The Terms of this User Agreement (this “Agreement”) are entered into by and between Horizon Strategic Partners Limited (the “Author”) and “you,” the user of this application, also known as “MicroGuide” (the “App”).
Access to and use of the App is provided subject to the terms and conditions set forth herein. By accessing and/or using the App, you hereby agree to these terms and conditions.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE AUTHOR’S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING AND/OR ACCESSING THE App CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS IN THEIR TOTALLITY. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE App IMMEDIATELY AND DO NOT USE OR ACCESS THE App.
BY ACCESSING THIS App, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE.
The data and all content (Information) set out in the App is not created by the Author or edited by the Author’s employees and, as a result, may not be attributed to the Author or the Author’s employees.
The Information contained in this App is created and published by specific third parties and reflects the internal processes and procedures of that particular third party. Therefore, use of this App by any persons, including health professionals working within establishments not connected with the specific third party do so at their own risk, and the Author or the third party make no representations or guarantees as to the adequacy or completeness of any of the Information contained in this App, or the App’s compatibility with any policies or procedures of other third parties, where this App is used by persons other than healthcare professionals directly employed by the specific third party.
The App is intended as a support tool for health professionals and is provided for reference only. It does not take into account the individual circumstances of a patient and may not contain all the information you require. It should therefore not be used as the sole basis for prescribing any drugs or for the care of any patient. Updates may be released periodically and it is up to you to ensure that you are using the most up to date version available.
Other than liability for death or personal liability arising out of negligence, the Author shall not be liable for any claims or losses arising from the use or misuse of the App, its contents and any omissions from its contents or otherwise.
THIRD PARTY LINKS DISCLAIMER
The App may, from time to time, contain links to third party web sites or content not created within the App. The Author or the specific third party that created Information within the App provides these links solely as a convenience to you and not as a guarantee, warranty, or recommendation.
The Author is not responsible for the content of linked web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk.
DISCLAIMER OF ALL WARRANTIES
The Information made available in the App is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.
Under no circumstances, as a result of your use of the App, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise.
RESERVATION OF INTELLECTUAL PROPERTY RIGHTS
The Author reserves any and all intellectual property rights in the App.
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS
This Agreement and your use of the App shall be governed by and construed in accordance with the laws of England, and you thereby agree to submit to the jurisdiction of courts in England. You further agree that any claims or causes of action arising out of or related to this Agreement and the App, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the App.
The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the App.
The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
The Author is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this App, you can be assured that it will only be used in accordance with this privacy statement.
The Author may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st October 2015.
WHAT WE COLLECT
We may collect and process the following data about you:
- name and job title
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
- Daily emotions etc
All the data is saved to your medical records but no personal information is stored elsewhere. Personal information is data that can be used to uniquely identify or contact a single person. In the process of collecting data, the MicroGuide app will generate a unique user ID for each user, making any data collected anonymous.
WHAT WE DO WITH THE INFORMATION WE GATHER ABOUT YOU
The information collected is used to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping
- to administer our site and for internal operations, troubleshooting, data analysis, testing, research, statistical and survey purposes
- Understand how the app is being used (e.g., one-off or over time)
- Understand whether it plays an effective role in helping patients during their fertility treatment
- Get ideas on how we can improve the app
- Understand whether apps are an effective tool for helping patients during fertility treatment
- We may use the information to improve our products and services
- We may periodically send promotional emails about new products, special offers or other information that we think you may find interesting using the email address that you have provided
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email. We may use the information to customise the App according to your interests
WHERE WE WILL STORE YOUR INFORMATION
All information you provide to us is stored on our secure servers held in England only. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
- If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
- We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen
You may request details of personal information that we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to email@example.com
If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.