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 personal 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 consent to our processing of your personal data for the relevant purposes specified in our Privacy Policy. You are not obliged to provide this consent but you will be unable to use our Online Platform or App or access our Documentation or Services unless you do so.
You have the right to withdraw consent at any time by contacting us.
- Evitas, My Health Chart Ltd and This Agreement
My Health Chart Ltd trading as Evitas of The Sati Room, 12 John Princes Street, London, United Kingdom, 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 App and the content we provide to you through it as permitted in these terms.
- Privacy
We only use any personal data we collect through your use of our Online Platform, App, or Services in the ways set out in our Privacy Policy.
- 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.
- 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 customerservice@allmyhealthdev.mystagingwebsite.com.
- 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 customerservice@allmyhealthdev.mystagingwebsite.com.
- Communication with you
- If we have to contact you, we will do so by email using the contact details you have provided to us.
- 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 for your personal purposes only.
- 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.
- 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 or App.If you do not accept the notified changes, we may not permit you to continue to use our Online Platform, App or Services
- 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 the Services.
The Online Platform and App will always work with the system requirements and match the description of it provided to you when you agreed to these terms.
- Device Usage
If you access our Online Platform or App 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.
- 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.
- 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.
- 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.
- Acceptable Use Restrictions
You must:
- Not use our Online Platform, App 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 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 or Services.
- Not use our Online Platform, App 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, Services or our systems or attempt to decipher any transmissions to or from the servers running our Online Platform, App or Services.
- 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.
- Loss or Damage Suffered by You
We are not responsible for your healthcare. We supply our Online Platform, App, Documentation and Services only. Your healthcare is the responsibility of you and your healthcare professionals and providers(s).
- Information You and Other Users Create, Access or Share
We are not responsible for the information you and other uses 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.
- Foreseeable Loss and Damage Caused by Us
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
- Liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
- Damage to Your Property
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- Business Losses
We are not liable for business losses. Our Online Platform and App are for domestic and private use. If you use them for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Suitability
Check that our Online Platform, App and the Services are suitable for you. They have not been developed to meet your individual requirements. Please check that their facilities and functions meet your requirements.
- Events Outside Our Controls
We are not responsible for events outside our control. If our provision of Services or support for our Online Platform, App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
- Termination of Rights to Use our Online Platform, App and Services
We may end your rights to use our Online Platform, App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use our Online Platform, App and Services:
- You must stop all activities authorised by these terms, including your use of our Online Platform, App and Services.
- We may cease providing you with access to our Online Platform, App and Services.
- Transfer of this Agreement
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.
You need our consent to transfer your rights to someone elseYou may only transfer your rights or your obligations under these terms to another person if we agree in writing.
- Third Party Rights
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.
- Legal
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.
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.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.
- 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.