INFOMED MOBILE – APP ASSIST AGREEMENT
Terms and Conditions
PLEASE NOTE: In downloading and using the Infomed Mobile APPs you agree and undertake to use the APPs solely in accordance with these terms and conditions.
1. Use of the APPs
1.1 These APPs are designed for use by healthcare professionals.
1.2 If you are not a healthcare professional please do not adjust, add or remove any medication from yours, or anybody else’s, medication therapy without first consulting a healthcare professional.
2.1 The Assist IE App is designed for use in the Republic of Ireland and the Assist UK App is designed for the United Kingdom. If you are outside of these jurisdictions please be aware that medicine names may be different.
2.2 Infomed Mobile does not make any representation that the contents and information contained in the APPs is appropriate or suitable for use in countries other than Ireland or the United Kingdom, or that they comply with any legal or regulatory requirements of any other countries.
3.1 Infomed Mobile will use its reasonable endeavours to supply the APP promptly and to update the APP on a calendar monthly basis.
4.1 The APPs are provided for information purposes only. While Infomed Mobile uses all reasonable endeavours to ensure the accuracy of the APPs, it takes no responsibility for the accuracy of the contents of, or information contained in, the APPs.
4.2 In using the APPs you agree that no liability shall attach to Infomed Mobile in respect of the accuracy of the contents and information contained in the APPs.
4.3 To the fullest extent permitted by law Infomed Mobile excludes all representations, implied and express warranties and undertakings in respect of the contents and information contained in the APPs, including, without limitation, its accuracy, completeness or merchantability, quality or fitness for any particular purpose.
5.1 Infomed Mobile does not warrant that the mode of delivery of the APPs (including updates) will be free from all known viruses but Infomed Mobile shall use all reasonable efforts to check for the most commonly known viruses prior to delivery of the APPs, and any updates to it, but you shall be solely responsible for virus scanning the APPs (and any updates) prior to the introduction of it to your systems.
6. Changes to the APPs
6.1 Infomed Mobile reserves the right to change the content, presentation, performance, user facilities and availability of any part of the contents and information contained in the APPs at its sole discretion.
7. Liability and Indemnity
7.1 To the fullest extent permitted by law, Infomed Mobile shall not be liable in contract or otherwise for any direct, indirect or consequential loss or damage sustained by you or third parties that make use of the contents and information contained in the APPs, store the APPs on their systems or integrate the APPs with any systems or software.
7.2 You agree to indemnify and hold harmless Infomed Mobile from and against any third party claims against Infomed Mobile arising from or relating to your or third party’s use of the contents and information contained in the APPs.
8.1 The app is updated on a calendar basis. The very nature of the app means that the information must be updated on a regular basis.
8.2 The user must perform an in-app purchase to gain access to the new database.
8.3 Supplementary updates (within the calendar month) will be issued free of charge.
8.4 Failure to purchase an update will result in the user being locked out of the app until a purchase is made.
9.1 This Agreement may be terminated by either party for any reason or none after giving the other party thirty days written notice.
9.2 In the event of termination of this Agreement (for whatever reason, including its expiry), you shall immediately cease all use of the APP and destroy all copies of the APP, including any back-up or archive copies.
10.1 You shall not assign any of the rights and obligations under this Agreement without the express written consent of Infomed Mobile.
11.1 If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
12.1 Failure by Infomed Mobile to enforce at any time any of the provisions contained in the Agreement shall not be construed, nor shall it be deemed, to be a waiver of Infomed Mobile rights under this Agreement or otherwise, nor shall it prejudice Infomed Mobile rights to take subsequent action.
13. Governing Law
13.1 This Agreement shall be governed by, and construed in accordance with, the laws of the Republic of Ireland and the Licensee agrees to submit to the exclusive jurisdiction of the Irish Courts.