1 October 2020
TERMS AND CONDITIONS
These Terms and Conditions were updated on the 1st of October, 2020.
a) These Terms and Conditions shall govern the use of our websites and app systems (phone applications, smartwatch applications and web services), collectively referred to as “Services”.
b) By using our Services, you accept these Terms and Conditions in full; accordingly, if you disagree with any part of these Terms and Conditions, you must not use our Services.
c) If you register on our website or applications, we will ask you to expressly agree to these Terms and Conditions.
d) By accepting these Terms and Conditions, you are confirming to be over the age of 18 and eligible to give your explicit consent; or if you are under 18 or ineligible to give your explicit consent, then you are confirming that consent has been freely given by your parent or guardian, as outlined with the General Data Protection Regulation guidelines surrounding consent.
e) We reserve the right to change these Terms and Conditions. If you register for our services, you will be automatically notified of any changes. To continue to use our Services you will need to accept the updated Terms and Conditions, which will then take immediate effect.
2. Disclosure Information
a) We are registered in England and Wales under registration number 09575301 and our registered office is; BIOS Health Ltd, 8 Bateman Mews, Cambridge, United Kingdom, CB2 1NN
b) You can contact us at firstname.lastname@example.org.
3. Copyright Notice
a) BIOS Health owns and controls all copyright and intellectual property related to our Services, including (but not limited to) all written material which is part of our website and applications.
b) Without prior agreement from BIOS Health, you must not:
i. Publish any material from our Services
ii. Exploit material from our Services for any purpose other than its intended purpose.
iii. Edit or modify any content within our Services
c) By accepting these Terms and Conditions you agree not to use downloaded or accessed material from our system for commercial purposes nor any other use apart from personal use.
4. Wrongful use of our Services
By agreeing to these terms and conditions you agree to not;
a) Take any action that causes, or may cause, damage to the performance, availability or security of our Services.
b) Take any action deemed as unlawful, illegal or fraudulent. BIOS Health reserves the right to determine what constitutes fraudulent behaviour.
c) Perform any testing of our Services’ vulnerability without our prior permission.
d) Use our Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, or other malicious computer software.
5. Registration of user account
a) To be eligible to register for an account you must be over the age of 18 or have obtained the permission of your parent or guardian.
b) The account will be yours until you or BIOS Health decides to terminate it. You agree to not allow any other person other than BIOS Health and your healthcare team access your account without your prior permission.
c) You must notify us immediately if you become aware of any unauthorised use of your account.
6. User log in details
a) You must keep your password confidential to ensure the security and integrity of your information.
b) If you do not keep your password confidential, you may be held liable for any losses arising from the disclosure. If you do not keep your password confidential, BIOS Health will hold no responsibility or liability for damages caused by unauthorized access to your information.
c) We reserve the right to request that you change your password at any point.
7. Conduct and rules
You agree that the information you add to our Services, either written in a text field or by attachment/upload through our Service, shall not;
a) Be false, inaccurate or misleading
b) Be offensive or cause annoyance or needless anxiety for any other person(s)
8. Termination or suspension of your account
a) Upon discovery of wrongful use of our Services, we reserve the right to suspend, cancel, or modify your account at any time without notice to you.
b) You may cancel your account(s) by contacting us directly.
c) You agree that if BIOS Health has terminated your account for wrongdoing, you will not take steps to gain access to our service via additional account creation.
d) If your account is terminated for any reason, you acknowledge that you will not receive any compensation or remuneration for the time, monies or efforts spent while using the Service(s).
9. Our rights to your information
a) For the purpose of these Terms and Conditions ‘your information’ means any information that you input into our Services and/or information about you inputted by your healthcare professional into our Services.
b) By agreeing to these Terms and Conditions you agree to allow BIOS Health to re-use your information in the creation of additional content apart from its initial purpose, including, but not limited to, case reports, testimonials and video content.
c) If you breach any provision of these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may delete, unpublish or edit any or all of your information on our Services.
10. Warranties & limitation of liability
a) We aim to ensure that information published on this system is accurate and up to date with current knowledge, but this cannot always be done with immediate effect. Therefore, you understand that our service should not be used in place of professional advice or consultations with your healthcare professional(s).
b) We do not warrant, represent or guarantee the accuracy or completeness of the information on our websites or applications.
c) You acknowledge that BIOS Health Ltd and the companies within the same ownership group (Cambridge Bio-Augmentation Systems Inc and BIOS Health (Canada) Inc), including their employees, hold no responsibility for any claims, losses, damages, whether direct or indirect, arising from misuse of and/or inappropriate reliance on the health-related information contained within our system.
e) You acknowledge that we shall not be held liable, regardless of the form of action, whether in contract, in tort (including negligence) and for breach of statutory duty, or otherwise whatsoever, for any loss of profit, business, contracts or revenues, or any special, indirect or consequential damage whatsoever, arising out of the use of our Services.
f) We hold no responsibility to any third-party links you access, as these are not under our control.
g) We will not be liable to you in respect of any losses arising out of an event or events beyond our reasonable control.
These Terms and Conditions shall be governed and interpreted in accordance with English law and be subject to the exclusive jurisdiction of the English courts.
12. Entire Agreement