Policies | End User Licence Agreement (EULA)
1411111087.27.2.END USER LICENCE AGREEMENT “USER TERMS”
PLEASE READ THE USER TERMS CAREFULLY BEFORE USING THE PLATFORM
IF YOU DO NOT AGREE TO THE TERMS OF THE USER TERMS, YOU MUST NOT ACCESS THE PLATFORM OR USE THE SERVICES.
- DEFINITIONS
| Acceptable Use Policy | the acceptable use policy specific to the Platform available at [careresearch.co.uk/policies/acceptableuse] |
| Account | your user account which enables you to access the Platform via your log in credentials. |
| Administrator | a contractor, agent or employer who has purchased a subscription to use the Platform to which your Account is linked. |
| Content | any and all information and media uploaded to the Platform by you, including but not limit to images, videos, questions and bodies of text. |
| Cookie Policy | the Cookie Policy specific to the Platform available at [careresearch.co.uk/policies/cookie]. |
| Documentation | materials provided to you by us or via the Administrator which relate to the use of the Platform. |
| Intellectual Property Rights | patents, rights to inventions, copyright, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, 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. |
| Licence Restrictions | as set out in clause 7. |
| Platform | the software known as Care Surveys accessed via our Website or via the hyperlink: [caresurveys.co.uk] including the data supplied with the software, data input, and any updates or supplements to it. |
| Privacy Policy | our Privacy Policy as updated from time to time which can be found on our Website at: [careresearch.co.uk/policies/privacy]. |
| Surveys | any surveys created via the Platform. |
| User Terms | this end user licence agreement. |
| we, us, our | Care Research Limited incorporated and registered in England and Wales with company number 11191770 whose registered office is at 29 Wellington Rd, Deal, Kent, CT14 7AL. |
| Website | https://careresearch.co.uk/ |
2. HOW TO CONTACT US
2.1. If you wish to contact us in writing, or if any clause in the User Terms requires you to give us notice in writing, you can send this to us by e-mail at research@careresearch.co.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail.
2.2. If we have to contact you, we will do so by email or telephone, or via the Administrator.
3. THE LICENCE
3.1. We grant you a revocable, royalty-free, non-exclusive, non-transferrable, non-sublicensable, terminable licence to use the Platform and the Documentation in accordance with these terms for your use only to create and distribute surveys, on the following conditions:
3.1.1. you have an Administrator linked Account;
3.1.2. your Administrator complies with the terms agreed between us and the Administrator;
3.1.3. you comply with all applicable laws relating to technology and health and social care, respectively;
3.1.4. you comply with the User Terms.
3.2. If the Administrator defaults on our terms, we have the right to suspend and/or remove your access to the Platform and Documentation with immediate effect.
3.3. This licence grants you the right to use the Platform as directed by your Administrator for the duration of the Administrator’s subscription. Your use of the Platform is subject to the restrictions and terms of the User Terms, including but not limited to the Licence Restrictions.
4. DATA PROTECTION
4.1. You agree to us collecting and using technical information about the devices you access the Platform from and related software, hardware and peripherals to improve our service and Platform as more particularly detailed in our Cookie Policy.
4.2. Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data, for what purposes, your rights in relation to your personal data and how to exercise them. This information is provided in our Cookie Policy and Privacy Policy and it is important that you read that information.
4.3. You agree that you will comply with the UK GDPR and our Privacy Policy at all times when using the Platform, including when uploading Content and distributing Surveys.
4.4. Failure to comply with clause 4.3 may result in:
4.4.1. terminating your use of the Platform; and/or
4.4.2. blocking your access to the Platform; and/or
4.4.3. reporting your activity to the appropriate authority and/or the Administrator; and/or
4.4.4. bringing action against you in respect of your breach and pursue you for any damages arising from your action.
5. USE OF THE SOFTWARE
5.1. If you want to learn more about the Platform or have any problems using the same, please contact the Administrator.
5.2. The Platform has not been developed to meet individual requirements. Please check that the facilities and functions of the Platform meet your requirements.
5.3. The Platform may require specific programmes or integration with existing programmes in order for you to access all or part of the Platform.
5.4. In order to access and sign up to the Platform, you must use a web browser. We recommend using the latest version of Google Chrome, Microsoft Edge, Firefox, or Safari.
5.5. In order to access the Platform, you must have a compatible device and comply with these terms and conditions.
5.6. From time to time, we may update and change the Platform to improve performance, enhance functionality, reflect changes or address security issues.
5.7. If you download or stream the Platform onto 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 your own the device.
5.8. You must set up and maintain an acceptable username and password to access the Platform and update your password no less frequently than once every 6 months.
5.9. You must not share your username and/or password with anyone.
5.10. You are responsible for the veracity of information input by you.
6. LICENCE PERMISSIONS
6.1. In return for you agreeing to comply with these terms and the Licence Restrictions you may:
6.1.1. access the Platform on multiple devices via your Account for your own use in accordance with these terms and conditions; and
6.1.2. use the Platform in accordance with the Administrators’ instructions and the User Terms, but where the Administrators’ instructions conflict with the User Terms, these terms take precedence.
7. LICENCE RESTRICTIONS
7.1. You agree that you will comply with these terms and all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform.
7.2. You agree that you will not (except where explicitly permitted by the terms of this licence):
7.2.1. use the Platform within a software application, website or software which competes with our operations;
7.2.2. use the Platform to process or disclose personal data which has not been requested by us (“personal data” has the meaning given to it in the Data Protection Act 2018);
7.2.3. exceed the indicated storage capability of the Platform (as notified to you from time to time);
7.2.4. disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform;
7.2.5. provide access to or copies of the Platform in whole or in part to third parties either directly or by sharing or otherwise disclosing your username or password;
7.2.6. rent, lease, sub-license, loan, provide, or otherwise make available, the Platform in any form, in whole or in part to any person and in no circumstance in competition with our operations;
7.2.7. use screen-recording technology to record and/or capture your use of the Platform.
7.3. You understand and accept that the Platform must be used in accordance with our Acceptable Use Policy.
7.4. If in our sole opinion you are in breach of this clause 7 then we may, at our discretion, take any or all of the following actions:
7.4.1. terminate your use of the Platform; and/or
7.4.2. block your access to the Platform; and/or
7.4.3. report your activity to the appropriate authority and/or the Administrator; and/or
7.4.4. bring action against you in respect of your breach and pursue you for any damages arising from your action.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All Intellectual Property Rights in the Platform and Documentation throughout the world belong to us (or our licensors) and the rights in the same are licensed (not sold) to you. This includes any modifications, updates, later versions, or adaptations to the Platform and/or Documentation. You have no Intellectual Property Rights in, or to, the Platform or Documentation other than the rights granted by the User Terms.
8.2. You agree to notify us and the Administrator of any restrictions on usage and any other contractual restrictions arising in respect of any third-party Intellectual Property Rights and/or Content.
8.3. You hereby grant us a fully paid-up, royalty-free, perpetual, irrevocable, worldwide licence to use any Content and/or Surveys to the extent required by us to provide and improve our services.
8.4. You hereby grant us a fully paid-up, royalty-free, perpetual, irrevocable, worldwide licence to use and exploit the feedback you provide (literary or otherwise) for any purpose that we see fit, including but not limited to commercialising, providing, improving, training and developing our services and technologies.
8.5. You agree to indemnify us in full against all losses (whether direct or indirect) in connection with any claim made against us for actual or alleged infringement of a third party’s Intellectual Property Rights in connection with your use of the Platform and/or Documentation. This indemnity extends to any interest, penalties, and reasonable legal and other professional fees awarded against or incurred or paid by us.
8.6. You must not:
8.6.1. infringe our Intellectual Property Rights or those of any third party in relation to your use of the Platform or Documentation, including but not limited to by the submission of any material (to the extent that such use is not licensed by these terms); and
8.6.2. permit any third party to infringe the Intellectual Property Rights or those of any third party in relation to their use of the Platform or Documentation, including but not limited to by the submission of any material.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1. Nothing in these terms limits any liability which cannot legally be limited, including liability for death or personal injury caused by negligence or fraud or fraudulent misrepresentation.
9.2. Regardless of how you use our Platform and/or Documentation, we have no liability to you:
9.2.1. whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the User Terms for any indirect or consequential loss or damage;
9.2.2. for any loss or damage suffered, including failure where our performance is delayed due to technical issues with your equipment;
9.2.3. for non-compliance with the Care Quality Commission;
9.2.4. with any regulatory or financial obligations;
9.2.5. for the content of your Surveys and/or how or to whom they are distributed; or
9.2.6. for any business or commercial losses, you or another party may suffer from use of or access to the Platform including use as permitted or as restricted by the terms of this licence.
9.3. The Platform 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).
9.4. 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.
10. WE MAY END YOUR LICENCE IF YOU BREAK THESE TERMS
10.1. We may end your licence at any time by contacting you if you have broken these terms in a serious way, if the Administrator has breached our terms and/or if the Administrator’s subscription to the Platform ends. If what you have done can be put right, we will give you a reasonable opportunity to do so but we reserve the right to terminate your use/block your access to the Platform.
10.2. If we end your rights to use the Platform, you must:
10.2.1. stop all activities authorised by these terms, including any use of the Platform;
10.2.2. immediately delete or remove the Platform from all devices in your possession and confirm to us that you have done this.
11. CHANGES TO THESE TERMS
11.1. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
11.2. If you do not accept the changes you may not be permitted to continue to use the Platform.
12. TRANSFERING THE USER TERMS TO SOMEONE ELSE
12.1. 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.
12.2. You may not transfer your rights or your obligations under these terms.
13. NO RIGHTS FOR THIRD PARTIES
The User Terms does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the User Terms.
14. SEVERANCE
14.1. If a court finds part of this contract illegal, the rest will continue in force.
14.2. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
15. NO WAIVER
15.1. Even if we delay in enforcing the User Terms, we can still enforce them at a later date.
15.2. 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.
16. GOVERNING LAW AND JURISDICTION
The validity, construction and performance of the User Terms shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales to which the Parties submit.