Terms & Conditions
Last Updated: 8 Dec 2021
1. Application of Terms and Conditions
DIY Bladder (the Supplier shall supply, and You, (the Customer) shall purchase the video tutorials (the Services) and such purchase shall be subject to these Terms and Conditions and the Schedules hereunder.
2. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Supplier means DIY Bladder (85 Dudwell Lane, Halifax, HX3 0SH, UK).
Customer means the person who accepts the pricing structure of the Supplier for the provision of the Services.
Services means the provision of video tutorials.
2.1 Unless the context otherwise requires, each reference in these Terms and Conditions to:
2.1.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
2.1.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
2.1.3 “these Terms and Conditions” is a reference to these Terms and Conditions and any Schedules as amended or supplemented at the relevant time;
2.1.4 a Schedule is a schedule to these Terms and Conditions; and
2.1.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.
2.1.6 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
2.2 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
2.3 Words imparting the singular number shall include the plural and vice versa.
3. Basis of Sale and Service
3.1 The Supplier’s employees or agents are not authorised to make any representations concerning the Services unless confirmed by the Supplier in writing. In entering into the Contract, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
3.2 No variation to these Terms and Conditions shall be binding unless agreed in writing between the Customer and the Supplier.
3.3 Sales literature, price lists and other documents issued by the Supplier in relation to the Services are subject to alteration without notice and do not constitute offers to sell the Services which are capable of acceptance. No contract for the sale of the Services shall be binding on the Supplier until the Customer has paid for the Services.
3.4 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.
4. The Services
4.1 The Supplier shall, in consideration of the price being paid,will provide the Services.
4.2 The Supplier will use reasonable care and skill to perform the Services. .
4.3 The Supplier shall use its reasonable endeavours to complete its obligations under the Contract, but time will not be of the essence in the performance of such obligations.
5. Assignment
11.1 The Supplier may assign the Contract or any part of it to any person, firm or company without the prior consent of the Customer.
11.2 The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Supplier.
6. Confidentiality
6.1 Each Party undertakes that:
6.1.1 keep confidential all information provided by the Supplier in its video tutorials
6.1.2 not disclose any confidential information or any of the contents of the video tutorials to any other person;
6.1.3 not use any confidential information any of the contents of the video tutorials for any purpose other than as contemplated by and subject to these Terms and Conditions and the Contract;
6.1.4 not make any copies of, record in any way or part with possession of any confidential information any of the contents of the video tutorials.
7. Intellectual Property
7.1 The Supplier shall continue to own the Intellectual Property Rights in all documents and services.
8. Force Majeure
The Supplier shall not be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of the Supplier. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Supplier.
9. Waiver
The Parties agree that no failure by either Party to enforce the performance of any provision in these Terms and Conditions or under the Contract shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
10. Severance
The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions or the Contract are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (and, by extension, the Contract). The remainder of these and the Contract shall be valid and enforceable.
11. Third Party Rights
A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
12. Law and Jurisdiction
12.1 These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
12.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or to the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
First Schedule
The content of any of the video tutorials is not intended to be used as a substitute for informed medical advice. Please do not use this site if you do not agree to all the Terms and Conditions of this agreement. We may revise the Terms and Conditions in the future.
It is the Clients responsibility to review the ‘Important Information’ on the DIY website before purchasing access to the Content. The videos and Content are not suitable if you are experiencing any of the Red Flag symptoms listed. If you have any Red Flag symptoms you should seek medical advice
The Content is intended to help you improve your pelvic health and has been designed for educational and informational purposes only. The Content is meant to be used as a ‘self-help’ guide to enable you to analyse your symptoms, make helpful lifestyle changes and understand about the appropriateness and safe application of two home treatments.
The Content of DIY is aimed at women over the age of 18 years and contains anatomical information about pelvic health and sexual function. Please do not use DIY if you would find these materials offensive.
DIY upholds and promotes evidence-based practice alongside techniques that have proven to be effective, based on feedback from patients over an extended period of time.
DIY contains cross references to other educational websites and product websites, however we can take no responsibility for the content of other websites, neither can we endorse products or guarantee their suitability for you. Any questions, queries or complaints about products should be directed to the manufacturers.
Complete re-assurance cannot be given but every effort is made to keep the information relating to pelvic health on the DIY website up to date with any recent research findings.
DIY is independent, not associated with any product companies and does not benefit from any financial reward by demonstrating devices or mentioning products in the Content. DIY cannot guarantee that the use of any product will result in an improvement in your symptoms. Clients must take the responsibility to read manufacturers guidelines around the safe use of any product
The Content is not a substitute for professional medical advice, diagnosis or treatment. Do not disregard or delay seeking medical advice because of something you have heard or seen on DIY. The use of any information in the Content is solely at your own risk.
DIY cannot enter any email correspondence about your individual symptoms or provide medical advice, diagnosis, treatment, or opinion.
All Content is protected by copyright and other protective laws. It is prohibited therefore to integrate in whole, or in part, any of the content in DIY to other programs, websites or to use it by any other means.
By using the Content in DIY you agree to be voluntarily taking on board lifestyle changes, exercises, activities and possibly the use of home treatments using electrical devices. You agree to assume all risk of injury to yourself and exclude DIY liability for any claims, loss, demands or damages of any kind whatsoever with respect to the Content, products discussed, including, without limitation, direct, indirect, incidental, or consequential loss or damages, whether arising from loss of profits, loss of revenue, loss of use or otherwise. The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise. If you are a consumer your statutory rights, if any, are not affected.
The Content in DIY is to be used as educational tool, empowering, and enabling you to choose the relevant lifestyle changes and exercises appropriate to your self-assessed symptoms. It is not designed, permitted or appropriate for the Content to be used by any unidentified person who has not purchased DIY, agreed to the terms and conditions, and undertaken their own self-assessment.
In using self-help approach described in the DIY website, you agree that the exclusions and limitations of liability set out in this website’s Terms and Conditions are reasonable. If you do not think they are reasonable, you must not use website or any of its Content.
Second Schedule (Privacy Policy)
DIY Bladder takes data privacy very seriously and recognises the importance of protecting and respecting your personal data. This Privacy Policy describes the information we collect, how we use that information, to whom we pass the information, your rights and key contact information.
1. Overview
To provide you with the DIY Bladder product, we need to collect information about you. Our aim is not to be intrusive, and we won’t ask you unnecessary questions. Any information we receive about you will be subject to strict controls to minimise the risk of misuse – including unauthorised access to, or disclosure of, your personal data.
Please read this notice carefully, and any other documents referred to in it. Here we set out the basis on which any information we collect about you or from you, or that you provide to us, will be processed by us and other parties in providing you with the services accessed through the website. DIY Bladder (“our”, “us” and “we”) commits to using your information only in accordance with the terms of this Privacy Policy.
For the purposes of this Privacy Policy, the term “information” means any confidential and/or personal data or other information related to users of DIY Bladder – including, but not limited to, corporate and individual customers and their connected parties.
By visiting this website or providing your personal information to one of our employees, for example by telephone or email, you accept and expressly consent to our use and disclosure of your personal information and direct us to do so in the manner described in this Privacy Policy.
This includes information you provide when you browse our website, purchase from us, and when you contact us for other reasons.
If you have concerns about any of the terms of this Privacy Policy, please email us so that we can provide further information.
2. What Information We Collect
We may collect and process the following information about you:
Information You Provide to Us
You may provide us with information by filling in forms on our website or by talking with us by over the phone or corresponding with us via email or otherwise.
This includes information you provide when you browse our website, register for an account, purchase from us, and when you contact us for other reasons.
When We Communicate
When you communicate with us for customer service or other purposes, including by phone, email or using other methods, we retain that information and our responses to you.
Information We Collect When You Use Our Website
When you arrive at or leave the DIY Bladder website, whether connected by a fixed line or wirelessly, we receive the web address of the site that you came from or are going to.
While you are using our site we collect information on the services you search for or view, page response times and length of visits to specific pages, how you interacted with each page (including scrolling, clicks and mouse-overs), and methods used to browse away from the page.
We collect information about the device you are using, such as the type of device, operating system and platform, the type and version of browser, browser plug-in types and versions, the times you access our website/app and the time zone setting, mobile network information and unique device identifier.
3. How We Use Your Information
Our primary purpose in collecting your information is to provide you with a safe, smooth, efficient and customised experience. By submitting your information to DIY Bladder, you agree that we may use your information for the following purposes:
Fulfilling Your Requests
We will use your information to:
Provide you with the information, products and services that you request from us, including the DIY Bladder product.
Complete any transaction you are undertaking with us
Communication and Customer Service
We communicate with our users on a regular basis via email to provide requested services and help you manage your account. These activities include:
Responding to requests for customer service
Confirming information concerning a user's identity, business or account activity
Resolving customer complaints
Conducting customer surveys
We use your email address to:
Provide information about an order you place with us
Send occasional customer surveys
Send you information about important changes to our products and services
Send notices and other disclosures required by law
Users cannot opt out of these communications, but they will be primarily service-oriented rather than promotional.
As we are obligated to send these communications to current customers, if you do not wish to receive these communications at all, then, unfortunately, you must close your account.
Marketing
We do not use your email address for any marketing purposes.
Service Improvements and Account Management
We will use your information to deliver and improve DIY Bladder services and manage your account, including:
Verifying your identity, including during account creation and password reset processes
Administering our website(s) and for internal business administration and operations purposes, including storage, backup, archiving, troubleshooting, data analysis, testing, research, statistical and survey purposes
As part of our efforts to keep our site safe and secure, including managing and protecting our information technology infrastructure.
Accessing and Changing Your Information
You can review the information you have provided to us and make any desired changes to your information or to the settings on your DIY Bladder account at any time by logging in to your account on the DIY Bladder website, visiting the profile page and changing your details.
4. Cookies
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website.
You may adjust the settings on your browser to refuse cookies but some of the services on our website(s) may not work if you do so.
A full list of the cookies we use can be found here.
5. Public Information and Sharing with Third Parties
Links to Third-Party Websites
Our websites include links to other websites, whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.
Where Required by Law
We may disclose necessary information to the police and other law enforcement agencies, security forces, competent governmental, intergovernmental or supranational bodies, competent agencies, departments, regulatory authorities, self-regulatory authorities or organisations, and other third parties where we are legally compelled and/or permitted to do so.
Mergers and Acquisitions
As with any business, it is possible that in the future DIY Bladder could buy, merge with, or be acquired by, another company. We may disclose your information to the prospective seller or buyer of such business or assets, along with its professional advisers. If DIY Bladder or a substantial proportion of its assets are acquired by a third party, information held by us about our customers will be one of the transferred assets, and such successor company would continue to be bound by this Privacy Policy unless and until it is amended.
Analytics and Search Engine Providers
We share your IP address with analytics and search engine providers that assist us in the improvement and optimisation of our site, and also for 3rd party advertising on 3rd party websites.
6. Transferring Data Overseas
DIY Bladder is committed to adequately protecting your information regardless of where the data resides and to providing appropriate protection for your information where such data is transferred outside of the EEA.
The information that we collect from you may be transferred to, and stored in, a country outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for our suppliers. These staff may be engaged in the fulfilment of your request, the processing of your payment details and the provision of support services. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
By submitting your information and making use of DIY Bladder, you agree to such transfers, storing or processing. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Policy.
We will do our best to protect your information, however we cannot guarantee the security of your information transmitted to our site or sent to us by email or other non-secure electronic methods; any such transmission is at your own risk. Once we have received your information, we will use protective procedures and security features to try to prevent unauthorised access.
7. Data Retention Policy
We retain data for the purposes of reporting, backup, and financial compliance for a period of up to five years. Where you have requested that we do so, we will take steps to delete your data from our system (with the exception of the required data retention for tax or financial reporting).
Where you have asked us not to contact you, we will retain that information on a ‘do not contact’ list to reduce the risk of us contacting you in the future.
8. Security Policy
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
9. Age of Consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
10. Customer Rights
You have the following rights:
To ask us to correct any information we hold about you if it is incorrect.
Whilst we endeavour at all times to keep your information accurate, we welcome your corrections. You can correct your profile at any time by logging onto your account via the DIY Bladder website. We may ask you for additional verification information if you are changing certain details such as your name or your address.
To ask us to erase your information if we no longer have any reason to hold it, also known as the ‘right to be forgotten’.
Our Data Retention Policy (see section 7) explains the circumstances when we can or are obliged to retain information, however outside of those periods we will delete your information in line with our data retention policy and on request. We will maintain a record that you made an erasure request to reduce the likelihood of us contacting you in the future but we will use that information for no other purpose.
To ask us to return to you information you provided to us, also known as ‘data portability’.
You can ask us to send you in electronic format the information you provided to us.
To ask us not to process your information where you previously gave consent or where we are exercising our legitimate interest.
If you make a request for us to stop processing your information, we will investigate to see if there is a compelling reason for processing to continue and will discuss the conclusion of the investigation with you.
You cannot object to processing which is a legal obligation or where we must process your information to satisfy a contract to which you are a party. If you previously gave consent and we processed your data on the basis of that consent, you cannot object to that past processing, however you can ask us to stop processing it in the future.
To ask for a copy of the information we hold about you.
We will endeavour to respond to your request within 30 days, however at time of high demand we may need 90 days to compile a full response.
To ask us not to process your information for marketing purposes.
You can do this by checking or unchecking certain boxes on the forms we use to collect your information, or by logging onto your account and managing your contact preferences, or by clicking on the ‘unsubscribe’ link(s) at the foot of every marketing or promotional email.
11. Contacting Us
The Data Controller
The Data Controller is DIY Bladder. Registered office address 85 Dudwell Lane, Halifax, HX3 0SH.
Contacting Us With Questions or Requests
If you want to exercise your right to access your information or have any questions about this Privacy Policy, DIY Bladder's information practices, or your dealings with DIY Bladder, you can contact us via email.
12. Changes to This Privacy Policy
We may amend this policy at any time, as new features are added to DIY Bladder or as we incorporate suggestions from our customers. The current version of the policy is reflected in the "updated" date at the start of the policy.
Your continued use of our website(s) after a posting of a new version of this Policy will constitute your acceptance of, and agreement to, any changes. If you disagree with the terms of this Privacy Policy, you may close your account at any time.