This Mobile Application (“App”) is provided by [University of Plymouth] [through its wholly owned subsidiary University of Plymouth Enterprise Limited] to you for your personal use on the terms set out below. Please read these terms carefully before using the App. These terms as well as the Privacy Notice apply to all use of the App, including any updates to the App and by downloading and installing the App you agree that you have read and accept these terms. If you do not agree with these terms, you must not use the App.
Please note that we reserve the right to revise these terms and conditions at any time by notifying you of the change when you next open the App Your continued use of the App following the posting of changes to these terms will mean you accept those changes.
1. Reliance on the App and disclaimer
The App is designed for parents and carers who want information on symptoms of acute childhood illness (those illnesses that have sudden onset and are short term) displayed by a child under five years of age. It is designed to help parents to assess the severity of their child’s illness and know how to care for them.
The App is also designed to help parents record their child’s symptoms and be able to share that information with health professionals if they wish. Information is provided within the App on the commonest presenting symptoms of childhood illness. More symptoms will be added as the App develops.
The App is a support tool and is not intended for use as a standalone tool.
The content on the App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional, medical and/or specialist advice before taking, or refraining from, any action on the basis of the content of the App. If you are still worried about your child’s health after reading the information in the App, seek professional help from your local health services.
While we endeavour to ensure that the content on the App is correct, we make no promise, warranty or guarantee that the information is accurate, complete or up-to-date. We therefore disclaim all liability and responsibility arising from any reliance placed on such information, commentary and materials by any visitor or user of the App, or by anyone who may be informed of any of its contents.
2. Usage
We grant you a non-transferable, non-exclusive licence to use, download and install the App on your mobile handset to access the App in accordance with these terms and conditions. You do not and will not own the App or any information that is provided to you through it. You should not use the App or its content to generate income of any kind.
By downloading the App onto a mobile telephone or handheld device, you are confirming that you have obtained permission from the owners of such device if that device is controlled, but not owned by you. By using the App, you consent to us collecting and using technical information about the mobile telephones or handheld devices and related software, hardware and peripherals that are internet-based or wireless to improve our products and to provide any services to you.
You acknowledge that the App 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 App meet your requirements. In particular, you agree and acknowledge that the App is the product of research and therefore is subject to ongoing development and improvement.
Except as expressly set out in these terms or as permitted by any local law, you agree:
(a) not to copy the App;
(b) not to share, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) not to make derivatives of, alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing;
(e) to include our copyright notice on all entire and partial copies you make of the App on any medium;
(f) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(g) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
You agree that you shall not:
(a) use the App 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, including viruses, or harmful data, into the App, any Service or any operating system;
(b) infringe our intellectual property rights or those of any third party in relation to your use of the App, including the submission of any material;
(c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
(d) use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.
You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App or to your downloading of any material posted on it, or on any website linked to it.
3. Intellectual property
You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use each of them in accordance with these terms. You acknowledge that you have no right to have access to the App in source-code form. All such rights are reserved.
The names, images and logos identifying us, companies in our group, our partners or third parties and our/their products and services are proprietary marks and may not be reproduced or otherwise used without express permission.
We are the owner or the licensee of all copyright and other intellectual property rights in the App and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
4. Liability
The App is provided to you free of charge and on an 'as is' basis.
We reserve the right to introduce a charge for the use of the App at any time. We do not promise that the App will be suitable for your needs, or that it will work accurately or in a particular way. In particular, we make no warranties or representations about the accuracy of the data provided by the App and will not be liable to you for any errors or omissions in such data.
To the extent permitted by law, we exclude all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy in relation to the App. We do not guarantee the timeliness, completeness or performance of the App or any of the content and aall information and/or data included in the App are made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk.
While we try to ensure that all content provided by us is correct at the time of publication, certain information is compiled and provided by third parties, and no responsibility is accepted by us or on our behalf for any errors, omissions or inaccurate content on the App.
The App is a product of ongoing research and as such, should not be relied upon as being accurate or conclusive. To the extent permitted by law, we exclude all liability for any computer viruses or other malicious programs which are transmitted to your computer or mobile handset as a result of your use of the App. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Our maximum aggregate liability under or in connection with these terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £100, or the sums paid by you upon purchasing the App, or any in-App spend, including subscriptions, whichever is greater.
5. Availability
We cannot guarantee the availability of the App at any time. As with any service over the internet or mobile network there are factors over which we have no control, for which we cannot accept liability. You agree that we may take the App offline whenever we consider that this is necessary for routine or emergency maintenance without liability to you. We do not promise full and error free operation of this App at all times. Access to the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the App without notice.
In order to use the App, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications. We do not promise that we will always update the App so that it is relevant to you and/or works with the operating system version that you have installed on your device.
The App may contain links to other independent third-party websites. These are provided for your convenience only. Such 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).
The App must not be framed on any other website, nor may you create a link to any part of the App without our express written permission. We reserve the right to withdraw linking permission without notice.
We shall not be liable for any failure, any suspension or any termination of access to the App in connection with or arising out of a force majeure event. In these terms of use, a "force majeure event" shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, interruption or failure in communications networks and facilities (including the internet), fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.
We aim to update the App regularly and may change the content at any time. If the need arises, we may suspend access to the App, or close the App indefinitely. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.
6. Internet usage
The App may require a correctly configured and functional internet data connection, both for the initial installation, and for use. Data charges may be charged to you by your network provider depending on your individual tariff. You are responsible for any such costs. Note that if you are using the App on an overseas network, the cost of data usage may be considerably higher than when at home.
The App may make use of location data sent from your mobile device. On most mobile handsets, you can turn off this functionality by turning off the location services settings for the App. If you use these services, you consent to our transmission, collection, maintenance, processing and use of your location data to provide and improve products and services. Such services may also lead to you incurring additional data charges and costs and you will be responsible for such charges.
7. Communications and updates
We may send communications to you through the App. These communications may include marketing material, technical and support information, and information on updates or changes. By using the App, you agree to us providing you with such communications.
Please note that we may cease to operate and support the App, or a particular version of it, at any time. If this happens, you will be unable to access the App and you may be unable to download or install fresh copies of the App. Where we think that it is reasonable to do so, we also reserve the right to either require you to delete the App, or to remotely deactivate the App from your mobile handset. We cannot accept any liability for errors which become apparent in old versions of the App.
8. Data
Any personal data supplied by you to us through your registration for, downloading of or usage of the App shall be subject to these terms and the Privacy Notice
9. Contacts and disputes
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
The App is based in England and is intended for users in the United Kingdom. We make no representations that the materials and App are suitable for users outside the United Kingdom, and if you choose to access the App from outside of the United Kingdom you are solely responsible for ensuring compliance with all relevant local laws.
You can cancel the service at any time by deleting the application from your mobile handset. We may cancel or suspend your usage of the App at any time in the event that you breach these terms. We reserve the right to suspend, restrict or terminate your access to the App or any part of it at any time at our sole discretion.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks. We may transfer our rights and obligations under these terms to another organisation.
Uk Sepsis Trust
An ASK SNIFF collaborative project
