End User Licence Agreement
Effective 13 May 2022 ·
Your use of the Careful Platform is governed by this End User Licence Agreement (the "EULA"), our Website Rules & Regulations / Online Terms of Service and our Online Privacy Statement (collectively the "CSL Terms").
Your use is also governed by the Data Protection Act 1988 and the General Data Protection Regulation (EU Regulation 2016/679).
By downloading or using the Careful Platform — whether on a web browser or on a mobile device — you agree to be bound by these CSL Terms and by applicable law. If you do not agree to the CSL Terms, you should not download or use the Careful Platform.
The Careful Platform, its services and any third-party materials which may form part of the system are intended for use by authorised users only. If you wish to use the system or have any data privacy concerns, please contact privacy@careful.online.
1. Scope of Licence
Careful Systems Ltd, its subsidiaries and affiliates ("our", "we", "us", "CSL", "provider") grants you a limited non-transferable licence to use, access and, where relevant, download and install the Careful Platform on any supported desktop or mobile device or operating system (an "Authorised Device or OS"). Any download is subject to and conditional upon the terms imposed by the operator of the store or shop from which you download the Careful Platform (the "Store Rules"). You must not:
- use the Careful Platform on any mobile device that you do not own or control;
- distribute or make the Careful Platform available over a network where it could be used by multiple devices at the same time;
- rent, lease, lend, sell, redistribute or sublicense the Careful Platform; or copy (except as expressly permitted by this licence and the Store Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Careful Platform, any updates, or any part thereof.
If you breach the terms of this licence, you may be subject to prosecution and damages.
2. Changes to this EULA
CSL reserves the right to revise this EULA from time to time. We will update the effective date when we make any change. If you do not agree with this EULA at any time, you should cease using the Careful Platform. Your continued use constitutes your continued agreement with the current EULA.
3. Privacy and Your Personal Information
We collect personal information such as your username, password, personal details, device information and operating system to provide the Careful Platform. We collect, store and process all information strictly in accordance with the CSL Online Privacy Statement, the Data Protection Act 1988 and the General Data Protection Regulation.
We also collect, monitor and store information about your use of the system including, but not limited to, all activity that you undertake in adding, modifying or deleting Patient Identifiable Information (PID).
4. Data Protection
The Careful Platform enables the collection, storage and sharing of personal information by clinicians and patients for the purpose of safely and effectively managing patient care. We shall take all necessary precautions to ensure that information is stored securely and in accordance with applicable law.
You shall warrant and ensure that at all times you protect access to patient information, keep passwords and access credentials secure, and that information you enter complies with the Data Protection Act and the UK GDPR.
5. Intellectual Property
The design, trademarks, service marks, logos and branding displayed on the Careful Platform, and all content within it, belong to CSL, its trademark licensors and other parties. CSL Intellectual Property is protected by applicable intellectual property law and you must not use it except as strictly permitted by these Terms.
6. Termination
CSL may discontinue the Careful Platform or terminate your licence to use it at any time. We will terminate your licence if you fail to comply with the CSL Terms. Upon termination, you must stop using the Careful Platform and delete it from your device.
7. Changes to the Careful Platform
CSL may change or update the Careful Platform and its features at any time. You may be required to download and reinstall a new version if changes and updates are made.
8. Services
The Careful Platform enables access to CSL sites, services and information as well as third-party sites, services and information. Use of the Services may require internet access and acceptance of additional terms of service.
9. No Warranty
The Careful Platform is provided "as is" and "as available" with all faults. CSL excludes, to the greatest extent permitted by law, all warranties, conditions and other contract terms. CSL does not warrant that the functions contained in the Careful Platform will meet your requirements, that operation will be uninterrupted or error-free, or that defects will be corrected.
10. Telecommunications Network Operator
Access and use of the Careful Platform occurs across networks operated by third parties. Because we do not operate or control these networks, we cannot guarantee the privacy or security of data sent over them and we disclaim responsibility for any such network or service.
11. Limitation of Liability
We will not be responsible for any loss of profits, revenues, business, data, or other commercial damages, whether direct or indirect. Our liability to you for all damages shall not exceed fifty pounds (£50). Nothing in these CSL Terms shall exclude or limit our liability for fraud, or death or personal injury caused by our negligence.
12. Indemnification
You shall indemnify and hold CSL, its licensors and affiliates harmless from any claim or demand arising out of your mis-use of the Careful Platform, any breach of the CSL Terms, or your failure to keep access credentials secure.
13. Lawful Use
You may not use or export the Careful Platform except as authorised by English law. You warrant that you will use the Careful Platform and its data for lawful purposes only.
14. Governing Law and Jurisdiction
The CSL Terms and your use of the Careful Platform are governed by and subject to the laws of England.
15. Third Party Beneficiaries
You agree that the owner of each operating system on which the Careful Platform is made available and its subsidiaries are third-party beneficiaries of these CSL Terms, with the right to enforce applicable portions against you pursuant to the Contracts (Rights of Third Parties) Act 1999.
Careful Systems Ltd (Registered Office: Vestry House, Laurence Poultney Hill, London EC4R 0EH) is registered in England and Wales with Company Number 10176186.