PLEASE READ THESE LICENCE TERMS CAREFULLY
By using Dr Diary you are agreeing to comply with and be bound by the following terms.
Please be aware that everything you do, post, write and publish on this App is your own sole responsibility. We are not responsible for any of the content added to the App. You are not permitted to upload any information to the App that is of a personal or sensitive nature including, but not limited to, any clinical or medical information relating to an individual.
As a provider of the content you accept that guidelines and other pieces of information are only for assisting your use of the App, and although we strive to make the service error free you should always use your own sound medical, professional and personal judgement when using the App in practice. The App is in no way a substitute for individual patient care. This App is intended to assist with your day-to-day duties and should form part of a wider set of tools that you use to organise your time. The organisation of your time as a medical professional is your own responsibility.
- Who we are and what this agreement does
We the British Medical Association (company no. 00008848) license you to use:
- Dr Diary application software, the data supplied with the software, ("App") and any updates or supplements to it;
- The related electronic documentation ("Documentation");
- The service you connect to via the App and the content we provide to you through it as further described in paragraph 6 (Service);
as permitted in these terms.
- Your privacy
The personal data you provide will only be used for the administration of the App. We may also aggregate and anonymise your personal data under the App and use it only for statistical reporting purposes.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- Using the App
The App is for your personal non-commercial use only.
You must not sub-license, copy, modify, adapt, merge, translate, reverse-engineer, decompile, disassemble or create derivative works based on the whole or any part of the App except as stated within these terms.
You must not use the App for any unlawful or fraudulent purposes. You must not misuse the App by introducing viruses, bugs or other material which is malicious or technologically harmful. In particular, you must not interfere with, damage or disrupt the App or any part of it.
The App is provided 'as is' without any guarantees, conditions or warranties as to its accuracy, completeness or availability. Without limiting the foregoing, we make no warranty that:
- the App will meet your requirements;
- the App will be uninterrupted, timely, secure or error-free;
- any errors or defects in the App will be corrected;
- the App is free from any viruses, bugs or other harmful programs;
- the results that may be obtained from the use of the App will be effective, accurate or reliable.
To the extent permitted by law, we hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- Any loss or damage incurred by you arising out of or in connection with the use, inability to use, or results of the use of the App and any content or materials posted on it.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law or any liability under paragraph 21.
We do not have control over the way in which you use the App or how you may apply any results. We exclude our liability for any financial or other losses (whether direct or indirect) you suffer in connection with your use of the App. You must not rely on the results of your use of the App in making any decisions (financial or otherwise) and should always take professional advice
- The Services
The App is a software application that allows you to record and organise your daily activities and generates reports to help you to identify patterns and plan for future work in conjunction with your employer.
iTunes Store and Google Play Terms and Conditions and terms also apply
The ways in which you can use the App and Documentation may also be controlled by the Apple's and Google’s rules and policies:
- Apple’s rules and policies can be found here: https://developer.apple.com/app-store/review/guidelines/
- Google’s rules and policies can be found here: https://play.google.com/about/developer-content-policy/#!?modal_active=none
- Operating system requirements
This app requires Smartphones, iPads device with a minimum of 2 GB of memory and the Android OS, iOS operating system Android Version 6.0, iOS 9+. Windows XP, Windows 7/8, Windows 10.
- Support for the app and how to tell us about problems
Contacting us (including with complaints or support). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org or call them on 0300 123 1233.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
- How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
- download or stream a copy of the App onto your device and view, use and display the App and the Service on such devices for your personal purposes only.
- use any Documentation to support your permitted use of the App and the Service.
- provided you comply with the licence restrictions in paragraph 18, make a copy of the App and the Documentation for back-up purposes; and
- receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
- You must be a member of the British Medical Association to accept these terms and download the app
You must be a member of the British Medical Association and aged 18 or over to accept these terms and download the App.
- You may not transfer the app to someone else
We are giving you personally the right to use the App and the Service as set out above in paragraph 9. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
- Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you notice of any change to the terms with details of the change by notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
- Update to the app and changes to the service
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services and any continued use of the App would be at your own risk.
The App will always match the description of it provided to you when you downloaded it in these terms.
- If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
- We may collect technical data about your device
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
- We may collect location data (but you can turn location services off)
The Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. 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 and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings on your device
- We are not responsible for other websites you link to
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
- Licence restrictions
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service;
- Acceptable use restrictions
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- 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
- 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;
- not write or otherwise upload any clinical, personal or other sensitive data on to the App.
- Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
- Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of any information obtained from the App or the Service. Although we make reasonable efforts to update any information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
- We may end your rights to use the app and the services if you break these terms
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
- We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
- No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
- If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.