Last updated: 1st November 2023
Welcome!
Careology Health Limited of 1 - 2 Paris Garden, London, SE1 8ND under company number 10205660 ("Careology", "us", "we" and "our") has developed and owns (or licences) a digital healthcare platform targeted at Clinicians, Patients and Caregivers (as those terms are defined below).
These terms and conditions ("Clinician Terms") apply to you if you obtain access to Careology Professional through your employing service provider or organization. You are not required to make any payment to us under these Clinician Terms for access to Careology Professional.
You must not access or use, or attempt to access or use, Careology Professional if you are a Patient or Caregiver. The terms and conditions relating to a Patient or Caregiver's download, use of and / or access to our platform (through the Careology Patient/Caregiver App) are set out in the App Terms of Use.
Any personal information we obtain from your use of the platform will be processed in accordance with our Privacy Policy which explains what information we collect and why. We ask you to please read this carefully so that you understand our views and practices regarding your personal data and how we will treat it.
Please ensure you have read and understood these Clinician Terms carefully. By accessing or using Careology Professional you accept that you are bound by the then-current version of these Clinician Terms.
We reserve the right to amend these Clinician Terms from time to time. We will email you to alert you to any new terms or notify you of any change when you next use the platform. We will use reasonable efforts to give you thirty (30) days prior notice of any changes. Your continued use of the platform will be deemed to be acceptance of any new terms.
Your attention is particularly drawn to the provisions of clause 1 (Important Statements) and clause 8 (Liability).
1. Important Statements
Individual clinicians
You are able to access Careology Professional by virtue of your employing service provider or organization purchasing a licence for use by its staff, advisors, contractors and / or consultants ("Enterprise Subscription"). Your rights to access and use Careology Professional is exclusively for your own purposes and the purposes of your employing service provider or organization.
Not a healthcare provider
We are not a healthcare provider. We only provide our platform (including Careology Professional) and related products and services to enable Patients to manage various aspects of their care, and communicate with Caregivers and Clinicians or other healthcare professionals. Our platform is a communication platform only and Careology is not responsible for any information communicated through it by clinicians or other healthcare professionals (including you), Patients or Caregivers.
Neither Careology nor its technology (including Careology Professional) will diagnose, treat, cure or prevent any health issues or make any recommendations concerning any Patient's healthcare or treatment.
The information Careology (or its related third parties) makes available on, through or in connection with our platform does not constitute medical advice and it is the Patients' sole responsibility to seek the advice of a healthcare provider if the Patient and/or Caregiver have any questions or concerns or the Patient feels unwell.
You or your employing service provider or organization must ensure Patients are advised to consult a doctor before starting to use our platform and it is ultimately the Patients' and Caregivers' respective sole responsibilities to ensure the platform is suitable for their needs.
You acknowledge and agree that our platform does not affect or reduce your responsibilities and obligations as a healthcare provider. It is your, and your employing service provider or organization's, responsibility to provide accurate and relevant healthcare advice and medical treatment to Patients in accordance with their responsibilities and professional obligations.
We are not liable or responsible for the accuracy, timeliness or completeness of any Patient Data.
You agree that you are responsible for reviewing the Patient Data in full and drawing conclusions and ascertaining the status of Patients from the Patient Data in accordance with your professional obligations. We are not responsible in any way for determining, analyzing or drawing conclusions from the Patient Data and we are only making the Patient Data available to you.
User requirements
You must register an account for Careology Professional and to do so you must meet our eligibility criteria. Accordingly, you represent and warrant to us that:
you are a medical practitioner or other healthcare professional, registered with the appropriate medical body, have all the requisite accreditations and indemnities to practice legally including work you will undertake on Careology Professional, and you accept that you are responsible and liable for the care you provide using Careology Professional;
you are responsible for ensuring that you maintain all necessary registrations, indemnities and insurance to provide care to Patients for as long as you use Careology Professional;
your employing service provider or organization or the license-holder has given you permission to use Careology Professional under their Enterprise Subscription; and
you are not currently restricted from using Careology Professional.
Information
It is vital that you supply us with correct information about yourself (including any information supplied by you on Careology Professional or when creating an account). Some parts of Careology Professional are based on that information. In order to continue to provide you with a high quality of service it is important that you regularly update Careology Professional. If you do not do this, the tools and content may become unsuitable for your use of Careology Professional. We are not liable for any incorrect or inaccurate information supplied to us by you or any other user of our platform.
2. Definitions
The following terms have the corresponding meanings:
"Caregiver" means friends, family or carers (other than the Clinician) of the Patient.
"Careology Professional" means the Careology Professional platform (and any update/upgrade thereto), available here, and any related services, information, content and materials which Careology owns (or licences) or otherwise makes available to you (subject to your agreement and adherence to these Clinician Terms).
"Clinician" means a medical practitioner or healthcare professional, or case manager or other third party (including without limitation insurer case managers), who require oversight of a Patient but are not involved in clinical care or any other medical related services. When we refer to "Clinician" in these Clinician Terms we mean you.
"Patient" means the individual for whose primary benefit you are using Careology Professional.
"Patient/Caregiver App" means the app or website version of it (and any update/upgrade thereto) that Careology makes available for download and use by Caregivers and Patients.
"Patient Data" means information relating to a Patient and the Patient's health inputted into our platform by the Patient (or their Caregiver).
"Patient/Caregiver Terms" means the standard terms and conditions governing Careology's relationship with Patients and Caregivers, respectively.
"User Content" means any content or information you upload to our platform (including the Careology Professional).
3. Your use of Careology Professional
We will make Careology Professional available to you as described in these Clinician Terms. You may use Careology Professional for professional and lawful use and in accordance with these Clinician Terms.
Your use
You acknowledge and agree that:
Careology accepts no obligation to monitor the use of Careology Professional. However, Careology reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these Clinician Terms or any breach of applicable law or regulation. Careology will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security;
Careology may change the format, content or features of Careology Professional from time to time with or without notice to you;
you shall keep your username and password secure and not permit others to use your account (including for example any other person in your medical group such as a nurse or colleague);
you have undertaken and completed initial training of Careology Professional and are responsible for keeping up to date on new training as provided by Careology from time to time; you are responsible for anything that happens through your account;
you have the legal power to enter into these Clinician Terms and have been given permission by your employing service provider or organization to use their Enterprise Subscription to access Careology Professional;
if you discover any unauthorized use of your account, you must promptly let us know;
we have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Clinician Terms; and
you are not allowed to use or copy any material on or relating to Careology Professional for any purpose other than as expressly described in these Clinician Terms.
What you can't do
You may not, and you warrant that you will not, use Careology Professional:
to knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
in any way that breaches any applicable local, national or international law or regulation. If you access our service from outside of the UK, you are responsible for ensuring that it is lawful to do so and for complying with the laws of the country from where you access the platform;
without having authority to do so from your employing service provider or organization;
in any way that is inconsistent with these Clinician Terms or your professional obligations;
in any way that is unlawful, malicious or fraudulent, or has any unlawful, malicious or fraudulent purpose or effect;
to create a false identity or submit inaccurate, false or misleading information;
to send material or other content during your use of Careology Professional or behave in a way that is unlawful, dishonest, threatening, defamatory, obscene, discriminatory or is racially offensive;
to send material which infringes our intellectual property rights or those of any third party;
except to the extent expressly set out by applicable law, to reproduce, duplicate, copy, reverse engineer or re-sell any part of Careology Professional; and / or
to access, without authority, interfere with, damage or disrupt any part of Careology Professional, any equipment or network on which Careology Professional is stored; any software used in the provision of Careology Professional; or any equipment or network or software owned or used by any third party.
All rights granted to you under these Clinician Terms will terminate immediately if you are in breach of any of these terms.
4. Intellectual Property
Our platform
We own or license all intellectual property rights in our platform including Careology Professional and any content, materials or information that exists on or is created by or in connection with Careology Professional (other than User Content). On the condition that you comply with these Clinician Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable licence to access and use Careology Professional in accordance with these Clinician Terms. Except to the extent expressly set out in these Clinician Terms, nothing in these Clinician Terms gives you any rights in respect of any intellectual property owned by Careology or its licensors and you acknowledge that you do not acquire any ownership rights by using Careology Professional. In particular, "Careology" is a registered trademark or an application for a registered trademark owned by Careology. You must not use Careology's brand, logo or mark without written licence.
Except with our express written consent, you shall not include or create links to or from Careology Professional, or remove or change any copyright, trademark or other intellectual property right notices contained in Careology Professional.
Content
You are responsible for your User Content. Nothing in these Clinician Terms grants Careology any ownership rights in the User Content.
You grant Careology a non-exclusive, transferable, sublicensable, worldwide, royalty free licence to use the User Content to deliver Careology Professional to you and to develop our platform. We will only use fully anonymised and aggregated User Content to develop our platform.
Careology does not control or monitor the User Content posted to or via our platform and, in particular, does not control the User Content and, as such, Careology does not make or give any representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, usefulness, quality, fitness for purpose or originality of any of the foregoing content or data.
5. Third party interactions
During use of Careology Professional, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through Careology Professional. Any such activity (and any terms, conditions, warranties or representations associated with such activity), is solely between you and the applicable third party.
Careology and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Careology does not endorse any third party or any sites on the Internet that are linked through Careology Professional. Careology provides links and access to third parties only as a matter of convenience, and in no event shall Careology or its licensors be responsible for any advice, content, products, or other materials on or available from such companies or sites.
6. Term, termination and suspension
Careology may terminate or suspend your access to Careology Professional, immediately if you do not comply with these Clinician Terms.
Upon termination you will have 30 days to retrieve your User Content from Careology Professional.
7. Liability
We do not exclude or limit liability in any way for:
death or personal injury caused by the negligence of our employees, agents or subcontractors, or for fraudulent misrepresentation.
Subject to the foregoing, we shall not be liable under or in relation to these Clinician Terms (whether such liability arises due to breach of contract, negligence, misrepresentation or for any other reason) in respect of any of the following types of loss: (i) loss of profit or revenue; (ii) loss of, or damage to, software or data; or (iii) indirect, consequential or special loss or damage (regardless of whether or not the party concerned was aware, or ought reasonably to have been aware, that any such loss or damage might arise).
Subject to the foregoing, our liability to you howsoever arising shall not exceed £100 or equivalent in local currency.
Except as expressly stated in these Clinician Terms, 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 these Clinician Terms.
We remind you that, as set out in clause 1, Careology is not a healthcare provider. If you are a medical practitioner or other healthcare professional involved in the medical care of a Patient, it is your responsibility as medical professional to raise any concerns you have with a Patient or their Caregiver and to take the appropriate course of action. You are responsible and liable for any advice, medical or otherwise, that you provide through or in connection with Careology Professional.
You acknowledge that Careology Professional may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by Careology Professional is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
8. Other terms
A Patient or Caregiver may disclose confidential and / or sensitive information to you through Careology Professional and the Caregiver/Patient App. You agree to observe your duties of confidentiality as a health care professional (including without limitation any professional codes of conduct). You will take at least reasonable measures to prevent the unauthorized disclosure or use of such information. You may only disclose such information if it is strictly necessary to fulfil your obligations under these Clinician Terms or if it is required by law.
These Clinician Terms (or any update thereto) constitute the entire agreement between us and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
If we choose to waive any particular right we have under these terms on any particular occasion this does not prevent us from exercising that right on another occasion.
If any part of these Clinician Terms is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of these Clinician Terms.
You are not entitled to transfer or assign your rights and obligations under these Clinician Terms to anyone else without our prior written permission.
If there are any disputes or otherwise, relating to these Clinician Terms, then these will be governed by the laws of England, and subject to the exclusive jurisdiction of the English courts.
To contact us about any aspect of these Clinician Terms, please email hello@careology.health