These Terms and Conditions, together with our Privacy Policy and Cookie Policy, govern your (“your” and “you” refer to you and any person for whom a registered account has been created by you, or who uses the site on your behalf) use of the Healthbit website (the “Website”) and our related mobile application (comprising software, data and media) (the “App”) and your relationship with Healthbit Ltd (“Healthbit”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law.

Healthbit Ltd is registered in England and Wales with company number 07598677 and has its registered office at Kajaine House, 56-67 High Street, Edgeware, Middlesex, HA8 7DD, United Kingdom.

References in these Terms and Conditions to the “Site” mean, together, the Website, the App and all related content, media and underlying software and technology, including any future updates to any of them.

By downloading the App or using the Site you agree to these terms and conditions which will bind you.

This Site is for personal use by individuals.  Companies or businesses should not use the Site without permission. References to these Terms and Conditions include our Privacy Policy.

If you do not agree to these Terms and Conditions, please do not register for or use the Site or download the App and we will not license the Site to you and if you have started downloading the App you must stop that process now.

If you have any questions about these Terms and Conditions, please contact us.

Summary

We offer a free service for users to track and share health experiences with other users of this Site in order that they can understand more about their health, lifestyle and any relevant conditions.

We do not provide medical advice. You must always seek professional medical advice.  In an emergency, always telephone the emergency services.

Your right to use the Site

The Site is provided to you for your personal use subject to these Terms and Conditions and, in the case of the App, subject to any rules or policies applied by any appstore provider or operator from whose site you downloaded the App (“Appstore Rules“).

Subject to you abiding by these Terms and Conditions, we grant you a non-transferable, non-exclusive right to use the Site on your computer or mobile or handheld device, subject to these terms, the Privacy Policy and the Appstore Rules. We reserve all other rights. You may download a copy of the App onto your device and view, use and display the App on your device for your personal purposes only.

You agree:

• not to copy the Site except where such copying is incidental to normal use of the Site, or where it is necessary for the purpose of back-up;

• not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Site;

• not to make alterations to, or modifications of, the whole or any part of the Site, or permit the Site or any part of it to be combined with, or become incorporated in, any other programs;

• not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Site or attempt to do any such thing.

From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.

You will be assumed to have obtained permission from the owners of any mobile or handheld devices that are controlled, but not owned, by you and to download a copy of the App onto those devices. You and they may be charged by your and their service providers for internet access on the devices. You accept responsibility in accordance with these Terms and Conditions for the use of the App on or in relation to any relevant device you use or control, whether or not it is owned by you.

Registration

To register on the Site you must be over 16 years of age.

You may opt to register using your existing log-in details from trusted identity providers, such as Google, Facebook, Twitter and others, using an existing registration that you may have.  This will simplify the registration process, but there will still be some additional details for you to complete.

You must ensure that the details provided by you on registration (including details obtained indirectly about you through your chosen identity provider, if applicable) or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.

Password and security

When you register to use the Site and do not use login details from an existing identity provider, you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us immediately through our contact us.  We will not be responsible for any loss or misuse of your password, unless caused by us. You should also not share the login details for any identity provider that you use, since this information could be used to access your account on this Site.

If we have reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.

Your use of the Site

You are responsible for the content you place on the Site.  Please ensure that it is accurate and correct at all times. You may not do any of the following when using the Site (“Prohibited Activities”):

• disseminate any unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;

• transmit material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;

• interfere with any other person’s use or enjoyment of the Site;

• assume the identity of another person;

• attempt clinically to diagnose yourself;

• disseminate identifiable personal data through the Site, for instance typing your telephone number into public comments;

• make, transmit or store electronic copies of materials protected by copyright without the permission of the owner;

• infringe our or any third party’s intellectual property rights;

• prescribe treatments to other users; or

• carry on any commercial or business activity, including the sale or promotion of any products.

You will be responsible for our losses and costs resulting from your use of the Site for any of the Prohibited Activities.  We may immediately suspend or terminate your account and use of the Site if you do (or we believe that you have done) any of the Prohibited Activities.

Availability of the Site

Although we aim to offer you an excellent service, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the Site will be fault-free. If a fault occurs in the Site you should report it using our feedback form on the Site and we will attempt to correct the fault.

Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore access to the Site quickly.

Healthbit’s right to suspend or cancel your account

We may suspend or cancel your account and our agreement with you (made under these Terms and Conditions) immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel your account at any time by informing us by visiting ‘Privacy Compliance’ and disabling your account.

If we or you cancel your account and/or your agreement with us, all your rights under these Terms and Conditions will cease, you must stop using the Site and you must immediately delete or remove the App from all your devices.

Please refer to the Privacy Policy for details of how data that you have entered into the Site will be treated upon cancellation of your account.

The suspension or cancellation of your account and our agreement and your right to use the Site shall not affect your or our statutory rights or liabilities.

Privacy and use of cookies

Please see our Privacy Policy and Cookie Policy for details of how we use the personal information that you provide to us and how the Site uses cookies.

Site Information

Any content on the Site is provided for information only. We are not providing medical advice or medical services.

This information is not intended as a substitute for informed medical advice from a healthcare professional. You should not use any information on the Site to diagnose or treat a health problem or disease without consulting with a qualified healthcare professional.

We do not endorse any treatments or medications described, mentioned or discussed anywhere on the Site. Before acting on any information contained on the Site, you agree that you will consult your healthcare provider to determine whether the information you are relying on is appropriate for your medical conditions.

Although we make reasonable efforts to update the information on our Site, we and our relevant staff, partners and sub-contractors makes no warranties or representations of any kind as to the accuracy, completeness, reliability, operability, or legality of any of the information or opinions contained or expressed within the Site and we and they are not responsible or liable for any errors or omissions in such information or for the results of any use of such information.

You are encouraged to consult other sources to confirm the information contained in on the Site.

If an error or inaccuracy in any information on the Site is brought to our attention, we will make a reasonable effort to correct or delete it if doing so is within our reasonable control. Please contact us if you wish to report any such error or inaccuracy.

The Site also provides a platform for dialogue between users.  We do not review or control the information made available by users on the Site.  No content on the Site should be taken to be advice by us or to reflect our views or opinions.

Healthbit’s liability

You acknowledge that the Site has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Site meet your requirements.

You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Except as set out in the following paragraph, the Site is provided “as is” and we shall have no liability to your whatsoever in respect of these Terms and Conditions or your use of the Site, whether in contract, tort (including negligence) or otherwise.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and liability for fraud or fraudulent misrepresentation.

The limits on our liability in these Terms and Conditions also apply to, and limit the liability of, each of our partners and sub-contractors (and their staff) who work for us in relation to the Site and each of them shall be entitled to rely upon and enforce those limits as if they were party to these Terms and Conditions.

News and other Third Party Websites

The Site includes links to news material, other websites and resources. These links are provided for your information only and we have no control over such sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them and we accept no liability for them.

My Health and Trends

The “My Health”, “Charts” and “Trends” parts of the Site provide graphical representations of, and statements about, the data that you and/or other users have input to the Site.  These graphics and statements are dynamically, automatically generated from the underlying data.  We hope that you find them helpful, but we do not provide any analysis or advice about what the graphics or statements may mean or indicate, nor should the graphics or statements ever be taken as analysis or advice in themselves. It is up to you, together with your healthcare professional, to interpret the graphics and statements as you see fit.

 

 

Assistance tools/reminders

The Site contains a variety of assistance tools.  One example assistance tool that we may introduce would be the ability to set a timed SMS reminder to take certain medication.  While we hope you find them helpful, such assistance tools are provided by us by way of additional or back-up assistance only – to continue the example of a timed SMS reminder, you should also have another system or process for remembering to take your medication.  You must not rely on the assistance tools for assistance with any aspect of your treatment.  You and your Healthcare Professional and/or Carer remain solely responsible for all aspects of your treatment, irrespective of any use of our assistance tools.

Adverse Drug Reaction reporting

The Site provides various ways of sharing feedback about side-effects from drugs that you may experience.  However, we would also recommend that you notify the relevant authority in your country of any adverse drug reactions (in the UK, users should notify the MHRA via the Yellow Card scheme:

http://www.mhra.gov.uk/Safetyinformation/Reportingsafetyproblems/Reportingsuspectedadversedrugreactions/index.htm).

Funding of the Site

In order to fund this Site and continue to improve it for our users, we work with carefully selected research partners. These partners may include patient charities, healthcare bodies, hospitals, academic bodies, pharmaceutical and other research organisations. The results of this research may be shared with users from time to time.  For further detail on the use of your data, please refer to our Privacy Policy.

Intellectual property

The Site is protected by copyright, trade marks, database right and other intellectual property rights. You acknowledge that all intellectual property rights in the Site anywhere in the world belong to us or our licensors, that rights in the Site are licensed (not sold) to you, and that you have no rights in, or to, the Site other than the right to use it in accordance with these Terms and Conditions.

You may retrieve and display the content of the Site on a computer screen or a mobile or handheld device, store such content in an electronic form or print such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from Healthbit. You acknowledge that you have no right to have access to the Site in source-code form.

Any content you upload to the Site will remain your property but you grant Healthbit a perpetual, worldwide, royalty-free, non-exclusive, irrevocable, transferable licence to use, store and copy such content and to distribute and share it to the extent permitted by our Privacy Policy.  Any content you upload which is “public”, as defined in our Privacy Policy (including anything you post on any forum or bulletin board) will be treated as non-confidential and non-proprietary and Healthbit has the right to post such content on the Site and any other websites or applications of any description that we or our affiliates operate from time to time and to share it with any third party.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

Applicable Law

These Terms and Conditions and any non-contractual obligations arising from them will be subject to the laws of England.  We will try to solve any disagreements quickly and efficiently.  If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in the English Courts.

Amendments

We may update these Terms and Conditions from time to time for legal or regulatory reasons, to allow the proper operation of the Site, or to reflect developments of the Site.

Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given such notice.

If you do not wish to accept the new Terms and Conditions you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.

International Use

We make no promise that materials on the Site are appropriate or available for use in your country.  If you choose to access the Site, you do so on your own initiative and are responsible for compliance with local laws.

Miscellaneous

You may not transfer any of your rights under these Terms and Conditions to any other person.  We may transfer our rights under these Terms and Conditions to another business or organisation where we reasonably believe your rights will not be affected.

If you breach these Terms and Conditions and Healthbit chooses to ignore this, Healthbit will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

Each of these Terms and Conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

If you have any queries, please contact us.

Last update:  June 2018