HCP consent and terms.

Consent and agreement to Evitas terms of use (HCP)

My Health Chart Ltd trading as Evitas (we) are committed to protecting your personal data and respecting your privacy.

Under data protection laws, we are required to provide you with certain information about who we are, how we process your data and for what purposes, and your rights in relation to your personal data. This information is provided in our Privacy Policy, and it is important that you read this before registering to use Evitas.

Before using Evitas, you will need to agree to the Terms and Conditions and acknowledge our processing of your personal data for the relevant purposes specified in our Privacy Policy. You are not obliged to do so but you will be unable to use our Online Platform or App or access our Documentation or Services unless you do so.

  1. Evitas, My Health Chart Ltd and This agreement

My Health Chart Ltd trading as Evitas of Sati Room, 12 John Princes Street, London, United Kingdome, W1G 0JR (we) license you to use:

  • The ‘Evitas’ Online Platform and/or App, the data supplied with it, and any updates or supplements to it
  • The related online and electronic Documentation
  • The Services you connect to via the Online Platform and/or App and the content we provide to you through it as permitted in these terms.
  1. Privacy

We only use any personal data we collect through your use of our Online Platform, App or Services in the ways sent out in our Privacy Policy.

  1. System requirements

    Our application supports the latest versions of Google Chrome, Mozilla, Firefox, Apple Safari, Microsoft Edge, as well as iOS and Android mobile browsers.Our application is compatible with Windows 10 or newer and Apple OS 11 or newer. A broadband internet connection that provides at least 2 Mbps upstream bandwidth for uploading large files is required
  • Support and problems
    If you want to learn more about our Online Platform, App or the Services or have any problems using them, please take a look at our support resources at www.evitas.co.uk. 
    • Contacting us (including with complaints)
      If you think our Online Platform, App or Services are faulty or misdescribed or wish to contact us for any other reason please email our Customer Service Team at help@evitas.co.uk.
    • Communication with you
      If we have to contact you, we will do so by email using the contact details you have provided to us.
  1. Using Evitas

In return for your agreeing to comply with these Terms you may:

  • Access, view, use and display our Online Platform, App and Services on any devices in accordance with these Terms.
  • Use any Documentation to support your permitted use of our Online Platform, App and Services.
  • Receive and use any free supplementary software code or update of our Online Platform and App incorporating “patches” and corrections of errors as we may provide to you.

You must be 18 to accept these terms and access the Online Platform, App or Services.

  1. Your Responsibilities as a Healthcare Professional

You are accessing our Online Platform, App and Services as a healthcare professional. By doing so you warrant that:

  • You are a healthcare professional and will only use our Online Platform, App and Services for the purposes of viewing your patient’s dashboard and communication with your patients for whom you retain professional responsibility, who are also using our Online Platform, App and Services. In doing so you will use all due care and skill and comply with all applicable legal regulatory and professional requirements and standards applying to your use of our Online Platform, App and Services (including but not limited to, the processing of patients’ personal data). You have completed appropriate data protection and confidentiality training and will keep this training up-to-date.
  • You are responsible for your patients’ healthcare. You acknowledge we supply our Online Platform, App and Services only and are not responsible for your patients’ healthcare.
  • To the extent that you upload, amend, download, use or otherwise process the personal data of a third party, including patients, you are acting as a data controller and we are acting as a data processor on your behalf. In such circumstances the data processing terms below apply.
  • Where accessing our Online Platform, App and Services as part of your role for or on behalf of a healthcare organisation that employs or engages you, you are authorised by your healthcare organisation to use our Online Platform, App and Services on their behalf, have obtained all necessary permissions and authorisations to do so and will do so in full compliance with all applicable policies, procedures and processes of your healthcare organisation. You will also only access the Online Platform, App and Services using such devices and, in such manner, as approved by your healthcare organisation.
  • Where our Online Platform, App and Services is commissioned by your healthcare organisation, we will have a separate agreement in place with your healthcare organisation. References to ‘you’ in these terms should be interpreted accordingly. In the event of any conflict between these terms and the agreement with your healthcare organisation, the agreement with your healthcare organisation shall take precedence.
  1. Changes to these Terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next use our Online Platform, App or Services.

If you do not accept the notified changes, we may not permit you to continue to use our Online Platform, App or Services.

  1. Updates to the Online Platform and App and Changes to the Services

From time to time, we may automatically update our Online Platform or App or change the Services to improve performance, enhance functionality, or address security issues.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using our Online Platform, App and Services.

  1. Device Usage

If you access our Online Platform, App or Services via any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the device.

  1. Technical Data Collection

By using our Online Platform, App or Services, you agree to us collecting and using technical information about the devices you use our Online Platform or App on and related software, hardware and peripherals to improve our products and to provide Services to you. Further information is available in our Privacy Policy and Cookies Policy.

  1. Links to Other Websites

We are not responsible for other websites you visit. Our Online Platform, App or Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

  1. Licence Restrictions

You agree that you will:

  • Not rent, lease, sub-license, loan, provide, or otherwise make available, our Online Platform, App, Documentation or Services in any form, in whole or in part to any person without prior written consent from us.
  • Not copy our Online Platform, App, Documentation or Services, except as part of their normal use or where it is necessary for the purpose of back-up or operational security.
  • Not translate, merge, adapt, vary, alter or modify, the whole or any part of our Online Platform, App, Documentation or Services nor permit them (or any part of them) to be combined with, or become incorporated in, any other programs, except as necessary to use them on devices as permitted in these terms.
  • Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of our Online Platform, App or Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Online Platform or App to obtain the information necessary to create an independent program that can be operated with our Online Platform or App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
    • Is not disclosed or communicated without the licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; 
    • Is not used to create any software that is substantially similar in its expression to our Online Platform, App or Services;
    • Is kept secure; 
    • Is used only for the Permitted Objective; and
    • Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by our Online Platform, App or Services.
  1. Acceptable Use Restrictions

You must:

  • Not use our Online Platform, App, Documentation or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into our Online Platform, App, Services or any operating system.
  • Not infringe our intellectual property rights or those of any third party in relation to your use of our Online Platform, App, Documentation or Services, including by the submission of any material (to the extent that such use is not licensed by these terms).
  • Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of our Online Platform, App, Documentation or Services.
  • Not use our Online Platform, App, Documentation or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

Not collect or harvest any information or data from our Online Platform, App, Documentation or Services or our systems or attempt to decipher any transmissions to or from the servers running our Online Platform, App or Services.

  1. Intellectual Property Rights

All intellectual property rights in our Online Platform, App, Documentation and Services throughout the world belong to us (or our licensors) and the rights in our Online Platform, App, Documentation and Services are licensed (not sold) to you. You have no intellectual property rights in, or to, our Online Platform, App, Documentation or Services other than the right to use them in accordance with these terms.

  1. Information You and Other Users Create, Access or Share

We are not responsible for the information you and other users create, access or share. Our Online Platform, App and Services are a platform to store and share information. Users are responsible for creating, accessing, controlling and sharing such information. We make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

  1. Data Processing Terms

Where (and only to the extent) we process personal data as a data processor, on behalf of you as a data controller, the following data processing terms apply:

  • We will only process the personal data on documented instructions from you (documented instructions including your activities through the use of our Online Platform, App and Services), including with regard to transfer of personal data outside of the UK or to an international organisation, unless required to do so by law to which we are subject. In such a case we will inform you of that legal requirement before processing, unless that law prohibits us from doing so. We will immediately inform you if, in our opinion, an instruction infringes the data protection law or other relevant law that applies to us.
  • Our staff and others we authorise to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
  • We have taken takes all measures required pursuant to Article 32 of the UK GDPR (security of processing).
  • You permit us to engage other processors as part of providing our Online Platform, App and Services to you. The other processors we use are set out in the Privacy Policy. We will inform you of any intended changes concerning the addition or replacement of other processors, thereby giving you the opportunity to object to such changes. Where we engage another processor, we will impose substantially similar terms to these data processing terms on the other processor.
  • Insofar as is possible and proportionate to the processing we undertake, we will assist you in the fulfilment of your obligation to respond to requests by data subjects exercising their rights under data protection legislation.
  • Insofar as is proportionate to the processing we undertake, and the information available to us, we will assist you in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the UK GDPR (security of processing, data protection impact assessment and prior consultation).
  • At your choice, we will delete or return all the personal data to you after the end of the provision of services relating to processing, and delete existing copies unless the law requires or permits storage by us of the personal data.
  • We will make available to you all information necessary to demonstrate compliance with the obligations laid in Article 28 of the UK GDPR and allow for and contribute to audits, including inspections, conducted by the you or another auditor mandated by you.
  • The subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller are set out within these terms and the Privacy Policy.
  1. Our Responsibility for Loss or Damage Suffered by You

We do not exclude or limit in any way its liability to you where it would be unlawful to do so.

Our Online Platform, App, Documentation and Services are provided ‘as is’. We do not guarantee that our Online Platform, App, Documentation and Services will always be available or that your use will be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Online Platform, App, Documentation and Services for business and operational reasons.

We make no representations, warranties or guarantees, whether express or implied that data accessed through our Online Platform, App or Documentation is accurate, complete or up to date. Where data is uploaded by other users it is not verified or approved by us. 

We exclude all implied conditions, warranties, representations or other terms that may apply to our Online Platform, App, Documentation and Services and any content.

We will not be liable to you 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 use of, or inability to use our Online Platform, App, Documentation or Services or use of or reliance on any content of the same.In particular, we will not be liable to you for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

  1. We may end your rights to use the App and the Services if you break these terms

We may end your rights to use our Online Platform, App, Documentation and Services at any time by contacting you if you have broken these terms in a serious way. 

If we end your rights to use our Online Platform, App, Documentation and Services:

  • You must stop all activities authorised by these terms, including your use of our App, Online Platform, Documentation and any Services.
  • You must delete or remove the App and Documentation from all devices in your possession and immediately destroy all copies of the same which you have and confirm to us that you have done this.

We may cease providing you with access to the Online Platform, App, Documentation and Services.

  1. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

  1. You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

  1. 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.

  1. If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

  1. Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, 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 in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

  1. Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

  1. Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may ask us for information about options for alternative dispute resolution.

I agree to the Terms and Conditions.

I understand my personal data will be processed by Evitas in accordance with the Privacy Policy in order for me to access our Online Platform, App, Documentation and Services.