Terms and Conditions

Terms and Conditions

End User Licence Agreement - healthinote PRO

Please read carefully before registering for or using healthinote PRO.

This end-user licence agreement ("EULA") is a legal agreement between you ("End-user" or "you") and Cognitant Group Ltd, 41 Cornmarket St, Oxford, Oxfordshire OX1 3HA UK("Cognitant", "us" or "we") for the ‘healthinote PRO’ app, software, associated media and any services provided by us any of them (collectively referred to as "healthinote PRO" and any online information or electronic documents provided by or made available through your use of healthinote PRO ("Documents").

Your use of healthinote PRO and the Documents is for professional commercial use and is granted solely on the basis of this EULA.

Operating system requirements

Certain healthinote PRO may require an Apple or Android Device (as defined in condition 1.4 below) with a camera with auto-focus, internet access and a minimum of 300MB of memory available. The minimum operating systems we support are iOS11 and Android 7.0 Nougat. The healthinote PRO may work on other Operating Systems but the Operating Systems specified above are the minimum Operating Systems we test on and guarantee that healthinote PRO will run for .

Important notice:

By accessing and using healthinote PRO or clicking on the "accept" button below you agree to the terms of this EULA which will bind you. The terms of this EULA include, in particular, the privacy policy defined in condition 1.5 and limitations on liability in condition 6.

If you do not agree to the terms of this EULA, you may not use healthinote PRO or the Documents accessed through it.

This EULA has been entered into on the date that you accept its terms. You may wish to print a copy of this EULA for future reference.

Agreed terms

1. Acknowledgements and Use

2. Grant and scope of licence

3. Licence restrictions

4. Acceptable use restrictions

5. Intellectual property rights

6. Limitation of liability

7. Termination

8. Communication between us

9. Events outside our control

10. Other important terms

1. Acknowledgements and Use

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1.1 This EULA applies to your use of healthinote PRO, including any Documents or services therein and any updates or supplements to them, unless they come with separate terms, in which case those terms apply. If any open-source software is included in healthinote PRO, the terms of an open-source licence may override some of the terms of this EULA.

1.2 We may change these terms at any time by notifying you of a change when you next start healthinote PRO. The new terms may be displayed on-screen and you may have to read and accept them to continue your use of healthinote PRO and the Services.

1.3 You will be assumed to have obtained permission from the owner of any computer or other device that you use to access healthinote PRO. You also warrant that the computer or device is properly authorised to access healthinote PRO and is sufficiently secure to store any information relating to your use of healthinote PRO or the Documents. You acknowledge that, by using healthinote PRO, you understand and agree that internet transmissions are never completely private or secure.

1.4 Any information that healthinote PRO generates which identifies you, your patients, specific Document usage or other specific activities of you or your patients, shall be your confidential information ("User Data"). We will not disclose User Data to any third party without your prior approval, however this restriction shall not apply to any User Data which is required to be disclosed by law or any regulatory authority (and you waive any rights you might have against us in respect of such a disclosure).

1.5 The terms of our healthinote PRO privacy policy ("Privacy Policy"), available here are incorporated into this EULA by reference and apply to our collection and use of your data. In the event that we undergo reorganisation or are sold to a third party, you agree that any User Data we hold about you may be transferred to that reorganised entity or third party (but only if they agree to comply with this EULA).

1.6 healthinote PRO may contain links to independent third-party websites ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.7 Certain services on healthinote PRO ensure that you are always presented with the most relevant information for your region and will make use of location data sent from your device at time of installation. If you use these services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based services. You may stop us collecting such data at any time by turning off the location services settings for healthinote PRO, which will also disable such region-relevant services.

2. Grant and scope of licence

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2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to access and use healthinote PRO, subject to these terms and the Privacy Policy. We reserve all other rights.

2.2 You may access healthinote PRO and the Documents in line with the operating system requirements set out at the beginning of this EULA and view, use and display healthinote PRO for your own professional healthcare purposes only.

3. Licence restrictions

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Except as expressly set out in this EULA or as permitted by any local law, you agree:

  • (a) not to copy any part of healthinote PRO or Documents except where such copying is incidental to normal use of healthinote PRO;

  • (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify healthinote PRO or Documents;

  • (c) not to make alterations to, or modifications of, the whole or any part of healthinote PRO, or permit healthinote PRO or any part of it to be combined with, or become incorporated in, any other programs;

  • (d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of healthinote PRO or attempt to do any such thing except to the extent that(by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of healthinote PRO with another software program, and provided that the information obtained by you during such activities:

    • (i) is used only for the purpose of achieving inter-operability of healthinote PRO with another software program;

    • (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

    • (iii) is not used to create any software that is substantially similar to healthinote PRO;

  • (e) to keep your use of healthinote PRO secure;

  • (f) to include our copyright notice on all entire and partial copies you make of any part of healthinote PRO on any medium;

  • (g) not to provide or otherwise make available healthinote PRO in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

  • (h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by healthinote PRO.

4. Acceptable use restrictions

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You must:

  • (a) not use healthinote PRO in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data into healthinote PRO or any operating system;

  • (b) not infringe our intellectual property rights or those of any third party in relation to your use of healthinote PRO, including the submission of any material(to the extent that such use is not licensed by this EULA);

  • (c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of healthinote PRO;

  • (d) not use healthinote PRO in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

  • (e) not collect or harvest any information or data from healthinote PRO or the Documents or any of our systems or attempt to decipher any transmissions to or from the servers running any part of healthinote PRO, together, the foregoing items are referred to as "Acceptable Use Restrictions".

5. Intellectual property rights

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5.1 You acknowledge that all intellectual property rights in healthinote PRO and the Documents belong to us or our licensors, that rights in healthinote PRO are licensed (not sold) to you, and that you have no rights in, or to, healthinote PRO or the Documents other than the right to use each of them in accordance with the terms of this EULA.

5.2 You acknowledge that you have no right to have access to healthinote PRO in source-code form.

6. Limitation of liability

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6.1 You acknowledge that healthinote PRO has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of healthinote PRO meet your requirements. We do not warrant that healthinote PRO is fit for any particular purpose and exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of healthinote PRO or the Documents.

6.2 The content in healthinote PRO is provided for general information only and may rely on information and content provided by third parties. Please note that healthinote PRO shall not be construed as a medical tool of any sort. It is not intended to amount to advice on which you should rely. If you have any questions or concerns about the content within healthinote PRO we recommend you seek specialist professional advice before taking, or refraining from, any action on the basis of the content of healthinote PRO.

6.3 Although we make reasonable efforts to update the information in healthinote PRO, we make no representations, warranties or guarantees, whether express or implied that the content of healthinote PRO is accurate, complete or up-to-date.

6.4 You acknowledge that the information available on healthinote PRO may be updated, altered or removed, from time to time, at any time, without notice to you.

6.5 Although healthinote PRO is designed to be light on resources, we are not responsible for any data usage or other charges you incur when accessing healthinote PRO through your internet connection or cellular plan.

6.6 We supply healthinote PRO and the Documents free of charge to healthcare professionals as a tool which co-exists alongside your normal professional obligations in respect of patient care ("Professional Obligations"). By using healthinote PRO, you agree that: (a) we have no responsibility for your Professional Obligations and that we are not obliged to monitor or exercise your use of healthinote PRO or your compliance with your Professional Obligations; (b) you will comply with your Professional Obligations; and (c) you will indemnify us against all costs and losses that we incur due to your breach of this EULA or your Professional Obligations. You agree not to use healthinote PRO or the Documents for any commercial, business or other purposes which is not related to your Professional Obligations.

6.7 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.8 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 6.9, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.

6.9 You acknowledge that healthinote PRO is provided to you free of charge. Accordingly, our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £100. This does not apply to the types of loss set out in condition 6.10.

6.10 Nothing in this EULA shall limit or exclude our liability for:

  • (a)death or personal injury resulting from our negligence;

  • (b)fraud or fraudulent misrepresentation; and

  • (c)any other liability that cannot be excluded or limited by English law.

7. Termination

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7.1 We may terminate this EULA immediately by written notice to you:

  • (a) if you breach any term of this EULA; or

  • (b) if you breach any of the Acceptable Use Restrictions.

7.2 On termination for any reason:

  • (a)all rights granted to you under this EULA shall cease; and

  • (b)you must immediately cease all activities authorised by this EULA, including your use of healthinote PRO and the Documents.

8. Communication between us

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8.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to info@cognitant.com or by prepaid post to Cognitant Group Ltd, 41 Cornmarket St, Oxford, Oxfordshire OX1 3HA UK. We will confirm receipt of this by contacting you in writing, normally by e-mail.

8.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your healthinote PRO registration or as requested in your notice to us.

9. Events outside our control

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9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks("Event Outside Our Control"").

9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

  • (a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

  • (b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

10. Other important terms

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10.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

10.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

10.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

10.5 This EULA any document expressly referred to in it represents the entire agreement between us in relation to healthinote PRO and supersede any prior version of this EULA or any other agreement, understanding or arrangement between us, whether electronic, oral or in writing.

10.6 We each acknowledge that neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us except as expressly stated in this EULA.

10.7 In this EULA, any words following the terms ‘including’, ‘include’, ‘in particular’ or ‘for example’ or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

10.8 This EULA, its subject matter and its formation, are governed by English law and the courts of England and Wales will have exclusive jurisdiction in any matters arising from this EULA or your use of healthinote PRO.

© 2022 Healthinote

© 2022 Healthinote

© 2022 Healthinote

© 2022 Healthinote