LifeCurve Pro™ - Terms of Use

Glossary

‘Company’, ‘Our’, ‘Us’ or ‘We’ refer to ADL Smartcare Limited, incorporated and registered in England with company number 4456225 whose registered office is at Electric Works, Sheffield Digital Campus, 3 Concourse Way, Sheffield S1 2BJ. ADL Smartcare is the Owner of the LifeCurve Pro™ Website and software, including the knowledge and code it contains.

‘Content’ means all material, data and/or information that is made available to You to view and/or download in or from the Website.

'Local Organisation' refers to Testershire.

‘Security Information’ means Your user name, email address, identification number, password, or other credential You use to access the Website.

‘Website’ means Our LifeCurve™ Pro website (https://adl.lifecurve.pro), including the Content and any subsequent updates or supplements to it.

'You' or 'Your' means the user of the LifeCurve™ UK Website.

• 2.1.
  We will collect and/or use Your personal information provided by the Employer in accordance with Our Privacy Notice. Please read Our Privacy Notice in conjunction with these Terms of Use.
• 2.2.
  By using the Website, You will have also acknowledged and consented to the contents of Our Privacy Notice.
• 2.3.
  By using the Website, You agree to Us collecting and using technical information about the devices on which You use the Website and related software, etc. to improve Our products and to provide services to You.
• 2.4.
  Please be aware that internet transmissions are never completely private or secure and that any message or information You send using the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
• 2.5.
  Certain services available on the Website may use location data sent from Your devices. You can turn this functionality off at any time by turning off the location services settings for the Website on the device. If You do not turn this off, by using these services You consent to use Our affiliates and licensees transmission, collection, retention, maintenance, processing and use of Your location data to provide and improve location based services and products.

3. Licence rights and restrictions

• 3.1.
  The Company grants to You a non-exclusive, non-transferable, non-assignable licence to use the Website and access its Content in a manner set out in this agreement only.
• 3.2.
  The Company remains the owner of the Website at all times.
• 3.3
  You may use the Website as required by Your Employer, to:
• • 3.3.1
    monitor the activity or usage on the Local Organisation’s LifeCurve™ Public website, and/or users who have connected to Your Local Organisation as a ‘partner’ on the LifeCurve™ App; And/or
  • 3.3.2
    undertake LifeCurve™ assessments and other goals with service users, either in person or over the phone. You may also retrieve previous assessments, view service user activity and manage orders relating to stores equipment.
• 3.4
  You must:
• • 3.4.1
    use the Website and ensure that anyone else who uses the Website on Your device complies with these Terms of Use;
  • 3.4.2
    promptly comply with Our reasonable instructions from time to time concerning the use of the Website or its Content;
  • 3.4.3
    be 18 years or older to accept these Terms of Use; And
  • 3.4.4
    immediately notify Us of any unauthorised use of any of Your Security Information, unauthorised use of Your account or any other breach of security as soon as You become aware of it.
• 3.5
  You must not:
• • 3.5.1
    use the Website for any other purpose than as is permitted under these Terms of Use;
  • 3.5.2
    use the Website outside working hours or location;
  • 3.5.3
    adapt, vary, alter, translate, merge, or modify the Website or any part of it or its Content or permit the Website or any part of it to be combined with or become incorporated in any other programs;
  • 3.5.4
    use the Website in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these Terms of Use or act fraudulently or maliciously (e.g. hacking into or inserting malicious code, such as viruses or harmful data into the Website);
  • 3.5.5
    transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the Website;
  • 3.5.6
    do anything which could damage, disable, overburden, impair or compromise Our systems or security or otherwise interfere with other users;
  • 3.5.7
    collect or harvest any information or data from Our systems or attempt to decipher any transmissions to or from the servers running the Website;
  • 3.5.8
    copy the Website, rent, sub-license, loan, provide or otherwise make available the Website in whole or in part to any person without Our prior written consent (and then only in such a way that the Intellectual Property Rights in the Content is acknowledged);
  • 3.5.9
    disassemble, decompile, reverse engineer or create derivative works based on the whole of or any part of the Website;
  • 3.5.10
    disclose Your Security Information to any person or organisation;
  • 3.5.11
    permit any other person or organisation to use Your personal LifeCurve™ account on the Website on Your device except when 3.3.2 applies; Or
  • 3.5.12
    access or attempt to access any other person’s or organisation’s account on the Website.

4. Availability and updates to the Website

• 4.1.
  We make no warranty or representations that Your use of the Website will be uninterrupted. All reasonable measures are taken by Us to ensure that this Website is operational all day, every day. We will not be liable if the Website is unavailable at any time.
• 4.2.
  From time to time We may update the Website to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Use of the Website may be temporarily suspended during the implementation of such changes. Where possible We always try to give advance warning of maintenance issues that may result in the unavailability of the Website but We shall not be obliged to provide such notice.
• 4.3.
  If the need arises, We may suspend access to the Website, or any part of it, or close it indefinitely and/or remove functionality from the Website and any Content available through it, at any time.
• 4.4.
  Whilst We make reasonable efforts to maintain the Content on the Website, We make no representation and cannot guarantee that such Content will be accurate, complete or up to date.

5. System requirements

• 5.1.
  An internet connection is required to use the Website.
• 5.2.
  You or whoever owns the device may by charged by service providers for internet access from the device which may be required to access and use the Website and the related services and such charges will be Your responsibility.
• 5.3.
  Use of the Website requires an updated version of one of the following internet browsers: Firefox, Safari, Chrome, Edge, Opera. The Website is not compatible with Microsoft Internet Explorer.
• 5.4.
  We make no warranties or representations that the Website will meet Your requirements or that it will be compatible with Your device.

6. Intentionally left blank

7. Virus protection and security

• 7.1.
  We give no warranty or representation that the Website is free from viruses, worms, trojans, logic bombs or other material which is malicious or technologically harmful. You should run an antivirus program on all material downloaded from the Website.
• 7.2.
  In connection with Your use of the Website, You will not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. By breaching this provision, You could commit a criminal offence under the Computer Misuse Act 1990. We may 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 Website will cease immediately.

8. Intellectual Property Rights

• 8.1.
  In this clause 8 "Intellectual Property Rights" means all copyright, know-how, trade secrets, design rights, database rights, related rights, trade marks, rights in computer software, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
• 8.2.
  All Intellectual Property Rights in the Website and its Content shall remain Our property. This agreement does not transfer any ownership or rights in Our Intellectual Property Rights to You.
• 8.3.
  All trademarks, logos, graphics, brand names and associated phrases used on the Website (except those provided to us by the Local Organisation for the purpose of customising the Website) are owned by Us and must not be used without Our prior express written consent.

9. Links Policy

• 9.1
  The Website or its Content may contain links to other independent websites which are not provided by us. We do not:

  1. control such websites;
  2. check or approve their content or privacy notices; Or
  3. accept responsibility for these websites.
• 9.2
  Any links to independent websites are provided in good faith, and do not represent or signify that We endorse that website.
• 9.3
  If You offer any independent website to an assessee, We require You to provide Us with feedback if the assessee does not:

  1. use the website offered; Or
  2. find it suitable for the assessee's needs.
• 9.4
  This clause 9 should be read in conjunction with Our Advertising Statement.

10. Limitations of liability

• 10.1.
  Nothing in these Terms of Use will exclude or limit Our liability for fraud, or statements made fraudulently; Or for death or personal injury caused by Our negligence, or for any other liability which cannot be excluded or limited under applicable law.
• 10.2.
  Use of the Website is at Your own risk and You are wholly responsible for deciding to use the Website or its Content and/or any decisions You make based on the Website or its Content. You are also responsible for making sure that the Website is suitable for You as it has not been specifically developed for You.
• 10.3.
  We do not accept responsibility for any loss and/or damage to Your device or any other hardware or software You use in connection with the Website, including in connection with any viruses that may affect the same on account of Your use of the Website.
• 10.4.
  The Website is for use by the Local Organisation only. You are prohibited from using the Website for any commercial, business or resale purpose. We shall have no liability if You breach this clause and reserve the right to take appropriate legal action against You and Your Employer.
• 10.5.
  We are not responsible for the act or omission of any third party or for events which are outside Our control.
• 10.6.
  To the fullest extent permitted by applicable law, the Website is provided to You ‘as is’, without support or maintenance.
• 10.7.
  To the fullest extent permitted by applicable law, We and Our licensors disclaim and exclude all warranties, representations, conditions and other terms of any kind, express or implied, and whether arising by statute, common law or otherwise.
• 10.8.
  Subject to clause 10.1 and to the extent permitted by law, We will not be liable to You whatsoever and/or howsoever in relation to Your use of the Website under or in connection with these Terms of Use, whether in contract, tort (including negligence) or otherwise.
• 10.9.
  Subject to clause 10.1 and to the extent permitted by law, We will not be liable for any loss that You may incur as a result of someone else using Your Security Information, either with or without Your knowledge. However, You could be held liable for losses incurred by Us or another party as a result of someone else using the Security Information.

11. Support for the Website

• 11.1
  If You want to learn more about the Website or have any problems using it please contact Your employer, or contact Us at support@adlsmartcare.com.
• 11.2
  If We contact You, We will do it by email using the contact details You have provided to Us.

12. Termination

• 12.1
  Without prejudice to Our other rights under these Terms of Use, We may end Your rights to use the Website at any time if You breach or We have reasonable grounds to suspect You have breached these Terms of Use. If We end Your rights You must:

  1. terminate all use of the Website immediately.

13. Severability

• 13.1
  If any clause under this agreement becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant clause shall be deemed deleted. Any modification to or deletion of a clause under this clause 13 shall not affect the validity and enforceability of the remaining clauses.

14. Waiver

• 14.1
  Any delay in enforcing this agreement does not waiver Our rights to enforce them or take action against You for any breach of this agreement.

15. Exclusion of third-party rights

• 15.1
  This agreement is for the benefit of You and Us and is not intended to benefit any third party or be enforceable by any third party.

16. Entire agreement

• 16.1.
  This agreement constitutes the whole agreement between You and Us relating to this subject matter and supersedes all prior agreements or promises between You and Us relating to its subject matter.

17. Law and jurisdiction

• 17.1.
  This agreement is governed by and construed in accordance with English law and the English courts have exclusive jurisdiction to settle any dispute or claim arising from this agreement.

ADL Smartcare Limited: Electric Works, Sheffield Digital Campus, 3 Concourse Way, Sheffield S1 2BJ

Registered in England: Company 4456225

Email: privacy@adlsmartcare.com