1. Introduction
1.1. We have developed the Friends & Family App (“the App”) so that you can view the alarm activations and related information for the alarm user who has granted you access to this. The App and the content and data included in the App are owned by [Careline 365 Limited “Careline” “we”, “us”] and are provided subject to the following terms and conditions which are agreed by End-User “you” or “your” on the one hand and [Careline 365 Limited], its licensors and affiliated companies on the other hand.
IMPORTANT: CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE PURCHASING OR USING THE APP. PURCHASING, INSTALLING, COPYING, OR OTHERWISE USING THIS APP INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND AGREED TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE APP.
These terms and conditions should be read in conjunction with Careline’s Privacy Statement and cookies policy.
1.2. Contacting us
You can contact us by phone, email, web form or post and can find our latest contact details at https://www.careline.co.uk/contact-us/.
1.3. How we will communicate with you
If we need to contact you specifically we will do so by email using the contact details you have provided.
2. Changes to these terms and conditions
2.1. We may, at any time and in our sole discretion, amend these terms for any reason. The latest version of our terms will be accessible through the App, and we will inform you via the App, or the email address associated with your account.
3. How to register to use the App
3.1. The alarm user, or their nominated representative, will have to provide your email address to us so that we can enable your access to the app. After this is done you will receive an invite email, which includes an invitation code. Once you have the invitation code you can register your account through the app using the email address provided and your invitation code.
3.2. If you access or attempt to access the App from outside the United Kingdom:
- we cannot guarantee you will be able to access the App or that it will function correctly.
- you are responsible for complying with any local laws that apply to you in the country from which you are using the App.
3.3. In order to use the App you must be aged 18 years or older.
4. Accessing the App
4.1. You are responsible for making all arrangements necessary for you to access the App, including but not limited to:
- a secure internet connection.
- an appropriate device, operating system and browser that meet our minimum requirements.
- downloading it from either Google Play or Apple's App Store (subject to their terms and conditions).
- using your own virus protection software (and regularly updating it).
4.2. The App is only intended to be used by you. If you permit any other person to use your account, you:
- do so entirely at your own risk.
- must not share your user identification code or password with such persons.
- are responsible for their access and use of the App as if it were your access and use.
- must make sure such persons are aware of these terms and comply with them.
5. Updates to the App
5.1. From time to time we may automatically update the App or ask you to update it, depending on your app auto-update settings, to improve performance, enhance functionality, reflect changes to the operating system, or address security issues.
5.2. If updates are not installed, you may not be able to use the App or you may find that its functionality and/or performance is impaired.
6. Details about the Services
6.1. The following services may be available to you through the App:
- To receive notifications when the status of the monitored alarm users changes e.g. they have activated their alarm.
- To see the history of the monitored alarm user’s status.
- To see the alarm user’s alarm activation history.
6.2. The App and services within it:
- are not a substitute for seeking medical advice. Always follow any medical advice given by a healthcare professional.
- are provided for information purposes including, to assist you to manage any conditions and treatments under the supervision and care of a healthcare professional.
- do not provide medical or clinical diagnostic services.
7. Consent
7.1 it is a condition of your use of the App that you have provided or obtained all necessary consents to enable personal data to be used in connection with the services made available through the App.
8. Ending your use of the App
8.1. You may stop using the App at any time by using the Delete Account option found within the App settings.
8.2. If you breach any of these terms we may prevent you from accessing the App and:
- your access to the App will stop.
- any personal data we hold about you will be dealt with in accordance with our data retention policy, which is set out in our privacy policy.
- all rights granted to you under these terms shall automatically cease without further notice (although your statutory rights - for example in respect of data protection as described in the privacy policy - are not affected)
9. Your right to use the App
9.1. We own or have the right to use all intellectual property rights used for the provision of the App, including rights in copyright, patents, database rights, trademarks and other intellectual property rights, (“IPR").
9.2. You have permission to use the App for the sole purposes described in these terms. You need written permission from us to use these items in any other way.
9.3. Unless permitted by law or under these terms, you will:
- not copy the App or any IPR;
- not rent, lease, sub-license, loan, translate, merge, adapt or modify the App or any IPR;
- not combine or incorporate your (or any other) account in any other programmes or services;
- not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or other any IPR;
- comply with all technology control or export laws that apply to the technology used by the App or other any IPR
10. Prohibited uses
10.1. You may not use the App:
- to collect any data or attempt to decipher any transmissions to or from our servers
- in a way that could damage, disable, overburden, impair or compromise our systems or security
- to transmit any material that is insulting or offensive
- in a way that interferes with other users
- in any unlawful manner or for any unlawful purpose
- in a manner that is improper use or inconsistent with these terms
- to act fraudulently or maliciously by hacking into the App
- to transmit, send or upload any data that contains viruses, Trojan horses, worms, spyware or any other harmful programs designed to adversely affect the operation of computer software or hardware
- in connection with any kind of denial-of-service attack
- unless it has been downloaded from official App Marketplaces (Google Play Store or Apple App Store)
If you do any of the above acts you may also be committing a criminal offence, and we will report any such activity to the relevant law enforcement authorities. We will co-operate with those authorities by disclosing your identity to them
11. Our liability to you
11.1. Although we make reasonable efforts to provide, maintain and update the App it is provided "as is" and, to the extent permitted by law, we make no representations, warranties or guarantees, whether express or implied (including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose), that the App or any particular services you access through the App (a) are accurate, complete or up-to-date; (b) will meet your particular requirements or needs; or (c) will always be available, error free, uninterrupted or free of viruses.
11.2. We are not responsible for external links to or from the App and cannot guarantee these will always work.
11.3. Nothing in these terms excludes or limits our liability for:
- death or personal injury arising from our negligence;
- fraud or fraudulent misrepresentation;
- any loss or damage to a device or digital content belonging to you, if you can show that a) this was caused by us and b) we failed use to use reasonable skill and care to prevent this; or
- any other liability that cannot be excluded or limited under English law.
11.4. Subject to clause 11.3 of these terms, we will not be liable or responsible to you or any person you use an App on behalf of for:
- any harm, loss or damage suffered where this is not caused by our breach of these terms
- any loss or damage arising from an inability to access and/or use the App in whole or in part
- any business loss (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure)
- any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the App.
11.5. This clause 11 does not affect any legal rights you may have as a consumer in relation to defective services or software. Advice about your legal rights is available from your local Citizen's Advice or Trading Standards Office.
12. General
12.1. These terms, and any other terms or policies referenced, set out the entire agreement between you and us in respect of your use of the App.
12.2 These terms do not give any rights to any third party to enforce any of these terms.
12.3. Each of the clauses and sub-clauses of these terms operates separately. If any part is determined to be invalid or unenforceable it will be superseded by a valid and enforceable provision that most closely matches the intent of the original and all other terms shall continue in effect.
12.4. Even if we delay in enforcing these terms we can still enforce them later.
12.5. The laws of England shall apply exclusively to these terms and all matters relating to use of the App, and dispute shall be subject to the exclusive jurisdiction of the courts of England.
13. Previous versions
The terms of use may change from time to time. We will inform you via the App, or your associated email address if we make any significant changes to our privacy policy, cookies policy or terms of use.
