We shall have no liability to any person in respect of any loss, damage, costs, claims and proceedings if:

  • you fail to provide information or false information during your assessment procedure regarding (but not limited to) your medical history.
  • any virus, bug, interference or access to the website by unauthorised persons preventing or affecting the operation of all or any part of the website or the security arrangements or defects.
  • Any unauthorized person accesses personal information provided reasonable steps have been in place to minimise the risk.
  • If the website, or any part of it, being or becoming unavailable to persons generally or any delay arising in the communication of information from the website.

Our aggregate liability to any web user in respect of loss or damage (real or personal) whether such liability arises in contract or in tort (including negligence or otherwise) shall not exceed the aggregate of all sums paid by such web user under these conditions in the twelve months preceding such liability arising.

Payment

Most of the content of the website is only available after payment by either an organisation on your behalf (e.g. the NHS) or yourself. A fee of £10 is required before access to the website is permitted for a single programme of treatment. Payment (where required) is to be made by debit or credit card on the day you register (private patients only). All web users will be able to view the website for six months from registration.

Whilst the treatment programme is designed to help, there is no guarantee it will help you manage your lung condition better. No refunds will be paid should you fail to improve whilst completing the programme.

Use of material

The intellectual property rights of the treatment and website are our property (and/or the property of third parties contracting with us). You therefore agree to use material for personal use only. You may not modify, copy, distribute, reproduce, publish, license, or sell any information obtained from the website.

Links to third party sites

During the treatment programme we provide links to other reputable sites which are not under our control. We explicitly state that we are not responsible for the content and services available on any linked site. The links are provided for your convenience. Please be aware that external sites may also have difference terms and conditions.

Our use of your personal information

If you submit personal information to us through this system, it will be used in accordance with our privacy policy. We will not disclose any information to a third party (except or if requested by mandatory rule of law or order of court).

Severance

If any term is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms.

Right of cancellation

In the event that you wish to cancel the services, we will refund any private payment providing the request for cancellation is made within seven days of the fee being paid and providing none of the treatment programme has been commenced.

If the service provided by the system is not of satisfactory quality, you may have your purchase cancelled and obtain a refund provided that you do so within 30 days of the original purchase (private patients only). Breath-Tec Ltd Limited will not be able to offer any refunds for accounts that are deleted or suspended due to a violation of the Terms and Conditions or Privacy Policy.

Law

These terms of use shall be governed and construed in accordance with English law and be subject to the exclusive jurisdiction of the English courts.

Privacy Policy

We collect limited personal data for this programme. The security of any data provided is very important to us. We want your personal information to remain as secure as possible. All information submitted by you such as your name, age and email address is automatically encrypted using the Secure Socket Layer (SSL) protocol, the industry standard for the transfer of sensitive data on the internet. If you are a private patient information including your credit card details will also be encrypted.

We shall take reasonable steps to protect the information collected from you and other web users and use such information only for the purpose for which it is provided. We review our security practices on a regular basis to help ensure that your data is maintained securely and safeguarded in accordance with all applicable laws and regulations and our own internal policies and procedures.

The registration of your personal information on the website is your consent to the use of that information set out in this agreement.

We will treat all information provided strictly confidential and comply with the Data Protection Act.  We are committed to protecting your privacy but cannot guarantee the security of information disclosed by you online since the internet is not a secure medium.  Please be careful and responsible when maintaining the secrecy of any password and/or account information.

In the event that the website provider is sold or integrated into another business, your details may be disclosed to the new owners only for the purposes of maintaining the supply of services.

Cookies

Cookies may be used to help store login information and store user preferences for our site. Please see our cookie policy.

Research

We may use anonymous data for research purposes to improve services to patients.