Terms and Conditions
These terms and conditions (Terms) apply to the mobile application developed by Safey Medical Devices Limited (the App) and the services described within these Terms and within the App (and any other services we may choose to offer from time to time) (the Services).
Please read these Terms carefully.
By downloading and registering with the App and/or accessing or using the Services you agree that you have read, understood and accepted these Terms and the Privacy Notice (each as amended from time to time – please see section We may make changes to these Terms for further information about this).
If you do not agree to these Terms, you must not use the App and/or the Services.
1. Who we are
1.1 The App is operated by Safey Medical Devices Limited (collectively referred to in these Terms as we, us and our). We are registered in England and Wales under company number 10261028 and have our registered office at 5 Union Street, Union Street, Ardwick, Manchester, England, M12 4JD.
1.2 We are a limited company.
2. How to contact us
2.1 To contact us, please email us at [email protected].
2.2 If you require any further information in relation to these Terms, the App and/or the Services please contact us by email at [email protected] and provide full details of the nature of your query.
3. Introduction and registration
3.1 By downloading and registering with the App and/or accessing or using the Services you agree to be legally bound by these Terms.
3.2 In order to be able to use the App and access the Services you will be required to register your name, email address and other personal information. To find out how we use your details or understand more about your rights in relation to the personal information that we are processing about you our Privacy Notice, which is available at http://safeymedicaldevices.com/privacy-policy.
3.3 You can update your details or delete your account by emailing us at [email protected].
3.4 You must be at least sixteen (16) years of age to use the App and the Services. It is not intended to be used by any person under the age of sixteen (16) and we do not collect any personal information from any person that we know is under the age of sixteen (16).
3.5 If you use the App and the Services as part of a clinical trial or research project being led by a third party organisation (such as a pharmaceutical company or a university) then these Terms apply to your use of the App and the Services only, and not your participation in that clinical trial or research project. As part of such a trial or project, we will share certain of your personal information collected through your use of the App with the third party running that trial or project. For further information about our sharing of your personal information in this way, please see our Privacy Notice, which is available at http://safeymedicaldevices.com/privacy-policy.
4. You must keep your account details safe
4.1 If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
4.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of these Terms.
4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
5. Use of the App
5.1 You must not allow any other person to access the App and/or the Services using your registration details.
5.2 Please note that we only provide the App and the Services for domestic and private use. You must not to use the App or the Services for any commercial or business purposes.
5.3 You may print off one copy, and may download extracts, of any page(s) from the App for your personal use.
5.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.5 Our status (and that of any identified contributors) as the authors of content on the App and/or provided through the Services must always be acknowledged.
5.6 You must not misuse the App or the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App or the Services, the server on which the App is stored or any server, computer or database connected to the App. You must not use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape”, “crawl”, or “spider” any pages contained in the App.
6. The services
6.1 The App is designed to:
· help remind you to take certain of your medications, record any instances where you have missed doses for any reason;
· notify certain selected third parties (such as friends, family, guardians and/or clinicians, together referred to as Notified Parties for the purposes of these Terms) of your compliance with the dosage requirements associated with your medications; and
· record and track certain medical readings associated with your medications and medical conditions.
6.2 The full functionality of the App may differ depending on the subscription model you choose. Please see section 8 (Subscriptions) for further details.
7. Important information about the App and the services
7.1 While the App and our Services are designed to help remind you to take certain medicines, it is not intended to replace professional medical or healthcare advise. It is our aim to help make certain health-related information more readily available and useful to you, however, the App and our Services cannot and do not guarantee health-related improvements or outcomes.
7.2 The App and Services are to intended to be used only as a communication tool and are provided by us for you to monitor your compliance with medicine dosages and provide updates to Notified Parties as described in section 6 (The Services) above. Those Notified Parties are not employed or affiliated with us and we are not responsible for their advice, acts or omissions, and we cannot guarantee the availability or successful delivery of communications with those Notified Parties. You are responsible for making contact with those Notified Parties by alternative means if communication with them becomes unavailable for any reason.
7.3 Any output from the App and/or the Services does not constitute medical advice, diagnosis or treatment, nor you should rely on that output as medical advice, diagnosis or treatment. You should always talk to a qualified medical or healthcare professional about any medical conditions. Any decisions you take affecting your health should always be made in consultation with a qualified medical professional.
7.4 You accept that the App and our Services are intended as a helpful reminder tool for taking your medications. You should not rely on the App and the Services as your primary tool for determining whether and when to take medication.
7.5 You accept that the App, and the benefit or usefulness of any of its alerts or notifications, depends on information that you input into the App. You are responsible for ensuring that all information that you input into the App or provide to use in connection with the Services is complete, accurate, and up-to-date, and you agree that you are responsible for checking to make sure that all information and output provided to you by the App is consistent with the medical advice you have received. We have no responsibility for checking the accuracy of the information which you input into the App.
7.6 It is your responsibility for ensuring that your device meets the minimum specification required to access the App. The App will not function properly if your device is switched off or otherwise not functioning correctly, or if any hardware or software on your device is preventing the App from operating correctly or lacks data connectivity. You are responsible for ensuring that your device is properly maintained and operating correctly. We are not responsible to you for any issues which may arise from faults with your device, data connectivity, and/or the compatibility of the App with your device.
7.7 Where you access the App and/or Services using your mobile device, please note that your mobile network provider’s usual rates and fees (such as text messaging and data charges) will still apply.
7.8 You acknowledge and agree that the App and Services have not been developed to meet your individual requirements, and that it is your responsibility to make sure that you fully understand the functionality and limitations of the App and the Services before using the App and/or the Services.
7.9 Our App and Services does not in any way constitute a recommendation or endorsement by us any medical or healthcare product.
7.11 You agree that you will:
· use the App and the Services in accordance with all laws which apply to you; and
· comply at all times with these Terms and with any applicable third party terms of agreement associated with your use of the App and the Services (including the terms of your mobile network provider and any applicable Google or Apple terms).
8.1 The App offers a premium subscription that provides you with access to certain additional features. Some of our subscriptions include a free trial period, where you can enjoy the full App and the Services at no cost. Subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. If you wish to unsubscribe from a paid subscription before we start charging your selected payment method, you must cancel the subscription before the free trial ends by contacting us at [email protected].
8.2 We offer one (1) month rolling and annual subscription options. Payment will be charged to your credit/debit card through the app store which you purchase App when you confirm your purchase or after the end of any free trial period associated with your subscription (as described in section 8.1 above). Paid subscriptions automatically renew unless you cancel us prior to the date of renewal at [email protected]. We will notify you in advance if the price of subscription increases. Unfortunately we are not able to pay any refund for subscriptions fees which you pay in advance but which you do not use because you have cancelled your subscription or ended your use of the App and the Services (or where we withdraw your use of the App as a result of your breach of these Terms).
9. Our intellectual property
9.1 We grant you a personal, revocable, non-transferable and non-exclusive license to access and use the App for personal and non-commercial purposes in accordance with the terms of these Terms.
9.2 Other than in relation to links to third party websites, products or services, we or our licensors are the owner or the licensee of all intellectual property rights in the App and in the material published on it, including all brand names and trade marks. All such rights are reserved and nothing in these Terms will be interpreted as giving you ownership or rights in such intellectual property or the data contained therein.
9.3 To avoid any doubt, we or our licensors own all the text, images, photos, audio, video, location data, and all other forms of data or communication that we create and makes available in connection with the App, including but not limited to visual interfaces, interactive features, graphics, design, and all other elements and components of the App. Except as expressly provided by these Terms, we do not grant you any express or implied rights, and all rights in and to the App and App’s content are retained by us.
9.4 You are not permitted to use our intellectual property without our approval, unless expressly permitted under section 5 (Use of the App).
9.5 In the event of any claim by a third party that the App and/or the Services or your use of the App and/or the Services infringes a third party’s intellectual property rights then we (and not Apple or Google or any other third party) will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. You must notify us as soon as possible if you become aware of actual or possible claim by a third party that the App and/or the Services or your use of the App and/or the Services infringes a third party’s intellectual property rights.
10. Term and Termination
10.1 These Terms remain applicable while you are a registered user of the App.
10.2 We may, at any time and for any reason, withdraw your registration and your right of access to the App and/or the Services.
10.3 You may, at any time and for any reason withdraw your registration and delete your account by emailing [email protected] and deleting the App from your device.
10.4 In the event of your registration ceasing for any reason, you must not attempt to use the App and/or access the Services.
10.5 If for any reason these Terms come to an end, this section 10 (Term and Termination) and sections 11 (We are not responsible for websites or services we link to), 12 (Our responsibility for loss or damaged suffered by you), 13 (Our rights if you fail to comply with these Terms), 18 (Giving up rights), 19 (No third party rights) and 21 (Which country’s laws apply to any disputes?) inclusive will continue to be enforceable, and shall be valid and enforceable against you.
11. We are not responsible for websites or resources we link to
11.1 Where the App contains links to websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or resources you may obtain from them.
11.2 We have no control over the contents of those websites or resources and we accept no responsibility for the availability, suitability, reliability or content of such third party websites and/or resources and do not necessarily endorse the views expressed within them. We will not be liable for any loss or damage that may arise from your use of them.
12. Our responsibility for loss or damage suffered by you
Please read this section carefully
12.1 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 and any liability for fraud or fraudulent misrepresentation.
12.2 Subject to section 12.1 above, we shall not be liable in any way for any loss, injury or damage of whatever kind caused in whole or in part by:
· use of the App and/or the Services or the information provided therein;
· any failure, delay, interruption or otherwise of the provision of the App and/or the Services or the information provided therein;
· any act or omission of a Notified Party; or
· our failure to perform any of our obligations under these Terms.
12.3 In no event, subject to section 12.1, will we be responsible or liable for any loss of profits, goodwill, savings, business or business interruption (whether any of those losses were foreseeable to you and us at the time the contract between each of us was formed), or for any special, indirect, incidental or consequential damages.
12.4 Subject to sections 12.1, 12.2 and 12.3, our total liability to you for all other losses arising under or in connection with these Terms shall be limited to an amount equal to the subscription fees paid by you to us in the six (6) month period prior to the date of your claim.
12.5 To the maximum extent permitted by law, we expressly exclude all representations, warranties, obligations and liabilities in connection with the App, the Services, the acts and omissions of Notified Parties, or any third party website, and the information provided therein. We do not guarantee the quality, suitability, safety or ability of third party providers including any Notified Parties.
12.6 We will not be responsible or liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App and/or the Services or to your downloading of any content on the App, or on any website linked to it or to any email sent by us to you.
12.7 The App and Services are provided “as is” and “as available” meaning that we do not guarantee that the App, or any Services, will always be available or be uninterrupted. We will not be responsible to you if for any reason our App is unavailable at any time or for any period. We do not guarantee the speed with which you will be able to access and use the App (which may be impacted by your device, network connectivity, and the number of people simultaneously using the App and Services) or that you will have uninterrupted or continuous access to the App.
13. Our rights if you fail to comply with these terms
Should you make any illegal and/or unauthorised use of the App and/or the Services, and/or fail to comply with these Terms we may take such action as we reasonably determine to be appropriate including amongst other measures temporarily or permanently removing your registration and right to use the App and/or the Services.
14. Monitoring your use of the site and legal disclosure
14.1 We may disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
14.2 You acknowledge that we have no obligation to monitor your access to or use of the App and/or the Services, but that we have the right to do so for the purpose of operating the App and providing the Services, to ensure that you are complying with these Terms, or to allow us comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content and/or functionality that we, at our sole discretion, consider to be in violation of these Terms or otherwise harmful to the App and/or Services provided.
15. We may make changes to these terms
We may amend these Terms from time to time. We will give you reasonable notice of any major changes to these Terms. If you are unhappy with the changes to the Terms you can withdraw from these Terms by deleting your account and removing the App from your device (please see section Term and Termination). You will be deemed to have accepted the changes if you continue to use the App or Services after any changes are made.
16. We may make changes to the App and the services
We may update and change the App and/or Services from time to time. We will try to give you reasonable notice of any major changes. If you are unhappy with the changes to the App and/or the Services you can withdraw from these Terms by deleting your account and removing the App from your device (please see section Term and Termination). You will be deemed to have accepted the changes if you continue to use the App or Services after any changes are made.
17. We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms.
18. Giving up rights
Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Terms will not limit or restrict the future exercise or enforceability of those rights.
19. No third party rights
Only you and us are entitled to enforce these Terms. Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us and such third parties shall not be entitled to enforce any term of these Terms against us.
20. Invalid parts of the terms
If any provision (or part of any provision) of these Terms is, or becomes illegal, invalid or unenforceable in any respect it shall not affect or impair the legality, validity or enforceability of any other provision of these Terms.
21. Which country’s laws apply to any disputes?
Please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
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Safey Medical Devices Ltd.
City View House, 5 Union Street,
Manchester M12 4JD, UK
Safey Medical Devices Ltd.
11325 Random Hills Road,
Suite 360, Fairfax, VA 22030, USA
Safey Medical Devices Pvt Ltd.
Sawardari, Chakan MIDC – Phase 2, Pune, Maharashtra, India