Introduction

iPlaySafe Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING iPlaySafe App

What's in these terms?

These terms (Terms) set out the rules for access to and use of our website www.iplaysafe.app (our Site) and our mobile application iPlaySafe App (our App).

Who we are and how to contact us

Our Site and App are operated by eWellness Limited ("we" “us” “our”). We are registered in England and Wales under company number 12346871 and have our registered office at PO BOX 976, Richmond Upon Thames, TW9 9JH. Our main trading address is 14 Royal Star and Garter House, Richmond Hill, Richmond, TW10 6BF. Our VAT number is GB343159213.

To contact us, please email contact@iplaysafe.app or telephone +44 (0) 3700422200

BY USING OUR SITE AND APP YOU ACCEPT THESE TERMS AND CONDITIONS OF USE

These Terms apply to both visitors and registered users of our Site and App. By using our Site and App, you agree to use our Site and App only for lawful purposes and you confirm that you have read, understood and accept these Terms and any other Terms referred to, and that you agree to comply with them.

IF YOU DO NOT AGREE TO THESE TERMS YOU MUST NOT USE OUR SITE OR APP.

We recommend that you print a copy of these Terms for future reference.

There are other terms that may apply to you

These Terms refer to the following additional terms, which also apply to your use of our Site and App:

  • our Privacy Policy, which sets out how We use your personal data.
  • our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site and App.
  • our Cookie Policy, which sets out information about the cookies on our Site and App.

If you go on to purchase products or services (“Products” or “Services”) from our Site or App, our Terms and Conditions of Sale will apply to the sales.

Users of our Site, App and Account registration

If you choose to purchase Products from our Site you do not need to create a registered account but if you wish to use the Services you must 1) download our App and 2) create a registered user account (“Account”). To protect your personal data, you cannot use the Services without downloading our App.

In registering an Account on our App, you agree that you will: 1) only use the Account in your name and on your own behalf and 2) not give access to any other person to use or share your Account with nor will you use your Account on behalf of anyone else and 3) not register the Account in a false name or pretend to be someone else or disguise your identity.

In the event that any information you have provided in connection with your Account registration is deemed to be untrue, false, inaccurate, maliciously misleading, out-of-date or incomplete or we may have reasonable grounds to believe such information may be as described above, we reserve the right, in addition to all and any rights we may have, to terminate, disable, refuse any and all current or future access to or use of the Site, App and any of our Products or Services.

Our Site and App is only for users in England, Wales and Scotland

Our Site and App is currently directed to people residing in England, Wales and Scotland only. We do not currently offer our Service or Products to Northern Ireland.

We do not represent that content available on or through our Site or App is appropriate for use or available in other locations at this stage.

You must keep your Account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures in creating an Account, you must treat such information as strictly confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contact@iplaysafe.app.

We may make changes to these Terms

We may amend these Terms from time to time. Every time you wish to use our Site or App, please check these Terms to ensure you understand the Terms that apply at that time.

We may make changes to our Site

We may update and change our Site and App from time to time to reflect changes to our Products, our Users’ needs and our business priorities.

We may suspend or withdraw our Site and App

Our Site and App is made available free of charge.

We do not guarantee that our Site or App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site or App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site and App through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

How you may use material on our Site and App

We are the owner or the licensee of all intellectual property rights in our Site and App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site or App from your Account for your own personal use.

Our App contains special features that are personal to the registered User of the Account such as downloadable Test Results or the ability to share User Status (summarised Test Results) with other Users. The information contained in the Status feature may be of a private, confidential or sensitive nature and therefore we urge you to take caution when sharing, printing or downloading extracts or pages. Our ‘share Status’ feature is designed to not expose or identify any User or contain personally identifiable information. Furthermore, our App can prevent the ability to screen grab or screenshot (where your device and operating system permit). You agree you will not attempt to circumvent these restrictions in any way.

You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content must always be acknowledged.

You must not use any part of the content on our Site or App for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site or App in breach of these Terms, your right to use our Site or App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We do not provide medical advice

Products and Services provided in connection with this Site or App are not intended to substitute medical advice and it is strongly advised that you should always seek the advice of your medical physician or other licensed healthcare professional with any questions you may have regarding any Test Results, symptoms of illness, treatment or status of your health that you have obtained through any Products or Services on this Site or App. Before using our Products and Services, you must carefully read and ensure you understand all information provided to you. You must adhere to all instructions. If you do not agree to this you must not use the Products or Services. Please read [insert link to medical section] for further information on our Products and Services.

Although we make reasonable efforts to update the information on our Site and App, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Site or App is accurate, complete or up to date.

We are not responsible for websites we link to

Where our Site or App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We may provide links to third party sites and resources such as pharmacies, health care professionals, and support services amongst others which can be used at your sole discretion however if you need urgent medical assistance you should contact emergency services immediately.

We have no control over the contents of other sites or resources. Access to third party sites is at your own risk. We reserve the right to modify and remove any third-party link at any time in our sole discretion for any reason whatsoever.

User-generated content is not approved by us

This Site and App may include information and materials uploaded by other Users, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site or App do not represent our views or values. Please review our Acceptable Use Policy for further information and guidance.

How to complain about content uploaded by other Users

If you wish to complain about content uploaded by other Users, please contact us on contact@iplaysafe.app.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or App or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use; or
  • use of or reliance on any content displayed on our Site or App.
  • In particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our Site, App, Products and Services for domestic and private use. You agree not to use our Site or App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our Site and App

Whenever you make use of a feature that allows you to upload content or make contact with other Users of our Site or App, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Site or App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site or App constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Site or App if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Site or App will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site or App. You should use your own virus protection software.

You must not misuse our Site or App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or App, the server on which our Site or App is stored or any server, computer or database connected to our Site or App. You must not attack our Site or App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit 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 our Site or App will cease immediately.

Rules about linking to our Site and App

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site or App in any website that is not owned by you.

Our Site or App must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our Site or App other than that set out above, please contact contact@iplaysafe.app.

contact@iplaysafe.app

iPlaySafe App and iPlaySafe App logo are registered trademarks of eWellness Limited. You are not permitted to use them without our approval.

eWellness Limited is the owner of the following intellectual property rights (“Intellectual Property Rights”) in the Site and App and which may subsist in any Products or Services provided through our Site and App (whether those rights happen to be registered or not, wherever in the world those rights may exist):

copyright, trademarks, patents, logos, domain trade and business names, service marks, text, graphics, user interfaces, visual interfaces, software, database rights, illustrations, images, photographs, design, moral rights, rights in know-how, ‘look and feel’ and ‘get up’ including arrangement, structure, expression and any functionality, features, user guides, user templates, user forms and any and all materials published on our Site and App (except where such content is identified as third party content).

Furthermore, some Products and Services provided to you through our Site or App may contain information which is classed as confidential by us and you agree you will not disclose such information without our prior written consent.

Except as expressly authorized by us, you agree not to and not to permit anyone else to modify, rent, lease, loan, sell, distribute or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Products or Services or software or any part thereof, in whole or in part.

Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Products or Services, is the copyrighted work of eWellness Limited and/or its suppliers. Your use of the software is governed by the terms of the ender user license agreement, if any, which accompanies it or is included with the software (“License Agreement”). You may not install or use any software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

Unless you have been expressly authorized to do so in writing by us, you agree that in using the Products or Services purchased on our Site or App, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names, or logos. You agree that shall not remove, obscure, or alter any proprietary rights, notices (including copyright and trademark notices) that may be affixed to or contained in any Products or Services or within our Site or App.

For any Software not accompanied by a License Agreement, we grant you a personal non-transferable, and non-exclusive right and license to use the object code of its software on a single computer for personal use. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the software unless this is expressly permitted or required by law, or unless you have be given specific permission by us in writing.

This license is for the sole purpose of enabling you to use and enjoy the benefit of the Products and Services provided by us. Unless we give you specific written permission to do so, you may not assign (or grant a sublicence of) your rights to use the software, grant a security interest in or over your rights to use the software, or otherwise transfer any part of your rights to use the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorised access to the Products or Services. You agree not to access the Products or Services by any means other than through the interface that is provided by us for use in accessing the Service.

We reserve the right to investigate any suspected or actual improper illegal or unauthorised use of this Site and our App (or any part of it).

Any rights not expressly granted herein are reserved.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

This policy is dated: 08 July 2021

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