Last Modified: 7th April 2018
CogniHealth LTD (“CogniHealth” or “we”) is the author and publisher of the internet resource cognihealth.in, cognihealth.uk and the mobile application ‘CogniCare or CogniStrength’ (together, “Website”). CogniHealth owns and operates the services provided through the Website.
THESE TOS MAY BE SUBJECT TO CHANGE OVER TIME AS WE EVOLVE. YOU ARE STRONGLY ADVISED TO REFER BACK TO THEM BEFORE REGISTERING, SIGNING UP OR CONTINUING USE OF ANY COGNIHEALTH APPS.
You should carefully read and understand these TOS. By registering with CogniHealth, you accept that you are entering into a contract with us under these TOS. People who register for CogniHealth establish an “Account”, and become “Users”. Visitors to CogniHealth who do not become Users, but who nevertheless use the Site and/or download the App, affirm that they are bound by these TOS each time they access CogniHealth. You should be aware that these TOS may change from time to time in accordance with Clause 14 below.
These TOS affect your legal rights and obligations. If you do not agree to be bound by all of these TOS, do not use or purchase CogniHealth Apps and services. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement
1. About CogniCare
CogniCare provides Users with the facility to:
As CogniCare develops further and changes over time, we may add to or alter these services.
We provide user guidance for specifically CogniCare usage. However, it is the responsibility of Users to have sufficient web, app and device usage skills to make use of our Services with the help of our user guidance.
2. Your Account Information
CogniHealth apps provide personalized content and care experience. When you create an account, we require you to provide information about yourself, including your name, email address and a password (“Account Information“) as well as information of person with dementia (PwD) and their family members.
CogniHealth may use such information collected from time to time for the purposes of debugging customer support related issues to reset password, to reactivate your account etc.,
You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers, announcing new features, products, or services that may be available on our Web site or via our App. You may choose to opt out of much of this email correspondence by using the links at the bottom of our emails. Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.
Please note that we are entitled to treat any activity done through a User’s Account, or through an email address, phone number, or any other communication method or an individual associated with that Account, as having been actioned by the User – it is up to the User to maintain the security of his/her Account.
It is your responsibility to ensure that the email address provided by you is kept up-to-date and that you have full access to it – we may send you important messages that need to be actioned upon. Should you provide an invalid email address or an email address that belongs to someone else, CogniHealth may terminate your Account at any time without notice. The User shall immediately notify CogniHealth of any actual or suspected unauthorized use of the User’s account or password. Although CogniHealth will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CogniHealth or such other parties as the case may be, due to any unauthorized use of your account
While we hope CogniHealth apps have been useful, you may choose to cancel your Account at any time by emailing customer support team at firstname.lastname@example.org. You may be asked to provide further proof that you are the holder of the Account. Further, we are entitled, but not obliged, to lapse an Account if its User has not logged in to the Account for 6 months or more. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account. Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account and entitled (but not obliged) to delete all Media and other User Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these TOS, and the rights granted to us under these TOS (including in Clause 14 below) shall not be terminated as a result.
CogniHealth is used by people worldwide, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our products and services. We reserve the right at any time and without notice to suspend your Account. Stated reasons include but not limited to:
Engaging in prohibited uses is grounds for immediate termination of your CogniHealth account, and may also subject you to civil or criminal penalties.
3. Your Content
Some CogniHealth features requires you to upload patient’s medical history, schedule, and regular monitoring of patient’s wellbeing. We treat this medical data, media, or any other content added by you (the “Information“) with great sensitivity. CogniHealth may allow you to share this information or any other content via CogniHealth apps to doctors, family or other Users. By sharing this Information, you confirm that you have the other person’s consent to that Information being shared.
We anonymize all information related to medical or any other personal data, and may use it for generating personalized service as well as for research purpose. However, when using our Services, some profile information (including your real name and health information from your profile) is visible to doctors with whom you enter into consultations. Your personal contact information is never visible on Website to any other users or doctors, unless authorised by you.
We are not responsible for the acts or omissions of anyone who has access to your Information, whether as a result of CogniHealth Sharing or otherwise.
If you go through the process we specify for deleting Information from your Account, we will remove them as soon as we reasonably can; however, technically the deletion may not occur immediately and some information may be archived/retained for our records and as otherwise required by law.
You are advised to keep back-ups of all of your User Content, including backup copies of Information. We do not undertake or guarantee to keep your Information and other User Content indefinitely, and we will not be responsible for the loss of, deletion or corruption of Information or any User Content. We have no liability to you or any User Information or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control).
If we actively decide that we are to cease hosting Information or other User Content, or to provide the CogniHealth service, we will give you notice (of at least one month) to permit you to make alternative arrangements.
Some CogniHealth App features either now or in the future may allow you to post or submit content and materials for publication on CogniHealth App or Services (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer CogniHealth or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.
4. Statistical and analytical purposes
We collect additional information about how you use and access our Site and App.
Such information is collected to analyze trends, administer our Site and App, track users’ navigation on the Site or use of the App, and gather broad demographic information for aggregate use, which enables us to improve the Site or App by making it more accessible and easier to navigate and use. For example, we may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your PC or Mobile), your computer/mobile name, the type and version of your Web browser, referrer addresses, and other generally accepted log information. IP addresses are not linked to Personal Information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Site and App are being used.
5. Intellectual Property
By uploading, posting, contributing, distributing, communicating or transmitting User Content (including Media), a User expressly grants to us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that User Content worldwide through CogniHealth apps and any other interactive services through which CogniHealth (or a service based on CogniHealth) is accessible, subject to and in accordance with under these TOS. The licence under this Clause 4 will survive any termination of these TOS or any cancellation, suspension or lapse of the relevant Account. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to CogniHealth (including, without limitation, User Content associated Users other than you) are owned by, or licensed to, us. You may use and access CogniHealth apps and that User Content only to the extent required for the use of CogniHealth in accordance with these TOS, and for the purpose that we make them available. No-one may copy, distribute, show in public or create any derivative work from CogniHealth, or any of the material which is found on CogniHealth unless properly licensed to do so by us. You are not allowed to use CogniHealth (or to copy or use any material found on CogniHealth) for any commercial purpose unless you are signed up and paying as a business user. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material which appears on CogniHealth Site, Apps, or services. No-one may use any robot, spider, scraper or other automated means to access CogniHealth for any purpose without our prior express written permission.
6. International use of CogniHealth
You must ensure that you comply with the laws that apply to you and your use of CogniHealth apps, including as to User Content, and the Information that may be viewed through CogniHealth apps. That use may be prohibited or restricted in various jurisdictions. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Site and Apps (collectively, ” CogniHealth Content”), are the property of CogniHealth and User shall not modify the CogniHealth Content or reproduce, display, publicly perform, distribute, or otherwise use the CogniHealth Content in any way for any public or commercial purpose or for personal gain
8. Medical Advice
We do not offer medical advice or diagnoses, or engage in the practice of medicine. Although, we position ourself as a digital companion for people with dementia, their caregivers, and clinicians, our Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment and our Services are offered for informational purposes only. You are advised to always seek the advice of your physician or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with our Service and we will not be held responsible for any such delay
You are solely responsible for any decisions or actions you take based on the information and materials available through the Service. Reliance on any information provided by us or in connection with the Service is solely at your own risk. If you think you may have a medical emergency, we strongly recommend you call your Care Provider immediately.
You agree to contact your primary Care Provider immediately should your condition change or your symptoms worsen. If you require urgent care, you agree to contact your local emergency services immediately. The Services are offered on an “as is” basis and used by You solely at your own risk. All information provided by the Users in connection with the Services shall be used to provide services and features to the User. We shall make no effort to validate any information provided by the User for use in Services with respect to content, correctness or usability. Use of our Services require basic familiarity with the Internet, World Wide Web, Smart Phone/Tablet, and have basic understanding of care management. The User is expected to possess the necessary internet- usage skills and knowledge to avail our Services.
9. Affiliated businesses and Third party partners
In certain situations, businesses or third party partners we are affiliated with may sell items or provide services to you through the Services (either alone or jointly with us).
You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. Company shall in no way part with your sensitive Personal Information with the third party or partners without your express consent. One such service may include the ability for you to automatically transmit Third Party Account Information to your Services profile or to automatically transmit information in your Services profile to your third party account. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
10. CogniHealth Operation
We reserve the right to withdraw or modify all or part of CogniHealth Apps, Site, or Services where we have legal or commercial reasons to do so. There may be times when the operation of CogniHealth is adversely affected, or CogniHealth becomes inaccessible, as a result of technical difficulties experienced by CogniHealth, on the Internet or other communications networks, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to CogniHealth or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of CogniCare. For security or other reasons, we may require you to change your password or other information, which facilitates access to CogniCare; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
We use reasonable care and skill to provide CogniHealth in accordance with our specifications, but we cannot and do not guarantee that CogniHealth will meet your requirements, including (without limitation) as to the availability or speed of delivery of any User Content, including timely delivery of Reports placed on or made available through CogniHealth.
We shall have no obligation, duty or liability whatsoever in contract, leading to any accident or damage resulting from use of the resources or any other information provided by its site or apps. You are solely responsible for understanding and proper use of the provided resources.
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these TOS. Nothing in these TOS excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
Except as expressly stated elsewhere in these TOS, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. For the avoidance of doubt, CogniHealth will not have liability to you or any other person in respect of User Content. We will not be liable for any failure to perform our obligations under these TOS caused by matters beyond our reasonable control. The provisions of this Clause 14 shall survive the termination or expiry of these TOS.
You agree to indemnify CogniHealth against all liabilities, claims and expenses that may arise out of or in connection with any:
13. Entire Agreement
These TOS are intended to contain your entire agreement with us relating to your use of and access to CogniHealth; we believe them to be fair and reasonable. They replace all earlier agreements and understandings with you relating to CogniHealth.
14. Changes to these TOS
We reserve the right to change these TOS from time to time, and post the new version on CogniHealth site. The new version of these TOS will take effect:
In either case, if you do not wish to be governed by the new version of these TOS, you must cease to use the Services and CogniHealth. For the avoidance of doubt, we will not have any liability to you in that event.
If any part of these TOS is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these TOS by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party, which exists or is available apart from that Act.
These TOS shall be governed by Scots law. You and we each submit to the exclusive jurisdiction of the Scottish in relation to disputes arising in connection with these TOS or the Services.
17. Keeping these Terms
We don’t separately file the TOS entered into by Users when they register for CogniHealth Apps or services. You can make a durable copy of these TOS by printing and/or saving a downloaded copy on your own computer. They are offered in English only.
CogniHealth Ltd is a company registered in Scotland (SC593552) under the trading name CogniHealth, having its registered address at Suite 110, 12 South Bridge Edinburgh, Scotland, EH1 1DD. If a User has any questions concerning CogniHealth, the Website, this Agreement, the Services, or anything related to any of the foregoing, you may contact us at email@example.com