PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP OR USING THE MYVAIDYA WEBSITE.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and myvaidya Ltd (“myvaidya”), a limited company registered in England and Wales under company number 09502535 with its registered office at Ashfields Suite, International House, Cray Avenue, Orpington BR5 3RS (Licensor, us or we) for:
· The myvaidya mobile application software, the data supplied with the software, and the associated media (App); and
· The myvaidya website available at www.myvaidya.mobi (Website).
We license use of the App and Website to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore), the End-user downloaded the App (Appstore Rules). We do not sell the App or Website to you. We remain the owners of the App and Website at all times.
OPERATING SYSTEM REQUIREMENTS THIS APP REQUIRES AN ANDROID 2.8 or higher/iOS DEVICE 6.0 or higher WITH A MINIMUM OF 512 MB OF MEMORY. INTERNET ACCESS AND THE WINDOWS 7 and higher versions OPERATING SYSTEM [VERSION OF OPERATING SYSTEM].
· IF YOU ARE A USER UNDER A CORPORATE SUBSCRIPTION, WE WILL ALLOW OTHER USERS UNDER THE SAME SUBSCRIPTION TO VIEW ALL THE INFORMATION WE HOLD IN RESPECT OF YOUR USER ACCOUNT AND THE WAY IN WHICH YOU USE THE SERVICE.
· IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP AND DOCUMENTS TO YOU AND YOU MUST STOP THE DOWNLOADING PROCESS NOW.
You should print a copy of this EULA for future reference.
1.1 The terms of this EULA apply to the App or any of the services accessible through the App or Website (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, 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 the App or the Website. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.6 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.7 The App or any Service may contain links to other 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.
1.8 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.
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:
We reserve all other rights.
2.2 You may:
(b) use the Website for your own purposes only.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App or Website except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Website;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App 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 the App 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 the App 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 the App 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 the App;
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(g) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
together Licence Restrictions.
(a) not use the App or any Service 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 the App, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, 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 the App or any Service;
(d) not use the App or any Service 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 any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
together Acceptable Use Restrictions.
5.1 You acknowledge that all intellectual property rights in the App, the Website and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Website or the Technology 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 the App in source-code form.
6.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Website meet your requirements.
6.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.3 Subject to clause 6.4, except as expressly and specifically provided in this EULA:
(a) You assume sole responsibility for results obtained from the use of the Services and the Product Description by you, and for conclusions drawn from such use. myvaidya shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to myvaidya by you in connection with the Services, or any actions taken by myvaidya at the Customer's direction;
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and
(c) the Services and the Product Description are provided to you on an "as is" basis.
(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 applicable law.
7.1 Your limited licence under this EULA terminates automatically if you:
(a) if you commit a material or persistent breach of this EULA;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
(c) if you are a corporate user, your business’ corporate subscription has terminated.
7.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of any Services;
(c) you must immediately delete or remove the App from all your device, and immediately destroy all copies of the App and Website then in your possession, custody or control and certify to us that you have done so;
(d) we may remotely access your device and remove the App from it and cease providing you with access to the Services; and
8.1 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).
8.2 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.
9.1 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.
9.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
9.3 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.
9.4 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.
9.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.