TERMS & CONDITIONS
BIRGUNJ HEALTH CARE HOSPITAL
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE APPLICATION KNOWN AS HACKA HEALTH AND THE INNERSTRENGTH LIMITED WEBSITE (together, the “SITE”).
BY ACCESSING THE SITE, OPENING AN ACCOUNT AND/OR USING THE SERVICES ON IT YOU (“YOU”), ARE AGREEING TO FORM A CONTRACT AND AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW.
IF YOU DO NOT ACCEPT THESE TERMS PLEASE DO NOT CREATE A BHC HOSPITAL LIMITED ACCOUNT OR USE THE SERVICES.
TERMS AND CONDITIONS:
1. Provision of the Service and How to Contact us
BHC HOSPITAL Limited t/a as BHC HOSPITAL provides an on-line cloud based application for healthcare professionals (“HCP”) which empowers them to better manage their patients’ (“Patient”) health and medical conditions by providing their Patients with personalized lifestyle interventions based on their individual and current health status (“Service(s)”).
Contact details for BHC HOSPITAL are as follows:
- Registered Address: Bahuwari-14, Birgunj Parsa Nepal
- Email Address: firstname.lastname@example.org
You acknowledge that you have provided BHC Hospital with accurate and complete registration information on your account sign-up which shall include any medical bone fifes as may be reasonably requested by BHC Hospital.
If you purchase subscriptions where a group of HCP users may access the Services, then you are accepting responsibility on behalf of all those users. Full details of how many users may access the Services, the term of the subscription with you and the costs of the same, will be provided to you on your service order form (the terms of which are hereby specifically incorporated into this Agreement) (“Service Order”). If required, you may also add licenses for additional HCP users or Patients by executing a new Service Order at any time.
You further acknowledge that it is your responsibility to update BHC Hospital with any changes to your subscription information by e-mailing BHC Hospital at the email address provided above. Please note that in the interests of Patient safety, BHC Hospital reserves the right to require you to provide evidence to verify any aspect of your account and in particular, to include your status as a HCP at any time as also noted above.
If you believe that there has been a breach of security such as the disclosure, theft or unauthorized use of your user name and password (“ID”) then you must notify BHC Hospital immediately. If BHC Hospital reasonably believes that your ID is being used in any way which is not permitted under this Agreement, BHC Hospital reserves the right to immediately suspend access rights on giving notice to you and to block access to the Service until the issue has been resolved to the satisfaction ofBHC Hospital.
BHC Hospital is continually seeking to improve the Service and to ensure that all information on the Site (to include its library of instructional videos etc) (“Content”) is up to date and as accurate as reasonably possible. Accordingly, BHC Hospital reserves the right, and at its sole discretion, to make changes to any part of the Service (including editorial or other changes) or the Content at any time and without prior notice to you.
BHC Hospital recommends that you regularly check the Site from time to time for any updates or changes to this Agreement and/or the Service which shall become effective on posting and your continued use of the Site will mean acceptance of those updates and/or changes.
This Agreement shall apply in preference to and shall supersede any other terms and conditions of business and/or Service Order referred to or relied on by you.
2. Licence and Limited Rights to use Content
BHC Hospital grants you a non-exclusive, non-transferable, non-assignable, revocable licence to use the Site and the Content and the Services subject to the terms and conditions of this Agreement.
The Content and all software, copyright, database rights, website design, trade and service marks and logos or names, design rights, know-how and rights relating to loss of reputation and business and all other intellectual property rights (“Intellectual Property”) in each case whether registered or not, in the Content and the Site belong to Innerstrength Health (or applicable licencors) and may not be used in any way whatsoever without the prior written consent of BHC Hospital.
BHC Hospital does not claim ownership of any material that you or third parties submit to the Site (and which is defined as “Your Content” under clause 4 below) and is not responsible for its content, accuracy or compliance with relevant laws or regulations. You agree that by submitting such material you grant BHC Hospital permission via a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to display, publish and otherwise use Your Content as BHC Hospital reasonably sees fit, and also agree that BHC Hospital is under no obligation to display or otherwise use Your Content and that BHC Hospital has the right to remove Your Content immediately and without prior notice to you.
For the avoidance of any doubt whatsoever, BHC Hospital shall have the right, but not the obligation, to monitor, filter or screen Your Content. Notwithstanding the foregoing, BHC Hospital reserves the right to edit, refuse to post, or remove Your Content at any time.
BHC Hospital fully respects your right to privacy and has a strict policy of complying with the terms of the Irish Data Protection Acts 1988 and 2003 as well as the upcoming General Data Protection Regulation (EU 2016/679) which is to be implemented in Ireland in 2018 (together, the “Act”).
At certain times, and as a result of your interaction with the Site, BHC Hospital may hold and process personal information obtained about you and the Patient for the purposes providing you and the Patient with the Service. By registering on the Site, you consent to this collection and use of your information and that of the Patient.
In addition, you hereby acknowledge and confirm that you have received full and explicit permission from the Patient to collect, use and store their personal (to include their sensitive data as defined under the Act) data in order to allow you and BHC Hospital to lawfully provide the Services to the Patient. For the avoidance of any doubt whatsoever, you hereby understand and confirm that BHC Hospital is the data processor and you, as the HCP, are the data controller in relation to the provision of the Services.
Please also note that we may use your data to send you and the Patient information about our products and/or services and, in addition, and as a result of using the Services you and the Patient may receive alerts via email/text etc. By using the Services you agree to these interactions and if at any time you do not wish to receive such information or do not wish the Patient to receive such information then please contact us at email@example.com and we shall desist the same – please note however that refusing to accept some alerts may hamper or completely impede your and your Patients’ use of the Services – please feel free to discuss any of these points with us at any time.
We would also add that you should be mindful that our Services can link to and collect data from third party applications (such as Apple Health and Fit Bit) and if such a third party application is permitted access by a Patient to their data that Inner strength Health will not be responsible in any way for any use, disclosure or modification of such Patient data that is transmitted or accessed through the Services by any such third party application.
BHC Hospital shall have the right to collect, use and distribute aggregated information, analysis, statistics, related bench marking algorithms and other data generated by the Services (or derived from your use of the Services) provided, however, that we shall not disclose any such data unless such data is in an aggregated form that would not permit a third party to identify the data as associated with either you and/or a Patient.
4. Warranties and Indemnity
BHC Hospital warrants that it will use all reasonable skill and care in the provision of the Service.
BHC Hospital makes no warranty that the Site is free from viruses or anything else that has contaminating and/or destructive properties and it is your responsibility to adopt appropriate back-up, firewall and other precautionary security measures.
The Service is provided on an “as is” basis and all conditions and warranties or representations whether express or implied are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.
The Content is designed to provide general, but focused guidance on matters of healthcare interest to HCPs such as for example the 5 As, which HCPs will be familiar with (Ask, Advise, Agree, Assist, Arrange) in the provision of the Services, but such Content does not constitute professional medical or other professional advice in itself.
Equally, for Patients, the Services (to include the Content) are a means of sourcing data on their current health position in conjunction with a smartphone and wearable and sensors and by using third party applications such as Apple Health and Fit Bit and at no stage is any information received via the Services intended to match or exceed that of medical or scientific measurement devices as you might find in a modern hospital. Therefore, use of the Services should be seen as an accompaniment to the advice and guidance normally provided by a professional HCP to their Patient.
The Services (as well as any wearable and/or data from your smartphone and/or any third-party applications such as for example Apple Health or FitBit etc) is not meant to treat or cure any disease in and of itself and therefore, as a HCP, you should always use your own judgement and professional knowledge in evaluating the Content provided by the use of the Services. It is recommended that you consult with other HCP colleagues and other professional sources prior to making any judgement or any diagnosis or before providing any (for example) drug dosage advice or any advice or treatments whatsoever to Patients.
You warrant and represent that you are the owner or licensee of any content that you upload (such as videos, blogs etc), record or otherwise transmit through the Service and that you have all lawful permission to use the same and (collectively, “Your Content”).
You warrant and represent that you shall not either intentionally or recklessly publish, post, upload, record or otherwise transmit anything that: (i) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is materially false, misleading or inaccurate.
You agree not to: (1) use the Service in connection with junk mail, pyramid schemes, spamming (to include soliciting other users to become subscribers of other information services) or any duplication or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others; (3) knowingly interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (6) use the Service for any illegal purposes whatsoever.
You agree to fully indemnify BHC Hospital, its directors, officers shareholders, employees, agents and suppliers against all claims, liabilities, costs and expenses (including but not limited to legal fees) arising out of your use of the Service or the Site, the Content or Your Content or related to any breach of this Agreement.
5. Service Availability and Limitation of liability
BHC Hospital shall use all reasonable endeavors to make the Service available to you but shall not be liable in the event of any interruption of the Service. BHC Hospital reserves the right to modify, withdraw, suspend or restrict the availability of the Service or any part of it.
The Service is provided solely for your use and you are not permitted to resell (meaning sub-licence) or attempt to resell the Service to any third party.
To the maximum extent permitted by law, BHC Hospital shall not be liable to you whether in contract, tort (including negligence) or otherwise, for:
· any indirect, consequential or special loss or damage whatsoever;
· any loss of profit, loss of anticipated savings, loss of business or reputation, loss of goodwill, loss of data or other such financial or business loss or damage; or
· any other loss or damage (including any direct damage) in an amount exceeding €50.00 (fifty Euro) in the 12 months preceding the date on which such liability arose.
Under no circumstances will BHC Hospital be liable under this Agreement in respect of any fault which is the responsibility of any third party service provider such as consumer wearable and smartphones etc or in respect of third party applications such as Apple Health or Fit Bit etc.
Notwithstanding the above provisions of this clause BHC Hospital’s liability will not be limited in the case of fraud or for death or personal injury caused by the negligence of BHC Hospital.
Please note in particular that the Services are a technology to support Patient self-management and all Content provided as part of the Services and all data provided to you as a result of Patient interaction is purely for information and support purposes only, and the Services are not a remote monitoring type device or service.
6. Pricing and Refund Policy
All products sold (as applicable) and the Services provided shall be charged in Euros and shall be subject to Irish Value Added Tax as and where applicable and at the then prevailing rate and payment time all as noted on your Service Order.
Nothing contained in the Site amounts to an offer to supply goods or services, and any order from you can be refused at the sole discretion of BHC Hospital and without providing a reason.
If you dispute any charge or amount on any invoice and such dispute cannot be resolved promptly through good faith discussions between us then you shall pay the amounts due under this Agreement less the disputed amount, and we shall proceed in good faith to promptly resolve such disputed amount. An amount will be considered disputed in good faith if (i) you deliver a written statement to us on or before the due date of the invoice, describing in detail the basis of the dispute and the amount being withheld by you, (ii) such written statement represents that the amount in dispute has been determined after due investigation of the facts and that such disputed amount has been determined in good faith, and (iii) all other amounts due from you that are not in dispute have been paid as and when required under this Agreement
During the term of this Agreement, each party will regard any information provided to it by the other party and designated in writing as proprietary or confidential to be confidential (“Confidential Information”). Confidential Information shall also include information which, to a reasonable person familiar with the disclosing party’s business and the medical industry in which it operates, is of a confidential or proprietary nature. The receiving party shall hold in confidence, and shall not disclose (or permit or suffer its personnel to disclose) any Confidential Information to any person or entity except to a director, officer, employee, outside consultant, or advisory (collectively “Representatives”) who have a need to know such Confidential Information in the course of the performance of their duties for the receiving party and who are bound by a duty of confidentiality no less protective of the disclosing party’s Confidential Information than this Agreement. The receiving party and its Representatives shall use such Confidential Information only for the purpose for which it was disclosed and shall not use or exploit such Confidential Information for its own benefit or the benefit of another without the prior written consent of the disclosing party. Each party accepts responsibility for the actions of its Representatives and shall protect the other party’s Confidential Information in the same manner as it protects its own valuable confidential information, but in no event shall less than reasonable care be used. A receiving party shall promptly notify the disclosing party upon becoming aware of a breach or threatened breach here under, and shall cooperate with any reasonable request of the disclosing party in enforcing its rights.
Information will not be deemed Confidential Information if such information: (i) is known prior to receipt from the disclosing party, without any obligation of confidentiality; (ii) becomes known to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise publicly available, except through a breach of this Agreement; or (iv) is independently developed by the receiving party without use of the disclosing party’s Confidential Information. The receiving party may disclose Confidential Information pursuant to the requirements of applicable law, legal process or government regulation, provided that it gives the disclosing party reasonable prior written notice to permit the disclosing Party to contest such disclosure, and such disclosure is otherwise limited to the required disclosure.
Notwithstanding any other provision of this Agreement, both parties acknowledge that any use of the disclosing party’s Confidential Information in a manner inconsistent with the provisions of this Agreement may cause the disclosing party irreparable and immediate damage for which remedies other than conjunctive relief may be inadequate. Therefore, both parties agree that, in addition to any other remedy to which the disclosing party may be entitled at law or equity, the disclosing party shall be entitled to an injunction or injunctions (without the posting of any bond and without proof of actual damages) to restrain such use in addition to other appropriate remedies available under applicable law.
8. Links and Notices
The Site may contain links to other websites, applications and resources, however BHC Hospital is not responsible and shall not be held liable for the availability or content or accuracy of these resources. No endorsement or approval of any such third party websites, their advice, opinions, accuracy, information, products or services is expressed or implied by any information on our Site and where we provide such links it is done for your convenience only and those of your Patients and shall be at your own risk and we shall not be liable for any damages or losses arising in connection therewith. We recommend you make yourself familiar with any third party providers and their terms and conditions of service before signing up to receive any other third party services and/or products.