1. Who we are
1.1. We are Prema Care Solutions Ltd. Our company information is at the end of this document.
2. What this is all about
2.1. These are our terms and conditions which apply to use our Properties (explained below). These terms do not apply to our supply of care introduction services to care providers and users which are subject to subject to separate terms.
2.2. Please read these terms and conditions carefully and save a copy if required. They’re available in English only.
2.3. For app users: These terms and conditions are an “end user licence agreement” between you and us (not the Store) in relation to our app (i.e. setting out how we allow you to use our app). You also agree to be legally bound by the Store Rules.
3. Some definitions
3.1. Here are some definitions which are used in this document (all capitalised):
“Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
“Content” - all information of whatever kind uploaded to our Properties (including messages sent via our Properties).
“Properties” – our website and our Prema Care app.
“Store” – the app distributor from which you download the app (e.g. Apple app Store, Google Play app Store).
“Store Rules” – any applicable rules, policies or terms of the relevant Store.
“User” - persons or organisations using our Properties (whether or not registered with us).
4. Forming a contract with us
4.1. By downloading, registering or or using our Properties, you enter a legal contract with us to use our Properties.
5. Changing our terms and conditions
5.1. We may change these terms and conditions by giving you at least 15 days’ notice by posting a new version on our website and by notifying you by email, SMS and/or in-app message. You will be bound by the new terms if you use any of our Properties after the new terms take effect.
6. Your right to use our Properties
6.1. We grant you a limited personal non-transferable right to use our Properties on any applicable device owned or controlled by you (only Apple-branded where Apple Inc is the Store) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.
7. Acceptable use of our Properties
7.1. You agree not to do any of the following in connection with the Properties:
- breach any applicable law, regulation or code of conduct;
- upload any Content (including links or references to other content), or otherwise behave in a manner, which:
- is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
- infringes any intellectual property or other rights of others;
- involves phishing or scamming or similar; or
- we otherwise reasonably consider to be inappropriate;
- upload any Content which includes someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
- impersonate any person or entity in order to mislead others;
- use the Properties with a view to providing a similar service to us;
- use the Properties for junk mail, spam, pyramid or similar or fraudulent schemes;
- do anything which may have the effect of disrupting the Properties including denial of service attacks, worms, viruses, software bombs or mass mailings;
- do anything which may negatively affect other Users’ use of the Properties;
- gain unauthorised access to any part of the Properties or equipment used to provide the Properties;
- intercept or modify communications to or from the Properties;
- circumvent any security or other features of the Properties including features that restrict use or copying of Content; or
- attempt, encourage or assist any of the above.
7.2. You agree to:
- comply with any rules or requirements on our Properties; and
- ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes.
8. If you upload Content to our Properties
8.1. You are responsible for your Content.
8.2. You promise you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Properties and these terms and conditions.
8.3. We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
9. Other peoples’ services / advertising / websites
9.1. We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
10. Our guidance
10.1. If we ourselves provide any guidance or other general information on our Properties, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
11. Your account
11.1. Unless otherwise specifically stated on our Properties, your account is for your personal use only and is non-transferable. You agree not to allow any other person to use your account. You agree to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
12.1. You acknowledge that the Store has no obligation to supply any maintenance and support services in relation to the app.
13. Compatibility of app
13.1. We do not guarantee that the app is or will be compatible with any particular mobile devices or associated operating systems (OS’s). You acknowledge that the supplier of the device or OS may issue an update that causes our app to stop working. We may issue app updates through the Store; if so, you may not be able to use our app properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for app updates and to install them as soon as they become available.
14. Functioning of our Properties
14.1. We do not guarantee that the Properties will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Properties for repair, maintenance, improvement or other technical reason and (b) to make changes to the Properties.
14.1. You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Properties.
15. Ending this contract
15.1. You may at any time end this contract to use our Properties by emailing us and, if applicable, by uninstalling the app from all of your devices.
15.2.We are entitled to end this contract if:
- you break this contract;
- acting reasonably, we think that it is necessary to protect us or others;
- we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
- you or anyone on your behalf acts inappropriately towards our staff.
15.3. We are entitled at any time to end this contract if we terminate our Properties as a whole or if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
15.4. If this contract ends:
- Your right to use our Properties and all licences are terminated.
- Existing rights and liabilities are unaffected.
- All clauses in this contract which are stated or intended to continue after termination will continue to apply.
16. Restrictions on our legal responsibility – very important
16.1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
16.2. If you are a Consumer, we shall not be liable for any loss or damage where:
- there is no breach of a legal duty owed to you by us;
- such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
- such loss or damage relates to a business of yours.
16.3. If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Properties.
16.4. The following clauses apply only if you are not a Consumer:
- In no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data
- (even if we have been advised of the possibility of such losses).
- You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Properties and/or breach of this agreement.
- To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
- This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
16.5. The following applies where Apple Inc is the Store:
- In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app (if applicable). 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 our sole responsibility subject to these terms and conditions.
- We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the app or the end-user’s possession and/or use of that 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, privacy or similar legislation including use of HealthKit and HomeKit frameworks.
17. Intellectual property rights (e.g. copyright)
17.1. The intellectual property rights in all material used on or in connection with our Properties are owned by us or by our partners. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
17.2. Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Properties without our specific prior written consent.
17.3. You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
17.4. In the event of any third party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
19. Events outside our control
19.1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
20. Legal compliance
20.1. You promise 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. (This clause is required by Apple, Inc.)
21. Apple Inc is a “Third Party Beneficiary”
21.1. Where Apple Inc is the Store: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
22.1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
23. English law
23.1. This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
24.1. We may send all notices under this agreement by email to the most recent email address you have supplied to us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
25.1. If you have any complaints, please contact us via the contact details shown below.
26. Company information
26.1. Company name: Prema Care Solutions Ltd
26.2. Trading name: “Prema Care”
26.3. Country of incorporation: England and Wales.
26.4. Registered number: 12972926
26.5. Registered office and trading address: Director Generals House, 15 Rockstone Place, Southampton, SO15 2EP, UK.
26.6. Contact email address: firstname.lastname@example.org
26.7. Other contact information: See our website.