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User agreement
Summary

These terms and conditions / user agreement govern your use of the nOink platform and App. You agree to our terms by registering, installing, accessing, or using our app, service, features, software, or website.

nOink Ltd operates a paid for subscription service. The reason we charge a subscription for our services and access to the nOink platform is because we are a commercial enterprise and we are not funded by any advertising revenue and we do not seek to profit from your data. By paying a subscription you are paying to keep your data secure and use it for a purpose that is important to you.

The following terms apply to your subscription:


Our vision is to give people the technology they need to develop a proactive and positive approach to their health inside a secure environment. We provide services as described below:

  • Personalised experience - Your interaction with nOink will be unlike anyone else’s. We provide people with a platform to manage the most complex of health conditions or just daily life activities. The content that is available to you will depend on how you use the platform. The condition menu packs you choose will dictate the information that you see from external sources. The availability of this content may be driven by the medical research and best practice information available to nOink at the time, or the number of enquiries we have had to feature a particular condition. We use the data from people’s interaction on our platform to personalise your experience
  • Connect you to your circle - We believe that our services are most useful when people are connected to those they care about, within a secure environment. The ability to communicate securely with family or those administering care for a loved one can be a challenge. By creating a nOink circle you can communicate with people inside your circle, sharing key information, updates, digitised notes, contacts, photos, videos, medical records and more in real-time and in multiple languages
  • Chat & Messaging - We provide ways for you to communicate with other people in your nOink circle through our chat system, our messaging system, sharing information, documents, images and video. We analyse how you make use of our platform features, including chat and messaging in order to improve all aspects of our services available
  • Alerts/Calendar/Reminders - nOink Alerts, Reminders and Calendar functions and features are there to help you manage your daily activities. These services and features are available to you on an as is basis. Please see our disclaimer
  • New technology - We will continue to explore new services for our users. For example, connectivity to many third party wearable devices. We will explore the use of and develop advanced technologies such as artificial intelligence, machine learning systems and augmented reality so that people can use our services safely regardless of physical ability or geographic location
  • Research ways to make our services better - We will engage in research and collaborate with others to improve our services. One way we will do this is by analysing the data we have and understanding how people use our platform and features
  • Connect you with organisations that can help you - As one of our goals is to help our users improve the quality of their lives, we will continually develop our trusted partner relationships to connect our users with organisations who can help with difficult or chronic conditions. With their knowledge and experience in managing these conditions we can bring better information to you to help manage your health. We do this, when you opt in or request such a connection. We believe that by building a statistical picture of your health over a period of time you will have better information to help manage your health or any condition
  • Enable global access to our services - To operate our global service, we need to store and distribute content and data in our data centres and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by nOink Limited or its affiliates

We collect and use your personal data in order to provide the services described above to you. We do not sell your data to third parties or track you. You can learn about how we collect and use your data in our Privacy Policy. We also encourage you to review the privacy choices that you have about the ways in which we use data in your settings.

We provide these services to you and others to help advance our vision. In exchange, we need you to make the following commitments; In using nOink you must:

  • Use the same name that you use in everyday life
  • Provide accurate information about yourself
  • Create only one account (your own) for you and your family with you as administrator
  • Not share your password, give access to your nOink account to others or transfer your account to anyone else (without our permission)

We will try to make nOink available to as many as possible, but you cannot use our platform nOink if:

  • You are under 16 years old
  • You are a convicted sex offender
  • Where we have previously disabled your account for breaches of our Terms or Policies
  • You are prohibited from receiving our services or software under applicable laws

We want people to use our platform to share information that others will need to help you manage health or a condition for either you or someone who you care for in your circle. However we do not want you to do this at the expense of the safety and wellbeing of others or you. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

  • You may not use our platform to do or share anything:
    • That breaches these Terms and other Policies that apply to your use of nOink
    • That is unlawful, misleading, discriminatory or fraudulent
    • That infringes or breaches someone else’s rights
  • You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our platform and services
  • You may not access or collect data from our platform using automated or any other means without full consent of nOink Ltd or the person or persons who are the subject of such data collection or attempt to access data that you do not have permission to access

We can remove content that you share in breach of these provisions and, if applicable, we may take action against your account, for the reasons described below. We may also disable your account if you repeatedly infringe other people’s rights. Where appropriate, we will take steps to notify you when we remove your content for breaching our conditions. We may not be able to provide notice in all cases, for example if we are prohibited from doing so by law or where it might harm the integrity of our Platform. We encourage you to report content or conduct that you believe breaches your rights or our Terms and Policies.

We need certain permissions from you to provide our services:

  • Permission to update software that you use or download - If you download or use our software, you give us permission to download and install upgrades, updates and additional features to improve, enhance and further develop the platform

If you use content or information covered by intellectual property (IP) rights that we have and make available on our platform by us or from external third parties (with their consent), we or the third party provider retain all rights to that content.

You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our brand usage guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source licence) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.

1. Updating our Terms - We work constantly to improve our services and develop new features to make our platform and services better for you, our users and our partners. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices.

Unless otherwise required by law, we will notify you (for example, by email or through our platform) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.

We hope that you will continue using our platform and services, but if you do not agree to our updated Terms and no longer want to be a nOink user, you can delete your account at any time.

2. Account suspension or termination - We want nOink to be a place where our users feel safe and secure. If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, we may suspend or permanently disable access to your account. We may also suspend or disable your account if required to do so by law.

Where appropriate, we will notify you about your account the next time you try to access it. You can learn more about what you can do if your account has been disabled and how to contact us if you think that we have disabled your account by mistake.

If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: (The permissions you give us; Account suspension or termination; Other terms and policies that may apply to you).

 

You use our services at your own risk and subject to the following disclaimers:


We are providing our services on an "as is" basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from any claim, complaint, cause of action, or controversy and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.

Your rights with respect to nOink are not modified by the foregoing disclaimer if the laws of your country of residence, applicable as a result of your use of our services, do not permit it. Provided that we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; any offensive, inappropriate, obscene, unlawful or otherwise objectionable content posted by others that you may encounter on our platform; and events beyond our reasonable control. The above does not exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence. It also does not exclude or limit our liability for any other things where the law does not permit us to do so.


We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply. If you are a consumer and habitually reside in a member state of the European Union, the laws of that member state will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms and you may resolve your claim in any competent court in that member state that has jurisdiction over the claim.

In all other cases, you agree that the claim must be resolved in a competent court in the United Kingdom and that UK law will govern these Terms and any claim, without regard to conflict of law provisions.

These Terms make up the entire user agreement between you and nOink Limited regarding your use of our Platform and Services. Some of the Services we offer are also governed by supplemental Terms. If you use any of these services, you will be provided with an opportunity to agree to supplemental Terms that will become part of our agreement with you. For instance, if you access or use our platform for commercial or business purposes, you must agree to our Commercial Terms.

To the extent that any supplemental Terms conflict with these Terms, the supplemental Terms shall govern to the extent of the conflict. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

You will not transfer any of your rights or obligations under these Terms to anyone else without our consent. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise. You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name that you use in everyday life).

We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential. We reserve all rights not expressly granted to you.

These Terms apply if you also access or use our Services or Platform for any commercial or business purpose or if you have signed up or registered to a subscription plan which has been paid for by a commercial partner (such as a charity or another company) these Terms of Service apply to you.

As part of your user agreement and terms of service this commercial partner may request pooled and anonymised data for medical research reasons or to enhance the lives of those managing or dealing with difficult, untreatable, lifestyle or other conditions, or to improve the quality of health of for those they are paying the subscription for. To make this data and information available will be a choice that you make and you will be asked to opt in and consent to your data being used in this way. This will not limit your rights under our Privacy Policy or under GDPR rules. You maintain your right to:

  • Access Your Personal Information
  • Correction of Your Personal Information
  • Stop or Limit Processing of Your Data


Last revision: March 2019

 
 
© NOINK LIMITED 2019