WEBSITE & MOBILE APPLICATION TERMS AND CONDITIONS
These Terms and Conditions govern your (“your” and “you” refer to you and any person for whom a registered account has been created by you, or who uses the site on your behalf) use of the Pow Health website and mobile application (the “Site”) and your relationship with Pow Health Limited (“Pow Health”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law.
If you do not agree to these Terms and Conditions, please do not register for or use the Site. If you have any questions on the Terms and Conditions, please contact us.
- We offer a free service for patients and their carers to share health experiences with other users of this Site in order that they can understand more about their condition. We will notify users of any changes to these Terms and Conditions.
- We do not provide medical advice – you must always seek professional medical advice. In an emergency, always telephone the emergency services.
- This Site is only a platform for users to share information – we do not provide any information and we are not responsible for information on the Site.
- In order to fund this Site and continue to improve it for our users, we work with carefully selected research partners and may share your health experience data with them, in a non-identifiable form, to develop new insights and treatments. These partners may include patient charities, healthcare bodies, hospitals, academic bodies, pharmaceutical and other research organisations. The results of this research may be shared with users from time to time. Importantly, no personal identifiable information is ever passed onto research partners without your express permission.
- You must not rely on the assistance tools on the Site for any aspect of your treatment.
We do not provide medical advice. You must always seek professional medical advice. In an emergency, always telephone the emergency services.
Use of the Site
To register on the Site you must be over fifteen years of age. Minors are able to register to use the Site with the consent of a parent or guardian.
You may opt to register through trusted identity providers, such as Google, Facebook, Twitter, Windows Live, Yahoo, and others, using an existing registration that you may have. This will simplify the registration process, but there will still be some additional details for you to complete.
You must ensure that the details provided by you on registration (including details obtained indirectly about you through your chosen identity provider, if applicable) or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
Doctors and Carers
As part of the registration process, you will be asked whether you are a patient, a carer (“Carer”), or a doctor, nurse or other healthcare professional (“Healthcare Professional”).
Carers can interact with the Site on behalf of a patient that they are caring for.
If you are a Healthcare Professional, there may be additional invitation and/or validation processes for you to join the Site. If you are a patient or Carer and wish to invite a Healthcare Professional into the Site to view your data, please ensure you comply with the instructions on the Site that explain how to do this.
Password and Security
When you register to use the Site and do not use login details from an existing identity provider, you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting [insert email address or other contact details] immediately. We will not be responsible for any loss or misuse of your password, unless caused by us. You should also not share the login details for any identity provider that you use, since this information could be used to access your account on this Site.
If we have reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.
Your use of the Site
Your use of the Site You are responsible for the content you place on the Site. Please ensure that it is accurate and correct at all times. You may not use the Site for any of the following purposes (“Prohibited Activities”):
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
- interfering with any other person’s use or enjoyment of the Site;
- assuming the identity of another person;
- attempting to clinically diagnose yourself;
- disseminating identifiable personal data through the Site, for instance typing your telephone number into public comments;
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
- prescribing treatments to other users; or
- for commercial or business purposes, including the sale or promotion of any products.
You will be responsible for our losses and costs resulting from your use of the Site for any of the Prohibited Activities. We may immediately suspend or terminate your use of the Site if you do (or we believe that you have done) any of the Prohibited Activities.
Availability of the Site
Although we aim to offer you an excellent service, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the Site will be fault-free. If a fault occurs in the Site you should report it using our feedback form on the Site and we will attempt to correct the fault.
Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore access to the Site quickly.
Pow Health’s right to suspend or cancel your registration
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
The suspension or cancellation of your registration and your right to use the Site shall not affect your or our statutory rights or liabilities.
Pow Health’s Liability
The Site includes content from, and/or links to, other internet sites or resources and while Pow Health tries to ensure that material included on the Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If Pow Health is informed of any inaccuracies in the material on the Site, we will attempt to correct the inaccuracies.
We will only be responsible for any losses that you suffer as a result of use of the Site to the extent that (a) they are a foreseeable consequence to both of us and (b) our liability for such losses has not been excluded in these Terms and Conditions. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
The Site only provides a platform for dialogue between users. We do not review or control the information made available by users on the Site. No content on the Site should be taken to be advice by Pow Health or to reflect the views or opinions of Pow Health.
Pow Health makes no warranties or representations of any kind as to the accuracy, completeness, reliability, operability, or legality of information or opinions contained or expressed within the Site.
The above statements as to liability shall not limit or affect our liability if something we do negligently causes death or personal injury.
As a convenience to users, the Site includes links to news material, other web sites and other material which are beyond our control. Pow Health is not responsible for content on any site outside the Site. News material and links to other web sites are designed to be targeted to groups of users and/or specific user profiles in order to make the Site experience more relevant to you.
News and other Third Party Websites
In certain countries, parts of the Site may contain advertising and sponsorship from carefully selected organisations where we feel the information may be useful for users. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material. Advertising and sponsorship is designed to be targeted to groups of users and/or specific user profiles in order to make the Site experience more relevant to you.
My Health, How I’m Faring and My Charts
The “My Health, How I’m Faring and My Charts” part of the Site provides graphical representations of, and statements about, the data that you and/or other users have input to the Site. These graphics and statements are dynamically, automatically generated from the underlying data. We hope that you find them helpful, but we do not provide any analysis or advice about what the graphics or statements may mean or indicate, nor should the graphics or statements ever be taken as analysis or advice in themselves. It is up to you, together with your Healthcare Professional, to interpret the graphics and statements as you see fit.
The Site contains a variety of assistance tools. One example assistance tool that we may introduce would be the ability to set a timed SMS reminder to take certain medication. While we hope you find them helpful, such assistance tools are provided by us by way of additional or back-up assistance only – to continue the example of a timed SMS reminder, you should also have another system or process for remembering to take your medication. You must not rely on the assistance tools for assistance with any aspect of your treatment. You and your Healthcare Professional and/or Carer remain solely responsible for all aspects of your treatment, irrespective of any use of our assistance tools.
Adverse Drug Reaction reporting
The Site provides various ways of sharing feedback about side-effects from drugs that you may experience. However, we would also recommend that you notify the relevant authority in your country of any adverse drug reactions (in the UK, users should notify the MHRA via the Yellow Card scheme:http://www.mhra.gov.uk/Safetyinformation/Reportingsafetyproblems/Reportingsuspectedadversedrugreactions/index.htm).
Funding of the Site
The content of the Site is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen or mobile phone, store such content in an electronic form or print such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from Pow Health.
These Terms and Conditions and any non-contractual obligations arising from them will be subject to the laws of England. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within England.
We may update these Terms and Conditions from time to time for legal or regulatory reasons, to allow the proper operation of the Site, or to reflect developments of the Site.
Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given such notice.
If you do not wish to accept the new Terms and Conditions you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.
You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
If you breach these Terms and Conditions and Pow Health chooses to ignore this, Pow Health will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
The Site is owned and operated by Pow Health Limited, 88 Wood Street, 10th Floor, London, EC2V 7RS, United Kingdom.
If you have any queries please contact us.
Company Registration No. 07598677.
Last update: 1st May, 2013.