End User Licence Agreement
Agreement
1.1. The Expand Health mobile application (the App) primarily allows for clients to:
1.1.1.
upload their health data to the App for health practitioners to process and analyse;
1.1.2.
access the reports, health programmes and protocols prepared by the health practitioners; and
1.1.3.
book appointments with their health practitioners
(These functionalities are referred to as the Service).
1.2.
This end user licence agreement (the EULA) governs your use of the App, including any modifications or updates to it. By downloading, installing, or using the App, or in any manner indicating your agreement to these terms, you become bound by the terms of this EULA, which is entered into between you (the user of the App) and us, Expand Health Limited, a private company incorporated in terms of the company laws of the United Kingdom.
1.3.
The use of the App and/or the Service is subject to the terms and conditions of use set out in this EULA. By using the App and/or the Service, you agree to observe all terms and conditions herein, including our Privacy Policy, which is included herein by reference. If you do not agree with any term of this EULA, you must cease your access of the App and/or the Services immediately
1.4.
You will probably download this App to your mobile device (Device) from a third party mobile app store (the Store). This EULA and your use of the App are both subject to any conditions imposed on you from time to time by the Store in accessing and downloading the App.
1.5.
We may release new versions of the App from time to time. You should download the new version in order to continue to make use of the Service, and you understand that the Service may not be provided as intended should you not be using the latest version.
Licence
2.1.
We grant to you a free, non-transferable licence to use the App on any Device that you own or control for the sole purpose of accessing the Service. If the Store that you download the App from is operated by Apple Inc., then the license is limited to use the App on an iPhone, iPod Touch, iPad or other Apple Device using a version of the iOS operating system as permitted by the Apple App Store Terms of Service.
2.2.
This license does not allow you to use the App on any Device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple Devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this license and the Usage Rules as set out in the Apple App Store Terms of Service), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation of our rights and the rights of our licensors.
2.3.
We may change the terms of this EULA at any time, and will display the new EULA for acceptance the next time you access the App. If you do not accept the amended EULA, this this EULA will automatically terminate (see clause 3).
Term & Termination
3.1.
This EULA will remain in force until terminated either by you or by us. Your rights under this EULA will terminate automatically without notice from us if you fail to comply with any term(s) of this EULA. Upon termination of the EULA, you must cease all use of the App, and destroy all copies, full or partial, of the App.
Registration and Creation of Account
4.1.
After accepting this EULA, you will still need to register an account before you can use the Service. You will register using the App itself, and you undertake to provide accurate information and to keep this information updated and accurate at all times.
4.2.
We will use your personal information only for providing the Service to you via the App, including analysing your personal health data as described above and contacting you regarding the Service.
4.3.
You must keep your username and passwords safe to ensure that only you can use the App. You agree that usernames and passwords are issued for individual users only and that you must not share this information with anyone else.
4.4.
You understand that, once the correct username and password relating to your account have been entered on the App, irrespective of whether the use is unauthorised or fraudulent, you will be liable any actions taken on the App.
4.5.
Should you forget your username or password, we will be obliged only to take such steps as we regard as being secure to ensure that you re-gain access to your account.
4.6.
You accept that you are solely responsible for the consequences of your use of your account and for maintaining it and all information in it.
4.7.
You agree:
4.7.1.
to use the App and your account only for the purposes set out in this EULA;
4.7.2.
not to use the App or your account to commit any unlawful activity; and
4.7.3.
not to impersonate any other person in dealing with us, and particularly not to access the App using another user’s username and password.
4.8.
You indemnify us and hold us harmless from any action resulting from any use of the App or your account which does not comply with the provisions of this clause.
4.9.
You agree and acknowledge that you will contact us immediately should you experience any unauthorised use of your account details.
Third Party Content and Services
5.1.
The App may allow access to websites or other applications owned and / or operated by third parties. We are not responsible for the content from such sources, and do not endorse or approve the contents thereof.
5.2.
You agree to use the App at your sole risk in this regard and we consequently are not responsible for and do not accept any liability in connection with any third party material that may be accessible via the App (regardless of whether or not we have permitted access to the material).
5.3.
If you access such material you undertake not to infringe any intellectual property rights relating to it, whether by making reproductions, derivative works or otherwise.
5.4.
You must also comply with applicable third-party terms of agreement when using the App.
Consent to Use of Technical Data
6.1.
You agree that we may collect and use technical data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide the Services or other technologies to you.
Relationship with the Store
7.1.
This clause 7 only applies to you if the Store that you download the App from is operated by Apple Inc.
7.2.
Both parties acknowledge that this EULA is entered into between them only, and that Apple Inc. is not a party to it. The Store is not responsible for the App or its content, and is not responsible for any support and maintenance of the App.
7.3.
In the event of a failure of the App to conform to an applicable warranty, you may notify the Store, which may refund the App licence fee to you (if one was paid). To the maximum extent permitted by applicable law, the Store will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility (subject to the other provisions of this EULA).
7.4.
Both parties acknowledge that we, and not the Store, are responsible for addressing any of your claims or any third party relating to the App or your possession and/or use of the App including, but not limited to, (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
7.5.
Both parties acknowledge that if there is any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, and not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7.6.
Both parties acknowledge and agree that this EULA operates as a contract for the benefit of a third party in favour of the Store and its subsidiaries, insofar as the provisions of this EULA create rights in favour of the Store. The Store will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
7.7.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Data Protection
8.1.
The use of the Services requires you to enter personal data relating to your health, including information regarding physical or mental health, age, medical history, and biometric information.
8.2.
You agree that this data will be uploaded to our servers and then shared with the health practitioners.
8.3.
You acknowledge that we are processing patient personal information on your behalf, and that we are not acting under your direct authority. Accordingly, we are a “controller” as defined in data protection laws.
8.4.
We undertake to process your personal data in accordance with the provisions of applicable data protection laws no matter where in the world the personal information is processed and only to the extent necessary to provide the Service.
8.5.
We will notify you immediately where we have reasonable grounds to believe that your personal data has been accessed or acquired by any unauthorised person.
8.6.
We will secure the integrity and confidentiality of your personal data under our control by taking appropriate, reasonable technical and organisational measures to prevent:
8.6.1.
loss of, damage to or unauthorised destruction of personal data; and
8.6.2.
unlawful access to or processing of personal data.
8.7.
In order to give effect to the above, we will take reasonable measures to:
8.7.1.
identify all reasonably foreseeable internal and external risks to personal data in our possession or under our control;
8.7.2.
establish and maintain appropriate safeguards against the risks identified;
8.7.3.
regularly verify that the safeguards are effectively implemented; and
8.7.4.
ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
8.8.
We will have due regard to generally accepted information security practices and procedures which may apply to us in the processing of personal data.
8.9.
You understand that the data you upload on the App may be transferred across national borders.
8.10.
You agree that we may de-identify (anonymise) and then retain and use your personal data for our own internal purposes and in order to provide market analysis and related services to third parties. You also agree that we may also use this data for ethical research purposes.
8.11.
To the extent that local legislation permits or if you are a resident of the European Union or United Kingdom, you have the following rights regarding your personal information:
8.11.1.
to access your personal data that we have on record.
8.11.2.
to ask us to correct any incorrect personal data. These requests must be sent to us in writing.
8.11.3.
to ask us to delete or destroy your personal data. You can also object to us processing your personal data. These requests must be sent to us in writing. However, if you ask us to do this, we may have to suspend the provision of the Service for a period of time or even terminate the relationship with you. Our records are subject to regulatory retention periods, which means we may not be able to delete or destroy your personal data immediately upon request.
8.11.4.
you may also ask us to port your personal data to another party in terms of applicable European Union and United Kingdom data privacy legislation.
8.12.
Further information regarding the manner in which we respect the privacy of users’ personal data is contained in our Privacy Policy.
Disclaimer
9.1.
Expand expressly disclaims any responsibility or liability for any adverse outcomes or consequences arising directly or indirectly from your use of the App or reliance on any information contained therein. The App is not designed to replace the relationship you have with your health practitioner and is not intended to provide any emergency medical services. If you are experiencing a medical emergency, contact your local emergency services immediately.
9.2.
You expressly agree that you know and understand that we merely facilitate the contact between you and the health practitioner. We will not be liable for any act or omission of a health practitioner. You should never disregard professional medical advice or delay in seeking it because of something you have read in the App.
9.3.
You understand that the information provided through the App is for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. We do not recommend or endorse any specific tests, health practitioners, products, procedures, opinions, or other information that may be mentioned in the App. Always seek the advice of your health practitioner or another qualified healthcare provider with any questions you may have regarding a medical condition or treatment.
9.4.
Reliance on any information provided by the App, Expand, the health practitioners, Expand’s employees, or others appearing on the App is solely at your own risk.
9.5.
We do not make any promises, representations, warranties or guarantees (express or implied) with reference to the Service except such as are consistent with this EULA or as are expressly authorised by us in writing.
9.5.
We disclaim all representations and warranties including of any kind, whether express or implied, statutory or otherwise, but not limited to Service availability, accuracy, usefulness, merchantability, completeness, fitness for particular purpose or non-infringement, as may be allowed in law.
9.10.
We will not be bound by any incorrect information regarding the Service displayed on any third-party websites.
No Warranty
10.1.
Save as expressly set out in this EULA and to the maximum extent permitted by applicable law, we make no representations and give no warranties or guarantees of any nature whatsoever in respect of the App, which is provided on an “as is” and “reasonable effort” basis, and all warranties, whether statutory or which are implied or residual or at common law are hereby expressly excluded. Should the App prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
Limitation of Liability
11.1.
We are not liable for any loss or damages of whatsoever nature and howsoever arising (including consequential, indirect, aggravated, special or incidental loss or damages which will include but will not be limited to loss of property, data, profit, business, goodwill, revenue or anticipated savings) or any costs (including legal costs on the scale as between attorney and own client and any additional legal costs), claims or demands of whatsoever nature and howsoever arising, whether out of breach of express or implied warranty, breach of contract, misrepresentation, negligence, strict or vicarious liability, in delict or otherwise, and whether either party anticipates the damage or not, and whether arising from or relating to this EULA, the use of the App, the use of the Service, the contact you have with the health practitioner, or otherwise.
11.2.
You agree to indemnify and hold harmless us, our servants, subcontractors, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney's fees and related costs, made by any third-party and arising out of or in connection with your use of or access to the App or the Service.
Intellectual Property
12.1.
Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in the App or the Service are owned by us, and we assert and reserve all of our rights in this regard. Access to or use of the App or the Service will not in any way result in an assignment or license of any intellectual property owned by us to you or any other party.
12.2.
The contents of the App may not be transmitted, transcribed, reproduced, stored or translated into any other form without our prior written permission. However, we permit you to display the content of the App or the Service on your Device.
12.3.
No other use of the App or the Service is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of the App or the Service, include the content of the App or the Service in or with any product that you create or distribute, or copy the content of the App or the Service onto your own or another's website, unless as set out in this EULA.
Identity and Contact Details
13.1.
Your identity and addresses where you will accept service of any notices or other communications under this EULA is as per the information that you provide to us when registering your account on the App.
13.2.
Our identity and addresses where we will accept service of any notices or other communications (including queries and complaints) under this EULA are:
13.2.1.
Name: Expand Health Limited
13.2.2.
Address: 77 East Road Studio Shoreditch Bsl, London, N1 6AH
13.2.3.
Email address: support@expand.health
General
14.1.
This EULA is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
14.2.
The law of England and Wales will apply to this EULA, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of the United Kingdom in this regard.
14.3.
For the avoidance of doubt, any provision of this EULA that anticipates any right or duty extending beyond the termination or expiry of this EULA will survive the termination or expiry of this EULA and continue in full force and effect.
14.4.
If one party chooses not to enforce any part of this EULA, that does not mean that the party cannot enforce that part at a later time. If any part of the EULA is found to be unenforceable, the rest will still be enforceable.
14.5.
In the event that any part of this EULA is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this EULA.
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Address: 77 East Road Studio Shoreditch Bsl, London, N1 6AH
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