Terms
Doc Abode Mobile Application Terms and Conditions
1. Terms & Conditions
1.1. Please read these Terms and Conditions ("Terms") carefully.
1.2. If you do not agree to these Terms, this will prevent you from registering.
2. Who we are & what these Terms cover
2.1. We are Doc Abode Ltd of Suite 12 Jason House Kerry Hill, Horsforth, Leeds, West Yorkshire, England, LS18 4JR, company number 10158487.
2.2. If you accept these Terms and provided your application is verified as referred to in clause 5 below, we will grant you a license to use the Doc Abode mobile software application ("App").
2.3. The App provides an administrative platform on behalf of Health Care Providers to facilitate the notification, arranging and completion of home visits for NHS patients. We provide no other role or service in connection with home visits.
3. Operating system requirements
3.1. The App requires an Android phone with the Lollipop version of Android or higher, or an iPhone with iOS version 11.0 or higher.
4. Support for the App and how to tell us about problems
4.1. Support. If you want to learn more about the App or have any problems using the App please take a look at our support resources at www.docabode.com
4.2. Contacting us (including complaints). If you think the App is faulty or mis-described or wish to contact us for any other reason please email our customer service team at info@docabode.com or call us on 0113 331 4499.
4.3. How we will communicate with you. If we have to contact you we will do so by e-mail, by SMS or by pre-paid post, using the contact details you have provided to us.
5. Verification & status
5.1. If you accept these Terms, your registration will be processed by us and we will liaise with the Health Care Provider stated in your application to check that you are accredited with them. If the Health Care Provider verifies your accreditation, you will be notified, and you will then be provided with full access to the App which you may use in accordance with these Terms. If you are not verified, you will not be granted with access to the App. Without verification through a Health Care Provider you do not have permission to use the App unless you have received express permission from us.
5.2. Health care services that you provide for home visits facilitated by the App are as defined in your agreement with the applicable Health Care Provider, e.g. as an independent contractor. Nothing in your use of the App shall be construed or have the effect of giving rise to a relationship of employer and employee or worker, contractor or otherwise between us and you.
5.3. The App will provide information on a daily basis to the relevant Health Care Provider on what you should be paid for home visits completed through the App. We take no responsibility for or accept any liability for the payment of any fees owed to you for home visits completed through the App. Each accepted home visit constitutes a contract between you and the relevant Health Care Provider in accordance with the applicable terms and conditions in place between you both covering your appointment to carry out patient home visits. You will be subject to arranging your own tax, pension and any other financial and regulatory matters for any fees earned by you arising from home visits completed via the App.
6. How you may use the App
6.1. You may download a copy of the App onto a maximum of two mobile phones, either Android or iPhone and view, use and display the App on such devices for your own professional, business purposes only.
6.2. As a verified individual under clause 5, you are the only person permitted to use the App. You may not transfer the App to another person under any circumstances. If you sell or otherwise cease to own/control any device on which the App is installed, you must remove the App from it beforehand.
6.3. You must ensure access to your device(s) is secured through the use of a security password, pin code or other biometric security features such as fingerprint or facial recognition (or future equivalent) through the normal mechanism of the device.
6.4. You must not share or divulge your personal security credentials to anyone (password, PIN, 2nd factor codes or any other biometric access data). You will never be asked by us for this information.
6.5. You are responsible for ensuring the physical security of your device and you must notify us as soon as is practical should the device be suspected or confirmed lost or stolen or otherwise compromised.
6.6. You are responsible for maintaining the security of your email account and text messages.
6.7. You are responsible for selecting and ensuring your device(s) has the correct settings relevant to your use of the App – e.g. Health Care Provider, drive time, availability, and any other preferences you choose.
6.8. You are responsible for familiarising yourself with the functionality and operation of the App and any relevant training materials provided by us or your Health Care Provider.
6.9. You may not use techniques such as jailbreaking, rooting or any other methods which may compromise the built-in security of your device(s) operating system.
6.10. You may not allow any unauthorised or unknown individuals access to your device(s) for the purpose of accessing the App.
6.11. You must ensure your device(s) are never left in an unlocked condition or unattended.
6.12. You must never leave your device(s) logged into the App and unattended.
6.13. You must comply with best practices and take practical measures to protect against phishing attacks or other forms of social engineering designed to reveal security credentials or other sensitive data that could compromise the App and/or your use of the App.
6.14. You must maintain security of all other devices on your network, through the use of firewalls, virus scanning, etc.
6.15. You may not take screenshots, photos or otherwise copy data from within the App.
6.16. You must avoid using your device(s) on unsecured public Wi-Fi networks without the protection of a VPN.
6.17. You may only use the App within the United Kingdom and only when you are legitimately intending to use the App.
6.18. You must not leave your device(s) unlocked or logged in to the App in a situation where any unauthorised use whether accidental or intentional could result in the use of the App by anyone not authorised to access the App.
6.19. You must ensure you comply with and install any updates to the App and/or new versions of the App as soon as possible after receiving notification that an update/new version is available.
7. Changes to these Terms
7.1. We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
7.2. We will give you notice of any change by sending you an email with details of the change.
7.3. Your use of the App following us sending you details of a change to these Terms will signify your acceptance to the change. If you do not wish to accept the change you must discontinue using the App and must uninstall the App.
8. Updates to the App
8.1. From time to time, we may automatically update the App to improve performance, enhance functionality, address security issues or make such other changes as we consider appropriate.
8.2. If you opt out of automatic updates you may not be able to continue using the App as failure to implement updates may affect important functionality within the App.
9. If someone else owns the phone or device you are using
9.1. You may only download the App onto a phone or other device owned by you or one which is provided to you by a Health Care Provider specifically for this purpose. You will be responsible for complying with these Terms whether or not you own the phone or other device.
10. We may collect technical data about your device
10.1. By using the App, you agree to us collecting and using technical information, in accordance with our privacy policy, about the device(s) you use the App on and related software, hardware and peripherals to improve the App and the services you receive.
11. We collect location data
11.1. The App will make use of location data sent from your device. Whilst you are using the App you should ensure location services are turned on as failure to have this service enabled will significantly impair how the App functions particularly with regard to identifying your location, that of the relevant patient and the estimated journey time to the patient’s location. Failure to enable location services on your device and any subsequent consequences will be your sole responsibility.
11.2. If you use the App, you consent to us and our affiliates', our licensees' and relevant Health Care Providers transmitting, collecting, retaining, processing and using your location data to provide and improve location-based functionality within the App in accordance with our privacy policy.
12. We are not responsible for other websites or services you link to
12.1. The App may contain links or provide access to other independent websites and/or services which are not provided by us, for example, websites and services provided by a Health Care Provider ("Third Party Site").
12.2. Third Party Sites are not under our control. We are not responsible for and have not checked and approved the content or the privacy policies (if any) applicable to any Third Party Site.
12.3. You will need to make your own independent judgement about whether to use any Third Party Site.
13. App licence restrictions
13.1. You agree that you will:
13.1.1. not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any other person;
13.1.2. not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
13.1.3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms;
13.1.4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App 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:
13.1.4.1. is not disclosed or communicated to any third party without our prior written consent;
13.1.4.2. is not used to create any software or service that is substantially similar in its form, content and/or expression to the App;
13.1.4.3. is kept secure; and
13.1.4.4. is used only for the Permitted Objective; and
13.1.5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
14. Acceptable use restrictions
14.1. You must:
14.1.1. not use the App 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;
14.1.2. not infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not permitted by these Terms);
14.1.3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
14.1.4. not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users' use of the App;
14.1.5. not collect or harvest any information or data from the App except such data as you are permitted to collect by a Health Care Provider or attempt to decipher any transmissions to or from the servers running the App;
14.1.6. not provide access to the App to any third party whatsoever for the purpose of investigating, assessing or otherwise viewing the functionality of the App.
15. Intellectual property rights
15.1. All intellectual property rights in the App and any materials or other content available through the App belong to us, our licensors or relevant Health Care Providers. Your rights in the App are licensed to you - they are not sold to you. You have no intellectual property rights in, or to, or rights to use the App and any materials or other content available through the App other than as permitted in these Terms.
16. Our responsibility for loss or damage suffered by you
16.1. We exclude all implied conditions, warranties, representations or other terms that may apply to the App and your use of the App.
16.2. 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:
16.2.1. use of, or inability to use, the App; or
16.2.2. use of, reliance upon or errors in any content displayed on or provided through our App, including without limitation any content provided by a Health Care Provider to you or any matters relating to the relationship between you and a Health Care Provider.
16.3. In particular, we will not be liable for losses arising from the following:
16.3.1. loss of profits, sales, business, or revenue;
16.3.2. business interruption;
16.3.3. loss of data;
16.3.4. loss of anticipated savings;
16.3.5. loss of business opportunity, goodwill or reputation; or
16.3.6. any indirect or consequential loss or damage.
16.4. Except as stated in these Terms, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. If we are responsible for loss or damage under this clause 16.4, the maximum amount that we will be liable to you for in aggregate under these Terms is £250,000.
16.5. 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 your negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
16.6. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.16.7. Limitations to the App.
16.7.1. We make no representations, warranties or guarantees, whether express or implied, that any information provided to you through the App by a Health Care Provider is accurate, complete or up to date.
16.7.2. We are not liable for any failure in your device’s connection to the Internet or Wi-Fi services or for the quality or availability of any form of digital connectivity or signal.
16.7.3. Drive times are estimates and are provided through a third party (Google Maps). We take no responsibility and accept no liability if drive times vary once a home visit has been accepted as these may fluctuate according to local traffic.
16.8. We are not responsible for events outside our control. If our provision of the App 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 such an event.
17. How your rights to use the App may end
17.1. We may end your rights to use the App at any time by contacting you if you have broken these Terms. If what you have done can be put right we will give you a reasonable opportunity to do so.
17.2. If we end your rights to use the App:
17.2.1. you must stop all activities authorised by these Terms, including your use of the App;
17.2.2. 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; and
17.2.3. we will disable your access to the App and you will no longer be able use the App.
17.3. We may also end your rights to use the App by contacting you to inform you that this will happen, but we will give you 5 days' notice if we choose to do this.
18. Your privacy
18.1. Under data protection legislation, we are required to provide you with certain information about: who we are; how we process your personal data and for what purposes; your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice and it is important that you read that information which can be found at https://docabode.com/privacy-policy/
18.2. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. All transmissions through the App are encrypted and are as secure as current industry standards allow.
19. Other important terms
19.1. You are expected to use the App at all times in conjunction with policies currently in force and set out by the applicable Health Care Provider. Examples of what such policies contain may include the following – but these are all matters that will be solely agreed between you and the relevant Health Care Provider within your relevant contract with the Health Care Provider:
19.1.1. A requirement for you to undertake a home care visit within a reasonable timeframe if you have accepted the home visit via the App. If you subsequently cannot attend the home visit for any reason, then you should ‘abort’ the home visit in the App and confirm verbally and by other agreed methods with the Health Care Provider that the visit has been aborted.
19.1.2. Should you cease to be eligible to practice healthcare according to current regulations, you should notify your Health Care Provider immediately and your access to the App will be disabled.
19.1.3. You are obliged to follow regulations in relation to your total number of hours of clinical practice you are permitted to undertake which includes the number of hours you have worked for your Health Care Provider using the App.
19.1.4. When using the App you are expected to comply with current good practice using standards, practices, methods and procedures defined by the applicable Health Care Provider and conforming to any applicable laws and reflecting up-to date published evidence and using that degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled, efficient and experienced health care professional.
19.1.5. You must update the relevant patient notes as soon as possible following the completion of a home visit directly into the appropriate Electronic Patient Record (EPR) as stipulated by the relevant Health Care Provider. This is essential to ensure your actions are correctly documented and recorded in the patient’s EPR.
19.1.6. You must complete all actions requested by the App in connection with a home visit, such as recording when you arrive at the patient's location, when you complete the home visit or when you aborted the home visit. Falsifying timings will be treated as a breach of these Terms and we will notify your Health Care Provider. This may result in you being suspended or permanently removed from using the App and may also have implications with regard to your relationship with the applicable Health Care Provider.
19.2. We may transfer our rights to someone else. We may transfer our rights and obligations under these Terms to another organisation.
19.3. You need our consent to transfer your rights to someone else. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
19.4. Nobody else has any rights under these Terms. These Terms are only between you and us. No other person shall have any rights to enforce any of these Terms.
19.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses within these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
19.6. Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to under these Terms, or if we delay in taking steps against you in respect of breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
19.7. Which laws apply to these Terms. These Terms are governed by English law and either of us can bring legal proceedings in respect of any claims under these Terms in the English courts.
1. Terms & Conditions
1.1. Please read these Terms and Conditions ("Terms") carefully.
1.2. If you do not agree to these Terms, this will prevent you from registering.
2. Who we are & what these Terms cover
2.1. We are Doc Abode Ltd of Suite 12 Jason House Kerry Hill, Horsforth, Leeds, West Yorkshire, England, LS18 4JR, company number 10158487.
2.2. If you accept these Terms and provided your application is verified as referred to in clause 5 below, we will grant you a license to use the Doc Abode mobile software application ("App").
2.3. The App provides an administrative platform on behalf of Health Care Providers to facilitate the notification, arranging and completion of home visits for NHS patients. We provide no other role or service in connection with home visits.
3. Operating system requirements
3.1. The App requires an Android phone with the Lollipop version of Android or higher, or an iPhone with iOS version 11.0 or higher.
4. Support for the App and how to tell us about problems
4.1. Support. If you want to learn more about the App or have any problems using the App please take a look at our support resources at www.docabode.com
4.2. Contacting us (including complaints). If you think the App is faulty or mis-described or wish to contact us for any other reason please email our customer service team at info@docabode.com or call us on 0113 331 4499.
4.3. How we will communicate with you. If we have to contact you we will do so by e-mail, by SMS or by pre-paid post, using the contact details you have provided to us.
5. Verification & status
5.1. If you accept these Terms, your registration will be processed by us and we will liaise with the Health Care Provider stated in your application to check that you are accredited with them. If the Health Care Provider verifies your accreditation, you will be notified, and you will then be provided with full access to the App which you may use in accordance with these Terms. If you are not verified, you will not be granted with access to the App. Without verification through a Health Care Provider you do not have permission to use the App unless you have received express permission from us.
5.2. Health care services that you provide for home visits facilitated by the App are as defined in your agreement with the applicable Health Care Provider, e.g. as an independent contractor. Nothing in your use of the App shall be construed or have the effect of giving rise to a relationship of employer and employee or worker, contractor or otherwise between us and you.
5.3. The App will provide information on a daily basis to the relevant Health Care Provider on what you should be paid for home visits completed through the App. We take no responsibility for or accept any liability for the payment of any fees owed to you for home visits completed through the App. Each accepted home visit constitutes a contract between you and the relevant Health Care Provider in accordance with the applicable terms and conditions in place between you both covering your appointment to carry out patient home visits. You will be subject to arranging your own tax, pension and any other financial and regulatory matters for any fees earned by you arising from home visits completed via the App.
6. How you may use the App
6.1. You may download a copy of the App onto a maximum of two mobile phones, either Android or iPhone and view, use and display the App on such devices for your own professional, business purposes only.
6.2. As a verified individual under clause 5, you are the only person permitted to use the App. You may not transfer the App to another person under any circumstances. If you sell or otherwise cease to own/control any device on which the App is installed, you must remove the App from it beforehand.
6.3. You must ensure access to your device(s) is secured through the use of a security password, pin code or other biometric security features such as fingerprint or facial recognition (or future equivalent) through the normal mechanism of the device.
6.4. You must not share or divulge your personal security credentials to anyone (password, PIN, 2nd factor codes or any other biometric access data). You will never be asked by us for this information.
6.5. You are responsible for ensuring the physical security of your device and you must notify us as soon as is practical should the device be suspected or confirmed lost or stolen or otherwise compromised.
6.6. You are responsible for maintaining the security of your email account and text messages.
6.7. You are responsible for selecting and ensuring your device(s) has the correct settings relevant to your use of the App – e.g. Health Care Provider, drive time, availability, and any other preferences you choose.
6.8. You are responsible for familiarising yourself with the functionality and operation of the App and any relevant training materials provided by us or your Health Care Provider.
6.9. You may not use techniques such as jailbreaking, rooting or any other methods which may compromise the built-in security of your device(s) operating system.
6.10. You may not allow any unauthorised or unknown individuals access to your device(s) for the purpose of accessing the App.
6.11. You must ensure your device(s) are never left in an unlocked condition or unattended.
6.12. You must never leave your device(s) logged into the App and unattended.
6.13. You must comply with best practices and take practical measures to protect against phishing attacks or other forms of social engineering designed to reveal security credentials or other sensitive data that could compromise the App and/or your use of the App.
6.14. You must maintain security of all other devices on your network, through the use of firewalls, virus scanning, etc.
6.15. You may not take screenshots, photos or otherwise copy data from within the App.
6.16. You must avoid using your device(s) on unsecured public Wi-Fi networks without the protection of a VPN.
6.17. You may only use the App within the United Kingdom and only when you are legitimately intending to use the App.
6.18. You must not leave your device(s) unlocked or logged in to the App in a situation where any unauthorised use whether accidental or intentional could result in the use of the App by anyone not authorised to access the App.
6.19. You must ensure you comply with and install any updates to the App and/or new versions of the App as soon as possible after receiving notification that an update/new version is available.
7. Changes to these Terms
7.1. We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
7.2. We will give you notice of any change by sending you an email with details of the change.
7.3. Your use of the App following us sending you details of a change to these Terms will signify your acceptance to the change. If you do not wish to accept the change you must discontinue using the App and must uninstall the App.
8. Updates to the App
8.1. From time to time, we may automatically update the App to improve performance, enhance functionality, address security issues or make such other changes as we consider appropriate.
8.2. If you opt out of automatic updates you may not be able to continue using the App as failure to implement updates may affect important functionality within the App.
9. If someone else owns the phone or device you are using
9.1. You may only download the App onto a phone or other device owned by you or one which is provided to you by a Health Care Provider specifically for this purpose. You will be responsible for complying with these Terms whether or not you own the phone or other device.
10. We may collect technical data about your device
10.1. By using the App, you agree to us collecting and using technical information, in accordance with our privacy policy, about the device(s) you use the App on and related software, hardware and peripherals to improve the App and the services you receive.
11. We collect location data
11.1. The App will make use of location data sent from your device. Whilst you are using the App you should ensure location services are turned on as failure to have this service enabled will significantly impair how the App functions particularly with regard to identifying your location, that of the relevant patient and the estimated journey time to the patient’s location. Failure to enable location services on your device and any subsequent consequences will be your sole responsibility.
11.2. If you use the App, you consent to us and our affiliates', our licensees' and relevant Health Care Providers transmitting, collecting, retaining, processing and using your location data to provide and improve location-based functionality within the App in accordance with our privacy policy.
12. We are not responsible for other websites or services you link to
12.1. The App may contain links or provide access to other independent websites and/or services which are not provided by us, for example, websites and services provided by a Health Care Provider ("Third Party Site").
12.2. Third Party Sites are not under our control. We are not responsible for and have not checked and approved the content or the privacy policies (if any) applicable to any Third Party Site.
12.3. You will need to make your own independent judgement about whether to use any Third Party Site.
13. App licence restrictions
13.1. You agree that you will:
13.1.1. not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any other person;
13.1.2. not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
13.1.3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms;
13.1.4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App 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:
13.1.4.1. is not disclosed or communicated to any third party without our prior written consent;
13.1.4.2. is not used to create any software or service that is substantially similar in its form, content and/or expression to the App;
13.1.4.3. is kept secure; and
13.1.4.4. is used only for the Permitted Objective; and
13.1.5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
14. Acceptable use restrictions
14.1. You must:
14.1.1. not use the App 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;
14.1.2. not infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not permitted by these Terms);
14.1.3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
14.1.4. not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users' use of the App;
14.1.5. not collect or harvest any information or data from the App except such data as you are permitted to collect by a Health Care Provider or attempt to decipher any transmissions to or from the servers running the App;
14.1.6. not provide access to the App to any third party whatsoever for the purpose of investigating, assessing or otherwise viewing the functionality of the App.
15. Intellectual property rights
15.1. All intellectual property rights in the App and any materials or other content available through the App belong to us, our licensors or relevant Health Care Providers. Your rights in the App are licensed to you - they are not sold to you. You have no intellectual property rights in, or to, or rights to use the App and any materials or other content available through the App other than as permitted in these Terms.
16. Our responsibility for loss or damage suffered by you
16.1. We exclude all implied conditions, warranties, representations or other terms that may apply to the App and your use of the App.
16.2. 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:
16.2.1. use of, or inability to use, the App; or
16.2.2. use of, reliance upon or errors in any content displayed on or provided through our App, including without limitation any content provided by a Health Care Provider to you or any matters relating to the relationship between you and a Health Care Provider.
16.3. In particular, we will not be liable for losses arising from the following:
16.3.1. loss of profits, sales, business, or revenue;
16.3.2. business interruption;
16.3.3. loss of data;
16.3.4. loss of anticipated savings;
16.3.5. loss of business opportunity, goodwill or reputation; or
16.3.6. any indirect or consequential loss or damage.
16.4. Except as stated in these Terms, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. If we are responsible for loss or damage under this clause 16.4, the maximum amount that we will be liable to you for in aggregate under these Terms is £250,000.
16.5. 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 your negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
16.6. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.16.7. Limitations to the App.
16.7.1. We make no representations, warranties or guarantees, whether express or implied, that any information provided to you through the App by a Health Care Provider is accurate, complete or up to date.
16.7.2. We are not liable for any failure in your device’s connection to the Internet or Wi-Fi services or for the quality or availability of any form of digital connectivity or signal.
16.7.3. Drive times are estimates and are provided through a third party (Google Maps). We take no responsibility and accept no liability if drive times vary once a home visit has been accepted as these may fluctuate according to local traffic.
16.8. We are not responsible for events outside our control. If our provision of the App 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 such an event.
17. How your rights to use the App may end
17.1. We may end your rights to use the App at any time by contacting you if you have broken these Terms. If what you have done can be put right we will give you a reasonable opportunity to do so.
17.2. If we end your rights to use the App:
17.2.1. you must stop all activities authorised by these Terms, including your use of the App;
17.2.2. 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; and
17.2.3. we will disable your access to the App and you will no longer be able use the App.
17.3. We may also end your rights to use the App by contacting you to inform you that this will happen, but we will give you 5 days' notice if we choose to do this.
18. Your privacy
18.1. Under data protection legislation, we are required to provide you with certain information about: who we are; how we process your personal data and for what purposes; your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice and it is important that you read that information which can be found at https://docabode.com/privacy-policy/
18.2. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. All transmissions through the App are encrypted and are as secure as current industry standards allow.
19. Other important terms
19.1. You are expected to use the App at all times in conjunction with policies currently in force and set out by the applicable Health Care Provider. Examples of what such policies contain may include the following – but these are all matters that will be solely agreed between you and the relevant Health Care Provider within your relevant contract with the Health Care Provider:
19.1.1. A requirement for you to undertake a home care visit within a reasonable timeframe if you have accepted the home visit via the App. If you subsequently cannot attend the home visit for any reason, then you should ‘abort’ the home visit in the App and confirm verbally and by other agreed methods with the Health Care Provider that the visit has been aborted.
19.1.2. Should you cease to be eligible to practice healthcare according to current regulations, you should notify your Health Care Provider immediately and your access to the App will be disabled.
19.1.3. You are obliged to follow regulations in relation to your total number of hours of clinical practice you are permitted to undertake which includes the number of hours you have worked for your Health Care Provider using the App.
19.1.4. When using the App you are expected to comply with current good practice using standards, practices, methods and procedures defined by the applicable Health Care Provider and conforming to any applicable laws and reflecting up-to date published evidence and using that degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled, efficient and experienced health care professional.
19.1.5. You must update the relevant patient notes as soon as possible following the completion of a home visit directly into the appropriate Electronic Patient Record (EPR) as stipulated by the relevant Health Care Provider. This is essential to ensure your actions are correctly documented and recorded in the patient’s EPR.
19.1.6. You must complete all actions requested by the App in connection with a home visit, such as recording when you arrive at the patient's location, when you complete the home visit or when you aborted the home visit. Falsifying timings will be treated as a breach of these Terms and we will notify your Health Care Provider. This may result in you being suspended or permanently removed from using the App and may also have implications with regard to your relationship with the applicable Health Care Provider.
19.2. We may transfer our rights to someone else. We may transfer our rights and obligations under these Terms to another organisation.
19.3. You need our consent to transfer your rights to someone else. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
19.4. Nobody else has any rights under these Terms. These Terms are only between you and us. No other person shall have any rights to enforce any of these Terms.
19.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses within these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
19.6. Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to under these Terms, or if we delay in taking steps against you in respect of breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
19.7. Which laws apply to these Terms. These Terms are governed by English law and either of us can bring legal proceedings in respect of any claims under these Terms in the English courts.