20th January 2018
ONLINE TERMS AND CONDITIONS FOR PATIENTS
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE APPLICATION KNOWN AS TICKERFIT AND THE INNERSTRENGTH LIMITED WEBSITE (together, the “SITE”).
BY ACCESSING THE SITE, OPENING AN ACCOUNT AND/OR USING THE SERVICES ON IT YOU (“YOU”), ARE AGREEING TO FORM A CONTRACT AND AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW.
IF YOU DO NOT ACCEPT THESE TERMS PLEASE DO NOT CREATE AN INNERSTRENGTH LIMITED ACCOUNT OR USE THE SERVICES.
TERMS AND CONDITIONS:
1. Provision of the Service and How to Contact us
Innerstrength Limited t/a as Innerstrength Health (“Innerstrength Health”) provides an on-line cloud based application for healthcare professionals (“HCP”) which empowers them to better manage their patients’ (“Patient”) health and medical conditions by providing their Patients with personalised lifestyle interventions based on their individual and current health status (“Service(s)”).
Contact details for Innerstrength Health are as follows:
- Registered Address:106 The Hazel, Grange Hall, Rathfarnham, Dublin 16, Ireland
- Innerstrength Health Registration Number: 503051
- Email Address: firstname.lastname@example.org
You acknowledge that you have provided your HCP and Innerstrength Health with accurate and complete registration information on your account sign-up. You acknowledge that it is your responsibility to update your HCP and Innerstrength Health with any changes to your subscription information by e-mailing Innerstrength Health at the email address provided above.
It is the sole responsibility of your HCP to ensure that he or she has obtained all consent necessary from you in order to lawfully process your personal date in the provision of the Services. For the avoidance of any doubt whatsoever, Innerstrength Health is a data processor and not a data controller (as both of those terms are defined under the Irish Data Protection Acts 1988 and 2003) in relation to the processing and storage of your data and the provision of the Services.
If you believe that there has been a breach of security such as the disclosure, theft or unauthorised use of your user name and password (“ID”) then you must notify Innerstrength Health immediately. If Innerstrength Health reasonably believes that your ID is being used in any way which is not permitted under this Agreement, Innerstrength Health reserves the right to immediately suspend access rights on giving notice to you and to block access to the Service until the issue has been resolved to the satisfaction of Innerstrength Health.
Innerstrength Health is continually seeking to improve the Service and to ensure that all information on the Site (to include its library of instructional videos etc) (“Content”) is up to date and as accurate as reasonably possible. Accordingly, Innerstrength Health reserves the right, and at its sole discretion, to make changes to any part of the Service (including editorial or other changes) or the Content at any time and without prior notice to you.
Innerstrength Health recommends that you regularly check the Site from time to time for any updates or changes to this Agreement and/or the Service which shall become effective on posting and your continued use of the Site will mean acceptance of those updates and/or changes.
2. Licence and Limited Rights to use Content
Innerstrength Health grants you a non-exclusive, non-transferable, non-assignable, revocable licence to use the Site and the Content and the Services subject to the terms and conditions of this Agreement.
The Content and all software, copyright, database rights, website design, trade and service marks and logos or names, design rights, know-how and rights relating to loss of reputation and business and all other intellectual property rights (“Intellectual Property”) in each case whether registered or not, in the Content and the Site belong to Innerstrength Health (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of Innerstrength Health.
Innerstrength Health does not claim ownership of any material that you or third parties submit to the Site (and which is defined as “Your Content” under clause 4 below) and is not responsible for its content, accuracy or compliance with relevant laws or regulations. You agree that by submitting such material you grant Innerstrength Health permission via a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to display, publish and otherwise use Your Content as Innerstrength Health reasonably sees fit, and also agree that Innerstrength Health is under no obligation to display or otherwise use Your Content and that Innerstrength Health has the right to remove Your Content immediately and without prior notice to you.
For the avoidance of any doubt whatsoever, Innerstrength Health shall have the right, but not the obligation, to monitor, filter or screen Your Content. Notwithstanding the foregoing, Innerstrength Health reserves the right to edit, refuse to post, or remove Your Content at any time.
Innerstrength Health fully respects your right to privacy and has a strict policy of complying with the terms of the Irish Data Protection Acts 1988 and 2003 as well as the upcoming General Data Protection Regulation (EU 2016/679) which is to be implemented in Ireland in 2018 (together, the “Act”).
At certain times, and as a result of your interaction with the Site, Innerstrength Health will hold and process personal information obtained about you for the purposes of providing you with the Service. By registering and/or using the Site you consent to this collection and use of your information.
In addition, you hereby acknowledge and confirm that you have provided full and explicit permission to your HCP to allow the HCP to collect, use and store your personal (to include sensitive data as defined under the Act) data in order to allow you and Innerstrength Health to lawfully provide the Services to you.
Please also note that we may use your data to send you information about our products and/or services and, in addition, and as a result of using the Services you may receive alerts via email/text etc. By using the Services you agree to these interactions and if at any time you do not wish to receive such information then please contact us at email@example.com and we shall desist the same – please note however that refusing to accept some alerts may hamper or completely impede your use of the Services – please feel free to discuss any of these points with us at any time.
We would also add that you should be mindful that our Services can link to and collect data from third party applications (such as Apple Health and FitBit) and if such a third party application is permitted access by you to your data that Innerstrength Health will not be responsible in any way for any use, disclosure or modification of your data that is transmitted or accessed through the Services by any such third party application.
Innerstrength Health shall have the right to collect, use and distribute aggregated information, analysis, statistics, related benchmarking algorithms and other data generated by the Services (or derived from your use of the Services) provided, however, that we shall not disclose any such data to any third party unless such data is in an aggregated form that would not permit a third party to identify the data as associated with you.
4. Warranties and Indemnity
Innerstrength Health warrants that it will use all reasonable skill and care in the provision of the Service.
Innerstrength Health makes no warranty that the Site is free from viruses or anything else that has contaminating and/or destructive properties and it is your responsibility to adopt appropriate back-up, firewall and other precautionary security measures.
The Service is provided on an “as is” basis and all conditions and warranties or representations whether express or implied are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.
The Content is designed to provide general, but focused guidance on matters of healthcare but such Content does not constitute professional medical or other professional advice in itself.
Equally, the Services (to include the Content) are a means of sourcing data on your current health position in conjunction with a smartphone and wearables and sensors and by using third party applications such as Apple Health and FitBit and at no stage is any information received via the Services intended to match or exceed that of medical or scientific measurement devices as you might find in a modern doctor’s surgery or hospital. Therefore, use of the Services should be seen as an accompaniment to the advice and guidance normally provided by a professional HCP to you as the Patient.
The Services (as well as any wearables and/or data from your smartphone and/or any third-party applications such as for example Apple Health or FitBit etc) are not meant to treat or cure any disease in and of itself, and therefore you should always use your own good judgement and consult fully with your HCP in evaluating the Content provided by the use of the Services.
You warrant and represent that you are the owner or licensee of any content that you upload (such as videos, blogs etc), record or otherwise transmit through the Service and that you have all lawful permission to use the same and (collectively, “Your Content”).
You warrant and represent that you shall not either intentionally or recklessly publish, post, upload, record or otherwise transmit anything that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is materially false, misleading or inaccurate.
You agree not to: (1) use the Service in connection with junk mail, pyramid schemes, spamming (to include soliciting other users to become subscribers of other information services) or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others; (3) knowingly interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (6) use the Service for any illegal purposes whatsoever.
You agree to fully indemnify Innerstrength Health, its directors, officers shareholders, employees, agents and suppliers against all claims, liabilities, costs and expenses (including but not limited to legal fees) arising out of your use of the Service or the Site, the Content or Your Content or related to any breach of this Agreement.
5. Service Availability and Limitation of liability
Innerstrength Health shall use all reasonable endeavours to make the Service available to you but shall not be liable in the event of any interruption of the Service. Innerstrength Health reserves the right to modify, withdraw, suspend or restrict the availability of the Service or any part of it.
The Service is provided solely for your use and you are not permitted to resell (meaning sub-licence) or attempt to resell the Service to any third party.
To the maximum extent permitted by law, Innerstrength Health shall not be liable to you whether in contract, tort (including negligence) or otherwise, for:
· any indirect, consequential or special loss or damage whatsoever;
· any loss of profit, loss of anticipated savings, loss of business or reputation, loss of goodwill, loss of data or other such financial or business loss or damage; or
· any other loss or damage (including any direct damage) in an amount exceeding €50.00 (fifty Euro) in the 12 months preceding the date on which such liability arose.
Under no circumstances will Innerstrength Health be liable under this Agreement in respect of any fault which is the responsibility of any third party service provider such as consumer wearables and smartphones etc or in respect of third party applications such as Apple Health or FitBit etc.
Notwithstanding the above provisions of this clause Innerstrength Health’s liability will not be limited in the case of fraud or for death or personal injury caused by the negligence of Innerstrength Health.
Please note in particular that the Services are a technology to support Patient self-management and all Content provided as part of the Services and all data provided to you as a result of Patient interaction is purely for information and support purposes only, and the Services are not a remote monitoring type device or service.
During the term of this Agreement, each party will regard any information provided to it by the other party and designated in writing as proprietary or confidential to be confidential (“Confidential Information”). Confidential Information shall also include information which, to a reasonable person is of a confidential or proprietary nature.
7. Links and Notices
The Site may contain links to other websites, applications and resources, however Innerstrength Health is not responsible and shall not be held liable for the availability or content or accuracy of these resources. No endorsement or approval of any such third party websites, their advice, opinions, accuracy, information, products or services is expressed or implied by any information on our Site and where we provide such links it is done for your convenience only and shall be at your own risk and we shall not be liable for any damages or losses arising in connection therewith. We recommend you make yourself familiar with any third party providers and their terms and conditions of service before signing up to receive any other third party services and/or products.
All notices shall be given to Innerstrength Health via e-mail at firstname.lastname@example.org or by post to Innerstrength Health’s address as set out under clause 1 of this Agreement; or to you at the e-mail or land address you provide in your registration information.
8. Term and Termination
This Agreement shall become binding on you once you access the Site and begin using the Services.
This Agreement and your access to the Service may be terminated by Innerstrength Health or your HCP at any time or by written notice if (in the sole and reasonable opinion of Innerstrength Health or your HCP) you are in breach of this Agreement and the breach is not properly remedied (which shall also be at the sole discretion of Innerstrength Health or your HCP as appropriate) within the period of 7 days after written notice of the breach has been given to you.
Termination of this Agreement will be a non-exclusive remedy for breach and will be without prejudice to any other right or remedy. Upon termination of this Agreement, each party shall promptly return or destroy all Confidential Information of the other party in its possession.
For the avoidance of any doubt, in the event of termination of this Agreement for cause, the Services shall not be made available to you.
9. Dispute Resolution
Your HCP has the right to change permissions or change your health programme as he or she considers appropriate. In the event you disagree with any such changes or wish to discuss such changes, or, you wish to discuss your programme generally then you must contact your own HCP and not Innerstrength Health.
Should there be any dispute arising out of this Agreement the parties shall use every effort to agree it informally, however, if that fails to resolve the matter then on the written request of any party it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator, the Dublin office of the International Centre for Dispute (“ICDR”) Resolution shall appoint a single independent mediator in accordance with the rules of the ICDR. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be Dublin, Ireland. In the event that within a period of 30 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Irish Courts.
No failure or delay on the part of Innerstrength Health relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
Innerstrength Health shall be under no liability to you in respect of anything, which notwithstanding this provision, may constitute a breach of this Agreement arising by reason of force majeure which includes Act of God and failure of third party delivery agents.
This Agreement contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither you nor Innerstrength Health shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides.
If any parts of this Agreement are held to be invalid, the remaining parts of the Agreement will continue to be valid and enforceable.
In the event of any inconsistency between the terms of this Agreement, the Site, and/or any other third party terms and conditions the terms of this Agreement shall prevail.
This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Ireland and be subject to the exclusive jurisdiction of the Irish courts.