Terms of Service – Mobile app users

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY PROVISION.

Important information and who we are

These are the terms of supply for services (Terms of Service) provided through our mobile application (App). The App is operated by or on behalf of On The Mend International Ltd (we, us, our and On The Mend). We are a limited company, registered in England and Wales. Our registered company number is 10758082, and our registered office is at 1-3 Worship Street, 2nd Floor C/O Buckworths, London, England, EC2A 2AB. Our VAT registration number is 323 6767 90.

We have created the App to help patients keep track of information about their treatment and physical rehabilitation, including for use in pilot studies or research projects and to share the data with the healthcare partners that are involved in their treatment and/or develop new and existing technologies to improve healthcare. Our carefully selected partners may include, for example, health professionals or any other entity involved in research and development relating to services provided by On The Mend.

We provide access to users (each a User) of the App and the services offered on the App (Services) to you on the basis of these Terms of Service. By using any Service you agree to be bound by these Terms of Service.

Use of your personal information submitted to or via the App is governed by our privacy policy (Privacy Policy), a link to which can be found on the App, which explains how we use your personal data. Your use of the App may also be subject to the terms or policies applied by any third-party provider or operator from whose platform you downloaded the App.

We remain the owner of the App at all times.

We may revise these Terms of Service from time to time and will notify you if we are making any substantive changes. These Terms of Service for App users were last updated on 20 January 2021.

In these Terms of Service:

  • any reference to any gender includes any reference to the other genders;

  • a reference to a person includes a corporate or unincorporated body or association (whether or not having separate legal personality) or natural person;

  • a reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it; and

  • headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.

Please review these Terms of Service carefully and make sure that you understand them before using the Services or App.  By using the App and/or the

Services offered by On The Mend, you will be deemed to have unequivocally agreed to these Terms of Service without any amendment.

Registering with us

You should only use this App if:

  • your surgeon, doctor, or other healthcare professional has recommended you download and use the App as part of your care and rehabilitation process pre-or-post treatment, or where you have been invited to use the App as part of your involvement in a pilot study or research project, or where you have been referred to the App by a charitable organisation;

  • you agree to download and use the App in accordance with these Terms of Service;

  • you agree to provide your email address and telephone number to your surgeon, doctor or other healthcare professional and agree that it can be shared with us to the extent necessary to provide you with the Services; and

  • you acknowledge that the App is intended for use only by persons who are at least 13 years of age. By using the App, you confirm to us that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or guardian before using the App.

After providing your email address and telephone number, you will receive an email with a link to download the App, as well as an SMS message containing your PIN code. Please do not share this PIN code with anyone else; it is for your personal use only.

Upon downloading the App, you (in your capacity as a User) must set up your account (Account) with us by completing the account registration form in the App. You will need to provide your name and email address, as well as the pin-code provided to you via an SMS. You only need to register once. You must provide us with accurate, complete and up-to-date information. You are responsible for the information you provide to us.

Password

Upon registration for an account with us, you will be asked to create a password.

You must keep your password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised User of your Account (unless expressly specified otherwise in the relevant Service description on our App) and, accordingly, you must not disclose your password to anyone else.

You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your password (see the ‘Contacting us’ section below for further details). Any breach of these Terms of Service and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

The App does not provide medical advice

The App is provided for general information purposes only and does not provide medical advice. Any information on the App is designed as educational material, should not be taken as a recommendation for treatment and is not tailored to your particular needs. Use of the App does not create a doctor-patient relationship between us and you.

Although we try to personalise your experience, the App should never be relied upon as a substitute for professional medical advice, diagnosis or treatment from a qualified health care professional familiar with your medical history, and should not be relied on to make decisions about your health. The App only handles general patient-related data, which cannot be used to diagnose or prescribe treatment in your particular case. Only your surgeon, doctor or other healthcare professional can do that.

This App should not be relied upon as your sole means of contact or engagement with any healthcare professional. While using the App, you must continue to engage with the healthcare professionals responsible for your care in such manner as they direct. Where any part of the App is unavailable for any period of time you should continue to contact the healthcare professionals responsible for your care as usual and as necessary for your treatment using other appropriate means. We accept no liability for your failure to do so.

Never ignore or delay professional medical advice in seeking treatment because of something you have learned or seen using the App. As you continue to recover, you should continue being in touch with your surgeon, doctor or other healthcare professional as instructed by them and should always consult them before taking or refraining from any action on the basis of the information you obtain from the App.

We are not responsible for any medical advice provided, whether through the App or otherwise, by your surgeon, doctor or any other healthcare professional.

Except as expressly set out in these Terms of Service, 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 the App and to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the App or relying on any of its content.

We are not responsible for any actions, decisions or recommendations of your surgeon, doctor, other healthcare professionals or the administrators of any research projects or clinical studies you are involved in. We are not a registry, and as such, we do not review, and are not required to review, the data received through the App from you, your surgeon, doctor, other healthcare professionals or the administrators of any research projects or clinical studies you are involved in.

Changes to the service

As it is our policy continually to review and update the services we offer through the App, we reserve the right to make changes to the App, and/or to these Terms of Service from time to time.

You may be asked to agree to these Terms of Service again from time to time when they are changed. By continuing to use the Services and/or the App after changes to these Terms of Service have been made and notified to you, you will be deemed to have agreed to be bound by such changes.

Service suspension & termination

We may, from time to time, with or without prior notice, temporarily suspend the operation of any service and/or any part of the App (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality. Where the App is unavailable for any period of time, you should continue to contact your surgeon, doctor (or other medical professional responsible for your care) and the administrators of any clinical studies or research projects you are participating in via the App, as usual and as necessary for your treatment or research participation, using other appropriate means. You should not rely on this App as your sole means of contact with your surgeon, doctor or any other healthcare professional or researcher.

We may, with or without prior notice, terminate any contract between you and us (Contract) or suspend and/or terminate any Service and/or your use of your account in the event that you have breached any of these Terms of Service.

We maintain the right to withdraw your ability to use the App at any time, if we understand, after consultation with your surgeon, doctor or other healthcare professional or the administrators of a pilot study or research project in which you are involved, that the App may no longer be suitable for your medical needs. You agree to cease using the App where you are advised by your surgeon, doctor or other healthcare professional that it is no longer suitable for you to use.

If you have breached these Terms of Service, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

  • issue of a warning to you;

  • immediate, temporary or permanent removal of any content submitted by you;

  • immediate, temporary or permanent withdrawal of your right to use any Service;

  • legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or

  • disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The rights described above are cumulative and are not limited, and we may take any other action we deem appropriate.

Upon termination of any Contract or Service or your account, for any reason:

  • all rights granted to you under these Terms of Service will immediately cease;

  • you must promptly discontinue all use of the App and delete or remove the App from all devices in your possession;

  • it is your responsibility to contact your surgeon, doctor and any other healthcare professional with whom you are connected through the App to inform them that you are no longer contactable through the App.

Access to the App and our App

By accessing the App, you agree to be bound by the terms of our Privacy Policy.

We cannot guarantee the continuous, uninterrupted or error-free operability of our App. There may be times when certain features, parts or content of the App, or the entire App, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.

You agree that we will not be liable to you or to any third-party for any unavailability, modification, suspension or withdrawal of the App, or any features, parts or content of the App.

The App connects to services via the internet via your third-party internet services provider or mobile services provider’s network and a stable internet connection is required to access our services. You acknowledge and agree that we are not responsible for any unavailability of the internet, connection quality issues, service interruption or diminished functionality in the App which you may experience as a result of any such unavailability of any part of the internet or issue with your device’s internet connectivity.

Each User acknowledges and agrees that On The Mend is not responsible for the accuracy of any information published on the App by a User or other users and does not warrant that any information appearing on the App is accurate, true or complete.

If a User believes that any information appearing on the App is incorrect, that User should inform On The Mend of the information that he considers to be inaccurate and/or inform the other User who posted the information that he considers it to be inaccurate. On The Mend specifically excludes liability for any loss, harm, distress or damage suffered by any User or any third party as a result of inaccurate information appearing on the App.

What you are allowed to do

You may only use the App for non-commercial use (unless expressly granted permission to do otherwise by us) and only in accordance with these Terms of Service. You may retrieve and display content from the App on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form.

Additional terms may also apply to certain features, parts or content of the App, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

By using and/or registering with the App and/or using the Services, each User agrees not to:

  • ‘scrape’ content or store content of the App on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the App;

  • remove or change any content of the App or attempt to circumvent security or interfere with the proper working of the App or the servers on which the App is hosted;

  • republish, redistribute, reverse-engineer or re-transmit the App, and/or any of the content made available on the App; or

  • upload, post, e-mail or otherwise send or transmit onto or via the App any material that:
    a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
    b) facilitates illegal activity;
    c) depicts sexually explicit images;
    d) promotes unlawful violence;
    e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
    f) is otherwise illegal or causes damage or injury to any person or property; or
    g) otherwise do anything that is not expressly permitted by these Terms of Service.

You must only use the App and anything available from the App for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates, employees, agents or representatives.

All rights granted to you under these Terms of Service will terminate immediately in the event that you are in breach of any of them.

Each User agrees to indemnify and hold On The Mend, its shareholders, directors, officers, employees, agents and partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of his use of the Services and/or App or his violation of any law or the rights of any third party.

Notwithstanding and in addition to the indemnity in the paragraph above, the User shall indemnify On The Mend against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by On The Mend arising out of or in connection with the User using the App and the Services.

Third party links

From time to time you may find links to third-party websites on the App provided by On The Mend. These links are provided for your information only and are not recommended by, associated with or in any way attributable to On The Mend. On The Mend has no control over the content of third-party sites and accepts no responsibility or liability for them or for any loss or damage that may arise from your use of them. When accessing a third-party website, you are advised to check such website’s terms of service and privacy policy to ensure compliance with applicable laws.

Intellectual property rights

You acknowledge that all intellectual property rights (IP Rights) in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. The App is protected by UK and International copyright and other intellectual property laws. All such rights are reserved.

Except as expressly set out here, nothing in these Terms of Service gives you any rights in respect of any IP Rights owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the App. In the event you print off, copy or store pages from the App (only as permitted by these Terms of Service), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

On The Mend and its graphics, logos, icons and service names related to the App are registered and unregistered trademarks or trade dress of On The Mend. They may not be used without On The Mend’s prior express written permission.

All other trademarks not owned by On The Mend that appear in connection with the App are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by On The Mend. On The Mend accepts no liability for any unauthorised use of any trademarks by Users or third parties.

App features & content

We may change the format, features and content of the App from time to time. You agree that your use of the App is on an ‘as is’ and ‘as available’ basis and at your sole risk.

Whilst we try to make sure that content on the App consists of information which we reasonably believe to be correct and accurate, you acknowledge that the App may make content available which is derived from a number of sources for which we are not responsible. In all cases, information on the App 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.

Whilst we take reasonable steps to ensure that the App and content available via it is free of malware and viruses, we cannot and do not guarantee that any content on the App 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 content you access through our services.

App legality in other countries

On The Mend doesn’t guarantee that it is legal to use the App in all countries.

On The Mend makes no representation that content on the App is appropriate or available at locations outside of the United Kingdom. By accessing the App from outside the United Kingdom, each User represents and warrants to On The Mend that his use of the App is in compliance with all applicable local laws. On The Mend accepts no liability for any failure by a User to comply with their applicable local laws when accessing the App or the Services.

On The Mend assumes no liability or responsibility for a User using the App or the Services for spam or abuse. On The Mend is an unaffiliated third party used by the User to enable communication with the Recipient. On The Mend will use its reasonable endeavours to disable any Account repeatedly reported for spam and/or abuse (as determined in On The Mend’s sole and absolute discretion).

Our liability to you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so: Nothing in these Terms of Service shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence or the negligence of our employees;

  • for fraud or fraudulent misrepresentation or misrepresentation as to a fundamental matter;

  • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or

  • for any other liability that, by law, may not be limited or excluded.

On The Mend, its shareholders, directors, officers, employees or agents will not be liable (jointly or severally) to any User for:

  a) 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:

    b) use of, or inability to use, the App; or

    c) use of or reliance on any content displayed on the App.

    d) loss of profits, sales, business, or revenue;

    e) business interruption;

    f) loss of anticipated savings;

    g) loss of business opportunity, goodwill or reputation;

    h) any indirect or consequential loss or damage; or

    i) any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect any User’s computer equipment, computer programmes, data or other proprietary material due to such User’s use of theor to such User downloading of any content on it, or on any website linked to it.

Financial limitation: Except for in respect of the matters listed in the first paragraph above setting out where we do not limit or exclude our liability to you, our maximum aggregate liability in contract, tort (including our negligence or breach of statutory duty) or otherwise for any breach of these Terms of Service (or series of related events of default) shall not exceed £100.

We are not responsible for events outside of our control: 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. If our provision or support for the App is delayed by an event outside of our control then we will contact you by email as soon as possible to let you know that 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 event.

No agency: No agency, partnership, joint venture, employment relationship or franchise relationship is intended or create between you and use as a result of your use of the Services or by you entering into any agreement with us to buy our products or services.

We are not liable for medical advice you receive: We are not affiliated to, nor are we an agent of, your surgeon, doctor or other healthcare professional and are not liable for any advice given to you by your surgeon, doctor or other healthcare professional, or other medical advisers or third-parties delivered through the App or otherwise.

General

How you should contact us: All notices given by you to us must be given in writing to the address set out at the end of these Terms of Service. We may give notice to you at either the email or postal address you provide to us.

Even if we delay in enforcing this contract, we can still enforce it later: If we fail to enforce any of our rights, that does not result in a waiver of that right. If we do not insist immediately that you do anything you are required to do under these Terms of Service, or if we delay in taking steps against you in respect of your breach of this contract, this will not mean that you do not have to do those things and it will not prevent us taking action against you at a later date.

If a court finds part of this agreement illegal, the rest will continue in force: If any provision of these Terms of Service is found to be unenforceable, all other provisions shall remain unaffected.

You may not vary these terms: These Terms of Service may not be varied except with our express written consent.

This is the entire agreement between us: These Terms of Service and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply.

We may transfer this agreement to someone else: We may transfer our rights and obligations under these Terms of Service to another organisation. We will always tell you in writing by email if this happens and we will ensure that the transfer does not affect your rights under this agreement.

You may not transfer your rights to someone else: We are giving you personally the right to use the App as set out in these Terms of Service. You may not transfer your rights or obligations under these Terms of Service to another person without our prior written agreement. You agree that if you sell any device on which the App is installed, you must remove the App from it.

No rights for third-parties: You may not share the Services with any other person and this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Which laws apply to this agreement and where you may bring legal proceedings: These Terms of Service shall be governed by the laws of England and Wales, except that if you live in a jurisdiction which provides you with inalienable rights as a matter of mandatory local law, there may be certain mandatory applicable laws of your jurisdiction which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these Terms of Service or any Contract will only be dealt with by the English and Welsh courts, except that if you live in a jurisdiction which provides you with inalienable rights as a matter of mandatory local law, you can choose to bring legal proceedings either in your country or in England and Wales, but if we bring legal proceedings, we may only do so in your jurisdiction.

Contacting us

Please submit any questions you have about these Terms of Service or an order you have placed or ordering in general, or any complaint or concern in relation to any Service ordered by email to [email protected] or write to us at: 1-3 Worship Street, 2nd Floor C/O Buckworths, London, England, EC2A 2AB.

Notices shall be served by On The Mend to the email address attributable to the User at the time that the notice is served.

Notices may only be served to On The Mend at the following address: 1-3 Worship Street, 2nd Floor C/O Buckworths, London, England, EC2A 2AB and will deemed to have been received;

     a) if delivered by hand, at the time proof is obtained that the notice was left at the address or given to the addressee; or

     b) In the case of pre-paid first-class UK post or the other next working day delivery service, at 9:00 am on the second day after posting or at the time recorded by the delivery service.

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