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Last updated: September 15th, 2021

THESE TERMS ARE A BINDING LEGAL AGREEMENT BETWEEN YOU AND TiC LIMITED.

BY PROCEEDING TO USE THE HOSPITAL TO HOME APPLICATION YOU ARE AGREEING TO BE BOUND BY THEIR TERMS, SO PLEASE TAKE TIME TO READ THEM CAREFULLY AND IN FULL BEFORE ACCEPTING THEM AND USING THE APPLICATION.

IN PARTICULAR, YOUR ATTENTION IS DRAWN TO CLAUSES 6, 8, 11 and 15 of this EULA.

IMPORTANT WORDS AND DEFINITIONS

In this EULA, the following words have the following meanings:

“Application” means the Hospital To Home application, version 1.0 or later, which may be made available as a web software application accessed via an internet browser and used from a desktop or laptop computer or mobile device.

“Device” means a mobile telephone with internet functionality, or a computing device with internet functionality (such as a touchscreen ‘tablet’ or desktop or laptop).

“TiC” means TiC Limited, a company registered in England and Wales with registration number 13239968.

“Online Specification” means any technical specification of the Application’s functionality or similar details which may be posted on our Website or made available via the Application from time to time.

“Services” means the functionality of the Application offered to Users.

“Subscription Fee” means the fee payable to TiC for use of the Service.

“User” means any individual who registers an account on the Application; and terms such as “Users” shall be interpreted accordingly.

“Website” means https://www.hospital-to-home.uk

Where this end-user licence agreement (the “EULA”) refers to “you” or “your” it means the individual or organisation accepting this EULA; where it refers to “us”, “our” or “we” it means TiC.

Compatibility Notice

The Application is designed to work on modern versions of internet browsers (for example Internet Explorer 10 or later).

Agreed terms

1. Acknowledgements

• The terms of this EULA apply to the Application and to any updates or supplements to the Application, unless such additions are provided pursuant to separate terms, in which case those terms shall If any open-source software is included in the Application or any Service, the terms of an open-source licence may override some of the terms of this EULA.
• We may change these terms at any time without Any such changes shall take effect on the next occasion that you make use of the Application. Any such new terms may be displayed on-screen when you next use the Application and you may be required to read and accept them in order to continue your use of the Application.
• Use of the Application by you is governed by the terms of this EULA but may also be subject to any rules or policies applied by your employer organisation.
• From time to time updates to the Application may be issued.
• You will be assumed to have obtained permission from the owners of any mobile telephone or handheld devices or computer that are controlled, but not owned, by you which you may use to access or use the You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Application on any such Device, whether or not it is owned by you.
• The terms of our Privacy Policy (the “Privacy Policy”) are incorporated into this EULA by reference and apply to your use of the You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Application may be read or intercepted by third parties, even if a particular transmission is encrypted.
• By using the Application or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. If you have consented, we may contact you from time to time by email, telephone, post or SMS with information about goods or services that may be of interest to you. You may unsubscribe at any time by emailing hospitaltohome@tech-in-care.uk.
• The Application or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party 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 Third-party Sites, including the purchase and use of any products or services accessible through them.
• Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2. Grant and scope of licence

• In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the Application on your Devices, subject to these terms and the Privacy Policy. We reserve all other rights.
• You may only use this Application strictly in accordance with the terms of this EULA.

3. SUBSCRIPTION Fee and payment

• Some parts of the Service are billed on a Subscription Fee basis (“Subscription”). You will be billed annually in advance on a recurring and periodic basis (“Billing Cycle”).
• At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or TiC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting TiC customer support team at hospitaltohome@tech-in-care.uk.
• A valid payment method, including credit card or PayPal, is required to process the Subscription Fee for your Subscription. By submitting such payment information, you automatically authorise TiC to charge all Subscription Fees incurred through your account to any such payment instruments.
• Should automatic billing fail to occur for any reason, TiC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
• TiC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). In these circumstances, you may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by TiC until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription Fee for the type of Subscription you have selected.
• At any time and without notice, TiC reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
• TiC in its sole discretion and at any time, may modify the Subscription Fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
• TiC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
• Your continued use of the Service after the Subscription Fee change comes into effect constitutes your agreement to pay the modified Subscription Fee amount.
• Except when required by law, Subscription Fees are non-refundable.

4. Licence restrictions

Except as expressly set out in this EULA or as specifically permitted by any local law, you agree:

• not to copy the Application except where such copying is incidental to normal use of the Application, or where it is necessary for the purpose of back-up or operational security;
• not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application;
• not to make alterations to, or modifications of, the whole or any part of the Application, or permit the Application or any part of it to be combined with, or become incorporated in, any other programs;
• not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Application or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Application with another software program, and provided that the information obtained by you during such activities:
  • is used only for the purpose of achieving inter-operability of the Application with another software program;
  • is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
  • is not used to create any software that is substantially similar to the Application;
• not to provide or otherwise make available the Application in whole or in part (including object and source code), in any form to any person without prior written consent from TiC; and
• to comply with all technology control or export laws and regulations that may apply to the technology used or supported by the Application or any Service.

Together such conditions the “Licence Restrictions”.

5. Acceptable use restrictions

As a condition of being granted access to the Application and the Services all Users agree that they shall:

• not to use the Application or any Service if they are under the age of 13.
• not use the Application or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Application, any Service or any operating system;
• not use the Application to offer, solicit, arrange, or engage in, any kind of activity or arrangement which is or which would be unlawful, or which that User does not possess all necessary regulatory permissions to lawfully perform;
• not use the Application to offer, solicit, or otherwise facilitate any form of sexual contact or encounter between themselves and any other User;
• not use the Application to promote the goods or services of a third party;
• not to use the Application to send communications that would be considered to be spam;
• not infringe our intellectual property rights or those of any third party in relation to your use of the Application or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
• not upload to the Application any data, material or information which is false or misleading in any way;
• not use the Application or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect, extract or harvest any information or data from the Application, any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Users further agree that they shall at all times:

• treat all other Users with respect and courtesy at all times;
• respect the diversity of other Users and their opinions, thoughts and beliefs;
• refrain from transmitting any material that is defamatory, offensive or otherwise objectionable via the Application; and
• refrain from using the Application for any unlawful purposes in relation to other users, including without limitation for stalking, harassing, or intimidating any other User;

Together such conditions the “Acceptable Use Restrictions”.

6. Intellectual property rights

• You acknowledge that all intellectual property rights in the Application and the Online Specification anywhere in the world belong to us or our licensors, that rights in the Application are licensed (not sold) to you, and that you have no rights in, or to, the Application other than the right to use it in accordance with the terms of this EULA.
• You warrant that you have all necessary rights to upload and use any material which you may enter into or upload to the Application (or the servers which underpin its use) and to grant TiC all necessary rights to use the same for such purposes as it may see You further warrant and undertake to indemnify and hold harmless TiC from any breach by you of this clause 6.2.
• You acknowledge that you have no right to have access to the Application in source-code form.

7. Warranty

• We warrant that:
  • the Application will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Online Specification; and
  • that the Online Specification correctly describes the operation of the Application in all material respects, for a period of 7 days from the date on which the Application is downloaded or streamed to your Device.
  • The warranty does not apply:
    • if the defect or fault in the Application or any Service results from you having altered or modified the Application;
    • if the defect or fault in the Application results from you having used the Application in breach of the terms of this EULA; and
    • if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
  • If you are a consumer, this warranty is in addition to your legal rights in relation to software that is faulty or not as Advice about your legal rights is available from your local Citizens’ Advice or Trading Standards office.
  • TiC makes no warranty that the Application will be available at all times, or that provision of it will be uninterrupted or error Save for as expressly set out in these terms, no implied warranties or other terms, including any implied term relating to satisfactory quality or fitness for purpose, shall apply to the Application or its use by you.

8. Limitation of liability

• You acknowledge that the Application has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Application as described in the Online Specification meet your requirements.
• You acknowledge that TiC does not review user postings, ratings, representations, comments or other uploaded content. Accordingly you agree that TiC shall not be liable or responsible for any such user-generated content.
• We shall only be responsible for loss or damage you suffer that is a direct and foreseeable result of our breach of this EULA or our negligence up to the limit specified in clause 4, but we are not responsible for any indirect, consequential or unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach at the time we entered into this EULA with you. Further, TiC shall not in any circumstances be liable for any loss of profit, loss of business, loss of contracts, or loss of business opportunity that you may suffer as a result of your use of the Application, whether such loss arises directly, indirectly or otherwise.
• Our maximum aggregate liability under or in connection with this EULA and your use of the Application whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the total value of the Subscription Fee paid to TiC in the 12 month period preceding the event in respect of which your entitlement to such a sum became This does not apply to the types of loss set out in clause 8.5.
• Nothing in this EULA shall limit or exclude our liability for:
  • death or personal injury resulting from our negligence;
  • fraud or fraudulent misrepresentation; and
  • any other liability that cannot be excluded or limited by English

9. Termination

• We may terminate this EULA immediately by written notice to you:
  • if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 7 days after the service of written notice requiring you to do so;
  • if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;
  • if TiC has any reason to suspect that your use of the Application is unlawful, or that it would bring TiC and/or other users or the Application into disrepute; and
  • if TiC withdraws the Application from service, or otherwise reorganises or restructures its business so as to necessitate the termination or suspension of provision of the Application to you.
• On termination for any reason:
  • all rights granted to you under this EULA shall cease;
  • you must immediately cease all activities authorised by this EULA, including your use of any Services; and
  • you must immediately delete or remove the Application from all Devices, and immediately destroy all copies of the Application and Online Specification then in your possession, custody or control and certify to us that you have done so.
• In addition to its rights set out above TiC shall have the right to suspend your use of the Service immediately if it has any reason to suspect that you have breached the terms of this EULA or have otherwise acted in a fashion which it considers may bring or has brought its reputation into disrepute.

10. Communication between us

• If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to hospitaltohome@tech-in-care.uk.
• If we have to contact you or give you notice in writing, we will do so by e-mail, via the Application, or by pre-paid post to the address you provide to us in your request for the Application.

11. Events outside our control

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (each an “Event Outside Our Control”).
• If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
  • our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
  • we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

12. Indemnity

• You undertake to indemnify and hold TiC harmless in respect of all costs, charges, damages or losses which it may suffer in relation to your use of the Application, including in relation to (a) any content which you may upload to the Application or any interaction you may have with any other user of the Application; (b) any breach of these terms; and (c) your use and access of the Application, by you or any person using your account and password.

13. Other important terms

• We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
• You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
• If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
• Each of the conditions of this EULA operates If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
• Please note that this EULA, its subject matter and its formation, are governed by English You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
• The use of this Application is lawful in England and Wales. Should you choose to use the Application anywhere else in the world you are responsible for checking local law and ensuring your compliance.