Please read these terms and conditions of use carefully before using our mobile device application and related website.

Yourmedpack Limited is the owner of Marsoftware Limited, and in this document Yourmedpack Limited will be referred to as (YOURmeds) and Marsoftware Limited will be referred to as (MARsoft). The company’s YOURmeds Mobile Medication Manager mobile device application (the “App”) and related websites (including the mobile-optimised versions of such website, (the “Site”) available to you under these Terms of Use (this “Agreement”). The App and the Site are referred to together as the “Application”. By using the Application and/or by clicking the “I Agree” button on the Site or the “Accept” button in the App, you unconditionally agree to follow and be bound by these Terms of Use. If you do not agree to be bound by and comply with all of these Terms of Use, you may not use our Application.

Intended Users

The Application is available only to users aged 18 years or more and residents of the UK.

Modifications of this Agreement

We reserve the right to update or modify these Terms of Use, at any time and for any reason, without penalty or liability to you or any third party. By continuing to use the Application after any such changes, you unconditionally agree to follow and be bound by the Terms of Use as changed. We encourage you to periodically review these Terms of Use.

Disclaimers

The Application is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind as to the operation of the Application or any information, content, materials or products included or referenced therein.

You acknowledge that your use of the Application is at your own risk. It is your responsibility to ensure the security of your username and password.

Requirements for Use

To use the App or the Site, you must have compatible computing and mobile devices, access to the Internet and mobile messaging and data services, and certain necessary software. Fees and charges may apply to your use of the Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the Application. You agree that you are responsible for meeting these requirements and for your use of the internet, any associated fees, charges or expenses.

Remember that the App can only send a reminder if your mobile or smart phone is charged and switched on.

Third-Party Websites and Materials

References or links within the Application to any other websites or information are provided only as a convenience to you and do not in any way mean that we endorse, sponsor or recommend any third-party material, product or service. We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites or material. We are not responsible for and do not assume any liability with respect to the content, privacy practices or otherwise of third parties.

SMS/Text Alerts/ Push Notifications

If you use YOURmeds™ Mobile Medication Manager on a Smart phone (as opposed to a smartphone such as Android and iPhone devices), then you may use the Application to receive reminders via text messages. You agree to the SMS terms and conditions made available to you when you entered your mobile phone number and selected to receive reminders as SMS/Text messages.

Technology Support

We do not warrant or guarantee that the Application will function with your mobile or computing device or be compatible with the hardware or software on any specific devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Application. We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the Application, particularly relating to any failure of the reminder system to function as expected, including but not limited to the non-delivery of any alerts or notifications. You are responsible for accepting any updates.

Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about (1) the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Application, including software, text, graphics, links, or communications provided on or through the use of the Application; or (2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Application.

We have no obligation to provide technical support or maintenance for the Application. At any time and for any reason, without notice or liability, we may modify or discontinue the Application or any part of it or impose limits on your use of or access to the Application.

Although we take reasonable measures to keep the Application free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Application will be free of such contaminations.

User’s Responsibilities

If you submit any information, messages, comments, posts, text, photographs, data and other materials (collectively “User Content”) to us through or related to the Application or send us any business information, idea, concept or invention to us by e-mail, you represent and warrant to us that such User Content is not confidential and that you have all necessary permission to submit or otherwise make available such User Content. In addition, subject to limitations set forth in our Privacy Policy, you grant us a royalty-free, perpetual, irrevocable, world-wide nonexclusive licence to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or User Content in any media or medium, or any form, format, or forum now known or hereafter developed, including the right to sublicense through multiple tiers of sublicenses.

You further agree that:

you will not reproduce, duplicate, copy, sell, resell, or exploit the Application, its content, its software or any portion of any of the foregoing; you will not use the Application for any purpose in violation of local, national or international laws; and you will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity.

You agree not to interfere or attempt to interfere with the proper working of the Application or to disrupt the operations or violate the security of the Application. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations.

You agree to comply with all user responsibilities and obligations as stated in this Agreement. Our failure to act with respect to a breach by you or others of these Terms of Use does not waive our right to act with respect to similar or other breaches.

Privacy

Any personal information you provide to us through your use of the Application is governed by our Privacy Policy. We respect your privacy, and a complete statement of our current privacy policy can be found by clicking here. We may update our policies and practices from time to time at our sole discretion.

Account and Password

The Application will allow you to record and store information. You agree to keep your information accurate, complete and current. You are responsible for the security and confidentiality of your Application account and password and any activity on your account. It is your sole responsibility to monitor and control access to and use of your account and password. At any time, you may delete your account via the App or Site.

Licence Grant

We hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable licence to access and use our Application, and any user guides, specifications or related documentation (the “Documentation”), subject to the terms and conditions of this Agreement. This licence is only for your personal and non-commercial use and only for the term of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily download one copy of the App for personal, non-commercial use only on each mobile device that you own or control.

Under this licence, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the App, you may not:

lend, rent, lease, sell, redistribute, assign, sublicense or otherwise transfer the App or the right to download or use the App;

use the App for any commercial purpose or for any commercial or non-commercial public display;

copy, decompile, reverse engineer, disassemble, derive the source code of the App, any App updates, or any part of the App or updates, or attempt to do any of the foregoing;

modify or create derivative works of the App, any App updates or any part of the App or updates;

remove any copyright or other proprietary notations from any App or part of the App; or

transfer the content or materials from the App or Site to anyone else or “mirror” the same on any server.

If you violate any of these restrictions, this licence will automatically terminate, and you may be subject to prosecution and damages.

Ownership

We retain all rights to the Application that are not specifically granted to you in this Agreement. We do not transfer to you any title to or any proprietary or intellectual property rights in or to the Application, any updates or derivative works of the App, or the Documentation, or any copyrights, patent rights, or trademarks embodied or used in connection with the Application.

Copyright and Trademarks

You agree that the Application contains proprietary content, information and material that are protected by intellectual property and other laws. Therefore, service marks, trade names, trade dress and products are the property of their respective companies. No trademark or service mark licence is granted to you with regard to materials contained in the Application. Your access to the Application does not authorise you to use any name, logo or mark in the Application in any manner. Furthermore, all Application software is the property of us or our suppliers and protected by international copyright laws. No software licence is granted to you with respect to any Application software.

Any use of the Application or its content that is not expressly permitted by these Terms of Use is a breach of this Agreement and may violate copyright, trademark and other laws. All rights not expressly granted to you in this Agreement are reserved by us and our licensors.

Limitations on Liability

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall we, our affiliates, or any of our or their employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any personal injury, including death other than as allowed by the English law, or for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the application, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer or device failure or malfunction, even if a representative of ours has been advised of or should have known of the possibility of such damages. In no event will we be liable for any damages in excess of one hundred pounds (£100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Any claims arising in connection with your use of the Application must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use, even if the applicable remedy under these Terms of Use fails of its essential purpose.

Indemnity

You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, agents, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys' fees and costs) arising from or relating to your use of the Application or your breach or violation of this Agreement.

Termination of Application

These terms are effective until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Application. If you violate these Terms of Use, our permission to you to use the Application automatically terminates. We may, in our sole discretion, terminate this Agreement and your access to any or all of the Application, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us.

Upon any termination of the Agreement by either you or us, you must promptly uninstall the App on all of your devices and destroy all materials downloaded or otherwise obtained from the Application, all Documentation, and all copies of such materials and Documentation. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Limitations on Liability, Indemnity, Choice of Law and Forum, Complete Agreement and Severability.

Choice of Law and Forum

This Agreement shall be governed in all respects under the laws of England and Wales, exclusive of its choice of law or conflict of law provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Application, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the courts of London.

Complete Agreement

This Agreement and our Privacy Policy constitute the entire agreement between you and us relating to your access to and use of the Application. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern. Anything contained in or delivered through the Application that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement.

Severability

If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be reformed, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

Assignability

You agree that these Terms of Use and all incorporated agreements between you and us may be automatically assigned by us, in our sole discretion, to an affiliate or to a third party.

Contact information

All notices to you relating to this Agreement shall be posted on the Application or sent to you at the e-mail or physical address, if any, that you provided to us. All notices to us relating to this Agreement shall be in writing and sent to the following:

YOURmeds™ Mobile Medication Manager

ATTN: MARsoftware Limited

Langstone Gate, Solent Road

Havant, Hampshire, PO9 1TR, UK

Notice shall be deemed given when notice is posted on the Application or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Unless the regular mail is returned to the sender, notice shall be deemed given three days after the regular mail is sent, in the case of domestic mail, or seven days after the regular mail is sent, in the case of international mail.

Legal Notice

YOURmeds™ Mobile Medication Manager is published by Marsoftware Limited Langstone Gate, Solent Road, Havant, Hampshire, PO9 1TR, UK a company registered in England, registration number 6978806 who own the copyright.

This Site is intended for use in the UK and complies with relevant laws governing its distribution. This site is owned or controlled by MARsoftware Limited (MARsoft), and is protected by worldwide copyright laws. The name YOURmeds® is a registered trademark. No use of this trademark may be made without the prior, written authorisation of MARsoft, except to identify the Site.

Whilst Marsoftware Limited will always do its best to ensure uninterrupted access to the Site, it cannot guarantee this.

MARsoft will make all reasonable efforts to include up-to-date information in this Site, but makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information provided. MARsoft shall not be liable for any damages or injury resulting from your access to, or inability to access, this Site, or from your reliance on any information provided at this Site.

This Site is hosted and supported by a technical service provider partner of MARsoft which has committed to maintain all data contained in the site confidential - see our Privacy Policy.

MARsoft or its associated companies shall be free to use any information derived from the site that does not identify a patient or that refers to a group of patients generally.

 

This notice was updated on 23rd October 2017.