Last updated: 1st January 2021
Careology Health Limited of 2 Stephens Street, London, England, W1T 1AN under company number 10205660 ("Careology", "us", "we" and "our") has developed and owns (or licences) a digital healthcare solution targeted at Clinicians, Patients and Caregivers (as those terms are defined below).
These terms and conditions apply in respect of an individual Clinician's access and use of Careology Professional and related Services (as those terms are defined below) ("Clinician Terms").
Please ensure you have read and understood these Clinician Terms carefully as by accessing or using Careology Professional you are accepting that you are bound by the then current version of these Clinician Terms.
We reserve the right to amend these terms from time to time. We will email you to alert you to any new terms or notify you of any change when you next use the platform. Your continued use of the platform for thirty (30) days will be deemed to be acceptance of any new terms.
Your attention is particularly drawn to the provisions of clause 1 (Important Statements) and clause 8 (Liability).
1. Important Statements
Access to and use of Careology Professional under these Clinician Terms is exclusively for the individual Clinician for their own purposes ("Individual Clinician Subscription"). If your employing service provider or organisation wishes to purchase a license for use across the organisation, they must sign up as an enterprise user ("Enterprise Subscription") the details of which are available on our Site here. If you have signed up for a Individual Clinician Subscription and your employing service provider or organisation wishes to transfer to an Enterprise Subscription, please contact us at: firstname.lastname@example.org
Not a healthcare provider
- Careology is not a healthcare provider and Careology Professional is not certified as a medical device. Careology only provides Careology Professional to enable you to log or view a range of information relating to the healthcare of your patients. It is a communication platform only and Careology is not responsible for any information, including the accuracy of such information, communicated through it by Clinicians, Patients or Caregivers.
- Neither Careology nor Careology Professional will diagnose, treat, cure or prevent any health issues or make any recommendations concerning the Patient's healthcare or treatment.
- The information Careology (or its related third parties) makes available on, through or in connection with Careology Professional or Patient/Caregiver App is not a medical device or the provision of medical advice.
- To use Careology Professional, Patient will upload Patient Data (as defined below). We do not pre-screen or review the Patient Data and shall not be liable or responsible for its accuracy or completeness.
- You are responsible for reviewing the Patient Data in full and drawing conclusions and ascertaining the status of Patients from the Patient Data in accordance with your professional obligations. We are not responsible in any way for determining, analysing or drawing conclusions from the Patient Data and we are only making the Patient Data available to you.
- You acknowledge that Careology and the Clinicians are separate controllers of the Patient Data. You shall only process Patient Data in accordance with the Data Protection Laws (as defined below).
- You shall notify us within 48 hours of becoming aware if you suspect any breach of personal data leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Patient Data transmitted, stored or otherwise processed. You shall inform us immediately if you receive any requests from a third party relating to Patient Data and shall provide us with reasonable, prompt assistance with complying with any data subject requests or any queries or complaints from a supervisory authority, within the timeframes set out in the Data Protection Laws.
You must register an account for Careology Professional and to do so you must meet our eligibility criteria. Accordingly, you represent and warrant to us that:
- you are an English speaker based in the UK;
- you are signing up for Individual Clinician Subscription and do not intend to share access to and use Careology Professional with any third parties within your organisation, other than to third parties who are required to be part of a particular Careology Network to facilitate the treatment of the Patient;
- where applicable, you are a medical practitioner or other health care professional, registered with the appropriate medical body, have all the requisite accreditations and indemnities to practice legally including work you will undertake on Careology Professional, and accept that you are responsible and liable for the care you provide through Careology Professional;
- you are responsible for ensuring that you maintain all necessary registrations, indemnities and insurance to provide care to Patients for as long as you use Careology Professional;
- where required, you are authorised by your employing service provider (if any) to use Careology Professional; and
- you are not currently restricted from using Careology Professional.
- A "Careology Network": (i) may consist of up to one Patient, one or more Caregivers and one or more Clinicians; and (ii) exists for the Patient's benefit.
- Patients and Caregivers download, access and use the Patient/Caregiver App (subject to their agreement of the Patient/Caregiver Terms). Clinicians access and use the cloud-based Clinician Platform (subject to your agreement to these Clinician Terms).
- Any member of a Careology Network may issue a link with a unique code to a proposed Patient, Caregiver or Clinician. However, the Patient has full control over who may join (and who they wish to remove) from the Careology Network. Any member of a Careology Network may leave the group at any time and doing so will not affect that Careology Network save where: (i) the Patient leaves the Careology Network (in which case the other members of the Careology Network will no longer have access to any User Content (as defined below) relating to the Patient); and (ii) any related charges cease to be paid for the Careology Network, in which case, access will be suspended to all members of the Careology Network.
- The Careology solution can enable members of the Careology Network to view User Content is submitted to Careology Professional or Patient/Caregiver App. Be aware that the other members of the Careology Network may not see this User Content or the related alert. This is not Careology's responsibility. You should assume that the other members of the Careology Network have not seen the User Content or related alerts and not wait to be contacted / contact the other members of the Careology Network as is required.
- Careology cannot and does not give any guarantees as to the availability or continuous operation of the Clinical Platform or the Patient/Caregiver App.
It is vital that you supply us with correct information about yourself (including any information supplied by you on Careology Professional or when creating an account). Some parts of Careology Professional are based on that information. In order to continue to provide you with a high quality of service it is important that you regularly update Careology Professional. If you do not do this, the tools and content may become unsuitable for you and your Careology Networks. We are not liable for any incorrect or inaccurate information supplied to us by you or anyone in your Careology Network.
The following terms have the corresponding meanings:
"Caregiver" means friends, family or carers (other than the Clinician) of the Patient.
"Careology Account Manager" means the Careology representative allocated to you to deal with any service related queries.
"Careology Network" has the meaning set out in clause 1.
"Careology Professional Fees" means the fees payable by you or your organisation for use of Careology Professional in accordance with clause 6.
"Careology Professional" means the Careology Professional platform (and any update/upgrade thereto), available here, and any related services, information, content and materials which Careology owns (or licences) or otherwise makes available to Clinicians (subject to their agreement and adherence to these Clinician Terms).
"Clinician" means a medical practitioner, healthcare professional, which in this context is you. When we refer to "Clinician" in these Clinician we also refer to a Case Manager, if this is relevant to you.
"Data Protection Laws" means the applicable data protection laws, and including without limitation, the General Regulation on Data Protection (EU) 2016/679, the UK Data Protection Act 2018 and all national legislation implementing or supplementing the foregoing as amended, re-enacted and/or replaced and in force from time to time.
"Patient" means the individual for whose primary benefit a Careology Network exists.
"Patient/Caregiver App" means the app (and any update/upgrade thereto) that Careology makes available for download and use by the Caregivers and Patients.
"Patient Data" means information relating to the Patient and the Patient's health inputted into Careology Professional by the Patient (or their Caregiver);
"Patient/Caregiver Terms" means the standard terms and conditions governing Careology's relationship with Patients and Caregivers, respectively.
"Site" means our website available at https://www.careology.health/ (or any subsequent site).
"User Content" means any content or information a Patient (including the Patient Data), Caregiver or Clinician, respectively, uploads, or which is uploaded on its behalf (other than by Careology or its subcontractors) to the Patient/Caregiver App or Clinician Platform, as applicable.
3. Your use of Careology Professional
We will make Careology Professional available to you as described in these Clinician Terms. You may use Careology Professional for professional and lawful use and in accordance with these Clinician Terms.
You acknowledge and agree that:
- Careology accepts no obligation to monitor the use of Careology Professional. However, Careology reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these Clinician Terms or any breach of applicable law or regulation. Careology will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security;
- Careology may change the format, content or features of Careology Professional from time to time with or without notice to you;
- you shall keep your password secure for use of the platform and not permit others to use your account (including for example any other person in your medical group such as a nurse or colleague);
- you are responsible for anything that happens through your account;
- you have the legal power to enter into these Clinician Terms;
- if you discover any unauthorised use of your account, you must promptly let us know;
- we have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms; and
- you are not allowed to use or copy any material on or relating to Careology Professional for any purpose other than as expressly described in these Clinician Terms and on the Site.
What you can't do
You may not, and you warrant that you will not, use the Careology Platform:
- to knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- in any way that breaches any applicable local, national or international law or regulation. If you access our service from outside of the UK, you are responsible for ensuring that it is lawful to do so and for complying with the laws of the country from where you access the platform;
- where required, without having authority to do so from your employer (if any);
- in any way that is inconsistent with these Clinician Terms or your professional obligations;
- in any way that is unlawful, malicious or fraudulent, or has any unlawful, malicious or fraudulent purpose or effect;
- to create a false identity or submit inaccurate, false or misleading information;
- to send material or other content during your use of Careology Professional or behave in a way that is unlawful, dishonest, threatening, defamatory, obscene, discriminatory or is racially offensive;
- to send material which infringes our intellectual property rights or those of any third party;
- except to the extent expressly set out by applicable law, to reproduce, duplicate, copy, reverse engineer or re-sell any part of Careology Professional;
- except with our express written consent, include or create links to or from Careology Professional, or remove or change any copyright, trademark or other intellectual property right notices contained in Careology Professional; and/or
- to access, without authority, interfere with, damage or disrupt any part of Careology Professional, any equipment or network on which Careology Professional is stored; any software used in the provision of Careology Professional; or any equipment or network or software owned or used by any third party.
All rights granted to you under these Clinician Terms will terminate immediately if you are in breach of any of these terms.
4. Intellectual Property
We own or license all intellectual property rights in Careology Professional and any content, materials or information that exists on or is created by or in connection with Careology Professional (other than User Content). On the condition that you comply with these Clinician Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable licence to access and use of Careology Professional in accordance with these Clinician Terms. Except to the extent expressly set out in these Clinician Terms, nothing in these Clinician Terms gives you any rights in respect of any intellectual property owned by Careology or its licensors and you acknowledge that you do not acquire any ownership rights by using Careology Professional. In particular, "Careology" is a registered trademark or an application for a registered trademark owned by Careology. You must not use Careology's brand, logo or mark without written licence.
- The Patient, Caregiver and Clinicians each, respectively, are responsible for the User Content they upload (or which is uploaded on their behalf, other than by Careology or its subcontractors) to the Patient/Caregiver App or Clinician Platform, as applicable. Nothing in these Clinician Terms grants Careology any ownership rights in the User Content.
- You grant Careology a non-exclusive, transferable, sublicensable, worldwide, royalty free licence to use the User Content to deliver Careology Professional to you and to develop the Careology Professional. We will only use fully anonymised and aggregated User Content to develop Careology Professional.
- Careology does not control or monitor the User Content posted to or via the platform and, in particular, does not control the User Content and, as such, Careology does not make or give any representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, usefulness, quality, fitness for purpose or originality of any of the foregoing content or data.
5. Third party interactions
During use of Careology Professional, you may enter into correspondence with, purchase goods
and/or services from, or participate in promotions of advertisers or sponsors showing their
goods and/or services through Careology Professional. Any such activity (and any terms,
conditions, warranties or representations associated with such activity), is solely between
you and the applicable third party.
- Careology and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Careology does not endorse any third party or any sites on the Internet that are linked through Careology Professional. Careology provides links and access to third parties only as a matter of convenience, and in no event shall Careology or its licensors be responsible for any advice, content, products, or other materials on or available from such companies or sites.
Careology Professional is available on a number of different subscriptions ("Subscriptions"). Save where otherwise agreed between Careology and you, you agree to pay the Careology Professional Fees (as defined above) in the manner and form set out on the pricing page of our website, available here. Once you have purchased your Subscription, we will send you an email confirming the details of your Subscription ("Order Confirmation").
7. Term, termination and suspension
Free trialsIf we have agreed to provide you with a free trial of Careology Professional ("Free Trial"), at the end of the Free Trial if you have not chosen to purchase a Subscription, your access to Careology Professional will terminate immediately. You can terminate your Free Trial at any time.
SubscriptionsIf you have purchased a Subscription, it will continue for 12 months from the date you purchase (the "Subscription Term"). The Careology Professional Fees payable for your Subscription Term are either paid in one instalment in advance or monthly (at your election). If you wish to terminate your Subscription, you must provide us with 30 days' notice, however if you terminate before the end of your Subscription Term, we will not refund any Careology Professional Fees paid by you in advance and if you have elected to pay monthly, you will be required to pay the Careology Professional Fees monthly until the end of your Subscription Term.
If you do not cancel your Subscription within 30 days from the end of the Subscription Term, at the end of your Subscription Term, your Subscription will automatically renew for an equal period ("Renewal Term"). You can cancel your Renewal Term at any time on 30 days' notice however if you terminate before the end of the Renewal Term, we will not refund any Careology Professional Fees paid by you in advance.
Any Careology Professional Fees paid in advance will be refunded to you via the original payment method.
To terminate your Subscription or Free Trial please contact us at email@example.com
Careology may, in addition, and without liability, terminate your Subscription, or alternatively, may suspend access to and use of Careology Professional, by giving you written notice if: (i) any invoiced amount (not then-currently being disputed in good faith) is outstanding beyond the due date for payment for longer than 90 days; (ii) clauses 1(a), 1(c), 1(d), 3 or 4 is breached; and/or (iii) you are in persistent or repeated breach of any of your obligations under these Clinician Terms (whether or not it is the same obligation that is breached and whether or not such breaches are remedied).
Upon termination you will have 30 days to retrieve your User Content from Careology Professional.
We do not exclude or limit liability in any way for:
- either of our liability for death or personal injury caused by the negligence of our employees, agents or subcontractors, for fraudulent misrepresentation;
- your liability under or in connection with clauses 1(b), 1(c), 1(d), 3, 4, 8(g), and 9(a).
Subject to clause 8(a), we shall not be liable under or in relation to the Clinician Terms
(whether such liability arises due to breach of contract, negligence, misrepresentation or
for any other reason) in respect of any of the following types of loss: (i) loss of profit
or revenue (with the exception of any such loss on the part of Careology arising from the
wrongful termination, or any other material breach, of these Clinician Terms by you); (ii)
loss of, or damage to, software or data to the extent that the loss or damage concerned
could have been prevented by the taking of backups (except to the extent that the party
seeking to rely on this exclusion was responsible for taking the backups concerned and has
failed to do so, and the loss or damage arises as a result of that failure); and (iii)
indirect, consequential or special loss or damage (regardless of whether or not the party
concerned was aware, or ought reasonably to have been aware, that any such loss or damage
Subject to clauses 8(a) and 8(b) the liability of each party under or in relation to these
Clinician Terms (whether such liability arises due to breach of contract, negligence,
misrepresentation, or for any other reason) shall be limited, in respect of each 12-month
period calculated from the Subscription commencement date (each a "Contract Year"), to the
greater of: (i) an amount equal to 100% of the total Fees paid or payable by you under this
agreement during such Contract Year; or (ii) £10,000.
Except as expressly provided for herein, Careology Professional and all related components
and information are provided on an “as is” and “as available” basis without any warranties
of any kind, and we expressly disclaim any and all warranties, whether express or implied,
including the implied warranties of merchantability, title, fitness for a particular purpose,
and non-infringement. You acknowledge that we do not warrant that the services will be
uninterrupted, timely, secure, or error-free.
We remind you that, as set out in clause 1, Careology is not a healthcare provider. If you are a medical
practitioner or other healthcare professional involved in the medical care of a Patient, it is
your responsibility as medical professional to raise any concerns you have with a Patient or
their Caregiver and to take the appropriate course of action. You are responsible and liable
for any advice, medical or otherwise, that you provide through or in connection with Careology
You acknowledge that Careology Professional may make content available which is derived from a
number of sources, for which we are not responsible. In all cases, information made available
by Careology Professional is not intended to amount to authority or advice on which reliance
should be placed. You should check with us or the relevant information source before acting
on any such information.
You will defend Careology from and against any and all third party disputes, claims,
actions and proceedings arising from or related to your violation of these Clinician Terms
(a "Third Party Claim"), and will indemnify Careology for all reasonable attorney’s fees incurred
and damages and other costs incurred by Careology in connection with or as a result of, and for
amounts paid by Careology in connection with, a Third Party Claim.
Except as expressly set out in these Clinician Terms and subject only to clause 8(a), no implied
conditions, warranties or other terms, including any implied terms relating to satisfactory
quality or fitness for any purpose, will apply to Careology Professional (including any
Careology content) or to anything supplied or provided by Careology under this agreement.
In particular, Careology does not warrant that the operation of Careology Professional
will be uninterrupted, contaminant-free or error-free, or that they will meet your requirements.
9. Other terms
A Patient or Caregiver will disclose "Confidential Information" to you through Careology
Professional and the Caregiver/Patient App, which is anything that reasonably should be
understood to be confidential given the nature of the information and the circumstances
of disclosure. You agree to observe your duties of confidentiality as a health care
professional (including without limitation any professional codes of conduct). You will
take at least reasonable measures to prevent the unauthorised disclosure or use of
Confidential Information. You may only disclose the Confidential Information if it is
strictly necessary to fulfil your obligations under these Clinician Terms or if it is
required by law.
These Clinician Terms (or any update thereto) constitute the entire agreement between us
and supersedes all prior and contemporaneous agreements, proposals or representations,
written or oral, concerning its subject matter.
If we choose to waive any particular right we have under these terms on any particular
occasion this does not prevent us from exercising that right on another occasion.
If any part of these terms is held by a court of law (or similar forum) to be invalid or
unenforceable, this shall not affect the validity or enforceability of the rest of these terms.
You are not entitled to transfer or assign your rights and obligations under these terms to
anyone else without our prior written permission.
If there are any disputes or otherwise, relating to these terms, then these will be governed
by the laws of England, and subject to the exclusive jurisdiction of the English courts.
- To contact us about any aspect of these Clinician Terms, please email firstname.lastname@example.org