Legal Documents

App Terms of Use

Please read these terms and conditions of use carefully before using the AB3 Medical Limited mobile application.

AB3 Medical LimitedEffective Date: July 2023

IMPORTANT - PLEASE READ CAREFULLY

These Terms and Conditions of Use (Terms of Use) apply to the use by you, of the AB3 Medical Limited App. They include important information about the basis on which we make the App available to you to use.

These Terms of Use apply whether the App carries the branding of the company, membership body or other organisation which you belong to and which may have invited you to use the App.

It is important that you read these Terms of Use very carefully before deciding how you wish to proceed. Note especially, the provisions which limit our liability to you in clause 14.

Please also note that other terms and conditions may apply from the Google App Store or the Apple Store (depending on which version you use) when you download the App. You should also read such terms and conditions carefully.

1. Who we are and what these Terms of Use are about

1.1 In these Terms of Use:

  • App means the AB3 Medical mobile application software, any relevant data relating to the app which we supply with the software and any updates, revisions or supplements to it, together with any related online documentation which we make available from time to time. App also includes any services made available or accessible through the App.
  • Customer is described in clause 2.1 of these Terms of Use.
  • We/us/our means AB3 Medical Limited, a company registered in England and Wales with number 13446817 of 23 Dunstarn Lane, Leeds, England, LS16 8EN.
  • You/your/user means you, the registered and authorised user of our App.

1.2 The App is proprietary to us. These Terms of Use set out the basis on which you are licensed to use the App.

1.3 This App is a software tool intended to help you view certain medical data. The information which you can view via the App will depend on the information inputted by your medical team, usually though a related dashboard which your medical team accesses to input relevant data. It may be used to focus on certain types of health issues depending on what information your medical team may include and how they use it and that is at their discretion. We do not guarantee therefore that your records will be complete nor the content of them as we have no control over your medical data or what information may be inputted. Similarly, we do not give any guarantee that the App is suitable for viewing, storing or organising other types of information, whether medical or otherwise. Please also refer to our Privacy Policy for further information.

2. Your role as a user

2.1 Access to the App is provided to you by us on a non-exclusive basis. A licence to use is usually given as a result of your membership or association with a relevant company, body or other organisation from which we receive a licence fee (our Customer) and where our Customer nominates you as a relevant user. You will therefore usually only be granted access to this App where we receive a relevant request from our Customer but not otherwise.

2.2 We will not be responsible, in the event that for any reason, our Customer does not instruct us to provide or continue App access for your benefit or otherwise in the event that the Customer fails to make a payment of the relevant fee in accordance with any agreement between us and that Customer, to which your use of the App, relates.

2.3 The fee payable in connection with your use of this App is usually paid by our Customer. You will not be asked to pay a fee for use of this App to us directly. However, your access to the App is conditional on our receiving the relevant licence fee where and when due from our Customer in accordance with our agreement with it.

2.4 Membership of or other association or affiliation with a Customer is a matter between you and that entity and we are not responsible for any terms, rules or other matters between you and that entity.

3. Your privacy and data access

3.1 Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you also read that document. These Terms of Use and the Privacy Policy should be read together.

3.2 The App is specifically designed for use in connection with your medical data. Your nominated medical professional who takes the lead for your medical care as a result of your relationship with Our Customer will also be set up as a lead administrative user so that they can input the data onto the App to generate the relevant copy of your medical records. Your medical team do this through the AB3 dashboard which works in sync with the App. A lead administrative user will need to be appointed to be able to use the App as that person will be responsible for managing your medical record as included on the App.

3.3 You may also choose to show the App and any data held therein to any person as you may determine including any other medical practitioners as you may choose. However, any such choice to disclose your personal data is at your determination and we shall have no responsibility for use of your personal data by you or any other person. The grant of any such access rights to any particular person (whether a medical professional or otherwise) is at your determination.

4. Operating system requirements

We may specify certain minimum system operating requirements for the performance of the App from time to time. You should adhere to those requirements and we cannot be responsible for your inability to fail to use or access the App in the event that you fail to meet any such requirements.

5. Contact

If you have any problems with the App or wish to contact us for any other reason please email us at contact@ab3medical.com.

If we need to contact you, we will do so by email or by SMS text message using the contact details you have provided to us during the registration process.

6. How you may use the App

6.1 In return for you agreeing to comply with these Terms of Use, you may:

  • 6.1.1 download or stream a copy of the App onto your device or devices and view, use and display the App on such device or devices;
  • 6.1.2 use any documentation (whether in hard or more likely in soft copy form) which we may provide from time to time, to support your permitted use of the App;
  • 6.1.3 receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may make available from time to time.

6.2 You must be aged 18 or over to accept these Terms of Use and use the App.

6.3 The licence to use the App is given to you via the arrangement with our Customer as explained in these Terms of Use. You may not transfer the App to someone else, whether for money, for anything else or for free. If you sell or otherwise transfer any device on which the App is installed, you must remove the App from it. We will not be responsible for any access to any data which any person may access if you fail to remove the App in accordance with this requirement.

6.4 You are responsible for all charges you incur in connection with your use of the App including those costs from your broadband, phone or network provider.

7. Changes to these Terms of Use

7.1 We may change these Terms of Use to reflect changes in law or best practice or to deal with additional features which we introduce from time to time.

7.2 We will give notice of any such changes via the App and you may be asked whether you agree to revised terms of use as we may present from time to time. If you do not accept the notified changes you may continue to use the App (where available) in accordance with the existing Terms of Use, but certain new features may not be available to you.

8. Changes to the App

8.1 From time to time, we may automatically update the App for example, to improve performance, enhance functionality, reflect changes to an operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App or it may not function as you expect.

8.2 The App will match the description of it, if any, provided to you only when you became a user.

9. If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms of Use whether or not you own the phone or other device. Despite the above, we advise that you should always use your own device to access the App.

10. Third party website links

The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked nor approved their content, their privacy policies and any user terms (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

11. Restrictions on use of the App

11.1 You agree that you will:

  • 11.1.1 except in the course of permitted sharing with your medical practitioners as provided herein, not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
  • 11.1.2 not copy the App, any documentation or other information which we make available, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • 11.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part thereof 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 of Use;
  • 11.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do so except to the extent that (by s.50B and s.296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited where necessary to decompile the App to obtain information needed to create an independent program that can be operated with the App where required (Permitted Objective), and provided that the information obtained by you in doing so is:
    1. not disclosed without our prior written consent, to any third party who does not need to know it to achieve the Permitted Objective; and
    2. kept secure; and
    3. not used to create any software that is substantially similar in its expression, to the App and is only used for the Permitted Objective;
  • 11.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

12. Acceptable use

12.1 You must:

  • 12.1.1 not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
  • 12.1.2 not infringe our intellectual property rights (such as copyright) 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 licensed by these Terms of Use);
  • 12.1.3 not transmit or use any material that is defamatory, offensive, unlawful or otherwise objectionable in relation to your use of the App;
  • 12.1.4 not use the App in connection with any person’s medical data other than your own;
  • 12.1.5 not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • 12.1.6 not collect or harvest any information or data through the use of the App or our systems or attempt to decipher any transmissions to or from the servers.

13. Intellectual property rights

13.1 All intellectual property rights in the App and any documentation made available in connection with the same, belong to us (or our licensors as the case may be) and the granted rights to use the App and any such documentation are licensed (not sold). You have no intellectual property rights in, or to, the App or other information which we make available other than the right to use the same in accordance with these Terms of Use. Intellectual property rights include but are not limited to copyright and related rights, rights in software including in source code and object code, rights to inventions, patents, trademarks, domain names, rights in get up and goodwill and the right to sue for passing off, trademarks design rights and all similar and related rights, all applications for any of the foregoing and in each case whether current or future and arising anywhere in the world.

13.2 You acknowledge that you have no right to access the App in source code format.

14. IMPORTANT: OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 If we fail to comply with these Terms of Use or otherwise, if we fail to perform in some way, we shall not be liable to you for any loss, cost, claim, liability, expense or damage which is not foreseeable. However, this does not exclude our liability in respect of any loss, cost, claim, liability, expense or damage which is foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms of Use, both we and you knew it might happen. To the extent that we are liable for any loss, costs, claims, liabilities, expenses or damage which is foreseeable, we shall not be liable to you for any amount which is in excess of the sum which was paid to us for your use of the App by our Customer (whether paid on your behalf or not). This however is subject to your rights in clause 14.4 in connection with any device damage and is also subject to clause 14.3.

14.2 Similarly, you will not be responsible for any unforeseeable loss, costs, claims, liabilities, expenses or damage which arise to us as a result of something which you do and any liability you might have to us, is limited to the same amount at which we limit our liability to you in accordance with this clause 14.

14.3 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 or for fraud or fraudulent misrepresentation.

14.4 If defective digital content of software that we have supplied damages a device belonging to you, we not be liable to you beyond a repair or the cost of the device (whichever is lower). 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.

14.5 IMPORTANT: The App is provided as a tool into which you can input medical data or otherwise instruct your medical practitioners to do so. AB3 does not provide any medical information or data and is the provider only of an App tool into which such can be inputted.

The App is not a medical advice tool and does not provide medical advice. The data used in connection with the App therefore relies on you and your medical practitioner ensuring that any data inputted is accurate, up to date and complete. We do not offer medical advice and you must in all cases, obtain professional medical advice before taking, or refraining from, any action on the basis of information contained within the App.

We make no representations, warranties or guarantees, whether express or implied, that any information included within the App is accurate, complete or up to date and this is information which you should verify with your medical professional.

14.6 We recommend that you ensure back up of any content and data used in connection with the App, to protect yourself in case of problems with the App and in no circumstances should the App be used as a substitute for the medical records held by your medical practitioner.

14.7 The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App meet your requirements.

14.8 If our making the App available is delayed by an event outside our control then we will contact you as soon as possible (including by notification via the App) to let you know and we will take steps to minimise the effect of the delay but we cannot be liable for any such delay or event.

15. Ending your right to use the App

15.1 We do not guarantee to continue to make the App available for any period of time and we may withdraw its use without notice.

15.2 Access to the App is made available to you usually by way of invitation as a result of you being associated in some way with our Customer. It is for the Customer to make a determination as to whether access is to be made available to you in your capacity as being associated in some way with that Customer for example, as an employee or member as the case may be. We will not be responsible if our Customer determines that you are not or are no longer to be an appropriate user of the App.

15.3 Notwithstanding the foregoing, we may end your rights to use the App if you do not adhere to these Terms of Use in a way which is serious or in circumstances where you repeatedly breach any of these Terms of Use. A serious breach includes (but is not limited to) if you breach any of the provisions of clauses 12 or 13. If you have failed to adhere to the Terms of Use in a way which is capable of remedy then we will give you a reasonable opportunity to remedy the breach but reserve our right to terminate your use of the App if such remedial action is not taken or fails.

15.4 If we end your rights to use the App of if you are no longer entitled to use the App as a result of action or omission of our Customer (such as if we do not get paid in accordance with our Customer agreement) or otherwise where exercise any rights to terminate our agreement with our Customer, you must stop all activities authorised by these Terms of Use, including your use of the App.

15.5 We do not receive payment of any fee from you directly for use of the App. A payment may be made to us by our Customer only and so in the event that your right to use the App comes to an end, we will not repay any fee to you.

15.6 If we end your rights to use the App of if you are no longer entitled to use the App:

  • 15.6.1 you must delete or remove the App from your device and if requested, confirm to us that you have done this;
  • 15.6.2 we may (or ask our service provider to) disable your access to the App.

15.7 If our relationship with our Customer comes to an end then we may at our option but shall not be obliged to, continue to make the App available to you. However, where we chose to continue to make the App available, we shall not be under any obligation to update or maintain the App and over time, the App may become obsolete and may no longer be available for your use or may not function as intended. You should also note that in such circumstances, a Customer and your associated medical team, may no longer be able to access the dashboard which is associated with the App and therefore no updates, additions or changes can be made to your data as a result of the dashboard no longer being available.

Any transfer of personal data as between a Customer and any new employer or other body providing your medical team with which you become associated, will only take place where the relevant consents from your medical team and you are provided to us and your information viewable in the App will only be capable of update if any employer, association or other person with whom you become associated, also becomes our customer and enters into an agreement with the us for the use of our subscription services.

16. General

16.1 We may transfer our rights and obligations under these Terms of Use to any other person. We may tell you in writing after this happens and we will ensure that the transfer will not affect your rights under them.

16.2 You are provided with access to this App as a result of being associated in some way with the Customer and therefore, your use of this App is particular to you as a result of your association with the Customer. You may only transfer your rights or your obligations under these Terms of Use to another person if we agree in writing in advance.

16.3 These Terms of Use do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms of Use.

16.4 Each of the clauses of these Terms of Use operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining clauses will remain in full force and effect.

16.5 If either of us delays in enforcing our respective rights under these Terms of Use, the party so delaying can still enforce them later. If we or you do not insist immediately that the other party does anything it is required to do under these Terms of Use, or if we or you delay in taking steps against the other in respect of breaching these Terms of Use, that will not mean that you or we as the case may be, do not have to do those things and it will not prevent us or you taking steps against the other at a later date.

16.6 These terms are governed by English law and you can bring legal proceedings in the English courts.