App Terms & Conditions
Eurodiet App Terms & Conditions
- IMPORTANT LEGAL NOTICE - BINDING AGREEMENT
1.1 THIS IS A LEGAL AGREEMENT BETWEEN YOU THE USER OF THE EURODIET APP, (AND REFERENCES TO “YOU”, OR “YOUR” SHALL BE CONSTRUED ACCORDINGLY), AND PROTEIN SYSTEMS SA OF 64 RUEDE KOERICH, L-8437 STEINFORT, GD OF LUXEMBOURG (“PS-SA”) (firstname.lastname@example.org), AND REFERENCES TO “WE”, “US”, OR “OUR” SHALL BE CONSTRUED ACCORDINGLY). THESE TERMS (REFERRED TO AS “THE AGREEMENT” (AS FURTHER DEFINED HEREIN)) SET OUT THE TERMS UPON WHICH PS-SA MAKES AVAILABLE FOR ACCESS AND/OR USE, THE EURODIET APP TOGETHER WITH ANY UPDATES, REPLACEMENTS, AND UPGRADES THERETO, AND IS INTENDED TO BE AND SHALL BE BINDING UPON YOU AND US.
1.2 THIS AGREEMENT CONTAINS LIMITATIONS ON THE PROMISES (OTHERWISE REFERRED TO AS “WARRANTIES”) WHICH WE GIVE TO YOU IN RESPECT OF THE EURODIET APP AND/OR ANY SERVICE OFFERED THEREUNDER TOGETHER WITH ANY UPDATES, REPLACEMENTS, AND UPGRADES THERETO TO WHICH THIS AGREEMENT RELATES. THIS AGREEMENT ALSO CONTAINS LIMITATIONS ON OUR LIABILITY TO YOU. BEFORE YOU ACCEPT THIS AGREEMENT, IT IS IMPORTANT THAT YOU READ ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. BY CLICKING “I ACCEPT” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT AND THAT YOU AGREE THAT YOU ARE BOUND BY THEM. IF, FOR ANY REASON, YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT ACCEPT THIS AGREEMENT.
1.3 This AGREEMENT IS based upon the premise that the EURODIET APP IS not sold, but the LIMITED right to use IT, is licensed to YOU in accordance with AND SUBJECT TO THE TERMS OF THIS AGREEMENT. Ownership of the EURODIET APP NOR ANY PART OF IT does not pass to YOU under any circumstances.
1.4 THIS AGREEMENT containS capitalised terms which are given specified meanings which are set out in clause 20 of thIS AGREEMENT. you should familiarise yourself with these terms and their meanings so that you understand the TERMS AND CONDITIONS OF THIS AGREEMENT properly.
- Access & Use of the Eurodiet App
2.1 Access to and use of the Eurodiet App, can be gained by downloading the Eurodiet App from the relevant app store (including but not limited to, Apple App Store or Google Play), such download being free of charge.
2.2 Any in-app purchases you make will be subject to our Terms & Conditions of Sale, as published at the time of purchase.
2.3 In order to access the Eurodiet App you are required to create an Account which will contain certain Personal Information. If you choose to make in App purchases, you will also be required to provide Payment Information. By continuing to use the Eurodiet App you warrant that:
2.3.1 all information you submit is accurate and truthful;
2.3.2 you have permission to submit Payment Information where permission may be required; and
2.3.3 you will keep this information accurate and up-to-date.
2.4 Your creation of an Account is further affirmation of the warranties given in sub-Clause 2.2.
2.5 It is recommended that you do not share your Account details, particularly your username and password. PS-SA accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared Computer System, it is recommended that you do not save your Account details in your internet browser.
2.6 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact PS-SA by-email immediately to suspend your Account (email@example.com).
2.8 In accordance with the licence terms set out in Clause 4 below, and to you opening an Account, PS-SA hereby makes available for use by You, the Eurodiet App.
2.9 The parent or guardian of any person aged 18 or less maybe required to confirm in writing, that they agree to be bound by this Agreement.
- Substitutions and Modifications
3.1 PS-SA hereby reserves the right to make improvements, substitutions, modifications or enhancements to any part of the Eurodiet App at any time, provided always that this does not result in any material degradation in the functionality of the Eurodiet App.
3.2 Where relevant, any such improvements, substitutions, modifications or enhancements to the Eurodiet App shall be automatically made available to you via the Eurodiet App, by PS-SA.
3.3 It is PS-SA’s intention that such improvements, substitutions, modifications or enhancements will not materially adversely affect the performance of the Eurodiet App. However, it is your responsibility to ensure that your Computer System remains compatible with the most current release, and you accept that PS-SA is not able to guarantee that the Eurodiet App will be backwards compatible with your own Computer System or operating system software or your browser software.
- Licence to use the Eurodiet App
4.1 Subject to your compliance with the terms of this Agreement, from the Commencement Date PS-SA hereby grants to you a worldwide, revokable, non-exclusive, non-transferable and non-assignable licence, during the Licence Term, to use the Eurodiet App.
4.2 The licence granted pursuant to Clauses 4.1 of this Agreement shall only be exercisable by you strictly for your personal purposes, on or from the Computer System, and subject to the additional restrictions set out in the remaining provisions of this Agreement.
4.3 Except as expressly required to be permitted by law, you shall not (and shall not attempt to nor allow any third party to or attempt to) adapt, alter, amend, modify, reverse, engineer, decompile, disassemble or decode the whole or any part of the Eurodiet App or translate the whole or any part of the Eurodiet App into another language.
4.4 You shall not access or attempt to access (nor shall you permit the access or any attempt to access) the Eurodiet App, or any element of the Eurodiet App using any virtual machine process whereby any one person (or more than one person) other than you is able to access the Eurodiet App, or any element of the Eurodiet App.
4.5 You warrant that you have in place (and shall continue to do so throughout the duration of this Agreement) adequate security measures to safeguard the Eurodiet App from theft or access by any third party. You shall promptly inform PS-SA in writing of any unauthorised use or disclosure of the Eurodiet App, or any element of the Eurodiet App, as supplied to You under or in connection with this Agreement. Your obligations under this Clause 4.5 shall survive termination of this Agreement.
4.6 You will not sell or release your effective control of the Computer System without first ensuring that any copy of the details of your Account, related to the Eurodiet App have previously been deleted from the Computer System, and that the relevant storage medium has been overwritten to adequately prevent reconstruction of the Account details related to the Eurodiet App.
4.7 You are strictly prohibited from and shall not sub-licence, rent, lease, transfer, sell, charge or assign access to the Eurodiet App for money or other consideration or free of charge.
4.8 You shall, on termination of this Agreement for any reason, satisfy PA-SA that any copy of Account details related to the Eurodiet App have been erased from the Computer System (and (whether authorised or not) any other computer system or storage medium on which any copy of his Account details related to the Eurodiet App have been stored by or on behalf of You) or destroyed, and that You have no ability to access the Eurodiet App.
- The Service
5.1 The Eurodiet App is not a Healthcare Provider and we do not offer medical advice. The Eurodiet App comprises messaging, information, Prescription and referral service and facilitates important interactions between you and your Healthcare Provider.In addition, the Eurodiet App includes helpful tools to generate timely medication reminders as well as tools to assist you monitoring your personal health goals.
5.2 PS-SA delivers the Service from the PS-SA Platform.
5.3 If you use the PS-SA Platform and the Services and have extended your use to include a Dependant, you are responsible for ensuring that you are authorised to provide us (and our sub-contractors) with those Dependant’s Personal Information and you will indemnify us if you do not have such authority.
5.4 PS-SA does not provide any emergency services or care for acute medical conditions.
5.5 The Service is in no way designed to replace the services of your Healthcare Provider or a Hospital.
5.6 You may be issued with a Prescription by a Healthcare Provider via the Eurodiet App; you will be prompted by us to use the Eurodiet App for delivery or fulfilment of prescribed goods. The Healthcare Provider will use all reasonable efforts, based on the medical history you have provided, to prescribe treatment appropriate for your condition. However, PS-SA shall not be responsible for ensuring that the treatment you receive is the same as that prescribed by the Healthcare Provider. PS-SA is also not responsible for any instructions in relation to the treatment provided by your Healthcare Provider or anyone else associated with the provision of the treatment you have been prescribed.
5.7 All material contained on the PS-SA Platform (including names, trademarks, wordmarks, logos, pictures, diagrams and look-and-feel) is the property of PS-SA and/or its partners or licensors. Nothing contained on the PS-SA Platform or made available through the Service should be construed as granting any licence or other right of use without the express written permission of PS-SA.
5.8 While certain information controlled, generated by, displayed within or stored in the Eurodiet App may be helpful in providing warning of certain medical or health conditions or circumstances, the Eurodiet App is not designed, nor may you use it as, a device to detect, diagnose, treat or monitor any medical or health condition or to establish the existence or absence of any medical or health condition.
5.9 You assume full responsibility for the use of the Eurodiet App. You are solely responsible for ensuring that the correct treatment is taken at the proper times and in the proper amounts.
5.10 PS-SA reserves the right to deny any person access to the Eurodiet App or delete your account in the event that the person is abusive or acts inappropriately to any Healthcare Provider or any other party that they contact through the Eurodiet App or any employee or agent of PS-SA
- Are There any Costs?
The Eurodiet App is free to download and Users are not charged to use the Eurodiet App or access the Services provided under the Eurodiet App.
- Your Warranties & Undertakings
7.1 You hereby warrant to PS-SA:
7.1.1 at all times to comply with the security measures set out in Clause 4.5 of this Agreement;
7.1.2 not to (nor to allow any third party to) or attempt to copy, make error corrections or to otherwise modify and/or enhance the Eurodiet App, nor create derivative works based upon the Eurodiet App or any part of it.
7.2 You Undertake that
7.2.1 if, following use of the Eurodiet App, you have any concerns regarding any information or advice you have received via the Services, or regarding your health, wellbeing or any conditions, you agree to seek further medical opinion from a Healthcare Provider; and
7.2.2 you will promptly notify your Healthcare Provider if you are aware that any part of your medical record accessed by the App including any tests, prescriptions, imaging, advice given or opinion expressed are incomplete or inaccurate.
7.3 You may use the Service only for lawful purposes. You may not use the Service in any way:
7.3.1 that breaches any laws;
7.3.2 that is unlawful, fraudulent, or is in any manner inconsistent with these Terms;
7.3.3 which infringes our intellectual property rights or those of any third party in relation to your use of the Service;
7.3.4 to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;
7.3.5 that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
7.3.6 to access, send, knowingly receive, upload, download, use or re-use any personal information regarding any person other than yourself or those Users within your health network without their explicit prior consent;
7.3.7 to collect or harvest any information or data in respect of the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service;
7.3.8 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful material, programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
7.3.9 to attempt to gain unauthorised access to the App or Services, the server on which our Website is access to the App or services, the server on which our Website is stored or any server, computer or database connected to the App or our Website; or
7.3.10 to attack our Services via a denial of-service attack or a distributed denial-of service attack.
- Warranties of PS-SA
8.1 Subject to Clause 8.2 of this Agreement, PS-SA hereby warrants:
8.1.1 that it shall use commercially reasonable efforts to make the Eurodiet App generally available for use on a 24/7 basis except for:
22.214.171.124 Planned Maintenance Periods – Whereby PS-SA shall use all reasonable endeavours to schedule (to the extent reasonably practicable) during the hours from Monday to Friday 06:00 GMT to 08:00 GMT;
126.96.36.199 Emergency Maintenance Periods – Whereby PS-SA shall use all reasonable endeavours to restore the Eurodiet App as soon as reasonably practicable (regard being had to the cause of the disruption or failure).
8.2 The warranties set out in Clause 8.1 of this Agreement shall not apply to defects or failures in the Eurodiet App, or any element of the Eurodiet App supplied to you under or in connection with this Agreement) which arise in whole or in part from:
8.2.1 use of any version of the Eurodiet App other than the current release which is made generally available by PS-SA;
8.2.2 accident, neglect or misuse of the Eurodiet App or any element of the Eurodiet App supplied to you under or in connection with this Agreement) caused by you and/or any third party; or
8.2.3 the improper use, operation or neglect of the hardware and/or your network or computer systems (including, but not limited to, the Computer System) on or through which the Eurodiet App is accessed; or
8.2.4 failure by you to implement and use any solutions and/or error corrections (including, without limit, in any new release) which have been made available to you (or generally by PS-SA); or
8.2.5 the effect of electrical storm or any electrical fault upon the Eurodiet App, or any element of the Eurodiet App supplied to you under or in connection with this Agreement) or the Computer System; or
8.2.6 failure of any hardware, network, cabling, peripheral or telecommunications equipment not under the control of PS-SA (including, without limit, any failure of the internet or networked solution through which the Eurodiet App is accessed or intended to be accessed); or
8.2.7 unusual stress or storage, transportation, handling, repairing and/or housekeeping of the Computer System by you (or on your behalf) in a manner which does not reflect normal IT practice or indicated in writing by PS-SA (including but not limited to advice or instruction provided via the Eurodiet App); or
8.2.8 any unauthorised alteration or modification of the Eurodiet App, or any element of the Eurodiet App supplied to you under or in connection with this Agreement.
8.3 EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED WITHIN THIS AGREEMENT, PS-SA DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, CONDITIONS AND STIPULATIONS WHETHER EXPRESSED OR IMPLIED, STATUTORY, CUSTOMARY OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW AND THE ABOVE WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS AND LIABILITIES ON THE PART OF PS-SA FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE EURODIET APP OR ANY ELEMENT OF THE EURODIET APP SUPPLIED TO YOU UNDER OR IN CONNECTION WITH THIS AGREEMENT. IN PARTICULAR, YOU WARRANT THAT YOU HAVE ASSESSED FOR YOURSELF THE SUITABILITY OF THE EURODIET APP FOR YOUR REQUIREMENTS, AND ACCEPT AND AGREE THAT PS-SA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE EURODIET APP WILL BE FIT FOR ANY PARTICULAR PURPOSE (WHETHER OR NOT MADE KNOWN TO PS-SA) OR THAT THE USE OF THE EURODIET APP WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY ERRORS FOUND IN THE EURODIET APP, CAN BE CORRECTED. YOU ACKNOWLEDGE THAT THE EXISTENCE OF ERRORS IN THE EURODIET APP, OR ANY ELEMENT OF THE EURODIET APP SUPPLIED TO YOU UNDER OR IN CONNECTION WITH THIS AGREEMNET WILL NOT CONSTITUTE A BREACH OF THIS AGREEMENT.
- Intellectual Property Rights in the Eurodiet App
9.1 Except as expressly set out in this Agreement, you shall have no rights in respect of the Intellectual Property Rights subsisting in respect of the Eurodiet App as supplied to you under or in connection with this Agreement, and which is owned by (or used under licence by) PS-SA, and you hereby acknowledge that all such Intellectual Property Rights are and shall remain vested or controlled by PS-SA (or its third-party licensors).
9.2 You will not modify or delete any proprietary marks on or in respect of the Eurodiet App supplied you under or in connection with this Agreement.
- Confidential information
10.1 The Receiving Party shall:
10.1.1 keep the Confidential Information confidential;
10.1.2 not disclose the Confidential Information to any person, other than in accordance with Clauses 10.2 to 10.5, unless it first obtains the Disclosing Party’s written consent; and
10.1.3 not use the Confidential Information for any purpose other than the performance of its obligations under this Agreement.
10.2 During the Licence Term, PS-SA may disclose Confidential Information to its employees, permitted sub-contractors and to its third-party licensors to the extent reasonably necessary (in PS-SA’s discretion) for the purposes of performing its obligations and/or exercising its rights under or in connection with this Agreement.
10.3 The Receiving Party may disclose Confidential Information to its employees and/or sub-contractors strictly to the extent necessary for performing its obligations and/or exercising its rights under or in connection with this Agreement.
10.4 The Receiving Party shall ensure that each person who receives Confidential Information pursuant to Clauses 10.2 or 10.3 (“a Recipient”) is made aware of and complies with all the Receiving Party’s obligations of confidentiality under this Agreement as if the Recipient was a party to this Agreement.
10.5 The Receiving Party may disclose Confidential Information where disclosure is required by law, by a court of competent jurisdiction or by a regulatory body with authority over its business, provided that the Receiving Party gives the Disclosing Party at least 5 Business Days’ notice of the disclosure.
10.6 The obligations contained in Clauses 10.2 to 10.5 of this Agreement do not apply to Confidential Information which:
10.6.1 is at the date of this Agreement or at any time after the date of this Agreement comes into the public domain other than through breach of this Agreement by the Receiving Party or any Recipient;
10.6.2 can be shown from written records of the Receiving Party and (in any event) to the reasonable satisfaction of the Disclosing Party to have been known by the Receiving Party before disclosure by the Disclosing Party to the Receiving Party; or
10.6.3 subsequently comes lawfully into the possession of the Receiving Party from a third party.
10.7 These obligations of confidentiality will survive termination of this Agreement.
- Limitations of Liability
11.1 THIS CLAUSE 11 CONTAINS IMPORTANT PROVISIONS WHICH ACT TO SET AND PLACE LIMITS ON PS-SA’S LIABILITY UNDER THIS AGREEMENT TO YOU AND OTHER THIRD PARTIES. IN SOME CASES, PS-SA ALSO COMPLETELY EXCLUDES CERTAIN TYPES OF LIABILITY. BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO BE BOUND BY ITS TERMS AND EXPRESSLY AGREE TO THE FOLLOWING LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY TO THE MAXIMUM EXTENT THEY ARE PERMITTED BY APPLICABLE LAW.
11.2 Notwithstanding anything to the contrary in this Agreement neither Party’s liability to the other Party:
11.2.1 for death or personal injury caused by the negligence of the Party in default, its employees, agents or sub-contractors;
11.2.2 due to any breach by either Party of conditions as to title or warranty as to quiet possession to the extent (if at all) implied by applicable law; or
11.2.3 for fraud (including fraudulent misrepresentation),
shall be limited (but nothing in this Clause confers any right or remedy upon the Party not in breach to which it would not otherwise be entitled).
11.3 Except as otherwise expressly stated in this Agreement, Clauses 11.4 to 11.5 of this Agreement set out PS-SA’s entire liability (including liability for the acts or omissions of its employees, agents, sub-contractors) to the you, in respect of:
11.3.1 any breach of its contractual obligations arising under or in connection with this Agreement; and
11.3.2 any representation, statement, negligence, breach of statutory duty or other tortious act or omission arising under or in connection with this Agreement.
11.4 Subject to the maximum extent permitted by law, PS-SA will not be liable to you for any claim in respect of:
11.4.1 pure economic loss including:
188.8.131.52 profits (whether direct or indirect);
184.108.40.206 anticipated savings;
220.127.116.11 business opportunities;
18.104.22.168 wasted or lost management or employees’ time;
22.214.171.124 (except as expressly provided in this Agreement) loss or corruption of data; and,
11.4.2 any special, consequential, punitive or indirect loss, whether or not PS-SA has been advised of the likelihood of such loss.
11.5 Subject to clause 11.2 of thIS AGREEMENT, PS-SA’s maximum liability under or in connection with this AGREEMENT whether in contract, tort or otherwise, will not exceed THE SUM OF £1,000.00 (ONE THOUSDAND POUNDS).
- Independent Contractor
It is understood that each Party is acting as an independent contractor and not in any way as an agent or representative of the other. Neither Party has authority to bind or speak for the other Party except as may be specified in writing from time-to-time.
13.1 PS-SA and You shall (respectively) immediately become entitled (without prejudice to its other rights in law or equity or under this Agreement) to terminate this Agreement immediately by notice in writing to the other (the “Defaulting Party”) if the Defaulting Party:
13.1.1 is in breach of its obligations under this Agreement and (in the event of a breach which is capable of remedy) fails to remedy the same within 28 Business Days of receiving written notice requiring such remedy; or
13.1.2 is involved in any legal proceeding concerning its solvency, or commences liquidation (except for the purpose of reconstruction) or ceases or threatens to cease trading, or if serious doubt arises as to its solvency.
13.2 PS-SA shall be entitled to terminate this Agreement on your death and/or in the circumstances where you have not accessed your Account for a period of 12 months.
13.3 In the event that you wish to cease using the Eurodiet App, you will be entitled to terminate this Agreement by deleting the Eurodiet App from the Computer System.
- Consequences of Termination
14.1 On termination of this Agreement for whatever reason:
14.1.1 You will permanently delete any copy of your Account details related to the Eurodiet App from your Computer System and/or any other computer system under Your control or other storage medium to which copies have been stored by or on behalf of You, and that the relevant storage medium has been overwritten to adequately prevent reconstruction of the Account details related to the Eurodiet App; and
14.1.2 the relevant provisions of this Agreement shall apply so far as they create obligations as a result of termination of this Agreement.
- Force Majeure
Neither PS-SA nor You (respectively) shall be liable for total or partial failure to perform its obligations in this Agreement during any period in which its performance is prevented or hindered by circumstances beyond its reasonable control.
- Choice of Law and Jurisdiction
16.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16.2 The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
17.1 This Agreement forms the entire agreement between PS-SA and You on its subject matter, and supersedes without limitation, all previous contracts, arrangements, representations (other than fraudulent misrepresentations) or understandings between PS-SA and You, in each case, whether written, arising from custom or oral. Each of PS-SA and You acknowledge that this Agreement has not been entered into wholly or partly in reliance on any statement, promise or representation made by or on their behalf other than those made fraudulently.
17.2 In the event that any of the terms and conditions of this Agreement is judged to be in whole or in part illegal or unenforceable for any reason the remainder of the terms and conditions of this Agreement will continue in full force and effect.
17.3 No delay or failure by either Party in enforcing its respective rights will prejudice or restrict the rights of the Party, and no waiver of any such rights, or of any breach of any contractual terms, will be deemed to be a waiver of any other right or of any later breach.
17.4 You are prohibited from assigning, transferring, sub‑contracting, mortgaging, charging or otherwise parting with this Agreement or any right or obligation under it without the prior written consent of PS-SA, such consent not to be unreasonably withheld or delayed.
17.5 PS-SA and You do not intend that any part of this Agreement will be enforceable by virtue of law or otherwise (established by statute, precedent, common law, custom or otherwise) by any person not a party to it.
17.6 PS-SA reserves the right to change the Eurodiet App, its content or this Agreement at any time. You will be bound by any changes to this Agreement from the first time you use the Eurodiet App following the changes. If PS-SA is required to make any changes to this Agreement by law, these changes will apply automatically.
17.7 Any notice given under this Agreement by either Party to the other must be in writing and delivered:
17.7.1 (in the case of PS-SA) to the postal or e-mail address set out in Clause 1.1 of this Agreement; and,
17.7.2 (in the case of you) to any address given in the Account details,
and must be effected by:
17.7.3 personal delivery; or
17.7.4 courier; or
17.7.5 registered mail; or
and will be deemed to have been given in the case of:
17.7.7 registered mailing, three (3) Business Days after the date of mailing; or,
17.7.8 e-mail, when a written acknowledgement is received by the sender; or
17.7.9 personal delivery or courier, at the time of delivery.
- Definitions and Interpretation
18.1 The following words shall have the following meanings in this Agreement:
“Account” means collectively the Personal Information, Payment Information and/or credentials used by you to access the Eurodiet App;
"Agreement" means the terms and conditions set out in this agreement and any documents expressly mentioned therein;
“Business Day” means any day other than Saturday, Sunday, bank or other public holiday in England and Wales;
“Commencement Date” means the date on which You have agreed to be bound by this Agreement by accepting its terms;
“Computer System” means the computer, mobile device or other access device from which the Eurodiet App is to be accessed by You;
“Confidential Information” means all information of a confidential nature disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by one Party to this Agreement (“the Disclosing Party”) to the other Party to this Agreement (“the Receiving Party”) whether before or after the date of this Agreement including any information relating to the Disclosing Party’s products, operations, processes, plans or intentions, product information, Intellectual Property Rights, market opportunities and business affairs or those of its licensees, clients or other contacts;
“Dependant” means a person who relies on another, especially a family member;
“Eurodiet App” means the self-contained program or piece of software downloaded by You to a mobile device, and which is designed to allow You to use the Service;
“Healthcare Provider” means a doctor of medicine or osteopathy, podiatrist, dentist, chiropractor, clinical psychologist, optometrist, nurse practitioner, or any other medical practitioner.
“Hospital” means an institution providing medical and surgical treatment and nursing care for sick or injured people
“Intellectual Property Rights” means all intellectual and industrial property rights including patents, know‑how, registered trade marks, registered designs, utility models, applications for and rights to apply for any of the foregoing, business names (including internet domain names and email addresses), unregistered design rights, unregistered trade marks, rights to prevent passing off for unfair competition and copyright, database rights, topography rights and any other rights in any invention, discovery or process, in each case in the United Kingdom and all other countries in the world and together with all renewals and extensions;
“Licence Term” means the duration of the permission to use the Eurodiet App which commences on the Commencement Date and will terminate in accordance with the terms of this Agreement;
“Parties” shall mean You and PS-SA, and “Party” shall mean either one of them.
“Payment Information” means any details required for the payment of in-app purchases. This includes, but is not limited to, PayPal account details;
“Prescription” means an instruction written by a Healthcare Provider that authorizes a patient to be issued with a medicine or treatment
“PS-SA Platform” means the proprietary computational platform developed and made available by PS-SA for use by you and Healthcare providers as located at the WebSite (or such other URL as notified by PS-SA from time-to-time) together with (as relevant):
- the Eurodiet App (including all underlying operating system and applications software) which is made available by PS-SA for the purposes of providing access to the Service; and
- the data centre infrastructure (including hardware and operating and/or applications software) which is operated and/or controlled by or on behalf of PS-SA in order to make the Eurodiet App (as described) and the Website available over an internet or similar connection.
“Service” means the service described in Clause 5.1, and any other service PS-SA may provide via the PS-SA Platform from time to time;
“Website” means the website hosted at www.XX.com (or such other URL as notified by PS-SA from time-to-time).
18.2.1 The index and headings to the clauses of this Agreement shall not affect its construction.
18.2.2 Where the context so requires or admits, the masculine shall include the feminine and the neuter and the singular shall include the plural and vice versa.
18.2.3 Any reference in this Agreement to a clause is a reference to a clause of this Agreement.
18.2.4 Any reference to a statute or statutory provision shall be construed as a reference to the same as from time-to-time amended, consolidated, modified, extended, re-enacted or replaced.
18.2.5 Any phrase in this Agreement introduced by the term “include”, “including”, “in particular” or any similar expression will be construed as illustrating and will not limit the sense of the words preceding that term.
18.2.6 Any obligations on a Party not to do or omit to do anything includes an obligation not to allow that thing to be done or omitted by a third party and to the extent this Agreement does not prohibit the sub-contracting of any obligations on a Party, then that Party who agrees to do something will be deemed to fulfil that obligation if that Party procures that it is done.