App Legal

Terms and Conditions

The Customer’s attention is particularly drawn to the provisions of Clause 7 (Limitation of liability).
 

1.  INTERPRETATION  
 

The following definitions and rules of interpretation apply in this agreement.

 
1.1  DEFINITIONS:  

 

Business Day:  a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

 

Commencement Date:  has the meaning given in Clause 2.2.

 

Conditions:  these terms and conditions as amended from time to time.

 

Contract:  the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.

 

Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical measures:  as defined in the Data Protection Legislation.

 

Customer:  the person or firm who purchases the Services from the Supplier. You or your.

 

Deliverables:  the C4C Skin app produced by the Supplier for the Customer.

 

Force Majeure Event:  has the meaning given to it in clause 9.

 

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off , rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

 

Order:  the Customer’s order for the supply of Services, as set out in the Customer’s purchase order form.

 

Services:  the services, including the Deliverables, supplied by the Supplier to the Customer as set out in the Service Specification.

 

Service Specification:  the description or specification for the Services provided [in writing] by the Supplier to the Customer.

 

Supplier:  Check4Cancer Ltd registered in England and Wales with company number 08866941  .

 

1.2  Interpretation:
 

(a)  A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

 

(b)  A reference to a party includes its successors and permitted assigns.
 

(c)  A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
 

(d)  Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
 

(e)  A reference to writing or written in an email.
 

2.  BASIS OF CONTRACT  

 

2.1  The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

 

2.2  The Order shall only be deemed to be accepted when the Supplier issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).

 

2.3  Any samples, drawings, descriptive matter or advertising issued by the Supplier and any illustrations or descriptions of the Services contained in the Supplier’s website are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

 

2.4  These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
 
   

3.  SUPPLY OF SERVICES  

 

3.1  The Supplier shall supply the Services to the Customer in accordance with the Service Specification in all material respects.

 

3.2  The Supplier shall use all reasonable endeavours to meet any performance dates for the Services but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.

 

3.3  The Supplier reserves the right to amend the Service Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.

 

3.4  The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.

 

3.5 The service is delivered through a digital online app. This app is to provide customer (you) with information and (at your option) access to a remote teledermatology service if you meet the clinical and eligibility criteria.  The use of this app is one method of having skin lesions assessed, a face to face nurse led appointment is also available and will be offered in some cases if the app is not suitable for your requirements.  These services may be a SkinCheck (if you do not have a lesion of concern but would like your skin assessed) or a SkinDiagnosis appointment (if you do have a lesion of concern but do not meet the clinical criteria). This service is for individuals aged 18 years and above and for those not currently being treated for skin cancer.

 

3.6 Use of an electronic pathway is not always appropriate for all skin concerns.  This app will advise you around your eligibility to use this service and provide you with alternatives is this app is not suitable for your use.  This service relies on reportable images being submitted.  Our app has been designed to provide you with guidance on how to take the best possible image to ensure it is reportable (e.g. we are able to provide you with an outcome.  If however, images are not of an appropriate quality (e.g. they cannot be reported on) we may advise you to attend a nurse led face to face appointment or go to your GP.  You will be contacted by our customer services team if you images are not reportable and offered alternative options.  Please note that C4C can not deliver the service if your images are unreportable and therefore can not offer any outcome or advice regarding your skin lesion (s).  We will retain your clinical records to defend any legal claims in line with GDPR.

 

3.7 Once you have taken your images and provided all necessary clinical details you will need to continue to checkout to make payment.  Your data will be held for 10 working days to allow for payment to be made.  Please note that if no payment is received by C4C within this timeframe, we will be unable to provide you with the service and your images will not be reviewed or reported on.  Therefore you will not receive any outcome or advice regarding your skin lesion(s).  Your images and clinical information will be deleted after 10 working days but we will keep a record of your name and service type for our records.

4.  CUSTOMER’S OBLIGATIONS  

 

4.1  The Customer shall:

 

(a)  ensure that the terms of the Order and any information it provides in the Service Specification are complete and accurate.

 

(b)  co-operate with the Supplier in all matters relating to the Services.

 

(c)  provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services and ensure that such information is complete and accurate in all material respects.

  
(d)  comply with any additional obligations as set out in the Service Specification.

 

(e)  only use the app to access the services in accordance with the instructions provided on the app for the use of the services.

 

4.2  If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

 

(a)  without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations.

 

(b)  the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this Clause 4.2; and

 

(c)  the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

 

5.  CHARGES AND PAYMENT  

 

5.1  The price for Services shall be the price set out in the Order or, if no price is quoted, the price set out in the Supplier’s published price list as at the date of the Order.

 

5.2 The Customer shall pay each invoice submitted by the Supplier:

 

(a)  at the time of using the app and continuing to checkout

 

5.3 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services or Goods at the same time as payment is due for the supply of the Services or Goods.

 

5.4 If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier’s remedies under Clause 8 (Termination), the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this Clause 5.4 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

 

5.5 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

 

6.  INTELLECTUAL PROPERTY RIGHTS  

 

6.1  All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by the Supplier.

 

7.  LIMITATION OF LIABILITY: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.  

 

7.1  Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

 

(a)  death or personal injury caused by negligence.

 

(b)  fraud or fraudulent misrepresentation; and

 

(c)  breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
 

7.2  Subject to Clause 7.1, the Supplier’s total liability to the Customer shall not exceed any charges actually paid directly by you for this service.  The Supplier’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, arising under or in connection with the Contract.

 

7.3 This Clause 7 shall survive termination of the Contract.

 

8.  TERMINATION  

 

8.1  Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.

9.  FORCE MAJEURE  

 

Neither party shall be in breach of the Contract nor liable for delay in performing or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control (a Force Majeure Event).

 

10.  GENERAL  

 

10.1  The Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.

 

10.2  Notices.

 

(a)  Any notice or other communication given to a party under or in connection with this agreement shall be in writing and shall be:

 

(i)  sent by email to the address specified in the create account process

 

(b)  Any notice or communication shall be deemed to have been received:

 

(ii)  if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. Business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

 

(c)  This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

 

10.3  Severance. If any provision or part-provision of the Contract is or 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 provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

 

10.4  Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
 
 
10.6  Entire agreement.

 

(a)  The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

 

(b)  Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misrepresentation based on any statement in the Contract.

 

10.7  Third parties rights.

 

(a)  Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

 

10.8  Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).

 

10.9  Governing law. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

 

10.10  Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.