- OWise website (‘the Site’) [available at owise.us, www.owise.uk, www.owise.eu, www.owise.net, www.owise.co, www.owise.me, www.owise.nl, www.owi.se]; and
- OWise mobile application (‘the App’).
You should read these terms carefully. If you do not agree to these terms please do not use the Site or App. By using the Site or App, you confirm that you accept and will abide by:
- our Acceptable Use Policy: www.owise.us/acceptable-use-policy, and
- Information about us
The Site and the App are operated by Px HealthCare Inc.
Px HealthCare Inc is registered in the State of Delaware under number 7803176. Our registered office is at the Texas Health CoLab, Dell Medical School, 1601 Trinity Street, Building B, MS Z1400, Austin, TX 78712.
- Registration and your account
We require that people using the App or accessing some areas of the Site register with us and create an account. On registering you must select a username that cannot be used to identify you and will preserve your anonymity.
You are responsible for keeping your username, password and all the activities that occur on your account confidential. You agree that your account is personal to you and will not be used by anyone else.
You can terminate your account by sending an email to us at email@example.com request the deletion of your OWise account.
- Accessing the Site
You may access the Site, but we reserve the right to withdraw or amend the service that we provide on the Site without notice. We may also suspend access to the Site or close it indefinitely at any time.
We will not be liable if for any reason the Site is unavailable at any time or for any period. We do not warrant that the Site is virus free and we accept no responsibility for any infection by virus or other contamination.
We will restrict access to the Site or some parts of it to users who have registered with us.
You may use the Site for your personal use only and when using the Site you must comply with the provisions of our Acceptable Use Policy.
- License to use the App
We license use of the App to you on the following basis and subject to any rules or policies applied by any appstore provider or operator from whose site you downloaded the App. If any open-source software is included in the App, the terms of an open-source licence may override some of the terms of this license.
(a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or any part of the App or permit the App to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
- (i) is used only for the purpose of achieving inter-operability of the App with another software program;
- (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- (iii) is not used to create any software that is substantially similar to the App;
(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
- Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Site and the App, and in the content and material we publish on the Site or the App.
You may print off copies, and may download extracts, of any page(s) from the Site or App for your personal use and discussion with your medical advisors. You may not modify the paper or digital copies you have printed off or downloaded and our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content or materials on the Site or in the App for commercial purposes without our prior written approval.
Px HealthCare and OWise are registered and unregistered trademarks respectively that we own and use on the Site and in the App.
- User Content
You may only submit content to the Site or App that you have created or have been authorised by the owner of the content to submit. You or the owner of the content will retain the copyright in any content sent to us, but by submitting the content you grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use the content for the purposes of providing the Site and the App.
We will not allow other users of the Site or App to view or access your content.
We assume no responsibility for the deletion or failure to store user content.
You agree you will not post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site or App.
- Reliance on information on the Site or in the App
We try to make the information on the Site and App as helpful as possible. However, the information we publish is for general educational purposes only and the content and other materials posted on the Site and in the App are not intended to amount to advice on which you should rely. The Site and the App are not diagnostic tools and should not be used to replace the judgment of a physician. In case of any doubt, always consult your doctor.
The material displayed on the Site and in the App is provided without any guarantees, conditions or warranties as to its accuracy. The material on the Site or App may be out of date at any given time and we are under no obligation to update the Site or App or the contents.
To the extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on any content, commentary or other materials posted on the Site or in the App. We disclaim such liability in respect of any user of the Site or the App or anyone who may be informed of any of the contents.
Nothing in this agreement is intended to detract from your rights (if any) as a consumer.
- Our liability
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Site or App; or
- use of or reliance on any content or materials displayed on the Site or App.
You agree not to use the Site or App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or App or to your downloading of any content on it, or on any website linked to it.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or App or any content on it, whether express or implied. We do not exclude or limit our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
- Information about you and your visits to the Site and use of the App
Your use of the Site and App must be on a fully anonymous basis. It is a condition of your use of the Site and the App that you do not provide us with any information through the Site and App which might alone, or in combination with any other information you provide, be used to identify you.
- Linking to the Site
You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website from which you are linking must comply in all respects with the standards set out in our Acceptable Use Policy. You must not link to the Site in any what which would suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
- Links from the Site
Where the Site contains links to websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- No waiver
- Jurisdiction and applicable law
- Your concerns
If you wish to contact us for any reason, including concerns or complaints, please send an email to firstname.lastname@example.org. We usually respond within five working days.
Acceptable Use Policy
You must comply with this Acceptable Use Policy when accessing the Site and App.
You may use the Site and App for lawful purposes only.
You must not use the Site or App:
- If your use breaches any applicable law or regulation whether local, national or international.
- If your use is unlawful or fraudulent.
- If your use harms, or could harm, minors in any way.
- To send spam materials to other people.
- To post any contributions which contain material which is defamatory, obscene, offensive, hateful, inflammatory, deceptive, is likely to harass, upset, embarrass or impersonate any person or which is sexually explicit, promotes violence or any form of discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age, or which infringes any third party intellectual property rights or other rights.
- To knowingly introduce or transmit viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
- You must not gain, or attempt to gain, unauthorised access to the Site or App, the server on which the Site is stored or any server, computer or database connected to the Site.
- You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack or do anything that could disable or impair the Site.
If you breach any provisions of the Computer Misuse Act 1990 (or an equivalent act) you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity (if known) to them.
If you breach these terms contained in this Acceptable Use Policy, your right to use the Site or App will cease immediately.