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TERMS AND CONDITIONS

OF THE IMPLI APP

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APP

  1. Who we are and how to contact us​​

    1. The App allows users to set up and subsequently edit their account details, to upload, store and amend information and documents relating to their health (“Health Data”), and to grant third-parties access to the Health Data (together, the “Services”).

    2. Access to and use of the App and the Services shall be at all times strictly subject to the terms and conditions of use set out herein (these “Terms”). Once you have accepted these Terms you must set up an account to use the App by providing the information requested.

    3. These Terms (together with any further documents or policies expressly referred to herein) set out the legal terms and conditions on which we operate the App and provide the Services. By using the App, you (“you”) confirm that you accept and agree to be bound by the Terms in relation to your access to and use of the App, the Services and any further content or External Materials (as defined in clause 10.3 below) provided to you through the App. If you do not accept and agree to these Terms, you must not access or use the App or the Services. We recommend that you print a copy of these Terms for your future reference.

    4. A full list of the defined terms used in these Terms can be found at clause 13 below.

    5. If you have any questions, complaints or suggestions in relation to the App, the Services or these Terms, please contact us by email on info@impli.org, by calling us on +44 (0)20 3290 7704 or via our website at www.impli.org/support.

  2. We operate the ImpliMedID mobile application (the “App”).

  3. We are Impli Limited, a company registered in England and Wales under company registration number 11941764 and our registered office is at 7th Floor Riverbank House Putney Bridge Approach London SW6 3BQ England (“Impli”, “we”, “us”).

  4. Further terms that may apply to you

    1. Your use of the App, the Services and any products made available or sold by us (our “Products”) will be subject to any supplementary terms and conditions which are stated to apply from time to time, in addition to these Terms, including but not limited to:

      1. our privacy policy setting out the storage and processing of your personal data arising out of or in connection with your use of our Products, our website, the App and the Services;

      2. our website terms and conditions relating to your use of our website and purchase of our products; and

      3. any terms and conditions relating to the implanting of any of our Products, as stipulated by the third party registered medical professional who will carry out the implanting process (for the avoidance of doubt, Impli shall not be not responsible for implanting any of our Products, nor are we responsible for any loss or damage caused by third parties in connection with or arising out of the implantation of any of our Products).

  5. Changes to these Terms

    1. We may amend these Terms from time to time. Every time you wish to use the App and/or access the Services, please check these Terms to ensure you fully understand those that apply at that time.

  6. Changes to this App

    1. We fully reserve our right without limitation (and without liability to you or any third party) and without notice to develop, modify, add to, remove from, suspend, or discontinue temporarily or permanently the whole or part of the App and/or the Services from time to time.

    2. Further, we do not guarantee that the App, the Services, or any further content (including the External Materials) on the App, will always be available or be uninterrupted.

  7. Intellectual Property

    1. Save for the Health Data (which shall remain at all times your property), the Intellectual Property Rights in all software, text and visual content made available to you on this App remains at all times the property of Impli (and/or its licensors). Such rights are protected by copyright laws and treaties around the world. All rights are expressly reserved by Impli (and its licensors).

  8. Use of the App

    1. The App and the Services have not been developed to meet your individual requirements. Please ensure that the facilities and functions of the App and the Services meet your requirements. If you are in any doubt, please contact us using the details set out at clause 1.7.

    2. In using the App and/or the Services, you may not:

      1. act 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;

      2. infringe our Intellectual Property Rights or those of any third party in relation to your use of the App or any Service;

      3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

      4. 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; and

      5. collect or harvest any information or data from the App or any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

    3. Any breach of this clause 6 will result in your right to use this App ceasing automatically and with immediate effect and may result in legal action being taken against you.

  9. Technical Data

    1. By using the App or the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

  10. App security and misuse of this app

    1. You are responsible for configuring your device to access our App. We will not be liable for any loss or damage caused due to your use of this App and/or the Services.

    2. If you know or suspect that anyone other than you knows your username or password to the App, you must promptly reset your password to something only you know.

    3. 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.

  11. Your privacy

    1. Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy  and it is important that you read that information.

    2. If you would like us to delete your Health Data or any other personal data we may hold as the result of your use of the App and/or the Services, please let us know as soon as possible by contacting us on data@impli.com or by deleting your account on the App. Please note that deleting the App from your device will not erase your personal data.

  12.  Disclaimer and liability

Please read this clause carefully as it sets out the limits of our liability to you in relation to your use of the App.

  1. You are responsible for ensuring that any Health Data relating to you and accessible via the App is up to date and accurate at all times. We shall not be liable for any loss or damage caused by your failure to maintain the accuracy or completeness of your Health Data.

  2. Whilst we make reasonable efforts to update the App, the App is provided ‘as is’ and, to the extent permitted by law, we make no representations, warranties or guarantees, whether express or implied (including but not limited to the implied warranties of satisfactory quality and fitness for particular purpose), that your access to, or use of, the App and/or the Services will be uninterrupted or completely secure (and we will not be liable or responsible for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device, computer equipment, computer programs, data or other proprietary material due to your use of the App and/or the Services).

  3. The App and the Services may contain links to and embed content from third-party websites, platforms and/or resources. You acknowledge and agree that Impli does not control or endorse, and is not responsible for, any content, advertising, products, services or other materials on, transmitted from or available through such third party websites, platforms and/or resources (collectively “External Materials”), including without limitation the accessibility, accuracy, non-infringement, legality, decency, or any other aspect of the External Materials. The use of and access to such External Materials may be subject to different terms of use and privacy policies, which you are responsible for reviewing and complying with. You further acknowledge and agree that Impli shall not be liable for any damage or loss caused by or resulting from the access to, use of or reliance on any External Materials.

  4. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under the laws of England and Wales.

  5. Subject to clause 10.4, we will not be liable or responsible for:

    1. any loss or damage not caused by our breach of these Terms;

    2. any business loss (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure);

    3. any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the App and/or the Services (loss or damage is ‘foreseeable’ if it was an obvious consequence of our breach of these Terms or if they were contemplated by you and us at the time you commenced using the App and/or the Services);

    4. any loss or damage arising form an inability to access and/or use the App and/or the Services in whole or part.

  1. Legal Disputes

    1. We would rather attempt to resolve any dispute with you through good faith discussions before resorting to legal proceedings. Therefore, if you have any issue or complaint in relation to the App, the Services or these Terms, please write to us using the address in clause 1.1 or the contact details in clause 1.7 above.

    2. These Terms are governed by the laws of England and Wales. This means that any dispute or claim arising out of or in connection with these Terms will be governed by the laws of England and Wales. You and we agree that the courts of England and Wales will have exclusive jurisdiction.

  2. General

    1. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.

    2. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

    3. Even if we delay in enforcing any of 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 you breaching them, 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.

  3. Glossary

    1. The following definitions can be found in the relevant clauses, or as set out below:

“App”: see clause 1.2;

“Impli”, “we” “us”: see clause 1.1;

“External Materials”: see clause 10.3;

“Health Data”: see clause 1.3;

“Intellectual Property Rights”: means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights including all rights in the graphic, photographic and textual content on the App, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.;

“Products”: see clause 2.1;

“Services”: see clause 1.3 ;

“Terms”: see clause 1.4; and

“you”: see clause 1.5.

Last updated: 13 December 2019