Optimise Health Ltd (“we”, “us”, “our”) is a company registered in England and Wales with company number 11404473 and having its registered office at Halifax House, 30-34 George Street, Hull, Humberside, United Kingdom, HU1 3AJ.
Please take time to read and digest how these Terms of Use apply to you as an ‘Optimise BP User’, an individual who is a registered user of Optimise BP or has downloaded the application (the “application”). A ‘Clinician User’ is defined as a registered user from a clinical health care practice or organisation who is using the Optimise BP software and/or application to assist in managing blood pressure of one or more of their patients. A ‘Patient User’ is defined as a person who has registered to use the Optimise BP software and/or application to receive recommendations from their clinician through the software to assist in the management of their blood pressure.
It is a condition of your use of the Optimise BP software that you read the disclaimer of liability below and accept the terms thereof. As the disclaimer affects your legal rights you should not accept these Terms of Use unless you fully understand the terms of the disclaimer.
By using the Optimise BP service you agree to these terms of use (the “Terms“) and a legal agreement is created between you and Optimise BP in relation to your use of the service. These Terms shall govern any Account that you create with Optimise BP and your use of the services that are made available through the Optimise BP solution. Use of the Optimise BP service when accessed through our mobile application shall also be subject to any applicable rules and policies of the relevant application store (e.g. Google Play or Apple App Store) that you download the Mobile App from, as amended from time to time.
The recommendations offered by Optimise BP for managing hypertension and blood pressure are chosen and agreed by the Optimise BP Clinician Users and follow national guidance. The Optimise BP system takes no decisions of its own and the output from the Optimise BP service does not constitute medical advice, diagnosis or treatment. Optimise BP Patient Users should always talk to a recognised and qualified medical professional if they have any queries about a medical condition. In case you as an Optimise BP Patient User think you are suffering from a medical emergency, you should seek immediate medical advice.
Optimise BP excludes all liability to the End User (and any and all third parties) who may view and use information using the Optimise BP software in respect of all damage howsoever caused (except for death and physical injury directly arising from correct use of the software) by (i) software loaded by Optimise BP thereon, (ii) viewing any information which may be accessed and viewed using the Optimise BP software and (iii) any other cause whether direct or indirect.
Optimise BP accepts no liability for information (whether accurate or not) on health advice, therapy, diagnosis and or treatment, in patient information leaflets and/or records and/or information which may be viewed on external websites and any other source, which may be accessed by and displayed on the Optimise BP software.
The Services that we make available provide the ability to manage blood pressure which is based upon a pre-agreed protocol accepted by Clinician Users which is then placed in the app and/or our website. The Services provide healthcare information and do not constitute medical advice, diagnosis and/or treatment. The Service provides information based on a protocol that has been agreed and set in advance by a Clinician User. The information provided by our services are not a substitute for a doctor or other healthcare professional. We make no warranties in relation to the output of our services.
From time to time we may make changes to the Services that are made available to you. This may be in the form of improvements and enhancements to the existing Services and the addition of new functionality. We may also remove certain Services at our sole discretion. Certain updates to the service may be mandatory and failure by you to install them may result in the Service no longer being available to you.
We may want to conduct research on the usage of the app or other aspects of hypertension as described above.
Any data that we collect about you (including Health Data) through your use of the Service is subject to the Optimise BP privacy policy which, by agreeing to these Terms, you acknowledge that you have read and understood. Our privacy policy can be found on our website and also will be shown during sign up to the services via our mobile application and/or website.
In order to use the Service, we require you to create an Account by providing us with your name, email address and a strong password. Users are responsible for all of the activity that occurs in association with their Account. A user must ensure all the information entered is correct, and free from errors. Patient Users need to ensure the application is up to date with their correct blood pressure medications and that their clinician is aware of the correct dosage and type of medication they are taking. Optimise Health Ltd is not liable for any loss or damage that is caused due to failure to maintain the confidentiality of Account credentials.
In order for the Optimise BP service to function correctly, we require users to keep all non customisable notifications turned on at all times. Bypassing or turning off notifications means that Optimise BP cannot guarantee safe functioning of the software and Optimise BP is not liable for any loss or damage that is caused due to failure to keep notifications switched on.
Mobile App
The Mobile App is currently only available to users who have an Android or iOS device which is internet enabled. The supported operating systems are as follows:
Users will also need a minimum of 15MB of spare storage space on their chosen device. We may decide at our sole discretion at any time in the future to discontinue supporting any of these operating systems.
Even if a device adheres to the above technical requirements, we do not guarantee that the Mobile App will work on all devices. These technical requirements may be updated from time to time as a result of updates that we make to the Mobile App.
Web App
The Optimise BP Web App has been tested with the most recent version of the following browsers:
Your experience using Optimise BP will be improved by using the most recent browser available on your platform - with improvements in page layout and design, speed of access and accessibility options.
A GP Practice may not have signed up to all Optimise BP services and is able to activate and deactivate certain elements or all of the Optimise BP service. This may apply to some or all patients. This may impact on the ability to use the service and if this happens users should take this up directly with their Practice. Optimise BP has no control over how Practices decide to interact with the Optimise BP services.In the event that Optimise BP becomes unavailable, Patient Users should always have other means of connecting with your GP Practice.
If you are experiencing any issues with the Mobile App, then you can contact us through our support website https://optbp.freshdesk.com which is linked to from the “help” option within the Mobile & Web Apps.
Any Clinician User whose Practice has signed up for the Optimise BP Service, and any Patient User who is a resident of the United Kingdom and is 20 years of age or older, who has been referred by their clinician, and creates an Account. However, we may terminate the use of the Service at any time as explained below under the “Termination” heading.
Optimise BP services are accessed remotely using the internet and devices that are able to access the internet. We are not responsible for the functioning of the internet and the devices themselves. You need to ensure that you have correctly functioning devices and adequate internet connections.
If our services stop working correctly for any reason, Patient Users should ensure they seek prompt medical advice to ensure they are familiar with their ongoing management plan for their blood pressure.
When using the Services, you shall:
In consideration of you agreeing to abide by these Terms and upon you creating an Account with us we grant you a non-exclusive, non-transferable licence to use the Service in the United Kingdom for your personal use only.
You agree to that you will not:
You acknowledge that all intellectual property rights in the Service anywhere in the world belong to us or our licensors. The rights in the Service are licensed and not sold to you and you have no rights in or to the Service, other than the right to use it in accordance with these Terms.
The Services that we provide are not intended to be a substitute for seeking professional medical advice from a health care professional.
The Service is provided on an “as is” basis. We make no warranty regarding the quality, accuracy, completeness or reliability of the Service or that it will be available to you on an uninterrupted or error-free basis. All Terms and warranties that may be implied into these Terms shall be excluded to the fullest extent permitted by applicable law.
We may suspend or terminate these Terms at any time, with or without cause. The suspension or termination will take effect upon us sending written notice to you.
You may also choose to terminate these Terms at any time by informing us of such intention in writing.
In the event of these Terms being terminated for whatever reason:
Following deletion, we will be unable to return your Health Data to you, however for reasons of NHS data audit we will retain the details of the transactions you completed through your GP services for no shorter than 70 years.
We do not limit our liability under these Terms for:
Subject to the previous paragraph, we shall not be liable for any amount, except to the extent that it reflects actual damage suffered and that damage is of a pecuniary nature.
We may update these Terms from time to time (the “Updated Terms“). If we do so, then the Updated Terms will be brought to your attention and if you continue to use the Service following such notification then the Updated Terms will be deemed to take immediate effect.
Optimise Health Ltd’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Optimise BP’s right to comply with law enforcement requests or requirements relating to your use of the Optimise BP Software or information provided to or gathered by Optimise Health Ltd with respect to such use.
We may transfer our rights and obligations under these Terms to another organisation at any time. We may also sub-contract any of our obligations to any third party without your consent. You may only transfer your rights or obligations under these Terms to another person if we expressly agree to this in writing.
These Terms constitute the entire agreement between us and you and supersedes and extinguishes all previous agreements, promises, assurances, warranties and understandings between them, whether written or oral, relating to its subject matter. You agree that entering into these Terms you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
These Terms, their subject and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including, without limitation, non-contractual disputes or claims).
You may contact us at any time if you have any questions about these Terms via our Support Desk email, support@optbp.com.
Date of last update: 19th October 2019