Terms and Conditions – Allergy Assist
TERMS AND CONDITIONS – ALLERGY ASSIST
Last updated: 24-.9.2025
- INFORMATION ABOUT US
- These terms and conditions (the “Terms”) govern your use of our Allergy Assist smartphone app for iOS and Android devices (the “App”), as well as the Services and Products (as defined below) that are made available to you via the App.
- We are Food Allergy Immunotherapy Limited, a company registered in England and Wales with company number 13187046 and our registered office at 10 London Mews, Paddington, London W2 1HY (“we” or “us”).
- We operate a virtual consultation service for patients of the Allergy Centre of Excellence via a digital platform that enables you to access: (i) specialist guidance and support related to the management of allergic conditions provided by our clinical nurse specialists including advice on food allergies, environmental allergies, insect stings, medication reactions, asthma, eczema, allergic rhinitis, immunotherapy treatment and other allergy-related issues; and (ii) the provision and dispensing of prescriptions and the supply of Products by our pharmacy (together the “Services”).
- We are regulated by the Care Quality Commission (“CQC”). Details of our CQC registration can be accessed here: https://www.cqc.org.uk/location/1-19060816743/registration-info
- Our pharmacy, operating at 10 Duchess Street, London W1G 9AB under the trading name Allergy Centre of Excellence, is regulated by the General Pharmaceutical Council (“GPhC”) with registration number 9012874. Details of our GPhC registration can be accessed here: https://www.pharmacyregulation.org/registers/pharmacy/9012874
- DEFINITIONS AND INTERPRETATION
- “Products” means the medicinal products which may be prescribed for you by our clinical nurse specialists via the App and subsequently dispensed to you by our pharmacy.
- “you” and “your” means you and any other person accessing your patient account on the App (the “Patient Account”). Please note that if you are a parent of more than one patient, you will need to set up a separate Patient Account for each patient/child.
- The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”; the word “or” is not exclusive; and the words “herein”, “hereof”, “hereby” and “hereunder” refer to these Terms as a whole.
- ACCESS TO THE APP
- Please read these Terms carefully and make sure that you understand them. If you or the patient wish to access the Products and Services or engage with us via the App, you will be asked to agree to these Terms. If you do not accept these Terms, you and the patient will not be allowed to access the Services or engage with us via the App.
- By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions that are contained within these Terms and our Privacy Policy.
- The Products and Services that are accessible via the App are intended to be accessed by existing patients of the Allergy Centre of Excellence and/or of Professors Fox, Lack and Du Toit, who are aged 0-18 years (each a “Patient”).
- In order for Patients to access the Products and Services, you represent and warrant that you are at least 18 years old and that you have the legal authority and capacity to enter into a binding agreement which creates legal obligations on behalf of the Patient.
- Each Patient, being under 18 years old, will need a parent, appropriate adult or legal guardian to register with the App on their behalf, so Patients should not attempt to register with the App themselves or provide any personal information about themselves to us.
- Registration with the App will be at our sole discretion and we reserve the right to refuse registration and to deny your access to and use of the App for any reason.
- You should visit these Terms and the Privacy Policy each time you visit the App to review the current version of these Terms to which you must abide.
- We do not guarantee that the App, or any information on it, will always be available or be uninterrupted. Access to the App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the App without notice. We will not be liable to you or the Patient if for any reason the App is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to the App.
- You are also responsible for ensuring that all persons who access the App on your behalf, including the Patient, are aware of these Terms and other applicable terms and conditions, and that they comply with them.
- We are serious about reading and considering all feedback we receive. If you have any questions, concerns, or comments regarding these Terms, please contact us at ace@oit.clinic.
- PRODUCTS and SERVICES
- Products and Services provided
- We offer an online communication platform for you and the Patient to engage with us via the App through the use of synchronous and asynchronous telecommunications technology and other communication tools. The App facilitates communication between you and/or the Patient and us to enable us to provide the Services and for you and the Patient to access prescriptions for and the supply of the Products.
- You acknowledge that your reliance on any advice or information which is provided by us via the App is solely at your own risk and, to the fullest extent allowable by law, you assume responsibility for all associated risks.
- Not for Emergencies and other limitations of the Services
- The Services that are accessible via the App are not suitable for emergency medical treatment. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CALL 999 IMMEDIATELY.
- The Services that are accessible via the App are not intended to diagnose, treat or prescribe for general childhood illnesses or non-allergic conditions. Where support is required for non-allergic conditions, you should contact the Patient’s GP or other appropriately qualified healthcare professional.
- You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the App.
- You should seek emergency help or follow up care when recommended by us or when otherwise needed.
- You should continue to consult with your GP and other appropriately qualified healthcare professionals, as recommended by them or us.
- Always seek our advice or the advice of your GP or other appropriately qualified healthcare professional concerning questions you have regarding a medical condition and before stopping, starting or modifying any medical treatment.
- Risks of Telehealth Services
- By using the Services, you acknowledge the potential risks associated with telehealth services, which include but are not limited to the following:
- information which is transmitted may not be sufficient (e.g. poor resolution of images) to allow us to make appropriate medical or healthcare decisions;
- delays in evaluation or treatment could occur due to failures of electronic equipment;
- a lack of access to the Patient’s medical records (for instance if, when requested, you deny us consent to access the Patient’s medical records) may result in adverse drug interactions or allergic reactions or other judgment errors; and
- although the electronic systems that we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of the Patient’s health information.
- Prescription Policy
- If a Product is prescribed for you by one of our clinical nurse specialists who is employed by us, he/she will limit its supply based upon relevant law and guidance and will only prescribe a Product as determined in his/her own clinical discretion and professional judgement.
- All prescriptions for Products will be issued by our clinical nurse specialists.
- We give no guarantee that any Product that you would like us to prescribe via the App will be issued to you.
- We reserve the right to deny you access to the Services and the Products if we or any of our clinical nurse specialists considers in his or her sole clinical discretion, as the case may be, that there is actual or potential misuse or inappropriate or excessive use of the Services or any Product.
- You acknowledge and agree that any prescriptions that you acquire from us which have been issued via the App will be solely for the Patient’s personal use.
- You agree to fully and carefully read all provided Product information and labels and to contact us or your GP if you or the Patient has any questions regarding the prescription.
- By using the Services, you acknowledge the potential risks associated with telehealth services, which include but are not limited to the following:
- Products and Services provided
- AVAILABILITY OF SERVICES
- The App and the Services are only available for Patients who are domiciled in the UK.
- The Services are not available to Patients who are located outside of the UK. Accessing the App or Services from jurisdictions where the App content is illegal, or where we do not offer the Services, is prohibited.
- PRIVACY
You agree that all personal information which is provided by you in connection with the Services and the App shall be governed by our Privacy Policy, which is hereby incorporated and made a part of these Terms by reference.
- ORDERING AND PURCHASING OF SERVICES
- Subscription Terms
Subscriptions
- You will be required to purchase a subscription in order to access the Services. Your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you pause your subscription before the end of the then-current subscription period by clicking pause in your patient profile.
- The price for your subscription is as stated in the App at the time at which you signed up for such subscription. The subscription price may change from time to time and, in such circumstances, we will use reasonable endeavours to communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing prior to the price change taking effect.
- Typographical Errors
In the event any information (including any pricing of any subscription or Service) on the App is incorrect due to typographical error or error in pricing information received from a third party, we have the right to refuse or cancel any requests for Services that you have made at that incorrect price. We shall have the right to refuse or cancel any such requests whether or not your request has been confirmed and your Patient Account has been charged. If your Patient Account has already been charged for the purchase and your request is cancelled, we will promptly issue a credit to your Patient Account for the amount of the charge.
- Online Payments
- We accept payments by Unipaas only. If you enrol to make recurring payments automatically, all charges and fees will be billed to the Patient Account that you designate during the registration process on the App.
- You represent and warrant that, if you are making online payments:
- any payment account information that you supply is true, correct, and complete;
- charges incurred by you will be honoured by Unipaas;
- you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes; and
- you are the person in whose name the payment method was issued and you are authorised to make a purchase or other transaction with the relevant payment method.
- Consent for recurring charges
- You agree and authorise the Unipaas payment method to be billed automatically for the Services, according to the published pricing on the App, which is subject to change at any time. If we are unable to secure funds from your payment method for any reason, including, but not limited to, insufficient funds in the payment account or insufficient or inaccurate information having been provided by you when submitting electronic payment, we may undertake further collection action, including application of fees to the extent permitted by law.
- You have the right to revoke this authorisation by logging into your Patient Account and pausing your subscription up to 24 hours prior to your next scheduled renewal.
- Right of withdrawal / cancellation
As a consumer entering into a distance or off-premises contract with a trader, you have certain statutory rights of cancellation pursuant to Regulation 29 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCR”). This right is, however, subject to certain exceptions, including pursuant to Regulations 27(2)(a) and (b) of the CCRs: (a) contracts for supply of a medicinal product by administration by a prescriber, or under a prescription or directions given by a prescriber; and (b) contracts for supply of a product by a healthcare professional or a person included in a relevant list, under arrangements for the supply of services as part of the health service, where the product is one that, at least in some circumstances, is available under such arrangements free or on prescription, to which this statutory right of cancellation does not apply.
- Liability for the unavailability, dispensing or dispatch of the Products
All prescriptions for Products that are prescribed by us via the App will be made accessible to our pharmacy which will then dispense and may dispatch them to you via a third party carrier which it engages to provide delivery services (e.g. Royal Mail next day delivery).
- ELIGIBILITY, APP ACCESS, SECURITY AND RESTRICTIONS
- You agree to fully, accurately, and truthfully create your Patient Account, including but not limited to: your name; mailing address; phone number; email address; and password, which become your Patient Account ID and credentials. The Patient Account ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Patient Account ID or credentials, and for all activities that occur under such Patient Account ID or credentials. You agree to prohibit anyone else from using your Patient Account ID or credentials and agree to immediately notify us of any actual or suspected unauthorised use of your Patient Account ID or credentials or other security concerns of which you become aware. As part of the registration process, we undertake electronic identity checks using the personal information that you provide to us via the App.
- You are prohibited from violating or attempting to violate the security of the App, including, without limitation:
- accessing data which is not intended for you or logging on to a server or an account which you are not authorised to access;
- attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or
- accessing or using the App or any portion thereof without authorisation, in violation of these Terms or applicable law.
- You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the App, deep-link to any feature or content on the App, bypass our robot exclusion headers, or other measures that we may use to prevent or restrict access to the App.
- Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the App or any activity being conducted on the App.
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, and to revoke your access to the App and your Patient Account if in our reasonable opinion you have failed to comply with any of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly please contact us at allergyassist.ace@oit.clinic.
- ELECTRONIC COMMUNICATIONS
- When you or the Patient uses the App or send messages and other communications from your mobile device to us, you are communicating with us electronically.
- You consent to receive communications from us electronically.
- You agree that:
- all agreements and consents can be signed electronically; and
- all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
- We may contact you by telephone, mail or email to verify your account information. We may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your account. If you do not provide this information in the manner requested within 14 (fourteen) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the App until you provide the information to us as requested.
- CONSENT TO RECEIVE CALLS, TEXT MESSAGES AND VIDEO RECORDING
By providing your mobile number, you agree to be contacted by or on behalf of us at the mobile number you have provided, including calls and text messages, to receive certain information and communications relating to the Products, the Services or the App. We may confirm your opt-out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your stop message by texting you a request to identify those Services that you wish to stop. Please note that, by withdrawing your consent, some features of the App and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us, you may not receive important and helpful information and reminders about your Services or Products.
- OWNERSHIP OF THE APP AND RELATED MATERIALS, ADDITIONAL RESTRICTIONS
- All pages within the App and any material that is made available for download are the property of us, or our licensors or suppliers, as applicable. The App is protected by applicable national and international copyright and trade mark laws.
- Subject to these Terms and the payment of all applicable fees, we grant you a revocable, non-transferable (except as provided below), personal, non-exclusive licence to use the App.
- All rights that are not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers.
- Neither the App, nor any part of the App, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent (or that of our licensors). You may not frame or utilise framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of ours without our express written consent. You may not use any meta tags or any other “hidden text” utilising our name or trade marks without our express written consent.
- You may not misuse the App. You may use the App only as permitted by law. The content of the App, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials that are accessed through or made available for use or download through the App (“Content”), may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorised or approved in writing by us (or our licensors). You may not frame or utilise framing techniques to enclose, or deep linking to, any name, trade marks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of us without our express written consent, or the consent of our licensors.
- ACCURACY OF INFORMATION AND FUNCTIONALITY
- We may update the App from time to time, and may change or update the Content at any time. However, please note that any Content may be out of date at any given time, and we are under no obligation to update it.
- Although we attempt to ensure the integrity and accurateness of the App and Service descriptions, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the App, Service descriptions and other content on the App. It is possible that the App could include typographical errors, inaccuracies or other errors, and that unauthorised additions, deletions, and alterations could be made to the App by third parties. In the event that an inaccuracy arises, please Contact Us so that it can be corrected.
- We reserve complete and sole discretion with respect to the operation of the App and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the App or the Services among other things.
- We are not responsible for transmission errors, corruption or compromise of information carried over local or interchange telecommunications carriers.
- We are not responsible for maintaining information arising from use of the App or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the App or the Services in accordance with our internal record retention or destruction policies.
- LINKS TO OTHER SITES
Links to third party website on the App are provided solely for your convenience. If you use these links, you leave the App. We have not reviewed these third party websites and do not control and are not responsible for these websites, their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites or use any third party service that are linked to the App, you do so entirely at your own risk and we shall have no liability in respect of any good or services that you access via such third party websites.
- USER INFORMATION
- If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or the App (the “User Information”), you agree not to provide any User Information that:
- is false, misleading, inaccurate, defamatory, abusive, libellous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behaviour;
- violates or infringes the privacy, copyright, trade mark, trade dress, trade secrets, or intellectual property rights of any person or entity; or
- contains or transmits a virus or any other harmful component.
- You agree not to contact other users of the App through unsolicited messages, telephone calls, mailings, or any other method of communication.
- You represent and warrant to us that you have the legal right and authorisation to provide all User Information to us for use, as set forth herein and required by us.
- You agree that information provided by you in connection with the Services and the App shall be governed by our Privacy Policy.
- You agree not to:
- access the App or use the Services in any unlawful way or for any unlawful purpose;
- post or transmit: (i) a message under a false name; or (ii) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is: (i) libellous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person; or (ii) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the App or the Services, personal information, software, equipment, servers, or information or facilitate or promote hacking or similar conduct;
- impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity;
- tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the App or the Services;
- use robots or scripts with the App;
- attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the App;
- incorrectly identify the sender of any message transmitted to us;
- alter the attribution or origin of electronic mail, messages, or posting;
- harvest or collect personal health information about any other individual who uses the App or the Services; and/or
- infringe or facilitate infringement on any copyright, patent, trade mark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
- Warning: If you or the Patient provides false, inaccurate or misleading information at any time when using the App, then a prescription may be issued or a Product may be prescribed and dispensed or a Service may be provided based on such information, which could have severe and potentially life-threatening consequences for the Patient. By using the App and consenting to these Terms, you and the Patient agree not to provide false, inaccurate or misleading information at any time. To do so, would be a breach of these Terms.
- You agree to defend, indemnify, and hold us harmless from and against all third party claims, damages, and expenses (including, but not limited to, reasonable legal fees) against or incurred by us arising out of any User Information that you upload to or transmit via the App or any breach of this clause 14.
- If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or the App (the “User Information”), you agree not to provide any User Information that:
- CLAIMS OF COPYRIGHT INFRINGEMENT
- We respect the intellectual property rights of others and expect service users of the App to do the same.
- We disclaim any responsibility or liability for copyrighted materials posted on the App. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
- We will respond promptly to notices of alleged infringement that are reported to us.
- Notices of Alleged Infringement for Content Made Available on the App
- If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report any alleged copyright infringements taking place on or via the App by sending us a notice (a “Copyright Notice”), which complies with the following requirements:
- identify the copyrighted works that you claim have been infringed;
- identify the material or link that you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the site where such material may be found;
- provide your mailing address, telephone number, and, if available, email address;
- include both of the following statements in the body of the Copyright Notice:
- If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report any alleged copyright infringements taking place on or via the App by sending us a notice (a “Copyright Notice”), which complies with the following requirements:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent, or the law.”
“I hereby state that the information in this Copyright Notice is accurate and, under the relevant legal penalties, that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed”;
- provide your full legal name and your electronic or physical signature; and
- deliver this Copyright Notice, with all items completed, to us at: ace@oit.clinic
- INTELLECTUAL PROPERTY
- We retain all right, title, and interest in and to the App, the Services and any information, documentation, software, or other materials on the App, and any patent, copyright, trade secret, trade mark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the App, which is licensed to us (in that case, the licence provider retains all right, title, and interest therein).
- The information that is available via the App and the Services is our property. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone.
- Use, reproduction, copying, or redistribution of our trade marks, service marks, and/or logos are strictly prohibited without our prior written permission. The immediately foregoing sentence also applies to any third party trade marks, service marks, and logos that are posted on the App.
- Nothing contained on the App should be construed as granting, by implication, estoppel, waiver, or otherwise, any licence or right to use any trade mark, service mark, or logo that is displayed on the App without the written grant thereof by us, or the third party owner of such trade mark, service mark, or logo. The App may contain other proprietary notices and copyright information, the terms of which you agree to follow.
- We may delete any information that you provide to us, which we consider in our sole discretion to be fraudulent, abusive, defamatory, obscene or in violation of any copyright, trade mark or other intellectual property or ownership right of any other person or entity.
- DISCLAIMER OF WARRANTIES
- We do not warrant that access to or use of the App will be uninterrupted or error-free or that defects in the App will be corrected.
- The App, including any content or information contained within it or any platform-related service, is provided “as is”, with no representation or warranty of any kind, either express or implied.
- You assume total responsibility and risk for your use of the App, platform-related services, and linked websites. You are responsible for implementing procedures that are sufficient to satisfy your needs for data backup and security.
- You acknowledge and understand that the use or misuse of the Products that are obtained via the App may result in undesirable or unexpected consequences.
- LIMITATION OF LIABILITY REGARDING YOUR USE OF THE APP
IMPORTANT – YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
- Except as provided by law, and without limitation, we do not accept any liability for the consequences arising from the application, use, or misuse of any Products which have been prescribed and dispensed by us or Services which you access via the App, including any injury or damage to any person or property as a matter of negligence, or otherwise, including your failure to comply with any warning labels attached to the Products.
- Notwithstanding clause 18.1, 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 or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
- We will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
- loss or damage caused by you providing inaccurate or incomplete information;
- loss of your emotional well-being including, but not limited to, any embarrassment caused;
- loss of income or anticipated profits;
- loss of opportunity;
- loss of goodwill or injury to reputation;
- losses suffered by third parties; or
- any indirect, consequential, special or exemplary damages arising from the use of the App or the Services or a Product regardless of the form of action.
- We will not be liable for any loss or damage (in contract, negligence or otherwise) where:
- there is no breach of a legal duty of care owed to you by us;
- the loss or damage is not a reasonably foreseeable result of any such breach; or
- any loss or damage or increased risk of loss or damage results from a breach by you of these Terms.
- Subject to clauses 2 and 18.3, our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the provision of the Services shall be limited to £1,000,000 (one million) per claim.
- We disclaim all warranties, express or implied (to the extent permitted by law) including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that the App or any notifications sent by us to you will be free of viruses or other harmful components.
- We do not accept any liability or responsibility for the actions or omissions of any third party.
- We are not liable for loss or damage, which arises from your failure to inform your GP about any Products or Services which you access via the App.
- NO THIRD PARTY RIGHTS
Unless expressly stated in the Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, us and our affiliates. Nothing in the Terms is intended to relieve or discharge the obligation or liability of any third persons to you or us.
- ASSIGNMENT
You may not assign, transfer, or delegate the Terms or any part thereof without our prior written consent. We may freely transfer, assign, or delegate all or any part of the Terms, and any rights or duties hereunder.
- FORCE MAJEURE
We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
- TERMINATION
We reserve the right to refuse to provide to you access to all or part of the App or to terminate your access to all or part of the App if your or the Patient’s behaviour gives us a valid reason to do so. This will in particular be the case if you or the Patient violates applicable laws or contractual provisions.
- INDEMNIFICATION
- You agree to defend, indemnify, and hold harmless us and any of our affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and legal fees of any kind whatsoever arising directly or indirectly out of or in connection with:
- your or the Patient’s use or misuse of the App, Products, Services or any information posted on the App;
- your or the Patient’s breach of these Terms or Privacy Policy;
- the content or subject matter of any information you or the Patient provides to us; or
- any negligent or wrongful act or omission by you or the Patient in your or the Patient’s use or misuse of the App, Products, Services, or any information on the App, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
- You agree to defend, indemnify, and hold harmless us and any of our affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and legal fees of any kind whatsoever arising directly or indirectly out of or in connection with:
- REVISIONS OF THE TERMS
- In our sole discretion, we reserve the right to modify these Terms at any time, effective upon posting on the App. You should therefore periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. You therefore agree to review the Terms each time you access the App so that you may be aware of any changes to these Terms. The date of these Terms was last revised is identified at the top of these Terms.
- Any use of the App after such changes will be deemed your acceptance of the same.
- If you do not agree with the up-to-date Terms, you must delete your Patient Account.
- GENERAL
- In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
- These Terms constitute the entire agreement between us regarding the subject matter hereof.
- Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the App.
- Copyright / Trade mark Information. Copyright © Food Allergy Immunotherapy Ltd. All rights reserved. All trade marks, logos, and service marks (the “Marks”) that are displayed on the App are our property or the property of other third parties. You are not permitted to use the Marks without our prior written consent or the consent of such third party, which may own the Marks.
- GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms shall be interpreted and construed under the laws of England and Wales
- The courts of England and Wales will have exclusive jurisdiction concerning all disputes or claims arising out of or relating in any way to these Terms or your or the Patient’s use of the App, including without limitation the Services, between you and us.
- We will try to work in good faith to resolve any issue you have with the App, including without limitation the Products and Services which you or the Patient have accessed via the App, if you please contact us at allergyassist.ace@oit.clinic
- However, we realise that there may be rare cases where we may not be able to resolve an issue to your satisfaction. We and you will try to reach an agreement to resolve the claim within 30 (thirty) days after the notice is received.
- HOW TO CONTACT US
- If you wish to make a complaint about the App or our service, please contact us at office@oit.clinic and md@oit.clinic.
- If, for any other reason, you need to contact us, the easiest way is to contact us directly by:
- Email: allergyassist.ace@oit.clinic; or
- using the in-browser chat support function on the App. We will be available to chat between 9am-5pm (UK time), Monday – Friday.
To help us to identify you, please include your account details or, if applicable, your order number.
- Where reference is made in these Terms to communication being made in writing, this shall be taken to include communication made by us by way of onscreen message, notification, prompt field or other communication or information provided to you via the App, or by email using an email address, which you have provided to us for communication with you. The provisions of this clause shall not apply to the requirements of service of any documents in legal proceedings.