1.2. We are Novello Healthcare Ltd (Registered in England and Wales No. 10630030). Our registered office is at Prospect House Stafford Road, Dunston, Stafford, Staffordshire, England, ST18 9AB.
1.3. Please read these Terms carefully before you use the App. By using the App, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the App.
1.4. We may revise these Terms at any time. Following a change to the Terms, you will be asked to agree the revised Terms when next accessing the App. If you do not agree to the revised Terms, you shall no longer be able to use the App.
2. Other Relevant Documents
2.1. The following documents also apply to your use of the App:
2.1.1. Your Contract for Services, which covers your performance of any temporary assignment which is arranged through the App;
2.1.2. Our Privacy Notice, which sets out the terms on which we process any personal data that we collect from or about you;
3. User Account
3.1. When you create or receive a username and password for the App (User Account), you must treat such information as confidential and not disclose it to any third party.
3.2. If you know or suspect that anyone else knows your User Account details, you must notify us without delay by sending an email to email@example.com or telephoning us 0333 307 8897.
3.3. We reserve the right to temporarily disable or permanently delete your User Account if, in our opinion, you have failed to comply with any part of these Terms or if we discover that you are using the App in a manner inconsistent with the purpose for which you have been granted access.
4. Using the App
4.1. The App is provided free of charge. However, we shall not be liable for any costs incurred by you in downloading or accessing the App, such as mobile data costs. You are responsible for providing a device to access the App, which shall be at your own cost.
4.2. When your user account is created within the App, you are granted a worldwide, non-transferable, non-exclusive, personal licence to use the App on your device for non-commercial purposes in accordance with these Terms. We reserve the right to terminate your licence to use the App at any time and without liability.
4.3. You must use the App in a lawful manner and not do anything which may constitute a criminal offence or which is fraudulent, reckless or negligent.
4.4. We recommend that you regularly update your installation of the App so that you are using the most recent version at all times. In some cases, you may be unable to access the App until you have updated your installation.
4.5. You must not at any time:
4.5.1. Attempt to access any information within the App other than information which relates specifically to you and your performance of temporary assignments;
4.5.2. Attempt to access any information through the App relating to a third party;
4.5.3. Upload any false information about yourself or any third party (including any fictitious person);
4.5.4. Input or upload any information to the App which is illegal, vulgar, pornographic, malicious, hateful, libellous or otherwise offensive to a reasonable person;
4.5.5. Do anything to harm the functionality of the App or otherwise attempt to hack or reverse engineer any part of the App;
4.5.6. Knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
4.5.7. Attempt to gain unauthorised access to the server on which the App is stored or any server, computer or database connected to the App; or
4.5.8. Attack the App’s availability or functionality via a denial-of-service attack or a distributed denial-of service attack.
4.6. You acknowledge that, if you breach clause 4.5, you may commit a criminal offence under the Computer Misuse Act 1990 or other similar legislation elsewhere in the world. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
4.7. We reserve the right to remove your access to the App without notice and may, at our discretion, block your IP address or device so that you may not access the App.
4.8. We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of the App without notice. We will not be liable to you if for any reason the App is unavailable at any time or for any period.
4.9. We do not guarantee that the App will be free from bugs or viruses. You are responsible for configuring your device to access the App in a secure manner. We recommend that you use virus protection and anti-malware software.
5. Limitation of Liability
5.1. Subject to clause 5.2, our maximum liability for any claim or series of claims arising out of or in connection with your use of the App shall be limited to £100. For the avoidance of doubt, this limitation relates specifically to your use of the App and does not affect any limitation or exclusion of liability under the Contract for Services which governs your performance of a temporary assignment.
5.2. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
5.3. To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to the App or any content on it, whether express or implied.
5.4. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
5.4.1. Use of, or inability to use, the App; or
5.4.2. Use of or reliance on any content displayed on the App.
5.5. We assume no responsibility for the content of links to third party websites which may be available on the App. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
6. Your Termination Rights
6.1. If you no longer intend to use the App, you may delete it from your device. This does not terminate your User Account.
6.2. To terminate your User Account, you must select the relevant option in the account settings. Alternatively, you may email us at firstname.lastname@example.org and, after verifying your identity, we will delete your User Account manually. Following deletion of your User Account:
6.2.1. You will no longer have access to the App;
6.2.2. We will retain your personal data in accordance with our Privacy Notice; and
6.2.3. If you register to use the App again, you will be unable to access any details relating to your deleted User Account.
7. Applicable Law & Jurisdiction
7.1. These Terms shall be interpreted in accordance with English law.
7.2. You agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute which arises between us in relation to this App.
End of Terms
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