Dip.io - Terms and conditions
LAST UPDATED: April 5th, 2020
IMPORTANT: Please carefully read the terms and conditions of this end user license agreement.
Accepting the Terms and Conditions of Use.
Thank you for downloading the Healthy.io app (the “App”). Please read these terms and conditions carefully before using this app, the urine test kit (the “Kit”) or any part of the related services, as they constitute a legally binding agreement between you and Healthy.io (UK) Ltd. (“Healthy.io”, “Us”, or “We”), and check them periodically for changes.
ANY USE OF THE APP, THE KIT OR ANY OF THE SERVICES AVAILABLE FROM TIME TO TIME ON OR IN CONNECTION WITH OUR KITS OR APPLICATIONS (COLLECTIVELY, THE “SERVICE”), IS SUBJECT TO AND CONDITIONAL UPON AGREEMENT TO AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (THE “AGREEMENT”). BY USING THE SERVICE YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT, AND THAT (i) YOU ARE OF LEGAL AGE AND CAPACITY TO FORM A BINDING CONTRACT AND (ii) YOU ARE BASED IN THE UNITED KINGDOM.
We may change the terms of this Agreement from time to time by posting notice on the App. Please periodically check. Your continued use of the Service shall constitute your consent to any changes made. If you do not agree to the new terms, you should not use the Service.
DISCLAIMER: THE SERVICE DOES NOT, IN ANY WAY, CONSTITUTE MEDICAL ADVICE OR A SUBSTITUTE FOR SEEKING PROFESSIONAL ADVICE OR SERVICES. DO NOT USE THIS APP FOR SELF-DIAGNOSIS OR SELF-MEDICATION. WE EMPHASIZE THAT WE ARE NOT IN ANY WAY A HEALTH SERVICE PROVIDER OR A MEDICAL ORGANIZATION AND CANNOT GIVE OUT MEDICAL ADVICE OR DIAGNOSIS. ALWAYS SEEK YOUR DOCTOR'S ADVICE FOR ANY MEDICAL QUESTIONS YOU MAY HAVE. RELYING ON INFORMATION PRESENTED IN THIS APP IS AT YOUR OWN RISK.
- The Service
1.1 Access and use of the Service is permitted only for your own personal use and only as long as you are in compliance with this Agreement.
1.2 We may for any or no reason, in our sole discretion and without notice or liability to you or any third party, refuse Service or terminate the Service at any time, and may immediately suspend or terminate your account (if any) and block any and all current or future access to and use of the Service (or any portion thereof), without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, Our determination that you violated the letter or spirit of this Agreement or an infringement of the rights of others or any applicable laws or regulations.
1.3 You acknowledge that we may, in our sole discretion and at any time(s), change or discontinue providing any part of the Service. In addition, We may, from time to time, perform maintenance upon the Service resulting in interrupted service, delays or errors in the Service.
1.4 Although we try to make the Service always available to you, We cannot make any guarantee and will not be held liable for any service disruptions, whether temporary or not.
- Submission of Content
As a condition use the Service you warrant and represent that (i) you are at least eighteen (18) years of age; (ii) you are based in the United Kingdom, and (iii) you have all necessary right, power and authority to enter into and perform under this Agreement. You are entirely responsible for all your use and consequences of using the Service and submitting your urine results on the Service.
- General User Conduct
In connection with the Service, you agree (i) to abide by all applicable laws and regulations, (ii) only make use of information that you own or have a right to use, and (iii) only act appropriately. Without limiting the above, you may not:
o Allow or facilitate a third party, to violate or infringe any rights of Us or others or our policies or the operational or security mechanisms of the Service.
o Use the Service in any way that restricts or inhibits the use of the Service.
o Alter, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Service (including without limitation trademarks, service marks and logos contained in the Service (“Marks”) but excluding Content provide entirely by you).
o Access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service or any of the Service's security and traffic management devices.
o Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Service, submit Content, or monitor or scrap information from the Service.
o Create or provide any other means through which the Service may be accessed, for example, through server emulators, whether for profit or not.
- Proprietary Rights
The App, including without limitation the Marks, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to the App and as a collective work or compilation, pursuant to laws and international conventions. You acknowledge and agree that we (or its licensors) own and will own all intellectual property rights in or relating to the Service, the App and our Marks. Any rights to the App, Marks or Service not expressly granted herein are reserved by Us. We make no claim of ownership as to the trademarks of any third party linked or displayed on the Service, or with respect to any publisher or publication mentioned on the Service.
- Links to Other Websites and Applications
The Service contains certain third-party software, including such that are licensed under Open Source licenses. Such third party software is provided "As-Is" without any warranties of any kind whatsoever, and such software is also subject to all the terms and conditions required by the respective third-party. The list of the applicable notices and licenses relevant to the third party software, including the software licensed under Open Source licenses, can be found here.
You grant to Us a royalty-free right to use your data and content in order to provide and improve the Service in accordance with this Agreement.
- Data Protection and Privacy Statement
For the purposes of the Data Protection Act (2018) and the European General Data Protection Regulation (2016) Healthy.io is a Data Processor, and the healthcare provider who referred you to the App/Service is the Data Controller. These roles have different responsibilities under data protection law.
The Data Controller is responsible for determining the purposes and means of the processing of personal data. They are required to inform the Data Subjects (you) about the data processing, ensure it is secure, prevent any unlawful access, modification, loss or destruction to your data and allow data subjects the opportunity to exercise their rights and freedoms afforded by data protection law.
As a Data Processor, Healthy.io processes your personal data under the terms of a contract between Us and the Data Controller (your healthcare provider). This is to ensure your personal data is processed lawfully and securely. This defines the purpose, duration and nature of processing, the type of data, categories of recipient and the plan for returning and/or destroying personal data at the end of the contract. Healthy.io cannot operate outside of this contract and must follow the instruction of your healthcare provider.
If you would like to find out more about how your information is processed, access a copy of your data, update any details, or any other request, these need to be directed to your healthcare provider.
If you have any concerns with how your data is being used, you can contact your healthcare provider or raise a concern with the Information Commissioners Office (ICO) who are the data protection regulator for the United Kingdom. Please see the ICO website for more details.
- Disclaimers of all Warranties
THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, WE AND OUR SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE OR USE AND SATISFACTORY QUALITY, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
- Limitation of Liability
9.1 NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY WHICH CANNOT LEGALLY BE LIMITED.
9.2 SUBJECT TO SECTION 9.1:
9.2.1 NEITHER WE OR YOU SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSSES, AND ANY LIABILITY WE OR YOU HAVE SHALL BE LIMITED TO FORESEEABLE LOSSES;
9.2.2 WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE OR DELAY OF THE SERVICE THAT IS CAUSED BY EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS (WITHOUT LIMITATION) YOUR DEVICE HAVING A SLOW OR WEAK INTERNET CONNECTION, OR YOUR FAILURE TO FOLLOW THE USER INSTRUCTIONS ACCOMPANYING YOUR URINE TEST KIT AND/OR PROVIDED TO YOU THROUGH THE APP; AND
9.2.3 OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED £100.
- Governing Law and Exclusive Courts
This Agreement will be governed by laws of England and Wales and subject to the exclusive jurisdiction of the courts of England.
This Agreement comprises the entire agreement between you and Us, and state our and our suppliers' entire liability and your exclusive remedy with respect to the Service, and supersede all prior agreements pertaining to this Agreement's subject matters. If any provision of this Agreement is held to be contrary to law, such provision shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. Our suppliers are third-party beneficiaries of this Agreement. This Agreement, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Us to a successor of all or substantially all of Our business or assets.
Copyright © 2020, Healthy.io (UK) Ltd. All rights reserved.