There are some important limitations on our obligations set out in these terms. The most important of these are:
- We are AT Technology Services Limited, a limited company registered in England and Wales (number 10315983). Our registered office is 26-28 Streatham Place, London, SW2 4QY.
- You can contact us by email on email@example.com. If you need to write to us or send us a notice you can do so by email or writing to the above address.
ACCEPTANCE OF OUR TERMS
- These terms (the “Terms”) govern the relationship between you and us in relation to your use of our Dr. iQ mobile application software and website application software, and any updates, as relevant, (together the “App”) and our website, https://dr-iq.com (the “Website”).
- Please read these Terms carefully so that you understand them. You will be asked to accept these Terms as part of your registration of the App. By using the App, you agree to these Terms.
WHAT WE DO
- We have created the App to enable you to directly contact your GP practice (your “Practice”). Your Practice has licensed our software and will use it to provide you with clinical services.
- The App enables you to:
- Contact your Practice, through the App, rather than attend in person (where clinically appropriate). You will be able to speak directly to your GP or another clinical staff member via video or audio consultations or via bi-directional messaging, subject to availability (the “Digital GP Services”); and
- Check your symptoms against our symptom-checker and/or online consultation pathways. This provides information to you regarding common conditions (the “Information Services”).
- Our Information Services provide healthcare information and not medical advice. The App is not a medical device and is not intended to diagnose, detect, treat or monitor health conditions.
- Medical advice, including the issue of prescriptions, will be provided by your Practice and not by us. We do not provide you with clinical services. All clinical responsibility and liability will remain with your Practice. You may have to attend the Practice if the Practice considers that the Digital GP Services are not suitable for your condition.
IS THE APP SUITABLE FOR YOU?
- This App is not suitable for managing certain conditions and is not a diagnostic tool. Your Practice can advise you further if you are not sure.
- The App is not suitable for medical emergencies. If you believe that you are having a medical emergency or require urgent medical care, you should call 999 immediately.
- The App is not available for users under 16 years old. Children under 16 years old may have limited access when this is linked to a parent or legal guardian’s account.
HOW WE USE YOUR DATA
- Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- We may use anonymised data for purposes including (without limitation) research.
- The information you enter is reviewed by your Practice and will be stored on your medical records that are held at the Practice.
- We may record consultations, activity and data inputted in the App for the purposes of providing our services, ensuring the quality of the services we provide and giving you access to your receded consultations.
- You may not share consultation recordings on social media or any other media sharing platforms. If you breach this term, we may suspend access to the App, terminate your account and may take legal action against you.
- By using the App, you consent to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products.
- To enable full functionality of the App, you will be required to allow the App to access features and functions of your personal device used to access the App, including your location, camera, microphone and photo gallery. You will be asked to allow this when you register for the App and when you first use location services within the App. You can decline or turn off this functionality at any time but you may not be able to access the full services that the App can provide if you have not allowed this access.
- Certain services may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on your device. If you use these services, you consent to our transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings on your device.
TECHNICAL REQUIREMENTS FOR USING THE APP
- The mobile App operates only on iPhone version 4S or higher running iOS 11 or higher, or Android-enabled phones running Android v5.0 Lollipop or higher. It requires a consistent 4G or faster data connection and does not operate reliably on 3G, GPRS or EDGE connections. In order to use the web App or Website, you must have the latest Google Chrome browser, Mozilla Firefox browser, or the latest version of Internet Explorer (no less than Internet Explorer 9).
- We recommend that if you are using a wireless network to access the App and Website, you avoid use of public Wi-Fi facilities in favour of a personal Wi-Fi connection, and that the wireless network is secured with WPA-2 security. We recommend that the device from which you access the App is password protected, set to lock after a short period of inactivity, and protected with suitable anti-virus and anti-malware software.
- Our App and Website are accessed remotely using the internet, data networks and devices which can access the internet (the “Infrastructure”). We make the App and our Website available for access using the Infrastructure, but are not responsible for the Infrastructure ourselves. Issues affecting the Infrastructure may require us to suspend your use of the App.
- We do not guarantee that the App, or Website, or any content on it will always be available or be uninterrupted. We may suspend or withdraw availability of the App or Website at any time for operational reasons.
- From time to time, updates to the App may be made available to you. We recommend that you use the latest version of the App at all times, to take advantage of the latest enhancements. 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 changes to our Terms
- We operate anti-virus and malicious software prevention measures on the Website and our App, but we cannot guarantee that they will always be virus-free. You should ensure that your devices used to access the App and Website are protected against viruses and malicious software. You must not use or expose the App or Website to virus or malicious software contamination.
USE OF THE APP AND YOUR OBLIGATIONS
- You may download or stream a copy of the mobile App onto an Apple iOS or Android mobile handset or tablet, or for the web App you may access this via a laptop or desktop PC, and view, use and display the App on such devices for your personal purposes only.
- By registering with us, you agree to ensure that:
- Any information you give to or enter into the App is accurate and in English;
- If you have any concerns about the App, or any information in the App, you seek further medical advice from your GP or another medical professional;
- You keep your username and password confidential and take reasonable steps to protect and not to share your login details with anyone.
- We may suspend or terminate your account with us if you breach any of these Terms.
- You are able to access the App because you are a registered patient at your Practice. By using the App, you confirm that you continue to be a registered patient of your Practice, or another GP practice that offers access to the App.
- 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, whether or not you own the phone or other device.
- You agree that you will:
- 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;
- Not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of them 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;
- Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (the “Permitted Objective”), and provided that the information obtained by you during such activities:
- Is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- Is not used to create any software that is substantially similar in its expression to the App;
- Is kept secure; and
- Is used only for the Permitted Objective; and
- Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
- Our App should not be used outside of the UK.
ACCEPTABLE USE RESTRICTIONS
- Not use the App or Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or Website or any operating system;
- Not infringe our intellectual property rights or those of any third party in relation to your use of the App or Website (to the extent that such use is not licensed by these terms);
- Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Website;
- Not use the App or Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- Not collect or harvest any information or data from the App, Website or our systems or attempt to decipher any transmissions to or from the servers running the App or Website.
OUR LIABILITY TO YOU
- If we break any of these Terms and you suffer loss or damage, we are responsible for compensating you for that loss or damage if it was a foreseeable result of our breaking these Terms. We are not responsible for compensating you for loss or damage that is not a foreseeable result of breaking these Terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
- 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.
- If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, 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.
- The App and Website is for domestic and private use. If you use the App or Website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- The App and Website are provided for general information. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or Website. Although we make reasonable efforts to update the information provided by the App and Website, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
- The App and Website may contain links to third-party websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any independent sites, including the purchase and use of any products or services accessible through them.
- We may not be able to provide the App or Website if it is affected by events outside our control. We are not responsible to you if this happens, but if it does, we will notify you as soon as we can and take the steps that we reasonably can to minimise the interruption.
- Subject to clause 10.2, we are not liable to you for any loss or damage arising in connection with any inability to use the App or Website; or your use of or reliance on any content displayed on the App or Website.
INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights in the App throughout the world belong to us and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.
- We licence you to use the App only as permitted by these Terms.
CHANGES TO THE TERMS AND THE APP
- We may need to change these Terms sometimes: for example, when the rules regulating our services change, in order to ensure that the App is secure and your information is safe, or when we update or modify the services we provide through the App.
- We will give you at least 28 days’ notice of any changes to the Terms by sending you a notification within the App. Your continued use of the App confirms your acceptance of these new Terms.
- From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the 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.
COMPLAINTS AND SUPPORT
- If you want to learn more about the App or have any problems using them please take a look at our support resources on our Website.
- If you have a complaint, we would like to resolve it as soon as possible. Please tell us about your complaint as soon as you can so that we can do this. Please contact us by email at firstname.lastname@example.org. We will tell you the outcome of our investigation into your complaint and give you the chance to discuss it with us.
- You may cancel your registration with us at any time. To do so, please email email@example.com.
- We may cancel your registration at any time:
- If the App is unavailable for reasons outside our control; or
- If you do not comply with the terms governing use of the App set out in these Terms. If what you have done can be put right we will give you a reasonable opportunity to do so; or
- Your Practice has requested that we cancel your registration (for example, if you are no longer a registered patient at the Practice).
- We may cancel your registration by providing you with 28 days’ notice if we no longer wish to provide you with access to the App for any reason.
- If we end your rights to use the App:
- You must stop all activities authorised by these Terms, including your use of the App;
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
- We may remotely access your devices and remove the App from them.
- We may transfer our rights and obligations under these Terms to another organisation, but we will always notify you in writing if this happens, and this will not affect your rights under these Terms.
- You may not transfer the App to someone else. If you sell any device on which the App installed, you must remove the App from it.
- These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
- If we fail to enforce any of our rights, that does not result in a waiver of that right.
- If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
- These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.