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Terms of Use

ESCAPE-pain website/ app/ online tool

These terms and conditions of service (“Terms of Use”, “Statement” or “Terms and Conditions”) governs our relationship with users and others who interact with the ESCAPE-pain website/app/online tool. By using or accessing the ESCAPE-pain website/app/online tool, you agree to this Statement and the specific items you have/have not consented to when registering an account or updating your existing account.

1. Content

ESCAPE-pain delivers the National Institute for Health and Care Excellence (NICE) core recommendations of exercise and education, for the management of osteoarthritis. Our clinical content is kept up to date with the latest clinical guidance for the management of osteoarthritis. The clinical content is updated as and when the messaging from NHS England, Public Health England and NICE is published/updated. This information is also reviewed by our Clinical Director.

The non-clinical content on our website is reviewed and updated fortnightly or sooner if inaccuracies are found.

The website was designed with involvement from a patient group who had participated in the ESCAPE-pain programme for knees and hips. Since its launch, any significant structural changes to the website have sought input from a number of different stakeholders including our Patient Representative.

From time to time we do a call-out for user feedback. This is so that we can improve our understanding of user needs in developing the website/app/online tool and to help us to customise the website/app/online tool to improve its usefulness to our user group.

If you note any inaccuracies, missing information or technical issues please contact us at hello@escape-pain.org. We will reply within 3 working days of receiving the email notification of these issues and any other user feedback you wish to contribute.

2. Disclaimer

This website/app/online tool is provided “as is” without any representations or warranties, express or implied. The ESCAPE-pain website/app/online tool make no representations or warranties in relation to this website/app/online tool or the information and materials provided on this website/app/online tool.

Anyone acting on any advice or information contained on the site does so entirely at their own risk.

Without prejudice to the generality of the foregoing paragraph, ESCAPE-pain does not warrant that: this website/app/online tool will be constantly available, or available at all; the information on this website/app/online tool is as complete, true, accurate or non-misleading as is reasonably possible and is intended to supplement not replace other medical advice.

The ESCAPE-pain information contained on the website/app/online tool are provided for reference only and should not to be used as the sole basis for treatment, prescription and care of your condition and health. They should be used in conjunction with the advice and professional judgment of your GP or other healthcare practitioner. If you require bespoke advice in relation to any matter you should consult an appropriate professional.

3. Limitations of liability

ESCAPE-pain will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website/ app/ online tool: for any direct loss; or for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data including without limitation any personal injury caused in the course of following or attempting to follow the advice set out on the ESCAPE-pain website/ app/ online tool.

These limitations of liability apply even if ESCAPE-pain has been expressly advised of the potential loss.

4. Other parties

You accept that ESCAPE-pain has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ESCAPE-pain’s officers or employees in respect of any losses you suffer in connection with the website/app/online tool.

You agree that the limitations of warranties and liability set out in this website/app/online tool disclaimer will protect ESCAPE-pain’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ESCAPE-pain.

5. Privacy Statement

By consenting to some/ all of the items that were presented to you when you registered your account or updated your existing account, you consent to us collecting and using your details in accordance with these Terms of Use and Privacy Statement.

This is entirely optional, and you have the right to change your mind and withdraw consent at any time. If you decide you no longer wish to be contacted by us please notify us by email to hello@escape-pain.org or clicking ‘unsubscribe’ in the footer of our newsletters.

If you choose to unsubscribe from email contact by ESCAPE-pain or an associated third party, it may take a few days to remove your details from our list. Regrettably, this may mean you might receive an email before your details have been updated.

What information do we collect about you and how do we use it?

Type of Information

We collect information from you when you register an account with us on the website/app/online tool. The types of information collected might include names, e-mail address, profession, location, age, gender, and other details including your IP address.

We also collect information from you when you contact us by any means (written or other) with feedback, queries, complaints etc.

How do we use it?

  • We ask you to register so that we can track the spread of ESCAPE-pain for our administrative purposes.
  • We would like to use these details to send you regular updates, newsletters and other ESCAPE-pain services and products, or related information that we feel may be relevant to you.
  • We would also like to use these details to occasionally contact you for feedback about the website/app/online tool and the ESCAPE-pain programme. This is so that we can improve our understanding of your needs in developing the website/app/online tool and to help us to customise the website/app/online tool to improve its usefulness to you.

We collect information from you when you visit our website. Website usage information is collected using cookies.

Please see the section below on ‘Cookies’.

Type of Information

We collect information from you when you complete the clinical questionnaires at the beginning and end of the programme via the app/online tool. We ask you to complete two types of questionnaires (listed below), the scores of which you can use to measure your progress throughout the programme.

  • MSK-HQ – This questionnaire determines your ‘musculoskeletal health status’.
  • KOOS – This questionnaire will help you understand your joint pain.

How do we use it?

We will use the information provided in your clinical questionnaires to measure overall progress through the programme for all participants. This information is used in an anonymous and aggregated format to evaluate whether or not the programme continues to be clinically effective.

With whom do we share the information that we collect?

  • Your data will be held securely within our databases and we will not share your personal details with third party companies for marketing purposes.
  • We will not sell, trade, rent or make available your personal information to others unless you have given us your permission to do so.
  • We work with Salaso Health Solutions Ltd, our website developer and support company, who have access to the details you register with. Salaso Health Solutions Ltd will never use these details other than to provide you with an account, or for any maintenance or improvement matters.
  • We use MailChimp as our marketing automation platform in order to send out newsletters. By consenting to being contacted by us you acknowledge that the contact details you provide will be transferred to MailChimp for processing in accordance with their Terms of Use and Privacy Policy.
  • We occasionally use Survey Monkey in order to obtain feedback. By consenting to being contacted by us you acknowledge that the contact details you provide will be transferred to Survey Monkey for processing in accordance with their Terms of Use and Privacy Policy.
  • We compile anonymous records of user trends which we may make use of ourselves, or to unconnected parties. This information is used in an anonymous and aggregated format and will not include any personal information by which you may be identified.
  • We may disclose details about use of our website/apps/online tool to other businesses e.g. to demonstrate patterns of use to business partners. The information we pass on will not include any personal information by which you may be identified.
  • We may forward your personal details to the police or another regulatory body or government authority if we are asked to do so or wish to do so in order to comply with the law or in relation to the investigation of suspected illegal activities or in relation to any suspected misuse by you of our website/apps/online tool or any of our digital services.

Data Security

We have adopted measures to ensure that users’ personal details are not misused, accidentally destroyed, lost or altered. Where information is transferred to a third party, that third party will be required to keep your personal details secure.

We endeavour to prevent unauthorised disclosures of your personal information by other people, but we are not responsible for any unauthorised disclosures or other breaches of security or for the actions of others if the information was passed to them with your authority or with the authority of anybody other than us or our member organisations.

Please be aware that if you disclose information on chat areas, forums or other public services it may be possible for other people to use this information. We are not responsible for the disclosure of any information you post in this way.

Your data is securely transmitted/encrypted in transit over secure https protocol, from the website/app/digital tool to the server. Furthermore, all data on servers is encrypted at rest. All servers have firewalls in place.

We use Let’s Encrypt a free, automated, and open certificate authority (CA), run for the public’s benefit. It is a service provided by the Internet Security Research Group (ISRG). They provide digital certificates needed in order to enable HTTPS (SSL/TLS) for websites and in doing so create a more secure and privacy-respecting Web.

Our handling of your data is compliant with the General Data Protection Regulation launched in May 2018.

Personal data is retained for 7 years. This does not affect your right to request that your personal details are removed from our system. Please see below no. 7 “Accessing your data”.

Transfer of Details outside the EEA

Given the global nature of the Internet, the use of the Internet to collect and process personal details may involve the transmission of data internationally. Therefore, by browsing this website/app/online tool and communicating electronically with us, you acknowledge that we may process your personal details outside the European Economic Area (EEA).

Please note that where we do transfer your personal data outside the EEA, we will always provide proper transparency information to you regarding the transfer, and ensure that the transfer is lawful under Article 46 UK GDPR and that there are appropriate safeguards in place in respect of that transfer. Any transfer of personal data to third parties outside the EEA will be subject to its own transfer risk assessment.

6. Updating Your Details

You can update the personal details we hold on you by updating them within the password-controlled area of the site or contacting us and we will amend them for you. Please try and keep your personal details up to date at all times.

We may change or update the website/app/online tool Terms of Use (for example in order to comply with new legal requirements) so please do check here from time to time to note such changes. We reserve the right to change any part of this agreement without notice.

7. Accessing Your Details

You have the right to request a copy of the information that we hold about you, free of charge. If you would like a copy of some, or all, of your personal information, please provide a written request. To make a request, you should send an email to hello@escape-pain.org and provide your full name, postal address and postcode.

We will correct any inaccuracies if these are notified to us.

You can also request that the personal details that we hold about you are removed from our system. However, this will mean that you will longer be able to access parts of the website/app/online tool that require a log in.

8. Cookies

What is a "Cookie"?

“Cookies” are small pieces of information that are issued to your computer when you enter a website/ app/ online tool. Cookies are stored by your browser on your computer’s hard drive, and they can be used for a wide range of purposes, such as identifying your computer’s previous visits to this website, and to ascertain the most popular features of this website/ app/ online tool. Cookies cannot be used by themselves to identify you.

We use session cookies on the website/ app/ online tool.

Session Cookies are temporary cookies that are erased when you leave the website/ app/ online tool. They allow you to carry information across pages of the website/ app/ online tool without having to re-enter this information. Session cookies do not collect information from your computer.

By using our website/ app/ online tool you agree to allow us to use cookies to collect your information.

What use do we make of the information we collect?

We may use the information we collect from you so that we can tailor content and the presentation of the website/app/online tool to match your preferences. We may compile anonymous aggregated statistics using information provided by cookies to develop a clearer picture of which parts of this website/app/online tool are the most popular to its visitors.
The ESCAPE-pain programme uses cookies to assist with Google Analytics, in order to improve the user experience of our website. We also use cookies to enable our Twitter feed.

Disabling/ Enabling Cookies

You can accept or decline cookies by modifying the settings in your browser.

However, you may not be able to use all the features of the website/app/online tool if cookies are disabled.

Cookie Expiration

We set cookies to automatically expire after 12 months. You will be asked to review your cookie settings at this point.

9. Sharing Your Content and Information

You own all of the content and information you post on the ESCAPE-pain website/app/online tool. In order for us to use certain types of content and provide you with the ESCAPE-pain website/app/online tool, you agree to the following:

For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with ESCAPE-pain (“IP License”). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).

When you delete IP content, it may be deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

We always appreciate your feedback or other suggestions about the ESCAPE-pain website/app/online tool, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

We reserve the right to moderate any User Generated Content and if for any reason we edit any post or edit, close or delete any thread, we will not necessarily enter into any discussion of our reasons for doing so.

You shall not post anything that may cause us legal problems, including but not limited to defamatory content or material that may be in breach of a third party’s copyright. Remember that you are responsible for anything you post on the site.
In the event that you are in breach of any of our terms and conditions at any time, your account may be suspended, or you may be banned from the site. The length of any suspension will be in our sole discretion. If your account is suspended or you are banned, you may not open another account with us and we reserve the right to terminate any such account. In the event that you continue to contravene our terms, we reserve the right to contact your employer or your internet service provider.

If you see anything posted on the site which you believe to be in breach of our terms you may report it by sending an email to hello@escape-pain.org. We cannot guarantee that any action will be taken as a result of your email. We reserve the right not to enter into correspondence with you.

10. Safety

We do our best to keep the ESCAPE-pain website/app/online tool safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:

  • You will not send or otherwise post unauthorised commercial communications to users (such as spam);
  • You will not collect users’ information, or otherwise access the ESCAPE-pain website/app/online tool, including using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
  • You will not upload viruses or other malicious code;
  • You will not solicit login information or access an account belonging to someone else;
  • You will not facilitate or encourage any violations of these terms of use.

Any links to third party websites/apps are provided for convenience only. ESCAPE-pain has no control over such websites/apps and accepts no liability for their content.

11. Registration and Account Security

Our users are not initially supplied with registration details. When you are able to register on the website/app/online tool, login details will be distributed to you automatically via email.

Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information on the ESCAPE-pain website/app/online tool, or create an account for anyone other than yourself without permission;
  • You will keep your contact information accurate and up-to-date;
  • You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
  • You will not transfer your account to anyone without first getting our permission.

12. Protecting Other People's Rights

We respect other people’s rights and expect you to do the same.

You will not post content or take any action on the ESCAPE-pain website/app/online tool that infringes someone else’s rights or otherwise violates the law. We can remove any content you post on the ESCAPE-pain website/app/online tool if we believe that it violates this statement.

If we removed your content for infringing someone else’s copyright, and you believe we removed it by mistake, you can contact hello@escape-pain.org to appeal. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

This site and its content are protected by copyright. The content of this website/app/online tool may be viewed, printed or downloaded for personal, non-commercial use only. It is not to be modified, reproduced, transmitted, published or otherwise made available in whole or in part for commercial purposes without the prior written consent of ESCAPE-pain.

In no event shall any user of this website/ app/ online tool use the name or logo of ESCAPE-pain or any of its trademarks, other than with the express written consent of an authorised representative of ESCAPE-pain.

If you collect information from users, you will: obtain their consent, make it clear you (and not ESCAPE-pain) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

You will not post anyone’s identification documents or sensitive financial information on the ESCAPE-pain website/ app/ online tool.

13. Amendments

We reserve the right to change these Terms of Use and any other terms and conditions at any time without notice.

14.Termination

If you violate the letter or spirit of this statement, or otherwise create possible legal exposure for us, we can stop providing all or part of the website/app/online tool to you.

We will generally try to notify you but have no obligation to do so. You may also delete your account at any time. In all such cases, this statement shall remain binding.

15. Disputes

If anyone brings a claim against us related to your actions or your content on the website/app/online tool, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. You agree that the Laws of England & Wales apply, and you irrevocably consent to the jurisdiction of the courts of England & Wales in the event of any dispute whatsoever or howsoever arising.

16. Definitions

By “website” we mean the features and services we make available, including through (a) our website/app/online tool at ESCAPE-pain and any other ESCAPE-pain branded or co-branded websites/apps (including sub-domains, international versions, and mobile versions; and (b) other media, devices or networks now existing or later developed.

By “us,” “we” and “our” we mean ESCAPE-pain and/or its member organisations and/or its affiliates.

By “content” we mean any information posted on the website/app/online tool, including information about you and the actions you take.

By “post” we mean any data uploaded or content otherwise made available to us or other users.

By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

17. Other

These Terms of Use comprise the entire agreement between ESCAPE-pain and you, and supersedes any prior Terms of Use, agreements or representations.

If any portion of these terms and conditions are found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of these Terms of Use from time to time, it will not be considered a waiver.

You will not transfer any of your rights or obligations under Terms of Use to anyone else without our consent.

All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in these terms and conditions shall prevent us from complying with the law.

These Terms of Use do not confer on you or anyone else any third party contractual or beneficial rights.