HeartHealth LTD is a limited company registered in England and Wales, with the company number 11204592, and registered office address at 1 Ledborough Wood, Beaconsfield, United Kingdom, HP9 2DJ (hereinafter "HeartHealth").
Medelinked LTD is a limited company registered in England and Wales, with the company number 05595100, and registered office address at Newtown House, Newtown Road, Henley-On-Thames, Oxfordshire, RG9 1HG (hereinafter "Medelinked").
HeartHealth has partnered with Medelinked to develop a platform for storing and viewing medical records delivered through an app and website (hereinafter the "Platform").
The Platform enables patients (hereinafter "You" or "Your") to receive, store and manage their personal health information and related correspondence (hereinafter "Medical Records"). References to the Platform include any component and the current and/or any future version of the Platform, and any documentation accompanying these Terms whether distributed by download from a web site, on disk, or by any other media or in any other form. The Platform is provided through www.hearthealth.org.uk (hereinafter the "Website") or can be downloaded as an app for iPhone and Android.
In order for You to use the Platform You will need to have signed the consent form issued by HeartHealth, to express Your consent for the uploading and use of Your Medical Records by HeartHealth, and by using the Platform You agree to abide by these terms and conditions (hereinafter the "Terms") which shall for the basis of the agreement between You and HeartHealth (hereinafter the "Agreement").
In the event that You breach these Terms, Your permission to use the Platform will automatically terminate. HeartHealth may modify these Terms at its sole discretion and it is Your responsibility to review these Terms and related policies each time You access the Website. HeartHealth is owner or licensee of all the technology in the Platform which is licensed, not sold, to You by HeartHealth for use only under these Terms.
The Website and the Platform are not intended as a substitute for the advice provided by Your own general practitioner, physicians or other health care providers, and may not take Your individual health situation into account. You shall not use the Website or the Platform, to diagnose a health problem or disease, or as a means of determining treatment. You acknowledge that the only health advice You will be receiving will be from Your general practitioner, physician or other health care provider, and not from HeartHealth. The Platform is not intended to be a substitute for professional medical advice. HeartHealth does not provide emergency medical or health services or advice. In the event of an emergency, immediately contact Your general practitioner, physician or Your nearest hospital, or contact the emergency services.
HeartHealth authorizes You to view and download content on the Website in accordance with these and the Website Terms and Conditions (below), and to use the Website and the Platform, solely for Your personal, non-commercial use. Title to and all intellectual property rights in the Website and the Platform remains with HeartHealth (and where applicable) its licensors. Any use of the Platform that is not in accordance with these Terms is a breach of these Terms and may be a breach of copyright, trade mark, and other relevant laws. The HeartHealth trade mark is the exclusive property of HeartHealth. The Platform and the Website are subject to change or termination without notice in the sole discretion of HeartHealth.
Title to the Platform, including all intellectual property rights thereto, shall at all times remain exclusively with HeartHealth (and where applicable) its licensors. Any rights not expressly granted by HeartHealth are reserved to HeartHealth. You may not cause or permit the disclosure, copying, decompiling, reverse engineering, disassembling, modifying, creating derivative works, renting, licensing, sublicensing, leasing, dissemination or other distribution of the Platform, or any part thereof, by any means or in any form, without the prior written consent of HeartHealth. You are entitled to use the Platform and the Website strictly for Your own use and may not otherwise commercially exploit any of the Platform or the Website. Using the Platform to transmit (whether by email, uploading, posting, or otherwise) any information or items without the express permission of the owner of such information or items or to engage in any activity that infringes any copyright or any other right of a third party is not permitted. You represent and warrant to HeartHealth that You own, or are otherwise authorised to use, any files, data, text, or other information that You may transmit to or through the Platform or the Website, and that any use of the files, data, text, or other information supplied by You does not does not breach or infringe any rights of a third party including without limitation third party intellectual property rights. If You believe that Your information is the subject of unauthorized copying from the Platform or the Website please contact us immediately. You are not permitted to upload any information to the Platform which is obscene, offensive or defamatory. HeartHealth reserves the right, to suspend and/or terminate any persons access to the Platform and/or the Website, for any reason in HeartHealth's sole discretion.
You are responsible for obtaining and maintaining the equipment and services necessary to access and use the Website and Platform including but not limited to any computer hardware, telephone line, internet connection, Internet Service Provider, SMS capability, data access and transmission capability, network access and coverage. You are solely responsible for all costs related to the equipment and services necessary or desirable for the access to and use of the Website and Platform. You are responsible for maintaining the confidentiality of Your user identification and password. You must contact HeartHealth immediately in the event that You have any reason to believe there has been any unauthorized access or use of Your account. You agree that files, data, text or other information supplied by You shall not contain any material or information that is obscene, defamatory, or is otherwise in breach of any applicable law, statute or regulation or third party rights, including intellectual property rights.
Medical Information that You authorise to be open by submitting as a part of an Emergency Record is deemed to be in the public domain, accessible either through www.hearthealth.org.uk (unless You have opted out, by selecting NO at “Show Emergency Record Online”, via member profile) or through the www.hearthealth.org.uk medical card (if applicable). Access to Your Emergency Record online if enabled, is granted if a match on three information criteria are met, being Name, Date of Birth and HeartHealth ID number.
You assume the sole risk of using the Platform and the Website, and agree that they are provided on an "as is" and "as available" basis, and without any warranty of any kind, whether express or implied, statutory or otherwise, including but not limited to any implied warranties of satisfactory quality, non-infringement of third party intellectual property rights and fitness for purpose. HeartHealth makes no representation or warranty as to the accuracy reliability or completeness of the Website and /or Platform or any links or communication provided on or by way of the Platform or the Website.
Important Note. HeartHealth does not warrant that:
HEARTHEALTH SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS AND CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF PROFITS RESULTING FROM LOSS OF PERSOPMNAL INFORMATION OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE PLATFORM HEARTHEALTH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, ASSIGNS, AFFILIATES AND LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR BUSINESS INFORMATION AND THE LIKE), WHETHER IN AN ACTION BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT ON THE WEBSITE OR THE PLATFORM.
NOTHING IN THE TERMS LIMITS ANY LIABILITY WHICH CANNOT LEGALLY BE LIMITED, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, AND SUBJECT TO THIS EXCLUSION, HEARTHEALTH’S TOTAL LIABILITY TO YOU UNDER THESE TERMS OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED £1,000.
You agree to defend, indemnify, and hold harmless HeartHealth, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions or demands, liabilities and settlements whatsoever including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your violation of these Terms.
HeartHealth does not warrant the accuracy of the data You provide to HeartHealth or the integrity of the computing systems You use to access the Platform or Website. You are solely responsible for using and the correct use of the security features including without limitation passwords.
We try to ensure the Website availability is uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, we cannot guarantee that Your access will not be suspended or restricted from time to time (including without limitation) to allow for repairs, maintenance or the introduction of new features or services. We shall use all reasonable endeavours to try and limit the frequency and duration of any suspension or restriction.
Whether You are a HeartHealth card holder or a subscriber to the Platform, Your personal details which are registered with us, allow You and only You to use the Website for as long as we allow access, or in the case of a subscription for the period of the contract. Personal accounts may not be shared.
The Website contains material which is owned by or licensed to us; the content, layout, design, data and graphics on the Website are protected by UK and other international copyright laws. No part of the Website may be reproduced, stored in a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording and/or otherwise) without our prior written consent. “HEARTHEALTH” is a registered trade mark of HeartHealth Limited. All trade marks reproduced on the Website, which are not our property, or licensed to us, are acknowledged on the Website. Any use including framing, metatags or other text utilising the HeartHealth trade mark or other trade marks that are displayed, is strictly prohibited without our (or our licensor's) express written consent.
From time to time this Website may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without our prior written consent.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on the Website is entirely at Your own risk, for which we shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through the Website meet Your specific requirements. To the fullest extent permitted by law, we are not responsible for any losses, injury or damage caused to any person or property (including under contract, by negligence, products liability or otherwise) whether they be direct or indirect, special, incidental or consequential, resulting from the use of the Website.
You must not use the Website in any way that causes or is likely to cause the Website or access to it to be interrupted, damaged or impaired in any way. You understand that You are solely responsible for all electronic communications and contents sent from Your computer to us. You must use the Website for lawful purposes only. You must not use the Website for any of the following: