Wayfinder Terms and Conditions and End User Licence Agreement (EULA)
Wayfinder Terms and Conditions
Please read these licence terms carefully
By selecting the “I agree” button you agree to these terms of use which will bind you.
If you do not agree to these terms of use, you will not be permitted to use Wayfinder.
1. Introduction – who we are and what this agreement does
We, The Phoenix Partnership (Leeds) Ltd (“TPP”), provide the healthcare organisation you are registered with the product called Wayfinder. To provide you with some background, Wayfinder supports the way that your healthcare provider provides care for you. By allowing you to seek help from your healthcare provider on a mobile device or PC, Wayfinder increases efficiency and makes it easier to manage appointments and visits. The information you enter in Wayfinder flows into and becomes part of your electronic medical record maintained by your healthcare provider.
Acceptance of these Terms and Conditions, including EULA, mean we license you to use:
A. Wayfinder, the data supplied with the software, and any updates or supplements to it
B. The related online/electronic documentation
C. The service you connect to via Wayfinder and the content we provide to you through it as permitted below.
The way we work is straightforward; we’re here to provide you with suitable tools to help you receive the best healthcare services, and we will always strive to provide the best possible experience. We hold ourselves to the highest legal and ethical standards.
2. Your privacy
We understand how important privacy is to you. Please take time to read the Privacy Policy as it is important you know how data is being used.
We do our best to keep Wayfinder safe and secure but we cannot guarantee it, please be aware that your use of Wayfinder is at yours and our Customer’s own risk.
3. How you may use Wayfinder
In return for you agreeing to comply with these terms you may:
- Use Wayfinder to communicate with your healthcare provider.
- Use any Documentation to support your permitted use of Wayfinder.
4. Capacity to accept these terms of use
You must be 16 years or over unless your healthcare provider has agreed that you can use Wayfinder at a younger age.
By using Wayfinder you warrant that you have full capacity and authority to agree to these terms and to perform the obligations.
5. Costs
Wayfinder is purchased for the benefit of you via our customer agreement with your healthcare provider. Your access and licence to use Wayfinder has been granted subject to an existing and valid customer agreement. Please also be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
6. You may not use Wayfinder to impersonate someone else
You undertake to use Wayfinder for your personal use only, or when acting for another person you make this clear to the healthcare provider.
7. Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features or changes to features which we introduce.
If you do not accept the notified changes, you will not be permitted to continue to use Wayfinder.
Your continued use of Wayfinder, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
8. Update to Wayfinder and changes to the service
We may automatically update Wayfinder from time to time and change the service to improve performance, enhance functionality, introduce additional functionality, reflect changes to the operating system or address security issues.
9. If someone else owns the phone or device you are using
If you use Wayfinder on any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms of Use, the End User Licence Agreement (EULA) and policies or guidelines whether or not you use your own phone or other device. You should be aware that information that you enter may be recorded onto the device you are using and it is your responsibility to take steps to erase any such data.
10. We may collect technical data about your device
By using Wayfinder, you agree to us collecting the data and using technical information about the devices you use Wayfinder on and related software, hardware and peripherals to improve our products and to provide any Service to you.
11. Licence restrictions
You agree that you will:
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Wayfinder nor attempt to do any such things,
- not copy Wayfinder to create any software that is substantially similar in its expression to Wayfinder;
12. Acceptable use restrictions
You must:
- not use Wayfinder in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Wayfinder;
- not infringe our intellectual property rights or those of any third party in relation to your use of Wayfinder;
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Wayfinder;
- not use Wayfinder in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
13. Intellectual property rights
Within Wayfinder and associated Documentation containing proprietary and confidential information we own copyright and other intellectual property rights (IPR), including all right, title and interest in and to Wayfinder and associated documentation and content, excluding content provided by you, that may be presented or accessed through Wayfinder including without limitation all Intellectual Property Rights therein and thereto.
You are not permitted to copy, distribute or make any business use of Wayfinder or Documentation, or any Intellectual Property Rights therein.
For your information, “Intellectual Property Rights” means all intellectual and industrial property rights of any kind whatsoever, including any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
14. Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any loss or damages suffered by data subjects for breaches of applicable data protection legislation.
We respect your rights to have your personal data stored securely. However, we are not liable for loss or unauthorised access to your data where you have not followed our guidance or terms or where the data has been accessed, manipulated or damaged via your device.
15. Other limitations to Wayfinder
You acknowledge that Wayfinder has not been developed to meet your individual requirements, including any particular requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of Wayfinder meet your requirements.
We only supply Wayfinder and Documentation for internal use by your healthcare organisation, and you agree not to use the aforementioned for any re-sale purposes.
Although we make reasonable efforts to update the information provided by Wayfinder and Documentation, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We are not responsible for events outside our control and we are not liable for delays. If our provision of Wayfinder or support for Wayfinder is delayed by an event outside our control then we will take steps to minimise the effect of the delay.
Except as expressly stated in these Terms of Use, all warranties and conditions concerning Wayfinder and documentation (including any failure to supply or delay in supplying these) whether express or implied by statute, common law or otherwise (including but not limited to the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose, the use of reasonable care and skill or non-infringement of third party intellectual property rights) are hereby excluded to the fullest extent permitted by law.
16. We may end your rights to use Wayfinder and the services if you break these terms
We may end or suspend your rights to use Wayfinder and documentation at any time by contacting you if you have broken these Terms of Use. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end or suspend your rights to use Wayfinder:
- You must stop all activities authorised by these Terms of Use, including your use of Wayfinder and documentation;
17. We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms of Use to another organisation. We will inform you if this happens and we will ensure that the transfer will not affect your rights under these Terms of Use.
18. No rights for third parties
These Terms of Use do not give rise to any third party rights to enforce any term herein.
19. If a court finds part of these terms of use illegal, the rest will continue in force
Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Furthermore, to the fullest extent permissible, we will replace any illegal, invalid or unenforceable provision of these Terms of Use with a valid provision that corresponds as much as possible to the spirit and purpose of the illegal, invalid or unenforceable provision.
20. Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing these Terms of Use, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking these Terms of Use, it 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.
21. Which laws apply to these terms of use and where you may bring legal proceedings
These Terms of Use are governed by the laws of the United Kingdom and you can bring legal proceedings in respect of the products in the courts of England and Wales.
Patient End User Licence Agreement
This End User Licence Agreement (the “EULA”) is entered into between “You” (being an individual, usually a patient of the healthcare provider, or other entity) and The Phoenix Partnership (Leeds) Ltd (the “Licensor”).
Notice: By using Wayfinder (the “Software”), you accept and undertake to be bound by all the terms and conditions of this EULA. The Licensor may change the terms and conditions of this EULA from time to time and without notice and it is your responsibility to check for the latest version.
1. Licence
1.1 Upon acceptance of this EULA, the Licensor grants to you a limited, non-exclusive, revocable, non-transferable and non-sublicensable licence (the “Licence”) to use the Software in accordance with the terms of this EULA.
1.2 The License given pursuant to this EULA is without prejudice to any additional user policies, rules or instructions which may be supplied with or in relation to the Software or published by the Licensor from time to time. You hereby agree to comply with all such policies, rules or instructions and failure to do so shall be deemed to be a material breach of this EULA.
1.3 The Licensor reserves the right to amend the terms of the License given to you pursuant to this EULA. The new terms shall supersede the terms of the original License and shall thereafter be deemed to be binding and enforceable.
2. Terms of use
2.1 Use of the Software shall be restricted to use in object code form for the purpose of delivering and/or receiving health and/or care related services (as applicable).
2.2 You may not use the Software other than as specified in the Terms and Conditions of Use and this EULA without prior written consent of the Licensor.
2.3 You shall take such action as is reasonable to prevent use of the Software other than by authorised users, and shall notify the Licensor immediately of any unauthorised use which comes to its attention.
2.4 You shall use the Software only in accordance with any operating requirements or Terms of Use as provided by the Licensor from time to time.
2.5 You shall not use the Software in an unlawful manner or any manner that could damage, disable, overburden, or impair the Software (or servers or networks connected to the Software), nor use the Software in any manner that could interfere with any other party’s use of the Software (or servers or networks connected to the Software). You may not use the Software to transmit any material that is defamatory, offensive or otherwise objectionable.
2.6 By using the Software, you consent to having their personal data collected and processed by the Licensor in the United Kingdom. If functionality within the Software requires data to be processed outside of the United Kingdom, you shall be notified and will have to consent to this processing prior to accessing this functionality.
2.7 Except as expressly stated in this EULA, you have no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Software in whole or in part and in particular shall not delete or amend or conceal any product identification, proprietary, intellectual property notices including copyright notices or other marks on or within the Software.
2.8 You shall not separate the component parts of the Software for use on more than one computer or device, or for any other purpose as the Software is licensed.
2.9 You shall not:
2.9.1 sub-license, assign or novate the benefit or burden of this licence in whole or in part;
2.9.2 allow the Software to become the subject of any charge, lien or encumbrance;
2.9.3 deal in any other manner with any or all of its rights and obligations under this EULA;
without the prior written consent of the Licensor, such consent not to be unreasonably withheld or delayed.
2.10 You shall keep the Software confidential and not disclose the same to any third party, nor permit any third party to use the same, nor use it for the purposes of any third party.
2.11 You shall not use any information provided by the Licensor to create any software whose expression is substantially similar to that of the Software nor use such information in any manner which would be restricted by any copyright subsisting in it.
2.12 You shall immediately give notice to the Licensor in the event that it becomes aware of any infringement or suspected infringement of the Licensor’s Intellectual Property Rights and for any breach or suspected breach of this EULA.
2.13 You indemnify the Licensor and its officers, employees and agents against any claim, damages, expenses, liabilities and loss of any kind from any third party howsoever arising from your use of the Software.
2.14 You hereby agree not to use the Software in an emergency situation;
2.15 You hereby agree to acknowledge that your healthcare provider can only read and respond to requests during the time they choose;
2.16 You hereby agree to contact your healthcare provider by phone if you haven’t received a response in the timeframes specified by your healthcare provider;
2.17 You hereby agree to contact your healthcare provider by phone if your condition is changing;
2.18 You hereby agree to use a secure and updated web browser when accessing this Software;
2.19 You hereby agree to maintain the security of your own systems (including, using up to date firewalls and other anti-virus protections).
3. Intellectual property ownership
3.1 You acknowledge that the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and the Licensor owns all right, title and interest in and to the Software and content, excluding personal data entered by you, that may be presented or accessed through the Software, including without limitation all Intellectual Property Rights therein and thereto.
3.2 “Intellectual Property Rights” means all intellectual and industrial property rights of any kind whatsoever including any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
4. Termination
4.1 The Licensor shall have the right to terminate this EULA forthwith by updating this notice in the event that you challenge or do anything incompatible with the Licensor’s Intellectual Property Rights in the Software.
4.2 Any termination of this EULA shall also terminate the License granted hereunder.
4.3 Termination of this EULA, for any reason, shall, subject to the other provisions of this clause 4, be without prejudice to the rights and liabilities of either party which may have accrued on or at any time up to the date of termination.
5. Warranties
5.1 The Licensor warrants that it is the lawful owner of the legal title to the Software and/or that it has the lawful right to transfer or grant licence to the Software.
5.2 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
5.3 You warrant to use the Software responsibly and comply with the Terms of Use in clause 2 of this EULA.
6. Disclaimer
6.1 Except as expressly set forth above, the Licensor provides the Software “as is” and expressly disclaims all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. The Licensor does not warrant that the Software will operate uninterrupted or error-free or that errors will be corrected. In addition, the Licensor does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.