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Digibete App Terms Of Use

DIGIBETE GLOBAL LIMITED

 TERMS OF USE FOR THE DIGIBETE APP (“TERMS”)

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING DIGIBETE SERVICES. 

 

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THE PLATFORM IMMEDIATELY.

 

These Terms apply to all users (“you”) of our mobile application and/or our tablet application (“App”) (together, the “Platform”).  These Terms apply to you if you are obtaining healthcare services from a clinic which has provided you with access to the Platform (“a Clinic”) as further set out below.

 

By using the Platform, you are agreeing to these Terms, along with our Privacy Policy.

 

You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

 

Any reference to “these Terms” shall include the above additional terms (as applicable).

 

Capitalised terms shall have the meanings set out in the Definitions section below.

 

  1. EMERGENCIES

 

The DigiBete App is NOT to be used in an EMERGENCY situation

 

IF YOU BELIEVE THAT YOU OR THE PERSON YOU ARE ASSISTING IS IN AN URGENT OR EMERGENCY SITUATION YOU SHOULD IMMEDIATELY DIAL 999.

 

YOU SHOULD CALL 999 IMMEDIATELY in a critical or life-threatening situation, such as if someone has:

  • difficulty breathing;
  • severe bleeding and it can’t be stopped;
  • severe chest pain;
  • a severe allergic reaction;
  • severe burns or scalds;
  • loss of consciousness;
  • major trauma such as the result of a serious road traffic accident, a stabbing, a shooting, a fall from height or a serious head injury; or
  • acute confused states and fits which aren’t stopping,

or if you believe someone is having a heart attack or stroke.

 

  1. WHO WE ARE AND HOW TO CONTACT US

 

Who we are. The Platform is owned and operated by DigiBete Global Limited (“DigiBete”, “our”, “us” or “we”), a company registered in England (company number 11312365).

 

 

How to contact us. To contact us, please use the enquiry form on our website at https://www.digibete.org/contact-us/.

 

We may contact you by email at the email address provided in your Account or by a general notice on the Platform.

 

  1. OUR SERVICES

 

What Services do we offer? DigiBete offers an online Platform which shares videos and educational resources about Type 1 Diabetes. It is designed to help support children, young people and families to self-manage their own diabetes by extending the reach of clinical teams online. Information on the Platform may be provided by any Clinic or by DigiBete.

 

DigiBete will only share your personal information with the Clinic as further explained in our Privacy Policy.

 

Our Platform is available to you if you are in the United Kingdom (i.e. England, Wales, Scotland and Northern Ireland). We do not represent that any content available on or through the Platform is appropriate for use or available outside the United Kingdom.

 

You can use the Platform in order to obtain further information and access to educational resources for Type 1 Diabetes, whether you are diagnosed with the condition or you are using the Platform on behalf of someone else (“the Services”).

 

Notifying the Clinic of your use of the Platform.  Once you have set up your Account we will notify the Clinic that you have registered and are using the Platform. You will then be prompted to confirm your Clinic and once confirmed we will inform you that we will be contacting the Clinic and notifying them you are using the Platform.

 

 

  1. SAFE USE OF THE SERVICES

 

To ensure you are able to use the Platform and Services safely and in accordance with these Terms, you must:

 

  • provide full and accurate personal information about you and the Clinic. Failure to provide full information may impact on our ability to provide the Services;
  • comply with our Fair Usage Policy at all times;
  • not use the Services for any inappropriate purposes;
  • follow instructions given to you on the Platform; and
  • seek immediate medical assistance if you suffer any adverse or unexpected symptoms as listed under Emergencies.

 

  1. CONNECTIVITY

 

To use the full functionality of DigiBete you are required to have an active internet connection with 6mbps of available bandwith, for the best quality connection we recommend a minimum of 4mbps available bandwith.

 

Although you acknowledge that DigiBete does not guarantee a connection can be made or maintained at any time, DigiBete may deny or refuse you access to the Platform; suspend, change or update the Platform; and/or otherwise alter the Platform it offers users from time to time, at its sole discretion, without notice, but at all times subject to DigiBetes legal obligations, which we take very seriously, such as regarding the secure maintenance of medical records.

 

Devices

 

  • AndroidTM 8, 9, 10 and newer.
  • iOS: iPhone, iPad running on iOS 11, 12 and 13.

 

The App may work on older iOS and Android operating systems which are not specified above. DigiBete cannot provide support for issues which occur on devices with operating systems that do not appear on the above list.

 

  1. YOUR DIGIBETE ACCOUNT

 

Inputting a verification code. Initially you will be required to input a verification code, which is a 5 digit PIN provided to you by the Clinic. You will need to confirm the name of the Clinic you are registered to and whether you are the patient or parent, carer or guardian of a minor. Once this step has been successfully completed you will be able to register for an account.

 

Registration requirements. In order to register for an account via the Platform (“Account”) and the Services you represent and warrant that you:

 

  • are at least thirteen (13) years of age; and
  • have capacity to accept and agree to these Terms.

 

Register an Account on the Platform. To register with us you are required to provide accurate and complete information, including your first and last name, email address and date of birth and any other information that we specifically request.  You must keep your Account details up to date at all times. We reserve the right to terminate any Account which (at any time) does not include a valid email as part of your Account. Your email address must be stored in the profile for your Account. Please note: this does not affect our conformity with all relevant UK laws regarding the keeping, maintenance and protection of medical/patient records.

 

Only register one Account to use the Platform. If you use multiple accounts for the Services, this will mean that information we provide to you may be inaccurate and you may put the safety and quality of your future care at risk.

 

Third party information that you provide. Where you upload any personal health information to the Platform will not be accessible by us, any third party or the Clinic, except where any of our third party software developers may need to access such information for maintenance.

 

Keep your log-in details and password confidential. Once you have set up your Account you must not disclose your log-in details or password to any third party. If you know or suspect that anyone other than you knows your user log-in details, password, you must promptly Contact Us.

 

Responsibility for your Account. You are solely responsible for all activity that occurs on your Account and you must notify us immediately if you become aware of any unauthorised use of your Account or if your log-in details are lost or stolen. We shall not be liable for any losses that you incur as a result of any unauthorised use of your Account.

 

We may monitor use. We reserve the right to monitor your use of the Platform and/or Services and to disable any user identification code or password, chosen by you, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or if we suspect any unauthorised use or misuse of the Platform and/or Services.

 

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

 

For further information about how we use your personal information please see our Privacy Policy.

 

Links to websites for other organisations. The Platform may from time to time contain links to and from the websites of our partner networks, advertisers and affiliates, including organisations you select to share your medical information with. If you follow the link to any of these websites please note that these websites have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check the policies before you submit any personal data to these websites.

 

If you do not wish to receive such communications, you may opt-out at any time via your Account settings.

 

  1. WE MAY MAKE CHANGES TO THESE TERMS

 

We may amend these Terms from time to time. Every time you wish to use our Platform, please check these Terms to ensure you understand the Terms that apply at that time. If we make any material changes to these Terms, we will try to give you reasonable notice prior to the change becoming effective via email. Any change will be effective immediately when the revised Terms are posted on the Platform. You should stop using the Platform if you do not agree to any changes.

 

These Terms were most recently updated on 19 November 2019. To obtain a historic version of these Terms please Contact Us. We recommend that you print and keep a copy of these Terms.

 

  1. WE MAY MAKE CHANGES TO THE PLATFORM AND/OR THE SERVICES AND/OR UPDATE THE APP

 

We may update and/or make changes to the Platform and/or the Services from time to time, for example, to reflect changes in your needs and/or our business priorities or any legal or regulatory changes.  We will try to give you reasonable notice of any major changes in advance.  If you are not happy with the proposed changes, then you may contact us to terminate your Account.

 

We may make updates to the App available to you from time to time. We recommend that you regularly update the App if you have downloaded a version of it to your own Device, in order to take advantage of the improvements and fixes made by these updates. You may need to update the App if you have downloaded a version of it to your own Device in order to continue to use the Services and you may have to accept a new version of these Terms when you update the App.

 

  1. WE MAY SUSPEND OR WITHDRAW THE PLATFORM

 

We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons, including (without limitation) for technical or security reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

We reserve the right to suspend or terminate your access to the Platform at any time, without notice and without us bearing any liability to you, if we reasonably believe you have breached any of these Terms.

 

  1. TEMPORARY USE LICENCE GRANTED

 

While you are logged into your Account, you are able to use the Platform and the Services for your own personal, non-commercial use only.

 

You are also granted a licence to download or stream a copy of the App (and any documents provided on or in relation to the Platform or Services) onto your Device and to view, use and display the App on such Device for your own personal, non-commercial purposes only.

 

This is a limited licence and you may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Platform, create any works based on the Platform or commercially exploit the Platform or the Services in any way. This includes (but is not limited to) selling, reselling, reproducing, duplicating or copying the Platform and/or the Services and the use of any data mining, gathering or extraction tool. Any of these uses will result in your licence being terminated and you will no longer be authorised to use the Platform or the Services.

 

  1. PROBLEMS

 

If you have any questions or problems please Contact Us.

 

  1. DISCLAIMERS

 

Medical Disclaimers: DigiBete makes no representation or warranty as to the content of any information uploaded by us or a Clinic on the Platform or from any Practitioner you see at the Clinic. Practitioners you see in the course of your healthcare treatment are not employees or contractors of DigiBete. Any views expressed or advice provided by Practitioners are not endorsed by DigiBete. You and your Practitioner are solely responsible for all information provided via the Platform.

 

You should always seek the advice of a doctor or other qualified healthcare provider regarding any medical concerns (and before starting, stopping or modifying any treatment or medication).

 

You agree to contact your GP immediately should your condition change or your symptoms worsen (if you are not registered with a UK doctor you agree to contact your local walk-in centre or hospital for advice). If you require urgent care, you should contact your nearest emergency services centre immediately.

 

Content Disclaimers: Any information on our Platform or in any communications from us is for general educational and informational purposes only and is not intended to amount to advice on which you should rely. Such information should not be relied upon as a substitute for seeking appropriate individual medical advice or services.

 

Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up to date.  We accept no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such information.

 

General Disclaimers: We make no warranty that the Platform or the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected. We are not responsible for transmission errors or any corruption or compromise of data carried over local providers.

 

We will take all reasonable precautions to protect against failure of our equipment and software and will perform regular back-ups of all data stored. You acknowledge and accept that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Platform and/or the Services.

 

We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programmes in order to access the Platform. You should use your own virus protection software.

 

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE DIGIBETE PLATFORM OR SERVICES.

 

We do not endorse the promotions, products or services of any third parties, nor do we warrant or validate the accuracy of any third party advertisements, promotions, communications or other materials. We do not assume any responsibility or liability for the accuracy of information contained on any third party web sites.

 

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

 

Any views expressed or advice provided by the Clinic are not endorsed by DigiBete. You and the Clinic are solely responsible for all information provided via the Platform.

 

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, 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; for fraud or fraudulent misrepresentation.

 

Liability for damage to your Device or digital content. If defective digital content which we have supplied damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

 

No liability for inability to use the Platform / reliance on any content.  Subject to ‘We do not exclude or limit in any way our liability to you where it would be unlawful to do so’, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising in connection with:

 

  • inability to use the Platform; or
  • use of or reliance on any content displayed on the Platform.

 

We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

  1. CIRCUMSTANCES OUTSIDE OUR CONTROL

 

We shall not be responsible if the supply of the Services is delayed or prevented by circumstances outside our reasonable control. If this happens we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or failure.

 

  1. TERMINATION OF OUR CONTRACT WITH YOU AND CONSEQUENCES

 

Our right to terminate. We may end the contract between us, terminating your right to use the Platform or the Services, if:

 

  • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example valid contact details;
  • you seriously (as determined by us) or repeatedly breach any of these Terms or our Fair Usage Policy.

 

You must compensate us if you break the contract. If we end the contract in the situations set out in the circumstances above we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

We may withdraw the Services. We may write to you to let you know that we are going to stop providing the Services. We will try to let you know in advance of our stopping the supply of the Services.

 

We will advise you of any termination or suspension via the contact email held as part of your Account.

 

Your right to terminate. You may cancel and/or cease using the Platform at any time.

 

How to terminate use of the Services and your Account.  You may terminate use of the Services and your Account via the Platform or by Contacting Us.

 

Consequence of termination. On termination of your Account for whatever reason, we have the right to delete all data, files or other information relating to you that we store or control for any reason, subject to UK law concerning the keeping and maintenance of your EMR and relevant data protection laws.  Please see our Privacy Policy for further information.

 

  1. INTELLECTUAL PROPERTY

 

We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal (non-commercial) use. 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. Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.

 

If you print off, copy or download any part of our Platform in breach of these Terms or otherwise breach our intellectual property rights, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

  1. OTHER IMPORTANT TERMS

 

We may transfer our rights and obligations 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 contract you have with us.

 

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

 

Nobody else has any rights under these Terms. No other person shall have any rights to enforce any of these Terms.

 

If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Term, that will not mean you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

Which laws apply to these Terms and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Platform and/or the Services in the English courts. If you live in Scotland you may alternatively bring legal proceedings in Scotland. If you live in Northern Ireland you may alternatively bring legal proceedings in Northern Ireland.

 

  1. DEFINITIONS

 

The following defined terms apply to these Terms.

 

Device means the computer, laptop, smartphone or tablet computer that you use to connect to the Platform.

 

Practitioner(s) means the doctor(s) or other medical practitioner(s) who give you medical advice in the course of your healthcare treatment for Type 1 Diabetes and work at a Clinic.

 

Services has the meaning set out in clause 3.

 

You means the individual using the Platform to access the Services.

 

 

 

 

SCHEDULE 1

 

Fair Usage Policy

 

Our Fair Usage Policy is designed to prevent fraud, abuse of use and to ensure that everyone who wishes to use our Services is able to access the App and share their medical information with selected organisations as fast and safely as possible.

 

Unlawful, prohibited or unusual activities (non-exhaustive list)

 

You are not permitted to (or permit anyone else to):

 

  1. a) use the Platform or Services in any unlawful or fraudulent way and/or for any unlawful, fraudulent or inappropriate purpose;

 

  1. b) use the Platform or the Services for the purpose of harming or attempting to harm minors in any way;

 

  1. c) post or transmit a message (written, verbal or via video) under a false name or use our network resources to impersonate another person or misrepresent authorisation to act on behalf of others (including but not limited to Practitioners) or DigiBete. All messages transmitted via the Platform should correctly identify the sender and you may not attempt to alter the origin of email messages or postings;

 

  1. d) allow another person or entity to use your Account, username or password), as applicable;

 

  1. e) market, promote or solicit the Services except as expressly permitted by these Terms;

 

  1. f) distribute chain letters or unsolicited bulk electronic mail (“spamming”) via the Platform, to DigiBete or to any third party allegedly on behalf of DigiBete;

 

  1. g) attempt to undermine the security or integrity of computing systems or networks of DigiBete, the Platform or any sites or platforms accessed through or via the Platform, and you must not attempt to gain unauthorised access;

 

  1. h) harvest or collect data about any other individual who uses the Platform;

 

  1. i) post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Platform and/or the Services;

 

  1. j) tamper, hack, spoof, copy, modify or otherwise corrupt or attempt to gain unauthorised access to the administration, security or proper function of the Platform and/or the Services, or the server on which the Platform or related materials are stored or any server, computer or database connected to the Platform. You will not use robots or scripts with the Platform;

 

  1. k) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by this Platform. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting;

 

  1. l) upload or provide any information to the Platform or any Practitioner in breach of any third party’s intellectual property rights and/or any obligation of confidentiality or contractual duty owed to any third party; or

 

  1. m) reproduce, duplicate, copy or sell any part of the Platform in contravention of the provisions of our Terms.

 

Breach of this Fair Usage Policy

 

When we consider that a breach of this Fair Usage Policy has occurred, we may take such action as we deem appropriate.

 

Failure to comply with this Fair Usage Policy constitutes a material breach of our Terms upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions (at our sole discretion):

 

  • Deletion of any information provided by you that we deem in our sole discretion to be fraudulent, abusive, defamatory, obscene or in violation of any third party intellectual property right.
  • Suspension or termination of your Account for the Services. Where we consider it reasonable and at our complete discretion, we may provide you with a notice of improper behaviour before suspending, terminating or offering alternative Services, as we deem appropriate.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

 

We exclude our liability for all action we may take in response to breaches of this Fair Usage Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

 

 

 

 

 

 

 

 

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