Last update: 19 August 2022
My Cancer Companion App - End User Licence Agreement
Please read this End User Licence Agreement (“Agreement”) carefully as you will be bound by this Agreement if you use or access the My Cancer Companion App (the “App”).
If you enter into this Agreement on behalf of another person (being an individual) you confirm that you have authority to do so.
You acknowledge that our use of your personal data related to your use of the App shall be in accordance with the consents to the processing of your personal data for the specific purposes you indicate in the consent form when you register to use the App and as set out in the Privacy Policy.
1. GENERAL
1.1. We are Healthcare Companion Ltd with registered company number 13188770 and registered address at Finsgate, 5-7 Cranwood Street, London, England, EC1V 9EE] (“Healthcare Companion Ltd” or “we” in this Agreement).
1.2. All references to “you” or “your” refers to the user of the App.
1.3. This Agreement is entered into between you and Healthcare Companion Ltd.
1.4. We offer the App, including the services and information available on the App, subject to you accepting this Agreement. By registering to use or using the App, you acknowledge that you have read, understood and agreed to the terms of this Agreement.
1.5. You must be 18 or over to accept these terms and download and use the App. If you are under the age of 18, you must ask your primary carer, parent or guardian to register your profile on your behalf and consent to your use of the App.
1.6. The App is intended for patients with cancer, or caregivers of patients with cancer, to: (i) help keep a record of your/the patient’s physical health and mental wellbeing, medical appointments and clinical documentation; (ii) if you choose to, enable you to share these records with your/the patient’s healthcare providers; (iii) access articles which may be relevant to your/the patient’s condition; and (iv) chat, post and interact with other people with cancer and their caregivers. In addition, if you are using the App as part of a particular clinical study (“Clinical Study”), you will be provided with identifying credentials that enable you to link your App account and records with the Clinical Study and the App enables you to share records of your physical health and mental wellbeing, medical appointments and clinical documentation with the healthcare professionals treating you as part of the Clinical Study. These purposes are referred to in this Agreement as the “App Uses”.
1.7. If you have any questions may contact us by e-mail: support@mycancercompanion.com
2. THIS AGREEMENT
2.1. Healthcare Companion Ltd may update the terms of this Agreement from time to time, and if Healthcare Companion Ltd does so, Healthcare Companion Ltd will notify you, for example, by displaying the updated terms when you next access the App. If you do not agree to the terms as updated, then you must stop using the App and delete it from your device. If you continue to use the App following notification of an update to these terms, this will be considered acceptance of the update.
2.2. This Agreement relates exclusively to the use of the App and is separate to any consent or agreement to participate in a Clinical Study. You do not need to participate in a Clinical Study to use the App. If you do participate in a Clinical Study, then this participation is subject to separate consents and arrangements, which are not covered in this Agreement.
3. APP UPDATES AND CHANGES
3.1. We may update, change or restrict access to the App from time to time for any reason, with or without advance notice and with respect to one, some or all users. You are solely responsible for installing update(s) to the App. You may not be able to access or use some or all features of the App unless you install relevant update(s).
4. USE OF THE APP
4.1. When you use the App, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form or otherwise requested by the App, and to maintain and promptly update that information.
4.2. You may choose to enter information about medicines you are taking into the App. If you have a side effect to report for a medicine, you should contact your healthcare professional or pharmacist immediately. If you are participating in a Clinical Study, you should contact the healthcare professional treating you as part of the Clinical Study or the study site immediately.
4.3. You must not use the App in any way, including by using the App to transmit or make available any content, that (i) breaches any applicable law or regulation, (ii) breaches this Agreement; or (iii) is otherwise inappropriate, misleading or offensive.
4.4. You are solely responsible for maintaining the confidentiality of your information (including passwords) and for restricting access to the device on which you use the App. You accept responsibility for all activities that occur under your account or from your device. We shall use reasonable and industry-standard security measures to protect against unauthorised access to your account. If you become aware of any unauthorised use of your account or password, or any other matter affecting the security of your information or the App, you will notify us immediately via email at support@mycancercompanion.com.
4.5. You agree that, if you use the App to share information that you provide or make available through the App with your healthcare provider, you are responsible for any third party communication service you use to do so (including an email or other communications service). Please note that those communication services may not be encrypted or secured.
5. LICENCE AND INTELLECTUAL PROPERTY
5.1. We grant you a personal, non-transferable and non-exclusive licence to access and use the App for your personal and non-commercial use and for the App Uses only. We may notify you by notice within the App or otherwise, that the App contains software governed by the licence of a third party (including any open source software, the terms of which may override some of these terms) and you agree to abide by the terms and condition of the same. Further details in relation to such third party licences are available here.
5.2. With respect to information and other content you submit or make available through the App (“User Content”), you grant Healthcare Companion Ltd a worldwide, non-exclusive, sub-licensable, royalty-free licence to use, reproduce, modify, share and publish the User Content:
5.2.1. in order to be able to provide the App to you;
5.2.2. for the purposes set out in the Privacy Policy (and, if applicable, the Informed Consent Form); and
5.2.3. for technical support, and product improvement and development purposes.
5.3. You must not:
5.3.1. rent, lease, lend, sell or otherwise make available the App to anyone without our prior permission in writing;
5.3.2. copy the App other than as part of its normal use or to make a back-up copy of it;
5.3.3. translate, adapt or modify the App (including reverse engineer, decompile or extract source code from it), except to the extent that is allowed by law); or
5.3.4. combine the App with any other computer program.
5.4. All intellectual property rights in the App, related documentation and other information and any corresponding services, throughout the world belong to Healthcare Companion Ltd or our licensors. You acknowledge that you have no intellectual property rights in, or to, the App, related documentation or other information, or any corresponding services, other than the right to use them in accordance with the terms of this Agreement.
6. DISCLAIMERS
6.1. We do not offer or provide any representations or warranties in relation to the App, nor do we guarantee that the App will always be available or that access to it will be uninterrupted. This does not affect your statutory legal rights.
6.2. The information that is made available to you through the App is provided for general information purposes only. You expressly acknowledge that Healthcare Companion Ltd is not providing, and does not intend to provide, medical advice through the App and that this is the responsibility of your physician, other medical professionals or (if applicable) the healthcare professional treating you as part of a Clinical Study. The App is not intended for diagnostic or therapeutic purposes. The App does not have a medical purpose and is not a software medical device. The App (including any generic content supplied within the App) is not intended to be used in place of (i) the advice of your physician or other healthcare professionals, or (ii) a visit, call or consultation with your physician or other healthcare professionals. Should you have any health related issues or questions during your use of the App, please call or see your physician or other healthcare provider promptly. The App does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and Healthcare Companion Ltd. Healthcare Companion will not medically review the information you upload onto the App and you should not expect any such review to take place. We may, however, monitor uploaded comment for non-medical purposes, such as to remove inappropriate content will always be reviewed promptly by a medical professional (or at all). In an emergency, or if you need urgent advice, or make a health professional aware of urgent information, you must not use the App and must immediately make direct contact with the relevant healthcare professional. Although we make reasonable efforts to update the information provided in the App, we make no representations, warranties or guarantees, whether expressed or implied, that such information is accurate, complete or up to date.
6.3. The App may contain links to websites and resources not provided by us. These websites and resources are not under our control and we are not responsible for, and do not approve, them.
7. LIMITATION OF LIABILITY
7.1. Nothing in this Agreement limits or excludes any liability that, under applicable law, to the extent such liability cannot be limited or excluded, including liability for death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation.
7.2. You acknowledge and agree that the App is provided “as is” and other than as set out in Clause 7.1, we will have no liability to you in making the App available to you and where we are liability to you, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or that is otherwise indirect or consequential. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. In no circumstance will we be liable for any loss of profit, goodwill, revenue, anticipated savings, or any loss or corruption of data..
7.3. Healthcare Companion Ltd is not liable or responsible for any failure to perform, or delay in performance of, any of Healthcare Companion Ltd’s obligations that is caused by events outside our reasonable control.
8. TERMINATION AND SUSPENSION
8.1. You may terminate this Agreement at any time by contacting us. If you terminate your Agreement you will no longer be able to use the App.
8.2. Healthcare Companion Ltd may:
8.2.1. from time to time, suspend or restrict access to certain features, functions or to content of, or services accessible through, the App; or
8.2.2. at any time, end or suspend your rights to use the App,
provided that if you are participating in a Clinical Study, Healthcare Companion Ltd will only do so to the extent permitted by applicable law and as permitted by the relevant study or in consultation with the clinical study team.
8.3. If your use of the App is ended:
8.3.1. you must stop using the App immediately;
8.3.2. you must delete or remove the App from your device; and
8.3.3. Healthcare Companion Ltd will stop your access to the App and may remotely access your device to remove the App from it.
9. GENERAL
9.1. Healthcare Companion Ltd may transfer its rights and obligations under the terms of this Agreement to another organisation. Healthcare Companion Ltd will always tell you in writing if this happens and will ensure that the transfer will not affect your rights under the terms of this Agreement or, if applicable, in the Clinical Study. You may only transfer your rights or your obligations under the terms of this Agreement to another person with the prior written consent of Healthcare Companion Ltd.
9.2. This Agreement is between you and Healthcare Companion Ltd and it does not apply to any other person. Only you can take legal action in respect of this Agreement, unless you are a carer or legal guardian acting on behalf of the user with legal authority.
9.3. Each of the clauses of the terms of this Agreement operates separately. To the extent any court or relevant authority finds any of them unlawful or unenforceable, the remaining clauses will remain in full force and effect.
9.4. Even if Healthcare Companion Ltd delays in enforcing this Agreement, Healthcare Companion Ltd may still enforce it later. If Healthcare Companion Ltd does not insist immediately that you do anything you are required to do under the terms of this Agreement, or if Healthcare Companion Ltd delays in taking steps against you in respect of breaching this Agreement, that will not mean that you do not have to do those things and it will not prevent Healthcare Companion Ltd taking steps against you at a later date.
9.5. This Agreement is governed by the law of England and Wales. Subject to Clause 9.6, the English courts shall have exclusive jurisdiction over this Agreement..
9.6. Nothing in this Agreement, including this Clause 9, affects your rights to rely on mandatory provisions of local law.
10. APP STORE TERMS
10.1. Healthcare Companion Ltd licenses use of the App to you on the basis of these terms and subject to any rules or policies applied by any app store provider or operator from whose site the App has been downloaded.
10.2. If the App is made available using the iOS operating system or has been downloaded from the Apple, Inc. (“Apple”) app store (“Apple App Store”) then:
10.2.1. You and Healthcare Companion Ltd acknowledge and agree that this Agreement is solely between you and Healthcare Companion Ltd, not Apple and that Apple has no responsibility for the App.
10.2.2. Your use of the App must comply with the terms of service of the Apple App Store.
10.2.3. The licence granted to you by Healthcare Companion Ltd under clause 5.1 permits you to use the App on any Apple-branded product that you own or control as permitted by the “Usage Rules” set out in the “Apple Media Services Terms and Conditions”, except that App may also be accessed, acquired and used by other accounts associated with you or your family via Apple’s family-sharing functionality, or volume purchasing.
10.2.4. Healthcare Companion Ltd is solely responsible for providing any applicable maintenance and support services in relation to the App. You acknowledge that Apple has no obligation whatsoever to provide any maintenance and support services with respect to the App.
10.2.5. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Healthcare Companion Ltd as provider of the App.
10.2.6. You and Healthcare Companion Ltd acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. All such claims are governed solely by this Agreement and any law applicable to Healthcare Companion Ltd as provider of the App.
10.2.7. You and Healthcare Companion Ltd acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Healthcare Companion Ltd, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
10.2.8. You must comply with any applicable third party terms of use when you are using the App.
10.2.9. You and Healthcare Companion Ltd acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your licence of the App, and that, upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your licence of the App against you as a third party beneficiary thereof.
10.2.10. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.