Application End-User Licence Agreement
PLEASE READ THESE LICENCE TERMS CAREFULLY
WE DO NOT PROMISE THAT OUR SERVICE WILL BE UNINTERRUPTED OR CONSTANTLY AVAILABLE. IF YOU ARE A MEDICAL PROFESSIONAL OUR SERVICE IS AN ADDITION NOT AN ALTERNATIVE TO YOUR NORMAL PROFESSIONAL PRACTICES AND PROCEDURES. YOU ARE NOT ENTITLED TO RELY UPON OUR SERVICE BEING CONSTANTLY AVAILABLE AND MUST REMAIN UP-TO-DATE AND PROPERLY INFORMED AS TO THE PROCEDURES MAINTAINED BY THE INSTITUTION(S) FOR WHICH YOU WORK.
BY USING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE APP.
1. Who we are and what this agreement does
We, Hospify Limited of The Station House, Station Road, Whalley, Clitheroe, Lancashire, United Kingdom BB7 9RT, license you to use
- Hospify App Version 1.3.x application software (App) and any updates or supplements to it.
- The service you connect to via the App and the content we provide to you through it (Service),
as permitted in these terms.
2. Your privacy
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even though all transmissions are encrypted. If you are using the App as a medical professional, then you must comply with the following usage terms:
- You are responsible for ensuring that each person with whom you connect (and from whom you receive messages) is the person you think s/he is (i.e. check for false identities);
- You are responsible for checking that the address(es) to which you are sending a message is/are correct;
- A message sent using the Service should only include personal data (eg name, age) if necessary to the recipient’s understanding of the message;
- You should avoid sending sensitive personal data (e.g. sex life, racial origin, religious beliefs);
- Wherever possible, the name of a patient should not be included in data sent;
- You should update the official patient record in your ordinary manner with any pertinent information communicated using the Service;
- You must not use the Service to send patient records;
- Personal data should only be sent in the course of providing healthcare, that is, in the course of your job;
- Each message must comply with your employer’s information governance policy including all recommendations for best practice;
- You should delete from your device any message which is no longer needed for doing your job;
- You should not use the Service to send non-anonymised patient details unless your employer has notified its patients, for example by way of a statement on its website, that its members of staff communicate with each other and patients using the Hospify App;
- You should not attempt to transfer any text or picture message from the device on which it has been received nor to copy any picture or text message (other than by using a pen and paper);
- You must only access the App by using the secure PIN code facility and you must keep your PIN confidential;
- If the App has been recommended to you by your employer (or the person to whom you provide your services) then you must comply with its policies and guidelines including those relating to confidentiality (which may be contained in its Information Governance policy);
- You must notify us by e-mailing email@example.com when you delete our App if you would like us to delete your profile from our servers; and
- Any images should be downloaded within the time-frame allowed by Hospify.
By using the App and the Service you confirm that you are a data processor/controller for the purposes of data protection legislation and you acknowledge that this means that you have legal responsibilities in relation to personal data sent using the Service.
3. Additional terms for specific Services
4. Apple's and Google’s terms also apply
The ways in which you can use the App may also be controlled by the Apple Appstore’s or Google Play store’s rules and policies and Apple’s or Google’s (as applicable) rules and policies will apply instead of these terms where there is a direct conflict between the two sets of terms.
5. Operating system requirements
This app requires a mobile telephone or handheld device equipped with iOS 9.3 and above or Android API 19 and above and a minimum of 16GB of memory.
6. Support for the App and how to tell us about problems
- Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.hospify.com.
- Contacting us (including with complaints) If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org.
- How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post using the contact details you have provided to us, by push notifications to the mobile phone number you have provided to us, or via the Hospify App.
7. How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
- download a copy of the App onto one device per registered email and view, use and display the App and the Service only on such device.
- receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
8. You must be 18 to accept these terms and use the App
You must be 18 or over to accept these terms and use the App. You agree to provide us with accurate and complete information during the registration process. Whilst you continue to use the App and the Service you agree to update your registration data as necessary to keep it accurate and complete.
9. You must keep your registration and account details secure
You must keep your registration and account details secure and private to yourself. You agree immediately to notify us of any breach in the security of those details.
10. You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service as set out in clause 7 above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell, loan or give away any device on which the App is installed, you must remove the App from it.
11. Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 7 days’ notice of any material change by way of our newsletter and website.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
12. Update to the App and changes to the Service
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service.
13. If someone else owns the phone or device you are using
If you download the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
14. We may collect technical data about your device
By using the App or the Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any services to you.
15. We may collect location data (but you can turn location services off)
The Service will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use the Service, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
You may stop us collecting such data at any time by turning off the location services settings in the Settings area of your device.
16. We are not responsible for other websites you link to
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
17. Licence restrictions
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
- not copy the App or the Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or the Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service;
- if you are a medical professional, comply with the usage terms at clause 2.
18. Acceptable use restrictions
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Service;
- not use the App or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
19. Intellectual property rights
All intellectual property rights in the App and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Service other than the right to use them in accordance with these terms.
20. Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. If you are a medical professional, then we will not be liable to the extent that any loss or damage is attributable to your failure to comply with the usage terms at clause 2.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Where you are a consumer (and not a medical professional) we are not liable for business losses. If you are a consumer, the App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Where you are not a consumer we are not liable for indirect or consequential losses. We will have no liability to you for any:
- loss of income or revenue;
- loss of profit;
- loss of business and/or contracts;
- business interruption;
- loss of business opportunity;
- loss of anticipated savings;
- loss of data;
- loss of goodwill; or
- wasted administrative or management time.
Limitations to the App and the Service. The information that we supply to you by way of the App and the Services is provided for general information only. We do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Protecting personal data used with the App. We recommend that you delete any messages sent or received by way of the App as soon as you no longer need them as this will help to protect the security of the data.
Check that the App and the Services are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.
We do not promise that the Service will be uninterrupted or constantly available. Where you are a medical professional:
- our Service is not an alternative to your normal professional practices and procedures, particularly in relation to emergencies.
- You are not entitled to rely upon our Service being constantly available and must remain up-to-date and properly informed as to the procedures maintained by the institution(s) for which you work.
21. We may end your rights to use the App and the Service if you break these terms
We may end your rights to use the App and the Service at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and the Service:
- You must stop all activities authorised by these terms, including your use of the App and the Service.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Service.
22. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
23. You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
24. No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
25. If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
26. Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
27. Law and Jurisdiction
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you are a consumer (and not a medical practitioner) and live in a country outside England you can bring legal proceedings in respect of the App/Service in either the English courts or the courts of your home country.