MyCareBridge digital platform

Terms and Conditions

 

These Terms (together with the documents referred to in it) describe how you may use our web-based software as a service, MyCareBridge (“Services”). The Services are made available to you via our web app (the main domain of https://check.mycarebridge.co.uk/login and its sub-domains) and mobile app (Android and iOS) (each such application together with any applicable documentation thereto, and programming and user interfaces therefor, a “Platform”), as well as any relevant information, reports and data made available to you.
Please read these Terms carefully before you start to use the Services
These Terms refer to the following additional policies which also apply to your use of the Services. By agreeing to these Terms, you also agree to each of these additional policies:

Introduction

Provide Digital as part of Provide Enterprises Limited (“Provide Digital”, “us”, “our” or “we”) is the provider of the Services and operator of the Platform. We are registered in England and Wales under company number 5843096 and have our registered office at 900, the Crescent, Colchester Business Park, Colchester, England C04 9YQ. You are the employees, representatives, and service users (“User”, “you”, “your”) of our client organisation (“Client Organisation”) whose details are set out on the on-line registration form which can be accessed using the Services. By registering an account, you agree to subscribe to the Services and to these Terms.

Registration

If you are an employee or representative of the Client Organisation (“Client Admin User”) you will be registered for the Services by the Client Organisation and you will then be asked, via email, to authorise your account and create your own secure password.

If you are a service user who has been authorised by the Client Organisation to use the Services (“Service Users”), you will be able to register yourself using the online registration form. You will need to answer certain questions about yourself to enable you to complete the registration form. In particular, you will need to confirm your telephone number, your date of birth and your postcode.

User account

You are responsible for any use of our Services with your account details, which includes all user passwords generated and for protecting your account details from unauthorised use. You are also responsible for the security of any computer or mobile device from which you sign in to your account.

Services

We undertake that the Services will be performed in a professional manner in accordance with industry standards using reasonable skill and care, and in conformance with the description of the Services in these Terms or otherwise set out on our website. This undertaking shall not apply to the extent of any non-conformance which is caused by your use of the Services contrary to our instructions or these Terms, or any alteration or modification made to the Services or the software used in the provision of the Services by a third party who is not authorised by us. You understand and agree that we have no obligation to modify software to support your use of the Services.

From time to time, we may introduce new services, features or functionality to the Services. These Terms will apply to such new services, features or functionality, unless they come with separate or additional terms, in which case you will be required to agree to such separate or additional terms before being permitted to use the new services, features or functionality.

Accessing the Services

Whilst we make reasonable efforts to ensure the Services are operational 24 hours a day, 7 days a week, we do not guarantee that the Services will always be available or be uninterrupted. In particular, but without limitation, the Services will not be available to you when we carry out maintenance services. We endeavour to carry out maintenance services outside of normal business hours and to give three hours’ notice where possible, however you acknowledge that this may not always be possible.

The Services may be subject to limitations, delays and other problems inherent in the use of communication networks and facilities. We will not be liable to you if the Services are unavailable at any time, or for any period due to an event or cause outside of our control.

We reserve the right to suspend your access to or use of the Services without notice in the event you breach these Terms or if we reasonably suspect that you have breached these Terms. We further reserve the right to suspend your access to or use of the Services if you use the Services inappropriately or at the reasonable request of the Client Organisation.

Using the Services

You will:

  • provide us with all necessary cooperation in relation to this Agreement and all necessary access to information that we require to deliver the Services;
  • comply with all applicable laws and regulations with respect to your activities under this Agreement;
  • obtain and maintain all necessary licences, consents and permissions necessary for you to perform your obligations and exercise your rights under this Agreement, including, without limitation, to use the Services;
  • fill in the Registration Form;
  • ensure that your network and systems comply with the relevant specifications provided by us from time to time;
  • be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres, and for all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet; and
  • be solely responsible for the management of your health and well-being, and safety.

We are giving you personally the right to access and use the Services. If others you know wish to access the Services they should create their own account.

This licence granted to you to use of the Services does not permit you to do, and you shall not do nor permit any third party to do, any of the following:

  • embed our Services or Service data into any product of yours or any third party;
  • make available through automated or manual means any part of the Services by way of crawling, scraping, spidering or otherwise;
  • copy or access all or any part of the Services other than via the interface(s) provided to you by us; or
  • circumvent or attempt to override any security features we have installed around the Services.

Intellectual Property Rights and Rights we grant you

For the purposes of these Terms:

  • Client Organisation Content: means any form of information or data and includes, without limitation, photographs, images, illustrations, animations, tools, texts, tables, communications, replies, likes, and any other intellectual property therein any of which may be generated, provided or otherwise made accessible on or through the Services.
  • Intellectual Property Rights: means patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
  • Ownership of Intellectual Property Rights: You agree that all Intellectual Property Rights:
    • in the Services anywhere in the world belong to Provide Digital or its licensors and that you have no rights in or to the Services other than as expressly set out in this Agreement; and
    • in Client Organisation Content and updates thereof belong and shall belong to the Client Organisation;
  • Our licence to you

Provide Digital retains ownership and responsibility for, and other applicable rights, in the Services. Except as expressly provided in these Terms nothing grants you a right or licence to use the Services, including any Client Organisation Content which is owned and/or controlled by the Client Organisation. You agree not to duplicate publish, display, modify or create derivative works from the software, Platform or material presented through the Services unless specifically authorised to do so by us.

Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and licence to access and use the Servicesfor your own personal, non-commercial purposes, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the Services.

We also hereby grant you a limited personal non-exclusive, non-transferable, non-sublicensable, revocable licence to use the eC-Card Platform downloaded directly from a legitimate market place, solely in object code format and solely for your personal use for lawful purposes.

We are giving you personally the right to access and use the Services. If others you know wish to access the Services they should create their own account.

This licence granted to you to use of the Services does not permit you to do, and you shall not do nor permit any third party to do, any of the following:

    • embed our Services into any product of yours or any third party;
    • make available through automated or manual means any part of the Services by way of crawling, scraping, spidering or otherwise;
    • copy or access all or any part of the Services other than via the interface(s) provided to you by us; or
    • circumvent or attempt to override any security features we have installed around the Services.

We make no representations or warranties as to the accuracy, reliability, completeness of any Client Organisation Content available through the Services, and we make no commitment to update such Client Organisation Content. All content is provided as is without any representation, warranty or condition as to its accuracy or reliability.

Data and rights you give us

We claim no intellectual property rights in and to any material you provide or otherwise transmit to us via the Registration Form. All data and information that you collect and input into the Platform shall belong to you.

However, to enable your use of the Services, we will need to collect data and information about you, including personal data ( “User Data”). As such, we require, and you hereby grant us, a worldwide, non-exclusive, royalty free licence to store, use, reproduce, display and transmit the User Data and any other materials transmitted via the Service to the extent necessary to enable your use of the Services, including monitoring services.

Data Protection and Privacy

We will use User Data only in order to provide the Services to you and only as permitted by applicable law, these Terms and our Privacy Notice(https://ec-cardapp.com/privacy-notice).

For the purposes of providing the Services, we may collect, process and store certain data including personal data, for which we will be the data controller. To the extent that we process any User Data on your behalf when providing the Services, you will be the data controller and we will be a data processor.

For the purposes of this Agreement, Data Protection Laws means (i) The Data Protection Act 2018 and Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the “GDPR”); (ii) the EU e-Privacy Directive (Directive 2002/58/EC); and (iii) any and all applicable national data protection laws made under or pursuant to (i), (ii); in each case as may be amended or superseded from time to time; and “Personal Data”, “Data Subject”, “Data Controller”, “Data Processor” and “Process” shall have the meaning given to them by the Data Protection Laws.

Security

Provide Digital will implement appropriate technical and organisational measures to protect your confidential information and data, including User Data as defined in clause 9 against unauthorised or unlawful processing and accidental loss or damage.

Limitation of liability

You agree to the following limitations on our liability to each other:

  • exclusion of certain losses: the parties shall not be liable to each other for any loss of profits, business, anticipated savings, goodwill or business opportunity, business interruption, loss or corruption of data or information, or for any special, indirect or consequential loss or damage, howsoever arising under these Terms; and
  • cap on liability: our maximum aggregate liability to each other in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to £100.

Further, we do not take responsibility for any damage or loss caused by errors or omissions in any content included in the registration form. You are solely responsible for your health and well being and safety.

Nothing in these Terms shall exclude either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law. All warranties, conditions, representations or other terms implied by statute or common law in relation to the Services, the Service data and the Platform provided by us are excluded to the fullest extent permitted by law.

Indemnity

Subject to the cap on liability in clause 11 above, you will defend, indemnify and hold harmless Provide Digital against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services, Service data or Platform in breach of these Terms or other agreements referred to in these Terms.

Subject to the cap on liability in clause 11 above, Provide Digital will defend, indemnify and hold you harmless against claims, actions, proceedings, losses, damages and costs arising out of any claim made against you by a third party alleging infringement of their intellectual property rights through or in connection with your use of the Services, Service data or Platform as long as:

  • you give us prompt notice of any claim;
  • you provide us reasonable co-operation in the defence and settlement of such claim, at our expense; and
  • you give us sole authority to defend or settle the claim.

In the defence or settlement of any such claim, we may procure the right for you to continue using the Services, Service data and/or the Platform, replace or modify the Services, Service data and/or the 6 Platform so that they become non-infringing or terminate this agreement without any additional liability or obligation to pay you damages or additional costs.

This clause 12 sets out your sole and exclusive rights and remedies, and our entire obligations and liability, for infringement of any third party intellectual property rights.

Termination and renewal

We may terminate these Terms with you immediately, without notice, in the event you commit a material or persistent breach of these Terms , the Services are discontinued, we lose the right to provide you with the Services, you no longer fall within the age range specified by the Client Organisation to be able to use the Services, or where the provision of the Services becomes unlawful. If you request access to copies of data supplied by you to the Platform, we will provide this to you in electronic form within 5 working days of your request.

Upon termination of these terms:

  • all rights granted to you under these Terms, including the right of access in clause 7, shall cease;
  • you must cease all activities authorised by these Terms, including use of the Services, Service data and Platform; and
  • you must immediately uninstall, delete or remove from all computer equipment in your possession or control, and destroy or return to us all copies of, any software used in the provision of the Services.

Confidentiality

You and Provide Digital agree that each shall maintain the confidentiality of and shall not disclose to any third party all confidential documents and information of the other party, its respective vendors, licensors and other third parties, that such party may furnish (the “Disclosing Party”) to the other party or which the Disclosing Party makes available to the other party (the “Receiving Party”) and that the Disclosing Party treats as confidential, including without limitation, business information, customer and client lists, pricing of products or services, technology, agreements, business plans, software, technical documentation, and other information which is not publicly available.

The Receiving Party agrees to use all such information solely for the performance of its obligations under this Agreement. The parties’ obligations under this provision shall survive termination of this Agreement, but such obligations shall not include information that is or becomes part of the public domain through no act or omission of the Receiving Party or breach by the Receiving Party of this Agreement.

Acceptable Use

Services provided by us may only be used for lawful purposes. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the services. Any material or conduct that in our judgment violates this policy in any manner may result in suspension or termination of the services or removal of user’s account with or without notice.

Prohibited use

You may not use the services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:

  • Phishing or engaging in identity theft
  • Distributing computer viruses, worms, Trojan horses, or other malicious code
  • Distributing pornography or adult related content or offering any escort services
  • Promoting or facilitating violence or terrorist activities
  • Infringing the intellectual property or other proprietary rights of others

Enforcement

Your services may be suspended or terminated with or without notice upon any violation of this policy. Any violations may result in the immediate suspension or termination of your account.

Reporting violations

To report a violation of this policy, please contact us at info@providedigital.com

Other important terms

Assignment and other dealings: You may not assign, transfer, sub-licence or deal in any other manner with any or all of your rights under these Terms, without our prior written consent. Waiver: A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. Severance: If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Terms. Relationship: Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties or constitute any party the agent of another party. Third Party Rights: No one other than a party to these Terms, their successors and permitted assignees, shall have any right to enforce any of its terms. Entire Agreement: These Terms and all documents referred to in them, constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Jurisdiction/Governing Law: These Terms, their subject matter and its 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.

Contact us

To contact us, or if you are experiencing problems with the Services, please email info@providedigital.com.