This End User Licence Agreement (EULA) sets out the terms of licence and use that apply to those applications for use on mobile devices (such as mobile phones, tablets and other devices), including any updates to those applications, and those electronic downloads (such as games, magazines, newspapers, e-books and other digital content publications) that we make available for download from the third party application store (respectively, Applications and Downloads).
These terms and conditions also apply to any of the services accessible through any Application, unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link.
The Applications and Downloads are provided by Dem DX Limited (we, us and our). We are a limited company, registered in England. Our registered company number is 09573122, and our registered office is at 7 Crane Grove, London, United Kingdom, N7 8LB. Our VAT registration number is 21107868.
BY DOWNLOADING, ACCESSING AND/OR USING ANY APPLICATION OR DOWNLOAD, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU (AND, IF RELEVANT, ANY ORGANISATION ON WHOSE BEHALF YOU ARE ACTING). IF YOU ARE ACTING ON BEHALF OF ANY ORGANISATION, YOU CONFIRM THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THAT ORGANISATION. IF YOU (OR, IF RELEVANT, YOUR ORGANISATION) DO NOT AGREE TO ALL OF THESE TERMS (OR IF YOU DO NOT HAVE THE RIGHT TO BIND YOUR ORGANISATION), YOU ARE NOT PERMITTED TO ACCESS OR USE ANY APPLICATION OR DOWNLOAD, AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT PROCEED FURTHER.
In this EULA, unless the context otherwise requires, all further references to you (and your, etc) means both you as an individual user and also the organisation on whose behalf you are acting (if any). We reserve the right to change the terms of this EULA from time to time by changing them and notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the Application or download a new Download. These terms and conditions were last updated on 9th February 2016.
What we do
The Application is a clinical support tool to be used by suitably qualified medical professionals as a learning aid in conjunction with your medical training, clinical skills, experience and knowledge.
DISCLAIMER - PLEASE READ
The Application and any Downloads must be used by suitably qualified medical professionals only. The Application and Downloads are intended as a support tool and learning aid only and are not a substitute for the clinical skills and judgement of a qualified medical professional. By downloading and using this Application and any Downloads, you confirm that you are a suitably qualified and appropriately trained medical professional.
We, the Application and the Download do not provide professional advice or medical services of any kind. The Application and any Downloads should not be relied on for accuracy of diagnosis or to determine any form of treatment for patients.
We provide no guarantee as to the accuracy of any content used or any information provided in the Application and any Download including but not limited to medical text, images, diagrams and/or clinical calculators. We do not warrant or guarantee that the information provided by the Application and Downloads will be error-free or accurate in any way.
The Application and Downloads is not a complete or comprehensive diagnostic tool. It is your sole responsibility to make your own clinical decisions. You are solely responsible for the care and outcomes of your patients.
The Application and Downloads can be used offline however this may limit accuracy and may not include information updates.
Access to the Applications and Downloads
Applications and Downloads may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the Application or Download concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download any Application or Download you wish to download and to access and use each downloaded Application and Download.
You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download an Application or Download to that device. You accept responsibility, in accordance with this EULA, for all access to, and use of, any Application or Download by you on any device, whether or not it is owned by you.
You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, any Application or Download may charge for internet access (including mobile data usage) on that device.
We may, from time to time, restrict download of an Application or access to certain features, functions or content of, or services accessible through, a downloaded Application or Download to users who have registered with us. You are not obliged to register with us, but if you do not do so, you will be unable to use the applicable features, functions or content of, or access the applicable services through, the relevant downloaded Application or Download (as the case may be). You must ensure that any registration details you provide are accurate.
If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using any Application or Download, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of this EULA or if any details you provide for the purposes of registering as a user prove to be false.
We cannot and do not guarantee the continuous, uninterrupted or error-free operability of any Application or Download or that any Application or Download will respond at a certain speed (since this depends on a number of factors outside our control).
Paid-for Applications, Downloads, and in-App purchases
The downloading of paid-for Applications (or upgrades), Downloads and optional “in-App” purchases (which may be available from time to time) will require you to pay a fee, the amount of which will be as set out either on the third party application store from which you download the relevant Application (or upgrade) or Download or, in the case of "in-App" purchases, within the relevant Application (as the case may be).
Where you pay to download any paid-for Application (or upgrade), Download or in-App purchase, we warrant that it will substantially comply with the description provided by us at the point of download and that any services we provide through it will be provided with reasonable care and skill.
What you are allowed to do
You may only use any Application or Download, if you are a business user, for the internal business purposes of your organisation, and only in accordance with this EULA (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, that Application or Download) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.
Subject to the following sections, you may retrieve and display content from any Application or Download on a computer or mobile device and store that Application or Download in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of any Application or Download and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in this EULA, you are not allowed to:
All rights granted to you under this EULA will terminate immediately in the event that you are in breach of any of them.
To do anything with any Application or Download that is not expressly permitted by this EULA, you will need a separate licence from us. Please contact us, using the Contacting us details at the end of this EULA.
Third party platform providers and application stores
Certain third party platform providers with whose devices and/or operating systems the Applications and Downloads have been designed to be compatible oblige us to include certain additional provisions in this EULA. These are set out at the end of this EULA under Additional third party terms. These provisions come from the relevant third party platform providers, not us.
Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download any Application or Download. We are not responsible for these stores or (with the exception of the Applications and Downloads) for anything provided by them and do not guarantee that they will be continuously available.
Intellectual property rights
We license, but do not sell, to you any Application or Download you download. We remain the owners of all Applications and Downloads at all times.
All intellectual property rights in the Applications and Downloads and in any content of any Application or Download (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), other than User Content, are owned by us or our licensors. Except as expressly set out here, nothing in this EULA gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading any Application or Download or any content from any Application or Download.
Functionality and content
You agree that downloading, accessing and use of any Application or Download that is made available for download free of charge are on an 'as is' and 'as available' basis and at your sole risk.
We reserve the right to change the design, features and/or functionality of any Application or Download by making the updated Application or Download available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated Application, but we may cease to provide and/or update content to prior versions of Applications and, depending on the nature of the update, in some circumstances you may not be able to continue using an Application until you have downloaded the updated version.
Where an Application makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to any Application, with or without notice to you, if we need to do so for security, legal or, unless that content is part of a subscription you have paid for, any other reasons.
Whilst we try to make sure that content made available by any Application or Download consisting of information of which we are the source is correct, you acknowledge that certain Applications and Downloads may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by any Application or Download is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Except as expressly set out in this EULA, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of any Application or Download and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of any Application or Download.
We cannot and do not guarantee that any Application or Download or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of any Application or Download and its content.
Your personal information
Use of your personal information submitted to us (whether via any Application) is governed by our Privacy and Cookies Policy. Additionally, by using any Application, you acknowledge that internet transmissions are never completely private or secure and that it is always possible that any message or information you send using any Application may be read or intercepted by others.
The Application allows you to submit user-generated content in the form of personalised notes, bookmarks to interesting pages you may want to refer back to, photos of pathologies to add to our extensive image collection (User Content). We do not control User Content submitted. You are solely responsible for User Content as submitted by you and acknowledge that all User Content expresses the views of its respective authors, and not our views.
If you submit any User Content, you must:
Whilst we do not pre-screen User Content, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you and/or to close any discussion topic, at any time without notice to you.
Certain Applications and Downloads may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Nothing in this EULA shall limit or exclude our liability to you:
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under this EULA.
All notices given by you to us must be given in writing to the address set out at the end of this EULA.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of this EULA is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on the terms of this EULA may be concluded in the English language only and that no public filing requirements apply.
These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or any Application will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
Please submit any questions you have about this EULA or any problems concerning any Application or Download by email to firstname.lastname@example.org
Additional terms from third party platform providers
If any Application or Download that you download, access and/or use runs on Apple’s iOS operating system:
• that Application or Download may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
• you acknowledge and agree that:
•you represent and warrant that:
• if that Application or Download does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of that Application or Download (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to that Application or Download and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to that Application or Download or as a result of you or anyone else using that Application or Download or relying on any of its content.
Information we collect and/or process about third parties
We may, from time to time collect and/or process the following information, which you provide to us, about third parties:
where we run referral programmes or similar initiatives, such as a “Tell a Colleague” programme, in which we invite you to provide us with the contact details of someone who is known to you who may find our services to be of interest. We will only use those contact details for the purpose of the relevant initiative (and not for general marketing purposes);
where you elect to send a summary page of App or Site content to someone you know, whether by email, social media or otherwise. We only process this information and do not collect email addresses when you send a summary page in this way.
By providing us with their details, you confirm that you have their permission to do so and must not provide us with the details of anyone from whom you do not have such permission. We reserve the right to identify you as the person who has made the referral in the message that is sent to them.
Automatic collection of information
When you visit the Site or access or use any App, we may automatically collect additional information about you, such as the type of internet browser or mobile device you use, any website from which you have come to the Site and your IP address (the unique address which identifies your computer or mobile device on the internet) and your operating system, which are automatically recognised by our web server. We may use this information to assess your interaction with the Site or App in order to allow us to make improvements.
We use Google Analytics to:
remember that you have visited us before; this means we can identify the number of unique visitors we receive. This allows us to make sure we have enough capacity for the number of users that we get;
customise elements of the promotional layout and/or content of the pages of the Site or App;
collect anonymous statistical information about how you use the Site or App (including how long you spend on the Site or App) and where you have come to the Site or App from, so that we can improve the Site and learn which parts of the Site and which functions of the App are most popular with users; and
gather information about the pages on the Site that you visit or the functions of the App you use, so twe can provide you with a better service”.
Uses made of your information
We will use the information you provide to:
enable us to provide you with the services and information offered through the Site or App and which you request;
send you information about updates, events and to invite you to participate in product testing;
administer your account with us;
audit the downloading of data from the Site or App;
improve the layout and/or content of the pages of the Site or App and customise them for users;
identify visitors to the Site or App;
carry out research on our users’ demographics; and
send you information we think you may find useful or which you have requested from us, relating to our products and services.
We may disclose aggregate statistics about visitors to the Site, survey respondents and users of the Apps in order to describe and provide services to prospective partners, research publications, Institutions, advertisers, sponsors and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
Where you access our Services via a third party and you have given consent for that third party to track your use of the Services as part of your access and use of the third party's portal, we may share our tracking data with the third party in accordance with any agreement we have in place with them .
Disclosure of your information
Affiliates. We may disclose your personal information to any of our affiliates, or to our agents or contractors who assist us in providing the services we offer through the Site or any App, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services or in other tasks, from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions.
Third party purchaser. In the event that we undergo re-organisation or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organised entity or third party.
Legal basis for processing
General. Except in relation to direct marketing and surveys, we process all personal data in order to perform the contract for services entered into with you under our End User Licence Agreement.
Marketing. We will only contact you (via email) where you have downloaded our App or otherwise signed up to use our Services. These communications will relate to the Services which you have signed up to use. You can stop these communications by contacting us here: email@example.com. You will only receive push notifications where you click "Allow" when first using the App, but these can be turned off by adjusting your settings Any ancillary processing required to conduct the marketing, such as profiling, is carried out for the interest of improving the user experience.
Location Information and Other Information from Devices
When signing up to use our Services you have the option to select your location using the location feature of your device or by entering your location manually. We may use this information in order identify geographic trends.
Protecting the safety of children when they use the Internet is very important to us. The Site and the App are only intended for use by individuals who are 18 years of age or older. Please see the EULA for more information.
The Site and Apps may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.
We place great importance on the security of all personally identifiable information associated with our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.
You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the Site or any App whilst it is in transit over the internet and any such submission is at your own risk.
It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information if you use a shared computer or a computer in a public place.
Storage of your information
When we delete your information
We may keep any content which you have uploaded via the Site or App which does not constitute personal data indefinitely under the perpetual licence described in the EULA.
If you no longer require our services then we will delete your information within 30 days from the date you close your account.
We will retain some limited information if it is required for auditing purposes which may include IP addresses and user login information but we will never retain any financial information.
Methods of communication
Access to your information
The Data Protection Laws give you the right to access information held about you. Your right of access can be exercised in accordance with the Data Protection Laws by contacting us at firstname.lastname@example.org.
Right to request your information is deleted or updated
If we no longer have a legal basis to process your personal data or if the legal basis that we are relying on is consent and you subsequently withdraw your consent then we will stop processing your personal data.
To the extent that you no longer wish to be contacted by us we will need to maintain a record of that to ensure that we do not contact you again in the future.
You are responsible for ensuring that any third party request to be forgotten is applied to any third party personal data that you send to us, we will provide you with reasonable assistance in complying with your obligations as data controller under the applicable Data Protection Laws in relation to any third party requests to be forgotten.
If you believe any of your personal data that we process is inaccurate you are entitled to contact us to correct any inaccuracies at [email@example.com] and we will correct such inaccuracies.