THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH TELL THE DOCTOR LTD (COMPANY REGISTRATION NO. 09586838 ) HAVING ITS REGISTERED OFFICE AT UNITS 15 AND 16, 7 WENLOCK ROAD, LONDON N1 7SL (“WE”, “US” OR “OUR”) PROVIDES YOU (“YOU” OR “YOUR”) WITH ACCESS TO THE “TELL THE DOCTOR” MOBILE APPLICATION (“APP”).
PLEASE READ THESE TERMS VERY CAREFULLY. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON “I ACCEPT”, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO ACCESS THE APP. YOU ARE ADVISED TO RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
IMPORTANT NOTICE: The App is a service which permits You to record information relating to any medical condition You may be suffering from (“Condition”). Our App connects to our platform service (“Platform”), which We licence to various hospitals, practices, private consultants, general practitioners and other practices around the UK (“Healthcare Advisers”). Where You have visited a licensed Platform Healthcare Adviser in relation to a Condition, Your Healthcare Adviser may access the Platform for the purpose of viewing such information recorded by You though the App. We do not, and the App is not intended to be used to, offer any medical or other healthcare advice to You. Such advice will be provided to You by Your Healthcare Adviser directly and by separate appointment. We are not a party to the relationship with Your Healthcare Adviser.
1.1 The App is distributed by Tell the Doctor Ltd.
1.2 Tell the Doctor Ltd can be contacted by writing to Units 15 and 16, Wenlock Road, London N1 7SL or e-mail at email@example.com.
2.1 The “Tell Your Doctor” App is designed to allow Healthcare Advisers licensed to use the Platform to obtain information submitted by You through the App regarding any Condition.
2.2 Your access to the App will be provided through the Healthcare Adviser. You will be provided with a passcode, together with instructions on how to download and install the App on Your device. The Healthcare Adviser is responsible for payment of certain fees to Us to allow Your access to the App. You acknowledge and agree that Your continued use of the App is dependent on the Healthcare Adviser’s continued access to the Platform. If We do not receive the appropriate payment from the Healthcare Adviser for access to the Platform or its access to the Platform is otherwise terminated, Your access to the App may be suspended and/or terminated.
2.3 The services available through the App will be as described by Us on the App, but the key features include:
2.3.1 the ability to submit information about Your (or where acting on behalf of a minor, minor’s) medical history, family history and current health status and reactions in relation to any Condition (“Your Information”);
2.3.2 sharing Your Information with Your Healthcare Adviser; and
2.3.3 access to and use of any other features and functionalities of the App provided by Us to You from time to time.
3.1 Once You have downloaded the App on Your device, You will be required to enter a unique passcode provided by Your Healthcare Adviser or Us to proceed with installation, which We may use to help identify You with the relevant Healthcare Adviser that referred You to the App. Following installation, You must register to access and use the App by completing the online registration form on the App or otherwise provided to You by Your Healthcare Adviser. Once you have access to the App, You will be able to link the App with Your Healthcare Adviser. We may permit You to link Your App with additional Healthcare Advisers, but granting such permission is strictly at Our sole discretion.
3.2 By registering with the App, You consent to Us conducting verification and security procedures in respect of the information provided by You during the registration process.
3.3 Once You have completed the online registration form through the App, Your contract with Us to use the App will commence (“Contract”).
3.4 By registering with Us to use the App, You warrant and represent that:
3.4.1 You are legally capable of entering into binding contracts;
3.4.2 You are 18 years old or above; and
3.4.3 if You are using the App on behalf of a minor, You are the parent or legal guardian of the minor.
3.5 You hereby warrant that the information provided by You to Us is true, accurate and correct. You further warrant that You shall promptly notify Us in the event of any changes to such information provided.
3.6 You must keep Your login details used to access the App confidential and secure at all times.
4.1 Subject to these Terms, We hereby grant to You a non-exclusive, non-transferable (without a right to sub-licence) and terminable licence to access the App. This licence is in respect of Your use of the App for Your own personal, non commercial purposes only.
4.2 Except as expressly permitted in these Terms, You shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the App, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the App to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App or Your right to use the App; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to Us or our licensors contained within the App; or (v) use the App in any manner not expressly authorised by these Terms.
4.3 We will use our reasonable endeavours to make the App available to You at all times, but We cannot guarantee that the App will be uninterrupted or fault free. Routine and essential maintenance and upgrades may be required from time to time to improve, add functions or restore the App. Notice may not occur at the time of any of the events listed within this clause.
4.4 We may suspend Your access to the App and/or terminate your Contract, wholly or partly, at any time without notice to You if any of the following events occur:
4.4.1 the third party service and network providers cease to make the third party services or network available to Us;
4.4.2 We are undertaking repairs, planned maintenance or upgrades to the App;
4.4.3 We believe that You or someone using Your login details has failed to comply with one or more of these Terms;
4.4.4 We believe that there has been fraudulent use, misuse or abuse of features or functionalities of the App (in whole or in part);
4.4.5 We believe that You have provided Us with any false, inaccurate or misleading information;
4.4.6 We do not receive the required fees or charges from Your Healthcare Adviser and/or Your Healthcare Adviser’s right to use the Platform is terminated for any reason; or
4.4.7 We believe that You are not acting in a personal capacity.
4.5 We reserve the right to make changes to the App or any part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the App.
5.1 You shall, at all times:
5.1.1 comply with all applicable laws, regulations, directives and legislations in Your use of the App;
5.1.2 ensure that the device You use to access the App:
18.104.22.168 complies with any minimum specification released by Us from time to time and required for Your device to use all the features and functionality of the App; and
22.214.171.124 contains adequate anti-virus protection and You acknowledge that We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect Your device due to Your use of the App, and You hereby release and discharge Us from any liability for such loss or damage;
5.1.3 comply with any guidelines provided or reasonable instructions issued by Us from time to time in respect of Your use of the App;
5.1.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App;
5.1.5 not use the App and/or any knowledge, information, know-how and/or expertise derived from using the App to commit any criminal act; and
5.1.6 not use the App and/or not do anything that shall or be reasonably deemed to infringe any intellectual property rights or other rights of any third parties.
5.2 In addition to the obligations above, You shall not submit to appear on the App any information (including Your Information, data, comments, images, third party URL links or other material whatsoever in any format) (together “Your Submissions”) that may reasonably be deemed to be offensive, illegal, inappropriate or that in any way:
5.2.1 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
5.2.2 harasses or advocates harassment of another person;
5.2.3 displays pornographic or sexually explicit material;
5.2.4 promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
5.2.5 promotes any illegal activities;
5.2.6 provides instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
5.2.7 promotes or contains information that You know or believe to be inaccurate, false or misleading;
5.2.8 may be deemed to be a misrepresentation of any facts;
5.2.9 engages in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without Our prior written consent; or
5.2.10 infringes any rights of any third party including but not limited to intellectual property rights;
5.3 Unless otherwise explicitly stated by Us, We do not vet, verify the accuracy, correctness and completeness, edit or modify any of Your Submissions created, submitted and/or provided by You through the App or otherwise to determine whether it may result in any liability to any third party. You hereby warrant that You have the rights to use all such information, data and material in the manner set out in these Terms. WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF OUR APP BY YOU IN CONTRAVENTION OF THIS CLAUSE 5.
5.4 You hereby grant Us a non-exclusive, perpetual, irrevocable, worldwide licence to make Your Submissions available through the App.
5.5 In the event that We, in Our sole and absolute discretion, consider that You have breached any of the terms set out in this clause 5, We reserve the right to take any action that We deem to be necessary, including without limitation, disabling Your login details, suspending Your use of and access to the App; and in the case of illegal use, the instigation of legal proceedings and/or disclosure of such information to law enforcement authorities or third parties as we reasonably feel is necessary.
6.1 The App allows Your Healthcare Adviser to access and view Your Information to assist with their advice and services to You. The main purpose of the App is to enable You to record and store Your Information in a convenient manner, as well as facilitate the applicable Healthcare Adviser’s access to Your Information. Neither Us nor the Healthcare Adviser are under any obligation to access and view Your Information. We shall not be responsible in any way for any services, advice or other communication which may be provided to You by Your Healthcare Adviser.
6.2 The App does not provide a method of communication to Your Healthcare Adviser and should not in any way be viewed as an emergency response and/or health advisory service. Healthcare Advisers are not able to reply to any of Your Information submitted through the App.
6.3 We make no warranties and assume no responsibility for verifying the credentials, standards or reputation of any Healthcare Adviser, or any information that may be listed with respect to any Healthcare Adviser. You acknowledge and agree that it is Your entire responsibility to carry out whatever enquiries You deem necessary to verify whether or not to seek medical advice from the Healthcare Adviser.
6.4 You acknowledge and agree that the Healthcare Adviser is in control of Your Information and as such is responsible for all acts or omissions relating to the disclosure of Your Information. How Your Healthcare Adviser obtains Your approval for disclosure (i.e. verbally or otherwise) is a matter for You and Your Healthcare Adviser to agree.
6.5 In the event there is a dispute between You and the Healthcare Adviser, or if the Healthcare Adviser services or advice are not provided to Your satisfaction, You acknowledge and agree that We shall not liable to You for any loss or damage suffered by You as a result of any such services, advice or any other acts or omissions of the Healthcare Adviser. YOU HEREBY RELEASE US FROM ANY SUCH LOSS OR DAMAGE OR ANY LIABILITY IN RELATION TO ANY ACT OR OMISSION OF A HEALTHCARE ADVISER, OR ANY DISPUTE BETWEEN YOU AND A HEALTHCARE ADVISER.
7.1 You acknowledge and agree that:
7.1.1 We are in no way linked, connected or affiliated with Apple, Google, Microsoft or any other app-store provider;
7.1.2 access to and use of the App may be limited by your network carrier and will be limited if you are attempting to access the App from outside the United Kingdom;
7.1.3 You acknowledge You will not be able to access and use certain functionalities of the App unless You have internet access through a GPRS, 3G, 4G or Wi-Fi connected device. All traffic charges or access charges incurred due to the use of the App are subject to Your agreed terms with your network provider;
7.1.4 neither Your airtime provider nor any app-store or app-store operator (including but not limited to the Apple “App-Store” “Google Play” or Microsoft’s “Apps for Windows” marketplace) shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, performance or non-performance of the App;
7.1.5 Your airtime provider and any app-store or app-store operator (including but not limited to the Apple “App-Store” “Google Play” or Microsoft’s “Apps for Windows” marketplace) are third party beneficiaries in respect of this clause and accordingly have the right to enforce the provisions of this clause;
7.1.6 We are solely responsible for providing any support and maintenance in respect of the App; and
7.1.7 You will comply with any third party terms and conditions which may be applicable from time to time in relation to Your use of the App.
7.2 Further, where you have obtained the App from the Apple ‘AppStore’, You acknowledge and agree that:
7.2.1 You are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;
7.2.2 You are not listed on any US Government list of prohibited or restricted parties;
7.2.3 these Terms are concluded between You and Us and accordingly Apple is not a party to these Terms;
7.2.4 Apple has no obligation to provide any maintenance and support services in respect of the App;
7.2.5 if the App fails to conform to any warranty herein, You may notify Apple following which Apple will refund You the purchase price paid for the App (if any). Apple will have no further liability whatsoever in respect of any such failure;
7.2.6 Apple has no responsibility to address any claims by You or any third party whatsoever with respect to the App;
7.2.7 Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
7.2.8 ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc.
7.3 Further, where you have obtained the App from the Apps for Windows Marketplace, you acknowledge and agree that you may install and use one copy of the App on up a maximum of five devices you personally own or control and which are affiliated with the Windows Live ID associated with your Apps for Windows account. You may not install or use a copy of the App on a device you do not own or control.
8.1 Subject to clause 8.2, use of the App is provided free of charge.
8.2 We reserve the right to start charging for use of the App on the provision of reasonable notice to You.
9. Term and Termination
9.1 Your Contract to access and use the App shall continue until terminated in accordance with these Terms.
9.2 We may, at any time and for any reason on notice to you in writing or by e-mail, terminate Our Contract with You and deny You access to the App.
9.3 You may elect to terminate Your Contract at any time on notice to Us, by writing to Us by email and requesting that Your Contract be terminated.
9.4 On termination of Your Contract in accordance with these Terms:
9.4.1 You will no longer be entitled to access the App (save for as per clause 9.4.2); and
9.4.2 unless otherwise revoked by us, Your access to the App will be limited for the purpose of accessing Your Information which has been submitted to the App prior to termination. We shall remove this information if requested by You (and only to the extent that We are not bound by any existing law and legislation to retain such information). We may revoke this access at any time after termination.
9.5 Sections 4.2, 6, 9, 10, 11 12 and 13 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable.
10.1 Other than in relation to any links to third party websites, We own or have a licence to use all right, title and interest in and to the App, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the App or the content contained therein to You. All rights in and to the App or content not expressly granted to You are reserved by Us.
10.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view the content for Your personal use only.
10.3 You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by Us, and doing anything which may be seen to take unfair advantage of Our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to Us, without first obtaining Our written permission.
11.1 Any content, information or material provided by Us to You as part of the App is provided on an ‘as is’ basis for Your convenience only. Such content, information and material does not constitute advice or a recommendation and therefore it should not be solely relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
11.2 To the maximum extent permitted by law, We expressly exclude all representations, warranties, conditions obligations and liabilities in connection with the App, and any content, information or materials provided therein.
11.3 Links to third party websites and companies may appear on the App. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not necessarily endorse the views expressed within them.
11.4 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms and such amount that we may pay to You for such loss or damage You suffer under or arising out of Your Contract shall be limited in the aggregate to one hundred pounds (£100.00).
11.5 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time we entered into this Contract.
11.6 We only supply the App for Your own private use. You agree not to use the App for any commercial, business or re-sale purpose, and We have no liability to You for any loss of profit, loss of data, loss of business, business interruption, or loss of business opportunity.
11.7 We accept and do not limit Our liability to You for the following categories:
11.7.1 death or personal injury;
11.7.2 fraud or fraudulent misrepresentation; or
11.7.3 any liability that may not otherwise be limited or excluded by law.
12.1 We are committed to protecting (i) Your privacy; and (ii) the confidentiality of the information provided by You using the App.
13.1 You may print and keep a copy of these Terms, which form the entire agreement between You and Us and supersede any other terms, communications or advertising with respect to the App and the subject matter hereunder. You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and us except as expressly set out in these Terms.
13.2 We may alter or amend these Terms at any time, with immediate effect upon notice to You. By continuing to use the App after such alteration, You will be deemed to have accepted any amendment to these Terms.
13.3 These Terms and their performance shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the courts of England.
13.4 You shall comply with all foreign and local laws and regulations which apply to Your use of the App in whatever country You are physically located, including without limitation, consumer law, export control laws and regulations.
13.5 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
13.6 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
13.7 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
13.8 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Us and such third parties shall not be entitled to enforce any term of these Terms against Us.
13.9 We may transfer our rights and obligations under Your Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
13.10 We may give notice by means of a general notice through the App, or by email to an e-mail address previously supplied by You, or in writing sent by regular post to an address previously supplied by You.
For more information, please contact firstname.lastname@example.org