Last Updated: Dec 02, 2020
Terms and Conditions
MPS Services provides a software application and platform, that can be used by healthcare providers and/or life science companies (“Customers”) to engage with staff, patients, and families via the internet for the purpose of patient management and engagement across a patient’s care journey (collectively known as the “Services” ). Access to the Services for patients, staff and families is given by Customers by providing you with a secure access code.
Bluetooth Product(s) means a medical device with Bluetooth connectivity manufactured by a 3rd party provider which MPS may provide to healthcare providers who in turn may make it available to you to connect to the Services and in those circumstances the Bluetooth Product forms part of the Services for the purposes of these terms and conditions.
These terms and conditions (“Terms”) shall govern all Users of our Services and are designed to provide a secure framework for the use of the Services. Please read the terms carefully before using our Services, as they are a legally binding contract.
- By using our Services, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use the “Services”.
- When you register with the “Services”, submit any material to the application or use any of our services, we will ask you to expressly agree to these terms and conditions.
- You must be at least eighteen (18) years of age to use our Services. If you are between the ages of 13-18, you may use the Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data to us or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address), unless a healthcare provider explicitly allows and provides access to the service to an individual below these age limits and has consent to do so from a parent or guardian.
- For information about how we collect, use, and share your Personal Data, please review our Privacy Notice. We take the collection, use and security of the Personal Data that our users provide to us very seriously. By using the Services you consent to the collection, use, processing and sharing of such Personal Data (as set forth in the Privacy Notice).
2. License to use Services
- Subject to the other provisions of these terms and conditions, you may:
- view pages from our Services in a web browser or use the Services through an application,
- download pages from our Services for caching in a web browser,
- print pages from our Services,
- stream audio and video files from our Services.
- Except as expressly permitted by Section 2 or the other provisions of these terms and conditions, you must not download any material from our Services or save any such material to your computer.
- You may only use our Services for your own personal purposes.
- Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Services.
- Unless you own or control the relevant rights in the material, you must not:
- republish material from our Services (including republication on another Services),
- sell, rent or sub-license material from our Services,
- show any material from our Services in public,
- exploit material from our Services for a commercial purpose,
- redistribute material from our Services.
- We reserve the right to restrict access to areas of our Services, or indeed our whole Services, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Services.
- While we strive to make our applications available on many platforms, we can’t guarantee that our applications are compatible with your device. If you use our applications, your standard data and messaging rates will apply.
- If you download our applications from a third-party app store (the “App Provider”), you acknowledge and agree that the Terms are an agreement between us, and not with the App Provider. As between us and the App Provider, we are solely responsible for the applications. To the maximum extent permitted by applicable law, the App Provider will have no warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between us and the App Provider, it will be our responsibility.
- The App Provider is not responsible for addressing any claims you have relating to the application or your possession and use of the application. If a third party claims that an application infringes another party’s intellectual property rights, as between the App Provider and us, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the applications. Upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the applications against you as a third-party beneficiary thereof; and You must also comply with all applicable third-party terms of service when using the applications.
- In these terms and conditions, “your content” means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Services for storage or publication on, processing by, or transmission via, our Services].
- You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free license] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this Services and any successor Services] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this Services].
- You grant to us the right to sub-license the rights licensed under Section 9.2.
- You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
- You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
- You may edit your content to the extent permitted using the editing functionality made available on our Services.
- Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
- Our Services may contains general information about medical conditions and treatments provided by your HP.
- You must not rely on the information on our Services as an alternative to medical advice from your doctor or other professional healthcare provider.
- If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
- If you think you may be suffering from any medical condition, you should seek immediate medical attention.
- You should never delay seeking medical advice, disregard medical advice or care instructions or discontinue medical treatment because of information on this Services.
- The app must not be used independently of professional health care.
- If you are a patient, you must only use the APP after you have been given access from you HP and been issued a link to use the app dedicated towards your specific care journey.
- Should you have any health-related issues, please contact or visit your doctor or other healthcare professionals immediately. If you are in an emergency, call your doctor or nearest hospital service immediately.
- If you are a Patient you may invite other close friends and families to have access to your details and your care plan. This will only be done based on your explicit consent. Anyone you invite will also be bound to these terms. Anyone you invite will have access to the same information you have.
- To the maximum extent permitted by applicable law, we are not responsible or liable, directly or indirectly, for any damage caused by your physical activities or your use or inability to use our Services or features of our Services.
- By using myPatientSpace, you acknowledge that it is your own responsibility to respond to your body’s health signals and to contact your doctor or other healthcare professional if you are in doubt about anything using the app.
- Staff should never invite any non-staff members to a patient’s space without the explicit consent of the patient.
- With the patients and HP explicit consent, we may provide access to health and assessment details to third parties such as Insurers and National Bodies.
- We reserve the right to discontinue or alter any or all of our Services, and to stop publishing our Services, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Services .
- EXCEPT WHERE PROHIBITED BY LAW, WE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Services. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
- MPS makes no representation or warranty in respect of the Peakflow Device and the Peakflow Device is provided subject to and with the benefit of the limited warranty provided by the manufacturer only. You acknowledge and accept that MPS will not be liable to you for any loss, damage, claim or liability howsoever arising from or related to the Peakflow Device other than an obligation replace any defective or recalled Peakflow Device
- Nothing in these terms and conditions will limit or exclude any liability for death or personal injury resulting from negligence, any liability for fraud or fraudulent misrepresentation or any liabilities that may not be excluded under applicable law.
- The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions are subject to Section 12.1; and govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
- To the extent that our Services and the information and services on our Services are provided free of charge, we will not be liable for any loss or damage of any nature.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill or any special, indirect or consequential loss or damage.
- We will not be liable to you in respect of any loss or corruption of any data, database or software.
- You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Services or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).