Terms & Conditions

This is a Legal Agreement

This Terms of Use (“Terms”) is a legal agreement between you and Digital Care Planning (“DCP”, “we” or “us” or “our”) governing your access to and use of the online services that DCP operates and that link to these Terms, including, without limitation, the Website Content and User Content (collectively, the “Services”).

Please read the Terms carefully before using the Services. Using the Services indicates and requires that you accept and agree to be bound by the Terms. Do not use the Services if you do not accept the Terms.

DCP may change or modify the Services or the Terms at any time. Such changes, revisions, or modifications shall be effective immediately upon being posted. Any use of the Services by you after we post changes to the Terms constitutes your acceptance of those changes.

Where the changes to the Terms are significant, we will also choose to email you with the new details to notify you of these changes where we are required to do so by law. It is your responsibility as a user of this site to make sure that you are aware of changes published on this page.

You represent that you are at least 18 years old, and that all information you submit is correct.



These terms contain disclaimers of warranties (section 9), disclaimers of liability and an exclusive remedy (section 10), as well as information about certain limitations on your ability to bring a claim against us (section 16).

Prohibited Content and Activities

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any person or entity (a “person”), interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:


  • Impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide;

  • Engage in unauthorised spidering, scraping, or harvesting of content or information, or use any other unauthorised automated means to compile information;

  • Obtain or attempt to gain unauthorised access to other computer systems, materials, information or any services available on or through the Services;

  • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device or network;

  • Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;

  • Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;

  • Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to DCP’s or its users’ computers, devices or systems; or

  • Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our affiliates, users or any other third party to any liability, damages, or detriment of any type.


Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.

User Submissions

Certain areas of the Services may enable you to send emails, share documents or otherwise provide information to DCP or other persons. You remain fully responsible for the materials that you provide to us or others, including without limitation information, audio recordings, photographs, documents, or other materials submitted, posted, uploaded, sent or otherwise transmitted to us or others (“User Content”). You agree not to provide User Content that:


  • Infringes on, misappropriates or otherwise violates the copyright, trademark, patent or other intellectual property right of any person;

  • Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, or sexually-explicit;

  • Violates a person’s right to privacy or publicity;

  • Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;

  • Contains epithets or other language or material intended to intimidate or to incite violence; or

  • Violates any applicable local, state, national, or international law, or advocates illegal activity.


If you are a healthcare professional or subject to patient confidentiality obligations, you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorisations to disclose.

If the Services permit you to post or publish User Content, you may only post User Content that you have the right to post. You represent that you have obtained all necessary permissions from any person identified in or implicated by your submission (including those shown in photographic content),for example any contacts that you add to your advance care plan.

The obligations that you have to us under these Terms shall survive termination of the Services, any use by you of the Services, any User Content on the Services, or these Terms.

Intellectual Property

All content, information, materials, computer code, and software that are part of the Services other than your User Content (collectively, the “Application Content”) is the property of DCP or third parties. You may access, use and display the Services on a single computer or device and download and print copies of the Application Content only for non-commercial, informational, personal use, and only so long as you comply with these Terms.

For the avoidance of doubt, for purposes of these Terms, the “personal use” of a qualified health care provider (such as a physician, health care facility or pharmacy) or representative of a qualified health plan includes, subject to the terms and conditions of these Terms, use by such person in connection with its, his or her professional responsibilities associated with being a qualified health care provider or representative of a qualified health plan, in each case solely in accordance with all applicable laws, rules and regulations (including without limitation professional codes of conduct) and accepted industry standards and practices applicable to such providers and health plans.


  • Copyright and Other Intellectual Property Rights. The Application Content is protected under the copyright laws of the England and Wales and other countries. You acknowledge that all copyrights and other intellectual property rights in the Services are owned by DCP or its third-party licensors to the full extent permitted under the Copyright Act and all international copyright laws and all other applicable laws. Unless expressly permitted by an authorised person in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the Application Content. To obtain written consent to use a copyrighted work, please contact us using the information in Section 18. Copying or downloading these materials for anything other than your personal use is a violation of these Terms.

  • Trade and Service Marks. All rights in product names, the DCP name, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of DCP products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to DCP or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of DCP, its affiliates, or any third party. To obtain written permission to use the trade and service mark rights of DCP, please contact us using the information in Section 18.

Registration

You may be asked to register for certain activities in connection with the Services. When you register, you agree to provide accurate, current and complete information about yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy.

DCP has the right to suspend or terminate any account or other registration and to refuse any and all current or future use of the Services if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username in connection with the Services, and you are responsible for all activities that occur under your password or account. You are responsible for taking reasonable measures to ensure the security of the devices that you use to access our services.

The Services require an email address so that if you were to forget your username and password a text file with that data can be sent to you securely. In addition, any interactions or content you want to export from the Services can be exported and sent to your email address.

If you discover any unauthorised use of your account information or suspect that anyone may be able to access your User Content, you should immediately change your password and notify support@digitalcareplanning.com.

Termination

DCP may terminate these Terms for any reason at any time. DCP reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. DCP also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services.

Privacy Policy

By using the Services, you indicate that you have reviewed and understand the information outlined in our Privacy Policy and provided consent to the Privacy Policy regarding the information we may collect about you, why we collect it and how we use it.

You acknowledge that we have the right to modify our Privacy Policy from time to time to reflect any changes to how we look after your privacy and any changes to legislation. You agree to review any such modifications and to contact us if you do not understand them in accordance with Section 18 of these Terms. Where the changes are significant, we will also choose to email you with the new details and get your consent to make these changes where we are required to do so by law.

Links

The Services may contain links to other websites or online services that are operated and maintained by other persons and that are not under the control of or maintained by DCP. Such links do not constitute an endorsement by DCP of those other websites or online services, the content displayed therein, or the persons associated therewith. These Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.

Disclaimer of Warranties

Your use of the services is entirely at your own risk. We make no representations or warranties about the services, including without limitation the operation of the services or the information, materials, goods, or services appearing or offered on the services or with respect to any websites or services linked from the services. The services are provided “as is”, “with all faults”, and “as available.” Without limiting the generality of the foregoing, we disclaim all warranties, express, statutory or implied, including but not limited to (i) the warranties of merchantability, fitness for a particular purpose, workmanlike effort, title, quiet enjoyment, no liens and no encumbrances; (ii) the warranties against infringement, misappropriation or violation of any intellectual property or proprietary rights of any person; (iii) warranties arising through course of dealing or usage in trade; and (iv) the warranties relating to the accuracy, reliability, correctness, or completeness of data or content made available on the services or otherwise by DCP.

Further, there is no warranty that the services will meet your needs or requirements or the needs or requirements of any other person or the needs or requirements set forth in any documentation. We make no warranties, express, statutory or implied, that the services, including without limitation the application content, functions or materials contained therein, will be timely, secure, accurate, error-free, complete, up-to-date, free of viruses, or uninterrupted. We expressly disclaim any and all representations, warranties and liabilities in connection with any user content. DCP makes no representation that the services are appropriate or available for use outside of England and Wales. No oral or written information made available by or on behalf of DCP shall create any warranty.

If applicable law does not allow the exclusion of some or all of the above implied or statutory warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.

Exclusive Remedy and Limitation of Liability

Your sole and exclusive remedy is to stop using the services.

Under no circumstances, including without limitation negligence, will DCP, its affiliates, or any party involved in creating, producing, or delivering the services be liable for damages or losses including without limitation direct, incidental, consequential, indirect, special, or punitive damages and lost profits arising out of the terms or your access, use, misuse, or inability to use the services, including without limitation any application content or user content, or any sites linked from the services, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if DCP has been advised of the possibility of such damages, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure.

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, DCP’s liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification

You agree to indemnify, hold harmless, and defend DCP, and its affiliates and licensors, and each of their respective officers, directors, contractors, agents, employees, successors and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services (including, without limitation, your User Content and your use of any Application Content), (ii) your online conduct, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations, (v) your negligence, wilful misconduct, or violations of the intellectual property or other rights of any person, or (vi) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of DCP. These obligations will survive any termination of these Terms.

We Do Not Provide Medical Advice

The Services are designed to offer you general health information for educational and informational purposes only, and the Services are not intended to replace personal consultation with a qualified medical professional. DCP is not engaged in rendering medical or similar professional services or advice via the Services, and the information provided is not a substitute for the professional judgment of a health care professional.

Your reliance upon any content or information provided through the Services is solely at your own risk. You should always seek the advice of a medical professional for questions related to your disease, disease symptoms, treatment, and advance care plans or end of life care plans. You should not construe our publication of this content as an endorsement by DCP of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the content.

Integration and Severability

These Terms constitute the entire agreement between DCP and you with respect to the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

No Waiver

Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

Assignment and Binding Effects

You must not assign these Terms or any rights or obligations herein without the prior written consent of DCP and any attempted assignment in contravention of this provision is null and void and of no force or effect. DCP has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.

Location, Governing Law, Arbitration, and Time Period Limitation for Bringing Claim

These terms are governed by, and must be construed in accordance with, the laws of England and Wales. By using the services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.

With respect to any and all disputes arising out of or in connection with the services or these terms (including without limitation the Privacy Policy), DCP and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and DCP do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section.

You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the federal arbitration act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor DCP will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Separate Terms and Conditions

In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms, for example those relating to but not limited to our Privacy Policy and use of Cookies. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.

Contact Information

Some functionalities of the Application may require the transmission of information provided by you, including names and passwords, addresses, e-mail addresses, e-mails (including history and voice activated commands), financial information, location based information, and textual notes. By using these functionalities, you are consenting to the transmission of this information to us and/or our agents to collect, use and share such information as necessary for the Application functionality and for the purposes described in our Privacy Policy.

Please direct any questions, complaints or claims related to the Services or your use of the Services to support@digitalcareplanning.com.

Please direct any requests to use a copyrighted work or trade or service mark right to support@digitalcareplanning.com.