Effective Date: 10th February, 2021These Terms of Use explain in detail how you are able to use the ‘Acute COVID’ application (the ‘App’) and describe the rights relating to the provision of our service, as defined below (“this Agreement”).Before using the App, please read the following carefully. Your access to the App is subject to agreement with these Terms of Use. By using the App, you agree to be bound by these Terms of Use in full. If you disagree with any part of these Terms of Use, you should not use our App. Please also see our Privacy Policy which is not a part of this agreement.You are also responsible for ensuring that those who access the App on your device are aware of and abide by these Terms of Use.
1.0 Parties to this Agreement
1.1 The App is provided by Imagineear Ltd (“we”, “our”, “us”), having been commissioned by the Chelsea and Westminster Hospital NHS Foundation Trust. Imagineear Ltd are registered in the United Kingdom under company No. 0688 7633 and have our registered office at The Compton Rooms, Fulham Palace, London SW6 6EA.1.2 Users who have downloaded the App are individually each a Party to this Agreement (“You”, “Your”).1.3 The parties described above in 1.1 and 1.2 are both separately Parties to this agreement, and together the Parties.
2. Our Service
The App contains information on a range of topics related to the coronavirus disease (COVID-19). Specifically, it is intended as a training resource for clinical staff on how to set up and use pre-ventilation equipment. Care has been taken to include information that is in line with scientific guidance, advice and/or quality standards that have been approved and collated by Dr. Ryan Dhunnookchand, a Respiratory Registrar ST7 & Medical Education Fellow at the Chelsea and Westminster Hospital NHS Foundation Trust or a similarly qualified medical professional that may be assigned this role from time to time.It is intended that the content of this app be used as a supportive resource only. The content should not be regarded or relied upon as a substitute for professional medical advice, diagnosis or treatment. Where you have any concern as regards your safety and wellbeing, you must seek medical advice from your doctor or another healthcare professional.It is intended that the content of this app be used as a supportive resource only. The content should not be regarded or relied upon as a substitute for professional medical advice, diagnosis or treatment. Where you have any concern as regards your safety and wellbeing, you must seek medical advice from your doctor or another healthcare professional.The contents of the App is reviewed quarterly and updated accordingly by Dr. Dhunnookchand, an approved panel of clinicians and service users to ensure that information given remains accurate, up-to-date and relevant for users. Despite these efforts to ensure the information provided is kept current and complete, we do not accept responsibility for possible errors or omissions. As such, any reliance on information in the App is at your own risk. Equally, there exists no relationship between Imagineear Ltd, Chelsea and Westminster Hospital NHS Foundation Trust, Dr. Dhunnookchand and users of the App that would give rise to any duties on our part.
3. Ownership Of Content
Imagineear Ltd and the Chelsea and Westminster Hospital NHS Foundation Trust are the joint owners or licensees of all right, title and interest in and to the App and content that may be accessed through the App, including without limitation all intellectual property rights therein and thereto. They are protected by international copyright law and treaties. All such rights are reserved.
4. Use Of Content
You may not use the App, and will not allow any third party to use the App:4.1 For the purpose of harming or attempting to harm minors in any way;4.2 To knowingly transmit any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;4.3 To transmit, or procure the sending of, any inappropriate or offensive materials or any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);4.4 In any way that could damage, disable, overburden, or impair the App;
4.5 Or any part of the content in the App for commercial purposes without obtaining a licence to do so from us or our licensors;4.6 To access, copy, transfer, transcode or retransmit content in violation of any law or third party rights; or4.7 In any way that breaches any applicable local, national or international law or regulation or is fraudulent or has any unlawful or fraudulent purpose or effect.4.8 To copy, emulate, clone, rent, lease, sell, modify, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the App or content that may be presented or accessed through the App in contravention of the provisions of these Terms of Use for any purpose, unless otherwise permitted;4.9 In any way that intentionally circumvents or defeats the security or content usage rules provided, deployed or enforced by any functionality contained in the App; or4.10 In any way that removes, obscures, or alters Imagineear Ltd’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the App.
5. Suspension And Termination
Should we decide that you have breached the Terms of Use contained in this agreement, we exclude liability for such a breach, and reserve the right to:5.1 Restrict your right to use the App through an immediate suspension;5.2 Issue a formal warning;5.3 Begin legal proceedings and supply all information deemed necessary to the relevant law enforcement authorities; or5.4 Take any other reasonably appropriate course of action.
6. Indemnity
To the maximum extent permitted by law, you agree to indemnify Imagineear Ltd, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or accruing from your use of the App, including your downloading, installation, or use of the App, or your violation of these Terms of Use.
7. Limitation Of Liability
To the maximum extent permitted by law, Imagineear Ltd and its affiliates are not liable to you under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages, whether in contract, tort (negligence), breach of statutory duty, or otherwise, that may be incurred by you through your use of the App, even if foreseeable, arising under or in connection with use of, or inability to use, the App; or use of, or reliance on any content displayed on the App.Thus, by using the App, you assume full responsibility for using the materials and information contained therein and you understand that neither Imagineear Ltd nor its affiliates are responsible or liable for any claim, loss, damage (for example caused by a virus or other technologically harmful material that may infect your computer equipment), costs or expenses resulting from its use.We accept no responsibility for the content of third party websites, named agencies, companies, products, services or publications linked within the App. These links are not to be construed as a recommendation or endorsement by Imagineear Ltd or the Chelsea and Westminster Hospital NHS Foundation Trust and we are not liable for any loss or damage caused through your use of them.
8. Changes
These Terms of Use are effective as of the date stated at the beginning of this document.Imagineear Ltd reserves the right to add, change, suspend or remove aspects of these Terms of Use or the App itself without notice or liability. If you continue to use our App, it will be assumed that you have understood and accepted these changes. It is therefore important that you regularly review these Terms of Use and note the changes made.If, at any point, you do not agree to any portion of the current version of the Terms of Use, you must immediately stop using the App.
9. Termination
These Terms of Use will continue to apply until terminated by either you or us. You may terminate these Terms of Use at any time by permanently deleting the App from your device using the standard uninstall procedure.Your rights automatically and immediately terminate without notice if you fail to comply with any provision of these Terms of Use. In such event, you must delete the App immediately.
10. Miscellaneous
10.1 These Terms of Use constitute the entire Agreement between you and us relating to the App and govern your use of the App, and completely replace any prior or contemporaneous agreements between you and us regarding the App.10.2 The failure of Imagineear Ltd to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision, which will still be available to us.10.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.10.4 The rights granted in these Terms of Use may not be assigned or transferred by either you or us without the prior written approval of the other Party. Neither you nor we are permitted to delegate your nor our responsibilities or obligations under these Terms of Use without the prior written approval of the other Party.10.5 These Terms of Use and any disputes arising out of them shall be governed by English law with the courts of England and Wales having exclusive jurisdiction to resolve any legal matter arising from them.
11. Contact
Questions and comments on these Terms of Use are welcomed and should be addressed to the Legal Department, by email at legaldepartment@imagineear.com, by phone at: 020 3954 351, or by post to:Legal Department Imagineear LtdThe Compton RoomsFulham PalaceLondon SW6 6EAUnited Kingdom
