Application End-User Licence Agreement
PLEASE READ THESE LICENCE TERMS CAREFULLY
You should read these terms, and any associated terms, carefully before using Doccoms services as they set out the basis on which we provide services to you. If you do not accept these, or any associated terms, then you should not use the services provided within the app.
By using the app, you are agreeing to these terms, along with the following additional terms, which also apply and shall be incorporated into our contract with you:
- The additional website Terms & Conditions which apply to NHS or Private Practice Medical Professionals.
Who we are and what this agreement does
We, Doccoms, trading name of RMJ Clinical Solutions Limited of Office 2, Tweed House, Park Lane, Swanley, United Kingdom BR8 8DT license you to use:
- Doccoms mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
- The related online documentation (Documentation).
- The services you connect to via the App and the content we provide to you through it (Services).
as permitted in these terms.
This App, and the Services, shall only be used by licenced medical professionals, medical students and registered healthcare professionals involved directly with in-patient care; within any NHS trust, an organisation affiliated with the NHS, such as a General Practice surgery or a private hospital.
This App and its Services are intended for users in the United Kingdom. We do not represent that content available on or through our App is appropriate for use or available in other locations. Accessing the App from territories where any content and/or Services may be illegal is strictly prohibited.
By downloading and using this App you represent and warrant that you are a licenced medical professional as described above, and that the information you provide is accurate, not confidential and free from any contractual restrictions.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. If you are using the App as a medical professional, then you must comply with the following usage terms:
- You must ensure that you check for false identities and that the person you are messaging or receive messages from, is who you think it is.
- You are responsible for checking the addresses to which you are sending a message, are correct.
- Messages should only include personal data if necessary to the recipients understanding of the message. Personal data should only be sent in the course of providing healthcare.
- You should avoid sending sensitive personal data or expressing views and opinions on, for example, religious beliefs, racial origin, sex life.
- Wherever possible in general chat, patient names should not be included in data sent.
- You should update the official patient record in your ordinary manner with any pertinent information communicated using the App.
- You must not use the service to send patient records.
- Each message should comply with your employer’s information governance policy including all recommendations for best practice.
- You should delete from your device any message which is no longer needed for doing your job.
- You should log out of the App whilst not at work.
- You should not try to transfer or copy any text or picture from the device on which it has been received, (other than by using a pen and paper).
- You must keep your log in details confidential and secure.
- If the App has been recommended to you by your employer (or the person to whom you provide your services) then you must comply with its policies and guidelines including those relating to confidentiality (which may be contained in its information Governance policy).
- You must notify us by emailing firstname.lastname@example.org when you delete our App if you would like us to delete your profile from your servers. Any images should be downloaded within the timeframe allowed by Doccoms.
By using the App and the Service you confirm that you are a data processor/controller for the purposes of data protection legislation, and you acknowledge that this means that you have legal responsibilities in relation to the personal data sent using our service.
Additional terms for specific Services
Apple’s and Google’s terms also apply
The ways in which you can use the App and Documentation may also be controlled by the Apple and Google’s rules and policies, the rules and Policies that relate to Apple and Google can be found on their respective websites. Where there are differences between the two, the rules of Apple and/or Google shall apply instead.
Operating system requirements
This app requires a mobile telephone or handheld device equipped with iOS 10.0 and above or Android 5.1 and above and a minimum of 16GB of memory. This does not mean that the app would not work on earlier devices but this is not guaranteed.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or the Service or have any problems using them, please take a look at our support resources at www.doccoms.com or alternatively you can e-mail us on email@example.com.
Contacting us (including with complaints).
If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org
How we will communicate with you.
We will communicate with you through e-mail and notices posted on www.doccoms.com or through any other means available through the Service, including texts and other forms of messaging. You can change your e-mail and contact preferences at any time by sending a request to email@example.com.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
- download a copy of the App onto one device per registered e-mail and view, use and display the App and the Service on such devices for medical communication, between the NHS and/or its affiliates, only. Please contact us should you wish to share the app with others.
- use any Documentation to support your permitted use of the App and the Service; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
You must be 18 to accept these terms and buy the app
You must be 18 or over to accept these terms and buy the App.
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service as set out above, “how you may use the app”. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or new services that we develop.
We will give you at least 14 days’ notice of any change with details of the change by way of a notice on our website or notify you of a change when you next start the App. Any change will be effective immediately when the terms are updated.
If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features or services may not be available to you.
Update to the App and changes to the Service
For as long as we continue to offer the Service, we shall provide and seek to update, improve and expand the Service. This means that from time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We therefore recommend that you regularly update the App in order to take advantage of the improvements that we offer from time to time.
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 and the Services. If you are not happy with the proposed changes, then you may contact us to terminate your agreement.
The App will always work with the current or previous version of the operating system as it may be updated from time to time.
Unless explicitly stated otherwise, any new features, or improvements to the App that augment or enhance our Services are subject to these terms.
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We may collect technical data about your device
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App, including data that you first provide at the time you sign up to the App, on and related software, hardware and peripherals to improve our products and to provide any services to you.
We may collect location data (but you can turn location services off)
Certain services 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 us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings on your device.
We are not responsible for other websites you link to
The App or any Service may contain links to other third party independent websites which are not provided by us. We are not responsible for the availability of external websites or resources linked to our App or Services, and we do not endorse and will not be responsible or liable for any content, advertising, products or any other services that are available on such websites or resources.
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. Any transactions for the provision of services or goods that may occur between you and any third party are strictly between you and the third party.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, Documentation or Services, 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, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programme, except as necessary to use the App and the Services 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 or the Services 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 (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;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
Electronic Medical Records
The use of Doccoms App and its Services creates electronic medical record (EMR) for you to document, store and access patient’s personal health information online, including medical history, current health conditions, symptoms, complaints and medication. You confirm that while using the App and its Services you will always record accurate information of your encounter with the patient, and/or any related communication with other Users in accordance with your obligations under applicable UK law.
We are not responsible for maintaining a complete record of all data arising from use of the Services.
- not use the App or any Service 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, any Service 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 any Service, including by the submission of any material (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 any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
- not post, upload, e-mail, transmit or otherwise distribute content that infringes the privacy rights of others;
- not post, upload, e-mail, transmit or otherwise distribute content that is unlawful, harmful, defamatory, harassing or ABUSIVE TO any other person;
- not keep the App open or logged in while it is not in use;
- not store or download any users or patients’ personal data that is no longer used or needed by you;
- ensure the accuracy of personal data of all users with whom you connect;
- not impersonate another person or entity; and
- not create names, or post, solicit, or send messages or photographs that are sexually explicit that harm, abuse or threaten others in any way.
You further confirm that any information you provide on the App and within its Service, and the use of the App and Services will not infringe or facilitate infringement of any copyright, patent, trade mark, or any privacy rights of others.
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you
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 these terms 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 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.
When we are liable for damage to your property. 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.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
No liability for inability to use the App. We will not be liable to you for any loss or damage, whether in contract, or in tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising in connection with:
- Inability to use the App and/or its Services;
- Use of or reliance on any content displayed on the App and/or its Services.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We are not liable for business losses. We only supply the Services as a direct communication platform for individual medical professionals as defined above, “Authorised Users”. 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.
We may end your rights to use the App and the Services if you break these terms
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- 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.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
Your right to terminate
You may cease using the App and/or its Services at any time.
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 contract you have with us.
We do not guarantee that the Services that we provide within the App will function without interruption or errors in functioning. In particular, the operation of the App may be interrupted due to maintenance, updates to the App, or network services. We will aim to keep Services within the App available 24 hours a day, 7 days a week. However, neither we nor our suppliers make any warranty whatsoever that the operation of Services will be uninterrupted, 100% secure, error free, meet your requirements or that any defects will be corrected.
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 in writing.
No rights for third parties
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.
If a court finds part of this contract 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 this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it 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 breaking this contract, that will not mean that 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 this contract and where you may bring legal proceedings
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.