These terms of use govern your use of the FollowApp.Care web application (the “Application”). By using the Application, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not download the Application and/or delete all files from your device. This Application makes information available to medical patients (the “Patients”) and their respective care providers (“Third Party Medical Practitioners”) together “you” or the “parties”. The terms of this Application are applicable to both parties unless otherwise specified.

1. LICENSE TO USE THE APPLICATION

Unless otherwise stated, we or our licensors, own the intellectual property rights in the Application and material on the Application. Subject to the licence below, all these intellectual property rights are exclusively reserved. As part of this licence you may view and download the Application for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not:

• (a) reproduce material from the Application (including republication on another application or website);
• (b) sell, rent or sub-license material from the Application;
• (c) communicate any material from the Application to the public;
• (d) reproduce, duplicate, copy or otherwise exploit material on the Application for a commercial purpose;
• (e) edit or otherwise modify any files on the Application;
• (f) redistribute material from the Application except for content specifically and expressly made available for redistribution.

2. ACCEPTABLE USE

You must not use our Application in any way that causes, or may cause, damage to the Application or impairment of the availability or accessibility of the Application; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our Application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including, without limitation, processing (within the meaning of the Data Protection Act 1998), scraping, data mining, data extraction and data harvesting) on or in relation to our Application without our express written consent. You must not use our Application to transmit or send unsolicited commercial communications. You must not use our Application for any purposes related to marketing without our express written consent. Provisions for Patients You confirm that you are over the age of 18 or are only using this application under the supervision of an adult. You confirm that you are the subscriber of the mobile service associated with this device and/or have the permission from the subscriber of this mobile service to subscribe to services from Third Party Medical Practitioners. Provisions for Third Party Medical Practitioners You confirm that you have obtained the consent of the Patient to use this application in relation to their care, including the waiver of any professional confidentiality for the purposes of using this application. All personal information concerning Patients shall be lawfully processed by us in accordance with our Privacy Policy. By use of our application you agree that you process any personal information as a data processor on behalf of us within the meaning of the Data Protection Act 1998.

3. RESTRICTED ACCESS

Access to certain areas of our Application is restricted. We reserve the right to restrict access to other areas of our Application, or indeed our whole Application, at our discretion. If you generate a user ID and password to enable you to access restricted areas of our Application or other content or services, you must ensure that the password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on our Application arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure. You must not use any other person’s user ID and password to access our Application, unless you have that person’s express permission to do so. We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

4. LIMITED WARRANTIES

Provisions Applicable for Patients This Application makes use of information provided by Third Party Medical Practitioners, referred to as “External Services”, to provide you with therapeutic care information. By the downloading and use of this Application you confirm that you understand that this Application provides access to such External Services by way of information only and that this Application does not assume responsibility in respect of the accuracy, quality, reliability, availability or assurance in respect of any matter of legal compliance in relation to such External Services. In particular, we make no representations as to the standard of care provided by Third Party Medical Practitioners. We will not be a party to a contract between you and any provider of External Services.

5. LIMITED WARRANTIES

Provisions Applicable to all Parties We do not commit to ensuring that the Application remains available at all times or that the material on the Application is kept up to date. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this Application and the use of this Application (including, to the extent permitted, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). You acknowledge that these terms are reasonable in light of the Application being provided free of charge.

6. LIMITED WARRANTIES

Provisions Applicable to Third Party Care Providers This Application makes use of information provided by Patients. By the downloading and use of this Application you confirm that you understand that this Application provides access to such information by way of information only and that this Application does not assume responsibility in respect of the accuracy, quality, reliability, availability or assurance in respect of any matter of legal compliance in relation to such information. In particular, we make no representations at to your ability to communicate effectively with Patients through the Application. Should you need to contact Patients in the event of an emergency you should consider the use of alternative means.

7.  LIMITATIONS AND EXCLUSIONS OF LIABILITY

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from our negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. This Application collects data and service information from Patients and Third Party Medical Practitioners for presentation within the Application. We will not be liable for any loss whether direct or indirect due to any inaccuracy, defect, omission or misrepresentation in relation to such information presented on this Application. We will not be liable to you in respect of any losses whether direct or indirect, including (without limitation) any incurred data charges, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill caused by your use of this Application. This Application is only suitable for smartphones and computers. We will not be liable to you in respect of any loss or corruption of any data, database or software or damage to your device or other property and additionally we will not be held liable for any damage to or failure of your device if you choose to use this application while running another kind of device. We will not be liable to you in respect of any special, indirect or consequential loss or damage. Should any of the above clauses be found to be unreasonable by a competent court, the full extent of our liability to you in any of the above circumstances for all aggregate claims shall not exceed ?100 or the equivalent amount in any foreign currency. You acknowledge that this term is reasonable in light of the Application being provided free of charge.

8.  INDEMNITY

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use caused by your own negligence or otherwise. You acknowledge that this term is reasonable in light of the Application being provided free of charge.

9.  BREACHES OF THESE TERMS OF USE

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Application, prohibiting you from accessing the Application, blocking computers using your IP address from accessing the Application, contacting your internet service provider to request that they block your access to the Application and/or bringing court proceedings against you.

10.  VARIATION

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our Application from the date of publication of the revised terms of use on our Application. We will use reasonable endeavours to notify you of changes to these terms and may do so by email but cannot guarantee your receipt of this. Your continued use of this Application confirms your consent to any such variation.

11.  ASSIGNMENT

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights, licence and/or obligations under these terms of use.

12.  SEVERABILITY

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

13.  EXCLUSION OF THIRD PARTY RIGHTS

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. No third party may enforce any rights under this agreement.

14.  ENTIRE AGREEMENT

These terms of use, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our Application and supersede all other agreements in respect of your use of our Application.

15.  LAW AND JURISDICTION

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

15.  OUR DETAILS

You can contact us by email at info@followapp.care.