PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE "AGREE AND CONTINUE" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
1. Who are we and what does this agreement do?
• The Excalibur App is made available to you by EXCALIBUR HEALTHCARE SERVICES LIMITED a company incorporated in England and Wales under Company number 12414592 with its registered office at 2ndFloor 60 St James’s, London SW1A 1LE ('Excalibur ', 'we', 'us'). In this Agreement, a reference to ‘you’ means you, in your capacity as a private individual for whom Excalibur processes certain data in connection with the provision of the Excalibur App and connected services.
• TheExcalibur App includes:
i. Excalibur mobile application software (“App”) available on our site and hosted on the Apple AppStore and Google Play Store (“App Site”] once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device.
ii. Any of the services accessible through the App (the “Services”) that are available on the App Site or other sites of ours (the “Services Sites”)
iii. The related online or electronic documentation; and
iv. The content we provide to you through it.
• We license you to use the App as permitted in these terms.
• If you enter into this Agreement on behalf of another person (being an individual) you represent and warrant that (i) you have authority to do so, (ii) you are responsible for compliance with the terms of this Agreement, and (iii) it is your responsibility to ensure that the relevant person, on whose behalf you are entering into this Agreement, is made aware of these terms and the steps being taken on their behalf regarding access and use of the App.
• We also draw your attention to terms numbered 10 and 11below, which explain the limitations which apply to our liability to you in connection with the App.
• The App is for users located in the United Kingdom only. You must not use the App unless you are located in the United Kingdom.
2. Your privacy
3. Intended use
• The app is an accessory for reading lateral flow devices and reporting their results. The app is intended to serve tasks such as training someone to perform a lateral flow test, recording the lateral flow result, and displaying that result, that are encountered by the average home test user, the staff of our partnering employer organisations and the staff ofExcalibur Healthcare Services Limited. It is intended to be used by two groups of users:
2. Enterprise Further instructions for using the App are available at:
4. Regulatory requirements
The App is classified as an in vitro diagnostics accessory (under the IVDR Rule 5b this would be a class A medical device – self-certified - it is a self-certified medical device according to Article 9of the IVDD) and Excalibur is the “manufacturer” of such device as defined in the UK Medical Devices Regulations 2002, as amended. Excalibur will provide the App in accordance with the UK Regulations.
5. Post market surveillance - adverse reporting
If you have any issue or complaint arising from your use of this App please report them toEmail address: email@example.com or writing to us at our postal address: 2nd Floor 60 St James’s, London SW1A 1LE.
• Adverse events should also be reported to the UK Medicines and Healthcare productsRegulatory Agency. Reporting forms and information can be found at Yellow Card Scheme - MHRA.
6. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
You can contact us by emailing or calling our customer service team at
firstname.lastname@example.org or writing to us at the postal address: 2nd Floor 60 St James’s, London SW1A 1LE. If we have to contact you, we may do so using the email address, postal address or telephone number you provided to us.
7. CHANGES TO THIS AGREEMENT
We reserve the right to make changes to this Agreement at any time, in accordance with applicable legislation. If we make any changes to this Agreement, we will post the amended Agreement on the App section of the Excalibur website or through some other reasonable method. Any changes which do not materially affect your rights and obligations shall take effect immediately when they are posted. If you do not accept any change, then you are free to terminate the agreement with us and stop using the App. Any changes which do materially affect your rights and obligations shall take effect and be deemed to be accepted upon your use of the App. Certain provisions of this Agreement may be supplemented or superseded by expressly designated legal notices or terms located on particular pages within the App and/or the App section of the Excalibur website and we will use reasonable efforts to make you aware of those legal notices and/or terms.
8. LICENCE AND INTELLECTUAL PROPERTY (“IP”)
• We grant you a personal, non-transferable and non-exclusive right and licence to download and/or install (where required) and access and use the App only for the intended purpose that applies to you, as set out at clause 3. Any software provided through or used to operate the App is licensed, not sold, to you by us and such licence is limited to object code only.
• We may notify you, by notice within the software or otherwise, that the software contains software governed by the license of a third party and you agree to abide by the terms and condition of the same.
• You must not rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, translate, modify, rent, use as a service bureau, lease, sublicense, distribute copies of, adapt, or create derivative works based on such software, without prejudice to your rights to make a back up copy of, or decompile such software in the circumstances provided by sections 50A and 50B of the UK Copyright, Designs and Patents Act 1988 (or similar rights under any applicable law which may not be excluded by contract).
• You may print off one copy, and may download extracts, of any page(s) from the App for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. Our status (and that of any identified contributors) as the authors of content on the App must always be acknowledged.
• The trade marks 'Excalibur', 'Excalibur App' and any other trade mark used in the App are our trade marks or those of our licensors and you may not use or display these trade marks without our permission.
• With respect to content you submit or make available through the App that is not personal data (“User Content”), you grant us a worldwide, non-exclusive, perpetual, non-terminable, irrevocable, sub-licensable, royalty-free licence to use, reproduce, modify and publish all User Content for the purposes of providing and enhancing the App as well as complying with requests for such relevant User Content from public bodies in the United Kingdom, such as Public Health England.
9. YOUR OBLIGATIONS
• To use the App, you must be located in the United Kingdom. When you access your account, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form or otherwise requested during the term of this Agreement, and to maintain and promptly update that information.
• You agree not to use the App to (i) upload, transmit or otherwise make available any content that is unlawful or objectionable, (ii) upload, transmit or otherwise make available any content that you do not have a right to make available, that contains software viruses or any other destructive or disruptive computer code, files or programs, (iii) interfere with or disrupt the App or servers or networks connected to the App, (iv) impersonate any person or entity including, but not limited to, an Excalibur employee or falsely state or otherwise misrepresent your affiliation with a person or entity, and/or (v) violate any applicable law.
• You are solely responsible for maintaining the confidentiality of your information (including log in details and password) and for restricting access to your devices. You accept responsibility for all activities that occur under your account or from your devices. We shall use reasonable and industry-standard security measures to protect against unauthorised access to your account. You agree to immediately notify us of any unauthorised use or your account or password, or any other breach of security, and acknowledge that we may not be able to mitigate such unauthorised access or other breach of security until you do so.
• We make no representation or warranty other than as expressly set out in this Agreement. To the extent permitted by law, we disclaim and exclude all conditions or warranties that may otherwise be implied by law into this Agreement including, for example, warranties as to title or non-infringement, all services are provided on an 'as is' basis and we do not warrant that the App shall be available at all times, or is free of errors.
• You expressly agree that Excalibur is not a provider of health care services and is not providing, and does not intend to provide, medical advice through the App. The App (including any content supplied within the App) is not intended to be used in place of (i) the advice of your physician or other medical professionals, or (ii) a visit, call or consultation with your physician or other medical professionals. Should you have any health-related issues or questions during your use of the App, please call or see your physician or other healthcare provider promptly. The App does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and Excalibur.
• Where you consent to or otherwise allow third parties to access your information stored in the App, you acknowledge and agree that you do so at your own risk and Excalibur are not responsible for those third parties.
• Where the App provides content from, or links to, external third-party sites, Excalibur shall have no responsibility for those external sites, including as to their accuracy and nature. You should consult the terms and conditions of those external sites.
11. LIMITATION OF LIABILITY
• Nothing in this Agreement shall limit or exclude any liability that, under applicable law, cannot be limited or excluded, including liability for death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation.
• If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or that is otherwise indirect or consequential. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
• You agree not to use the App for any purposes beyond the intended purpose that applies to you, as set out at clause 3. We have no liability to you for any loss of profit, loss of goodwill, loss of business opportunity or revenue, loss of anticipated savings, or loss or corruption of data.
• To the maximum extent permitted by applicable law, our aggregate liability under this Agreement is limited to £100.
• For the avoidance of doubt, nothing in this clause shall affect your consumer rights as provided to you by applicable law.
12. TERMINATION AND SUSPENSION
• You may terminate this Agreement at any time by contacting us or uninstalling the App or closing your user account. If you terminate this Agreement, you will no longer be able to use the App.
• We may terminate or suspend (at our option) this Agreement and/or your access to the App immediately where we have reasonable grounds to do so, including, for example: (i) your breach of this Agreement, (ii) requests by law enforcement or other government agencies or regulatory bodies, (iii) our discontinuance of or material modification to the App, (iv) unexpected technical or security issues or problems, or (v) your extended periods of inactivity.
• Termination of this Agreement may result in (i) removal of your access to all functions within the App, (ii) deletion of your information, files and content associated with or inside your account, and (iii) prevention of your further use of the App. You agree that Excalibur may take any or all of these actions in Excalibur’s sole discretion and that to the extent permitted by applicable law we shall not be liable to you or any third party for any suspension, change or termination of your account or access to the App for any reason.
13. GOVERNING LAW AND DISPUTES
This Agreement is governed by, and construed in accordance with, the laws of England (or the laws of Scotland or Northern Ireland if you are a consumer and live there) and you can only bring legal proceedings in respect of the Agreement in the English courts (or courts of Scotland or Northern Ireland if you are a consumer and live there).
14. NO RIGHTS FOR THIRD PARTIES
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
15. IF A COURTFINDS PART OF THIS AGREEMENT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
16. IF A COURT FINDS PART OF THIS AGREEMENT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay intaking steps against you in respect of your breaking this Agreement, that willnot mean that you do not have to do those things and it will not prevent ustaking steps against you at a later date.
• This Agreement is the entire agreement between you and Excalibur relating to the App and its use.
• You must not use, export or re-export the App contrary to the export laws of the UK, USA or any other jurisdiction including without limitation the Export Administration Regulations of the USA and the Export Control Act 2002 of the UK.
• We may transfer any of our rights or obligations under this Agreement, in whole or in part without notice to you or your consent.
• We shall not be responsible for any delay or failure in the performance of our obligations under this Agreement to the extent caused by occurrences beyond our reasonable control, such as acts of God, epidemic, pandemic, any action or order of a governmental authority, strikes, war, sabotage, disruption in communications facilities, non-performance of any supplier or sub-contractor (including any hosting provider) or commercial impracticability.
• You agree to comply with any applicable third-party terms when using the App.
18. Apple App Store and GooglePlay Store 's terms also apply
If you have aninquiry regarding the App, please contact us as follows:
EXCALIBURHEALTHCARE SERVICES LIMITED (Company number 12414592)
2ndFloor 60 St James’s, London SW1A 1LE
This version was last updated on 6th April 2021.