TERMS OF SERVICE
Version 1.4: These terms were last updated on 27th April 2018. They may be updated in the future and we’ll post the new version here on our website.
What some words mean
So that we can be completely clear, here are some words we use which have specific meanings:
- “Account Holder” means a care provider or company which has agreed to pay for Mobile Care Monitoring (generally this will be the company you work for or your business);
- “Mobile Care Monitoring account” means an agreement to pay a monthly charge on terms agreed in our most recent proposal to use The Service;
- “The Service” means our Mobile Care Monitoring software which is accessed and used via our password protected websites and carer devices;
- “us” “we” and “our” refers to Person Centred Software Ltd, a company registered in England with registered number 8539732 and having its registered office at First Floor, 1 Bell Court, Leapale Lane, Guildford, Surrey, GU1 4LY
- “you” means you, the person who accesses and uses this website and/or The Service; and
- “your Data” means any data entered or uploaded by you while using The Service.
Creating and accessing a Mobile Care Monitoring account
How to apply: In order to access and use The Service, a Mobile Care Monitoring account must first be created. The first account for each care provider or business will be created by us, thereafter an authorised account will be able to create additional accounts
Formation of a contract: If we accept an application for the creation of the initial Mobile Care Monitoring account, we will confirm this by email and at that point a legally binding contract will be created between the Account Holder and us. Each subsequent account that is created will be bound by the same contract. If you apply for a Mobile Care Monitoring account to be created, or if you subsequently create any Mobile Care Monitoring accounts, you must therefore ensure that you are authorised to enter into this contract for and on behalf of the Account Holder. The contract will be concluded in the English language and the provisions of these Terms of Service shall govern our agreement with the Account Holder and you.
Errors in information you gave us: If you made any mistakes in the details you gave to us when applying for a Mobile Care Monitoring account, these errors can be corrected by accessing The Service and using “Company Details” or “People” pages.
Refusal to create an account: We reserve the right, at our discretion, not to accept an application to create a Mobile Care Monitoring account. This may be due to technical constraints, because you or your business has been banned by us from using The Service or for any other reason. No charge will be made by us for declined applications.
How to access the account: You will not be able to access and use The Service without an email address and password for a Mobile Care Monitoring account. There are two ways you can obtain these:
- In order to create the initial Mobile Care Monitoring account a valid email address must be provided. Once the account has been created then on first login with the provided email address, any password used will be stored as the password for that account
- Additional users can use any unique email address and password and can be created by the initial user or authorised user accessing The Service and using the “Add staff” function on the “Home” page.
- The initial user can authorise other users to have the same level of access as the initial user.
Third party applications: Third party applications may, with your permission, allow you to interact with The Service via the Mobile Care Monitoring API. Instruction on how to access the API will be provided on request. Please note that:
- You should only enable API access if you have the permission of the Account Holder.
- By enabling API access to your Mobile Care Monitoring account you agree to the terms of the API on your own behalf and on behalf of the Account Holder.
- Any third party application which you use to access the Service has the ability to access to your Data. Before using any third party application, you should carefully assess whether or not you are happy with the assurances provided by the developer regarding your privacy and security.
- We accept no responsibility for any loss suffered by you as a result of the use of any third party application to access The Service.
Your rights: If the care provider or company you represent (or which you are advising) is an Account Holder and you are authorised by it to use The Service, we grant you a non-transferable, non-exclusive licence to use The Service in accordance with these Terms of Service.
Conditions: The above licence is strictly subject to compliance with these Terms of Service by you (and by the Account Holder whose Mobile Care Monitoring account you are accessing and by all other users of that Mobile Care Monitoring account.)
- only access an Account Holder’s Mobile Care Monitoring account by using a password and email address which that Account Holder authorises you to use; and
- only use The Service on behalf of the Account Holder whose Mobile Care Monitoring account you are accessing and solely for care management purposes relating to that Account Holder’s own business which are legal.
You must not:
- do anything which could reasonably be expected to damage, disable, overburden, or materially impair The Service or our website generally or which is likely to interfere with any other party’s use or enjoyment of The Service;
- question or dispute our ownership of the intellectual property rights in The Service;
Security: The Account Holder is ultimately responsible for administering and safeguarding any passwords created to control access to its Mobile Care Monitoring account: please keep any password issued to you secure.
Paying for The Service
Subscription fee amount: A subscription fee for use of The Service is payable monthly in arrears by the Account Holder based on the level of usage at the end of each month. The subscription rates are detailed in the Account Holder’s contract and may be varied from time to time. All prices are quoted in UK pounds Sterling and include VAT. If you change your subscription package in the future, the change in the subscription payment amount will take effect at the next billing cycle.
Automatic renewal: We will automatically renew the Account Holder’s subscription and bill them every month until the Mobile Care Monitoring account is closed.
Non-payment: We shall be under no obligation to provide The Service if the subscription fee is not paid to us on time. The Account Holder must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Account Holder, its business address, and a billing contact email address. If subscription fees become overdue we reserve the right to suspend your access to The Service until the balance is paid, and we may close the Account Holder’s Mobile Care Monitoring account permanently.
Fees for multiple accounts: If you would like to use The Service to manage more than one business, you will need to sign up for multiple accounts and pay the subscription fee charged by us for each additional Mobile Care Monitoring account.
Our VAT number is: 162 9819 76
Who owns what
Rights in your data: The Account Holder has sole responsibility for the accuracy and reliability of your Data. The Account Holder retains ownership of any copyright, trade marks, database rights and any other intellectual property rights it has in your Data (such as rights in its logo, for example.) Intellectual property rights in your Data will not be transferred to us. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities but otherwise we will only use your Data to provide The Service.
Rights in our software and our website: All copyright, database rights, trade marks and other intellectual property rights in The Service (including any such rights in our website) are either owned by or licensed to us and nothing in these Terms of Service shall transfer any ownership rights to you or to the Account Holder.
Devices rented from us: Devices that are rented by an Account Holder remain the property of Person Centred Software, but are entrusted to the safe care of the Account Holder. If any devices are stolen from the Account Holder then they should report this to the police explaining the circumstances under which they were stolen. We will charge the full cost for any devices that are stolen.
Third party features: All copyright, database rights, trade marks and other intellectual property rights in any external data sources or embedded third party services used in Mobile Care Monitoring are the intellectual property of the relevant third party provider.
Closing a Mobile Care Monitoring account
Cancellation by you: You can close the Account Holder’s Mobile Care Monitoring account at any time by contacting us and requesting a cancellation. No further subscription fees will be billed and no refund will be made of any subscription fees already billed and paid.
Suspension and closure by us: If you (or any other user of the Account Holder’s Mobile Care Monitoring account) fails to abide by these Terms of Service, or if payment of the subscription fees is not paid on time, we reserve the right to suspend your access to The Service or permanently cancel the Account Holder’s Mobile Care Monitoring account. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any
Mobile Care Monitoring account for any reason, by giving one months’ notice.
IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of The Service. It also requires the Account Holder to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service.
No guarantees: We make no guarantee that The Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access The Service. We will try to keep disruptions to a minimum but we may suspend The Service from time to time to carry out maintenance and support work and to investigate unauthorised use. The Service is not a substitute for a professional accountant and any information presented does not constitute accounting advice.
Exclusion of our liability: You use The Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with The Service (even if we have been advised of their possibility.)
Limitation of our liability: Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service (or to our website generally) shall not exceed an amount equal to the subscription fees which the Account Holder has paid to us in the previous month.
Liability to us: If you access The Service using a password created to control access to the Account Holder’s Mobile Care Monitoring account, then the Account Holder shall be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you. Otherwise, you shall be personally be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.
General legal matters
Changes to this contract: We reserve the right to change these Terms of Service from time to time and therefore we may impose new or different terms and conditions on your use of The Service. These additional terms will be posted here on our website and will be effective from the Account Holder’s next monthly subscription. Therefore you should regularly review this page to check for changes to these Terms of Service. Your continued use of The Service will be deemed to constitute acceptance by the Account Holder of all of the new terms. These Terms of Service may not otherwise be changed without our written consent.
Transfer of rights & obligations: We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. Neither you nor the Account Holder may transfer any of your rights or obligations under these Terms of Service without our written consent.
Waiver and severability: If either you or we ignore any breach of these Terms of Service, it doesn’t mean that any further breach cannot be enforced. Similarly, if any part of these Terms turn out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
Warrantee: Person Centred Software warrants that the Service does not impinge any third party rights and indemnifies the Account Holder of any risk thereof to a maximum amount of £500,000. Except as provided above, The Service is provided “as is” and Person Centred Software expressly disclaims and excludes, to the maximum permitted by law, all other representations, warranties, conditions or other terms, express or implied, including without limitations the implied warranties of non-infringement, satisfactory quality, merchantability and fitness for a particular purpose.
Resolving disputes: These Terms of Service shall be governed by and interpreted in accordance with English law. If any party wants to take court proceedings in relation to The Service, it must do so in England. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.