Terms and Conditions of Use

Terms and Conditions of Use

With effect from 01.09.2020

(a)             PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms and conditions comprise our general terms of use and website terms of use (detailed below at section (A)) and mobile application terms (detailed below at section (B)), and together are referred to as the Terms of Use.

(A) OUR TERMS OF USE AND WEBSITE TERMS OF USE

General Terms of Use

(b)             With effect from 01.09.2020

Welcome to https://app.healthmachine.com  (referred to as the “Website”) and the mobile application (“the App”). This Website and the App are operated by Avegen Ltd., having its registered office at Rivertech, Basing House, 46 High Street, Rickmansworth, United Kingdom, WD3 1HP, and its affiliates (hereinafter referred to as the “Company” or “us” or “we”, which expression shall mean and include its officers, successors and permitted assigns).

The Website is an online platform to be used by healthcare professionals who have registered with us and may undertake the following:

  1. Manage patients through online health records and appointment booking tools
  2. Enter patient details in accordance with the Privacy Policy (as defined in 1.2 below)
  3. View metrics and analytics within the system
  4. Send email or SMS messages
  5. Run reports; together referred to as the ‘Services’ in this section (A)
(c)             By clicking on “ok” and using this site, you accept these terms and conditions

By using the website, you hereby acknowledge that we do not provide any medical advice through the website/app. Any information on this website/app is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. We are only responsible for facilitating the interaction between you and the medical professionals through the website/app. We are not responsible or liable for any advice, course or treatment, diagnosis, or any other information, that you may obtain through this website/app. All medical advice, diagnosis, and treatment on the website/app is provided through registered medical professionals. Many of the physicians affiliated with our service are independent practitioners and are neither our employees nor our agents and we are not responsible for the care provided by them.

By clicking on “ok” using our site, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

1. Applicability of these terms
  1. 1. These Terms of Use shall apply to all users (including but not limited to healthcare professionals and patients) who have registered with us.
  1. 2. The privacy policy available at https://content.healthmachine.io/privacy-policy (referred to as “the Avegen Privacy Policy”).  Please note that we are not responsible or liable with respect to the terms of the privacy policy of our customers. The users are encouraged to carefully read the same prior to accessing the Services.
  1. 3. Personal Information Submitted Through the Services. Your submission of personal information through the Services is jointly governed by our Privacy Policy located at https://content.healthmachine.io/privacy-policy

1.4. We request you to carefully go through these Terms of Use and the Privacy Policy before you decide to access this Website or use the Services. These Terms of Use and the Privacy Policy together constitute an agreement (“Agreement”) between you and the Company in connection with your visit to the Website and your use of the Services.

 1.5. Your use of the Website or the Services will signify your acceptance of the Agreement and your agreement to be legally bound by the same. If you do not agree to, or wish to, be bound by the terms of the Agreement, you may not access or otherwise use the Website or the Services.

  1. 6. Nothing in the Agreement should be construed to confer any rights to third party beneficiaries.
  1. 7. Jurisdictional Issues. The Services may not be appropriate or available for use in some jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the availability of the Services at any time, in whole or in part, to any person or geographic area that we choose, in our sole discretion, for valid reasons (e.g., to comply with relevant laws and regulatory requirements, to protect the security of the Services or to implement reasonable technical adjustments).
2. We may make changes to these terms  

We may change this Agreement from time to time (for any reason, such as changes in the functions or services offered by this Site or to reflect a change in the law) by notifying you of such changes by any reasonable means and by making available a revised Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes. Your clicking or tapping “OK” or “Agree” (or a similar term) in connection with this Agreement or your use of the Services following any changes will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.

3. We may make changes to our site

(d)            To the extent permitted by applicable law, we may, at any time and without liability, modify or discontinue all or part of the Services (e.g., to reflect changes in the relevant laws, to protect the security of the Services or to implement reasonable technical adjustments and improvements, to modify the services and functions provided by the Site); charge, modify or waive any fees required to use the Services where reasonably necessary; or offer opportunities to some or all users, at our sole discretion. We will seek to notify you by reasonable means of (i) any modifications that will have a material adverse effect on your use of the Services, taken as a whole; and (ii) any material increase in the fees charged by us to use the Services.

4. We may suspend or withdraw our site

4.1.  We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 4.2. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

5. Access

5.1.  You will need to register to use our Services. You are required to use the same credentials for accessing the Service subsequently. We may reject, or require that you change, any user name, password or other information that you provide. Your user name and password are for your personal use only and are not to be shared with others. You are solely responsible for maintaining the confidentiality of your credentials and for restricting access to your mobile device, computer, and/or other means of accessing the Services. We are not responsible for any use of your credentials caused by your failure to keep them confidential. You are solely responsible for all activities that occur under your account, either with or without your knowledge. You must promptly notify us of any unauthorized use of your credentials or account of which you become aware.

5.2. When you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile or other similar devices to prevent unauthorized access to your account. We request you to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your account information current and accurate.  You agree to (a) ensure that you exit from your account at the end of each session, and (b) immediately notify the Company of any unauthorized use of your account information or any other breach of security. The Company cannot, and will not, be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by the Company or any other user of or visitor to the Website due to authorized or unauthorized use of your account as a result of your failure to keep your account information secure and confidential.

 5.3.  We reserve the right to terminate any account at any time in our sole discretion, including without limitation for any failure to comply with these Terms of Use, any fraud or abuse, or any misrepresentation that you or anyone using your account may make to us.

 5.4.  We will aim to make the Website error-free on a best effort basis. Your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, we do not take responsibility for internet related issues at your end.

6. Interaction on the Website

6.1.  You understand and agree that any interactions and associated issues with other users of the Services on the Website is strictly between you and the other users. You shall not hold the Company responsible for any such interactions and associated issues. The Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the other user which you ultimately interact with via the Website.

7. How you may use functions and material on our site

7.1.  We are the owner or the licensee of all intellectual property rights in our site, and in the functions and material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.

 7.2.  You may print off and download extracts, of any page(s) from our site for your professional use only.

 7.3.  You must not use our site for purposes which are outside the remit of you acting as a healthcare professional.

 7.4.  If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. Website Content

 THE INFORMATION INCLUDING ANY, ADVICE AND RECOMMENDATIONS PROVIDED AS PART OF THE SERVICES IS INTENDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SERVICES IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SERVICES.

WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, OR OTHER MATERIAL PROVIDED AS PART OF THE SERVICES. WHILE WE STRIVE TO KEEP THE INFORMATION PROVIDED BY THE SERVICES TO BE ACCURATE, COMPLETE, AND UP-TO-DATE, WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED AS PART OF THE SERVICES.

  • By using our site, you are confirming your understanding and agreement that:
  • The Company does not warrant that (i) the functions contained in any content, information and material on the Website, including, without limitation any third party sites or Services linked to the Website and / or that the Services will be uninterrupted, timely or error-free, (ii) the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free from viruses or other harmful components;
  • Any material downloaded or otherwise obtained through the Website is accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download and / or use; and
  • We cannot and will not assure you that other users of the Website are or will be complying with the foregoing rules or any other provisions of these Terms of Use. As between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
9. Representations and Warranties by the Users

9.1  By using the Website, you represent and warrant that:

  1. You are 18 years of age or older and that your use of the Website will not violate any applicable law or regulation:
  2.  all the information provided by you is owned by you and/or you have the right to use it;
  3. All information provided on the Website by you is true, factual and accurate and you agree to maintain the accuracy of such information. We will not be liable for any incident occurring due to incorrect or insufficient information provided by you;
  4. the posting of your information on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
  5. you have fully read and understood these Terms of Use and the Privacy Policy and consent to them;                                                  
  6. Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
  7. Will not infringe or misappropriate the intellectual property rights of any third party;
  8. Will not send spam or bulk unsolicited messages;
  9. Will not interfere with, disrupt, or attack any service or network;
  10. Will not create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code;
  11. You will not disclose sensitive personal information of others; and

You will not use the Services in violation of these Terms of Use or of the Privacy Policy.

10. Our responsibility for loss or damage suffered by you

10.1  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 and for fraud or fraudulent misrepresentation.

 10.2  We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

 10.3  We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, our site;

(b)use of or reliance on any content displayed on our site;

(c) downloading content onto your computer system;

(d) any viruses attack, or other technologically harmful material that may infect your device, data or other proprietary material due to your use of the Services;

(e) unauthorized access to or alteration of your transmissions or data; or

(f) reliance on any third-party web sites, links or services.

10.4  In particular, we will not be liable for:

  • business interruption;
  • loss of business opportunity, loss of profits, goodwill or reputation; or
  • any indirect or consequential loss or damage.
11. How we may use your personal information

11.1 We will only use your personal information as set out in the Privacy Policy.

12. Conditions of Use

12.1  The Services will be provided on best efforts basis. We will make reasonable efforts and shall endeavour that you are able to use the Services without undue disruption, interruption or delay.

12.2. You shall use this Website for reasonable and lawful purposes only and shall not indulge in any activity that is not envisaged through the Website.

12.3.  You covenant that you will not:

  • modify any content of the Website;
  • decompile, reverse engineer or disassemble the content;
  • use the Services in any way that is unlawful or harms the Company or any other person or entity, as determined in Company’s sole discretion;
  • make false or malicious statements against the Services or Website or the Company;
  • post, copy, submit, upload, distribute or otherwise transmit or make available any software or other computer files that contain a virus or other harmful components, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and / or the Services;
  • engage in any form of antisocial, disruptive or destructive acts, including “flaming,” “spamming,”

“flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;

  • post or upload any content that is libellous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party;
  • delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify; and
  • host, display, upload, modify, publish, transmit, update or share any information that:
  • belongs to another person and to which the user does not have any right
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonates another person;
  • threatens the unity, integrity, defence, security, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(h)             12.a Our Right to Use Submissions. You may be permitted to make available certain information or materials (each, a “Submission”) in connection with the Services, including on profile pages or interactive features. We have no control over and are not responsible for any Submissions, any use or misuse by any third party of Submissions or for your interactions with other users. Users are ultimately responsible for their own actions. If you choose to make your personal or other information publicly available through the Services, you do so at your own risk.

(i)              You acknowledge that any forums contain the opinions and views of other users. You acknowledge further that we are not responsible for the accuracy of any Submissions on the Site. You understand and agree that all Submissions are the sole responsibility of the person who posted the Submission. You understand and agree that you will evaluate, and bear all risks associated with, the use of any Submission, including any reliance on the accuracy, completeness, or usefulness of such Submission.

(j)              Nothing in this Agreement transfers any ownership rights in your Submissions. For each Submission, you grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyze and exploit such Submission, and to contact you about your Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials and advertising).

We are free to use any ideas, concepts, know-how, or techniques contained in or derived from any Submission for any purpose whatsoever, including developing, manufacturing, and marketing products. Therefore, please do not submit or send to us any ideas, suggestion or materials that you wish to keep confidential or for which you expect to receive compensation. You will not have any claim against us with respect to any use or non-use of Submissions, When you submit Submissions, you understand that we will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity on the Services and on any affiliate or successor site or social media channels owned or operated by us or our affiliates. If we make use of any of these rights, you understand and agree that you shall not receive any other consideration, payment, notification or credit, nor will you have any approval over how we use them.

In addition, if you provide to us any ideas, proposals or suggestions (“Feedback”), we will deem such Feedback a Submission. You agree that Feedback is not confidential and that your provision of it is gratuitous, unsolicited and without restriction and does not place us under any obligation in respect of such Feedback.

You confirm that (a) you have all rights necessary to grant the licenses granted in this section, (b) your Submissions are complete and accurate, and (c) your Submissions and your provision of them to us are not fraudulent or otherwise in breach of any applicable law or any right of any third party. You further irrevocably waive (and consent to us performing any acts or omissions in relation to your Submissions and associated materials that may be inconsistent with) any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your Submission that you may have under any applicable law. 

We may impose a maximum amount of storage for Submissions on the Services. We are not responsible for any loss or harm you may suffer as a result of any deletion or failure to store any messages, communications or other Submission associated with maintaining the maximum amount of storage.

(k)             12.b Monitoring Use of the Service. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Services or analyze your access to or use of the Services. We may disclose information regarding your access to and use of the Services, the circumstances surrounding the transmission of Submissions, and personal information regarding users who make Submissions available, in each case in accordance with applicable law or a request by a court or law enforcement or other governmental authority, or otherwise in accordance with our Privacy Policy.

13. We are not responsible for viruses and you must not introduce them

13.1  We do not guarantee that our site will be secure or free from error or free from bugs or viruses.

 13.2  You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

 13.3  You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

14. You may not transfer your registration to someone else

(l)              We are giving you personally the right to use the Website and the Service as set out herein. You may not otherwise transfer the Website or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Website is installed, you must remove the Website from it.

15. Links to Third Party Websites

15.1  The Website includes links to other websites whose terms and privacy practices may differ from those of the Company. The inclusion of a link does not imply any endorsement by the Company of the third party website, the website’s provider, or the information on the third party website. If the users access or submit personal information to any of those websites, such access and information will be governed by the terms of use and privacy policies of such third party websites and the Company is not responsible or liable with respect to the terms, policies or the websites. The users are encouraged to carefully read the terms and privacy policy of any website that they visit.

15.2  You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

 15.3  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 15.4  Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

15.5  We reserve the right to withdraw linking permission without notice.

16. Limitation of Liability

(n)             16.1 Disclaimer of Warranties. To the fullest extent permitted under applicable law, the Services are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties or conditions of any kind, whether express, implied or statutory.

(o)             We disclaim all warranties with respect to the Services to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.

(p)             To the fullest extent permissible under applicable law, and subject to any applicable terms and conditions or policies applicable to the use of third party materials as set out in Section 13, third party materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express or implied. We disclaim all warranties with respect to third party materials.

(q)             Without limiting the generality of the foregoing, to the fullest extent permissible under applicable law, we make no representation or warranty that the Services will be secure, that any user name, password or other security measure that you may use or allow others to use in connection with the Services will prevent unauthorized access to your Services account or related information, or that your Services Account or related information will not be accessed or misused by any third party.

(r)              All disclaimers of any kind in this agreement (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective shareholders, stockholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers, and their respective successors and assigns (collectively, the “Company Parties”).

16.2. Limitation of Liability. Nothing in this Agreement restricts, excludes or modifies or purports to restrict, exclude or modify any mandatory statutory consumer rights under applicable law.

(s)             With respect to any conditions, warranties or guarantees that cannot be excluded under applicable statutes, to the extent permitted by applicable law, our liability is limited (at our option) to the resupply or refund of the cost of the relevant portion of the Services.

(t)              To the fullest extent permitted under applicable law: (a) we will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, or losses that were not reasonably foreseeable to you or us at the time you agreed to this Agreement, in each case arising out of or in connection with the Services or this Agreement, and under any contract, tort (including negligence), strict liability or other theory (collectively, “Indirect Losses”). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen.

(u)             without limiting the foregoing, we will not be liable for Indirect Losses of any kind resulting from your use of or inability to use the Services or from any Products or Third Party Materials, including from any Virus that may be transmitted in connection therewith.

(v)             the Company Parties 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, for gross negligence or willful behavior, or for fraud or fraudulent misrepresentation.

(w)           Our maximum aggregate liability for all damages, losses and causes of action arising out of or in connection with the Services or this Agreement, whether in contract, tort (including negligence) or otherwise, will not exceed the greater of (a) the total amount, if any, paid by you to us to use the Services; and (b) ten United States dollars ($10).

(x)             All limitations of liability of any kind in this Agreement (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and the Company Parties.

(y)             With respect to any conditions, warranties or guarantees that cannot be excluded under statute, to the extent permitted under applicable law, our liability is limited (at our option) to the resupply or refund of the cost of relevant services.

While we take reasonable steps to try to maintain the timeliness, integrity and security of the Services, we cannot guarantee that they are or will remain updated, complete, correct or secure, or that access to them will be uninterrupted. The Services may include inaccuracies, errors and materials that conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, please use email us at support@avegenhealth.com and provide a description of such alteration and its location on the Services.

17.  Force Majeure

(z)             We will not be responsible for any delay or failure to comply with our obligations under these Terms of Use or in performing the Services, if the delay or failure arises due to any event or circumstance beyond our reasonable control.

18. Restrictions

  Your personal and non-commercial use of the Website shall be subjected to the following restrictions:

  • you may not modify any content of the Website;
  • you may not decompile, reverse engineer, or disassemble the content; or
  • you may not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use the Website in any manner that may be harmful to the operation of the Website or its content.
  • Post, transmit or otherwise make available through or in connection with the Services any materials that are or may be: (a) threatening, harassing, degrading, hateful, intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous or fraudulent; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
  • Use the Services for any commercial purpose, including use for your commercial purposes or any commercial purposes that will benefit you in any way.
  • Use the Services for any purpose that is fraudulent or otherwise unlawful.
  • Collect information about users of the Services in any way, including through reverse engineering.
  • Interfere with the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services, or violate any requirement or policy of such servers or networks.
  • Restrict or inhibit any other person from using the Services.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized under this Agreement, without our express prior written consent.
  • Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from the Services.
  • Incorporate any portion of the Services into any product or service, without our express prior written consent.
  • Systematically download and store Services content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the root directory of the Services, we grant to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
19. Termination

19.1  You might stop using the Services, and thereby terminate this Agreement, at any time.

19.2  In case of non-compliance with the Terms of Use or Privacy Policy or in the event any other user reports violation of any of their rights as a result of your use of the Services, the Company reserves the right to immediately:

  • suspend or terminate your access to the Website with or without notice to you;
  • to remove such non-compliant information from the Website; and
  • to exercise any other remedy available under law.

Any suspected illegal, fraudulent or abusive activity will be grounds for terminating your access to the Website. Upon suspension or termination, your right to avail the Services and access to the Website will immediately cease and Company reserves the right to remove or delete your information that is available, including but not limited to login, account information and information posted by you.

Your obligations under this Agreement shall survive any expiration or termination thereof.

20. Access outside the United Kingdom

The Company makes no representation that the content contained on the Website is appropriate to be used or accessed outside the United Kingdom. If the users use or access the Website from outside the United Kingdom, they do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms of Use do not constitute, nor should they be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation is not authorized or to any person to whom it is unlawful to promote or solicit.

21. Applicable Law and jurisdiction

These Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law, without regard to its principles of conflicts of laws, and regardless of your location. We both agree to the exclusive jurisdiction of the courts of England and Wales.

22. Dispute resolution

If any dispute arises in connection with this agreement and such a dispute is not resolved by negotiation between the parties within 30 (thirty) days of the dispute arising, the parties agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR.

23. Report Abuse

In the event you come across any abuse or violation of the Terms of Use or if you become aware of any objectionable content on the Website, please report to Technical support at support@avegenhealth.com

24. Complaints

If you have any issues with respect to the Website or the Services, including any discrepancies and complaints with respect to processing of information, you can contact our technical support team at support@avegenhealth.com

25. Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

26. Electronic Communication

The information communicated by you may constitute an electronic communication. When you communicate with us through the Website or via e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

27. Notices

All notices and other communications required or permitted hereunder to be given to a party shall be in writing, in the English language, and shall be sent by e-mail, addressed to such party’s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision:

If to you: at the email address provided by you to us when you registered as a user.

28. Waiver

No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

29. Indemnity

You agree to defend, indemnify and hold the Company harmless, the Company’s affiliates and its licensors and their respective officers, directors, shareholders, agents,  employees and representatives on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which we may pay, suffer, incur or are liable for, in relation to (i) in breach of these Terms of Use or any additional terms applicable or (ii) a violation of any law, rules or regulations.

30. Other Important Terms

(aa)          30.1 The Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.

(bb)         30.2 You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under the same without restriction.

(cc)          30.3 No waiver by either party of any breach or default under these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default.

(dd)         30.4 Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.”

(ee)          30.5 These Terms of Use, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter of this agreement, and, in the absence of fraud, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.

(ff)           30.6 This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. This Agreement is between you and us. Except as set forth in Sections 16.1, 16.2 and 30, no other person shall have any rights to enforce any of the terms of this Agreement.

(gg)         30.7. The Services are subject to U.S. export controls restrictions. We will not knowingly make the Services available to you if you are, and you confirm that you are not, (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or trade sanction (currently Cuba, Iran,  Sudan, Syria, and the Crimea region of Ukraine)  (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx for more information on U.S. sanctions); or (b) on any of the U.S. government lists of restricted end users (for example, including the “Specially Designated Nationals” list available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).

(hh)         (B) MOBILE APPLICATION TERMS

BY DOWNLOADING THE APP YOU AGREE TO THE FOLLOWING TERMS IN ADDITION TO THE TERMS PROVIDED IN SECTION (A). IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.

We, Avegen Ltd. Rivertech, Basing House, 46 High Street, Rickmansworth, WD3 1HP, licence you to use:

  • The patient app version [•], the mobile application software [•], the data supplied with the software, (App) and any updates or supplements to it;
  • The related electronic documentation (Documentation); and
  • The service you connect to via the App and the content we provide to you through it (Service); as permitted in these terms.
31. Your privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in the Privacy Policy.

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 if there is a special notice that a particular transmission is encrypted.

32. Google Play Store’s and Apple App Store’s terms also apply

The ways in which you can use the App and Documentation may also be controlled by the Google Play Store’s and Apple App Store’s rules and policies which can be found at https://play.google.com/intl/ALL_us/about/play-terms.html and https://www.apple.com/legal/internetservices/itunes/dev/stdeula/ respectively. Google Play Store’s and Apple App Store’s rules and policies will apply instead of these terms where there are differences between them.

 In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection, privacy or similar legislation (including in connection with any use by the App of Apple’s HealthKit or HomeKit frameworks), and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Company in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

33. Operating system requirements

This app supports android and iOS. The OS version Android 5+ and iOS 12.2 and above with storage space of 101MB.

34. Support for the App and how to tell us about problems

Support. If you want to learn more about the App or have any problems using them please take a look at the App support resources which can be found under the ‘Learn more’, ‘Help’ or ‘FAQ’ sections available on the app.

35. Contacting us (including with complaints).

(ii)            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 support@avegenhealth.com

36. How we will communicate with you.

(jj)            If we have to contact you we will do so by writing to you at the email address you provided to us.

37.  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 or stream a copy of the App onto your mobile phone and view, use and display the App and the Service on such devices for your personal purposes only.
  • use any Documentation to support your permitted use of the App and the Service. make up to five copies of the App and the Documentation for back-up purposes; and
  • 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.
38.  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 advance notice of any change to these terms by notifying you by email of the same.

 If you do not accept the notified changes you may not continue to use the App and the Service in accordance with the existing terms.

39. 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 Services.

 The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

40. If someone else owns the phone or device you are using

If you download or stream 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.

41. We may collect technical data about your device

By using the App or any of the Services, 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.

42. We may collect location data (but you can turn location services off)

Certain Services 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 these Services, 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 and road traffic based products and services.

You may stop us collecting such data at any time by turning off the location services for the app on your mobile phone.

43. 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.

44. Licence restrictions

You agree that you will:

not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us; not copy the App, Documentation or Services, 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, Documentation or Services nor permit the App or the Services 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 Services 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 Services 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:

  1. is not disclosed or communicated without the Licensor’s 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
  2. is not used to create any software that is substantially similar in its expression to the App;
  3. is kept secure; and
  4. 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.

45. Acceptable use restrictions

You must:

  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 any 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 any Service;

not use the App or any 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 any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

46. Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

47. Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They 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.

48. Please back-up content and data used with the App.

(kk)         We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

49. Check that the App and the Services are suitable for you.

(ll)            The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.

50. We are not responsible for events outside our control.

(mm)     If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

51. We may end your rights to use the App and the Services if you are in breach or in non-compliance of these Terms of Use

We may end your rights to use the App and Services 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 Services:

You must stop all activities authorised by these terms, including your use of the App and any Services. 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 Services.

52. 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.

53. 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.

54. 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.

55. 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.

56. 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.

57. Complete Understanding:

These Terms of Use contain the entire understanding between you and us, and there are no other written or oral understandings or promises with respect to the subject matter of these Terms of Use other than those contained or referenced herein.