Terms and Conditions

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MOBILE APP TERMS AND CONDITIONS 

We are Avegen Limited (Company Number 09562713) with registered offices located at 64 Vaughan Road, Harrow, England, HA1 4EE (Avegen) the creators of the Orbi application as described on our website www.orbihealth.io (referred to below as the ‘App’).  

By downloading the App, you are agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy, available at https://orbihealth.io/privacy-policy before you download and use the App. Only download the App if you have read the rules and agree to them. 

If you do not agree to these terms, we will not allow you to use the App and you should not download it.  

In this agreement: 

• references to the ‘App Store’ means Apple’s App Store and we refer to their rules and policies contained in the Apple Media Services Terms and Conditions as the ‘App Store Rules’. 
• references to ‘Google Play’ means the app distribution App operated by Google and known as Google Play, and we refer to Google’s terms of service (and other applicable terms) collectively as ‘Google’s Rules’. 
• in clauses where we use the phrase “App Store Rules or Google’s Rules (as applicable)”, we intend for the App Store Rules to apply to users who have obtained the App via the Apple App Store, and for Google’s Rules to apply to users who have obtained the App via the Google Play distribution App. 

YOUR KEY INFORMATION 

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after purchasing goods or services online, in some cases, you can change your mind and get a full refund 

The Consumer Rights Act 2015 (applicable in the United Kingdom) requires that all our services are as described, fit for purpose and of satisfactory quality and so nothing in these terms affects statutory rights.  

This is a summary of some of your key rights in the United Kingdom. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133. 

The information above summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully. 

If you have any questions about this contract or any orders you have placed, please contact us by sending an email to:  

anjali.joshi@avegenhealth.com 

MEDICAL EMERGENCIES 

This App is not intended to replace appropriate medical advice and you should use the App in conjunction with appropriate medical advice from your general practitioner or other treating doctor.  

If you are experiencing a medical emergency: 

• call 999 for a life-threatening medical emergency, such as a serious injury or if someone's life is at risk; or  
• for urgent medical help or advice that is not life-threatening, call 111 or go to 111.nhs.uk.  

1. THESE TERMS 
2. These terms are an agreement is made between us you and us and: 
3. Apple is not a party to this agreement and has no responsibility for the App or its content; and 
4. Google is not a party to this agreement and has no liability under it. 
5. We license you to download and use the App: 
6. For iOS users, onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the App Store Rules 
7. For Google Play Store users, to use the App provided you follow all of the rules described in this agreement and also Google’s rules.  
8. The licence: 
9. is only for you personally (and anyone else that the Apple or Google (as applicable) and for non-business use; 
10. starts when you download the App, create an Account and pay the Fees; and 
11. covers content, materials, or services accessible from, or bought in, the App including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept. 
12. The licence ends upon the cancellation, closure or termination of your Account or this agreement.  
13. You must comply with the App Store Rules and Google’s Rules (as applicable) as well as these terms but, if there is any conflict between them, you should follow the App Store Rules or Google’s Rules rather than the equivalent rule here.  
14. You do not own the App or any of its contents but you may use it on devices that you own or control, as permitted by these terms and by the App Store Rules or Google’s Rules (as applicable). 
15. If you sell or give away the device on which you have downloaded the App, you must first remove the App from the device. 
16. You are not allowed to: 
17. modify the App’s code in any way, including inserting new code, either directly or through the use of another app or piece of software; 
18. deliberately attempt to avoid or manipulate any security features included in the App; or 
19. pretend that the App is your own or make it available for others to download or use (including by way of copying the code of the App and creating an independent version). 
20. ELIGIBILITY & ACCOUNTS 
21. ELIGIBILITY 
22. The App is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the App. By using the App, you represent and warrant that you are either: 
23. over the age of 18 years and accessing the App for personal use; or  
24. accessing the App on behalf of someone under the age of 18 years old and consent to that person’s use of the App. 
25. Please do not access the App if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the App.  
26. ACCOUNTS 
27. Users of the App are required to sign-up, register and receive an account through the App (an Account). 
28. As part of the Account registration process and as part of your continued use of the App, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password and other information as determined by the Company from time to time. 
29. You warrant that any information you give to the us in the course of completing the Account registration process will always be accurate, honest, correct and up to date. 
30. PAYMENT 
31. When you download the App, you will be prompted to pay a Fee (App Fee).  
32. All App Fees are: 
33.  as displayed and accepted by you at the time of checkout; 

and 

subject to change without notice prior to your downloading of the App. 

1. (Payment obligations) You must pay the App Fees in full at the time you download our App. 
2. SUPPORT AND CONTACT 
3. We are responsible for customer service in relation to the App and can help you if you are having any issues. 
4. For iOS user, you acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the App, although if the App is faulty, you may be able to claim a refund for paid content or services — please see clause 13) 
5. For Google users, you acknowledge that Google has no obligation to provide any support or maintenance services in relation to the App. Refunds may available to you in a range of circumstances, either from Google or from us. See Google’s refund policies for more information. 
6. If you need to get in touch with us, you can use the ‘contact us’ functionality provided in the App. 
7. We may contact you by email to request feedback about your experience using the App or to invite you to participate in research or product improvement activities. These communications are optional, are not marketing communications, and you may withdraw your consent at any time. 
8. If we need to get in touch with you, we will do so by email or an in-app notification  
9. PRIVACY AND YOUR PERSONAL INFORMATION 
10. Protecting your personal information is important to us. Our Privacy Policy, which is available at https://orbihealth.io/privacy-policy, explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint. 
11. COLLECTION OF TECHNICAL INFORMATION 
12. We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the App. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you. 
13. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS 
14. The intellectual property rights in the App and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the App (the ‘Content’) are owned by us and our licensors. 
15. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, patents, trademarks, service marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners or licensors of them and are free to use them as we see fit. 
16. Nothing in these terms grant you any legal rights in the App or the Content other than as necessary for you to access it and use it. You agree not to adjust, try to circumvent or delete any notices contained in the App or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content. 
17. Trademarks: “Avegen”, “Orbi” and the associated logos within our app are the unregistered trademarks of Avegen. Other trademarks and trade names may also be used on the App or in the Content. Use by you of any trade marks on the App or in the Content is strictly prohibited unless you have our prior written permission. 
18. UPDATES TO THE APP 
19. We may update the App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that, we will ensure that the App still meets the description of it that was provided to you at the time you downloaded the App. 
20. Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store. 
21. We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the App updated to the latest version that we make available. 
22. CHANGES TO THESE TERMS 
23. We may need to revise these terms from time to time to reflect changes in the App’s functionality, to deal with a security threat or if there is a change in the law or guidance. 
24. You will be asked to agree to any material changes in advance by an in-app notification , usually when you download an update. If you do not accept the changes, you will not be able to use the App. Google users may be able to request a refund in these circumstances.  
25. EXTERNAL SERVICES 
26. The App may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’). 
27. We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information. 
28. You must not use external services in any way that: 
29. is inconsistent with these terms or with the terms of the external service; or 
30. infringes our intellectual property rights, or the intellectual property rights of any third party. 
31. From time to time, we may change or remove the external services that are made available through the App. 
32. LIABILITY 
33. Nothing in these terms shall exclude or limit Avegen’s liability for death or personal injury caused by our negligence or willful misconduct, liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under the laws of England and Wales. 
34. Subject to clause 12(a), Avegen shall bear no liability of any kind whatsoever for (but not limited to) any direct or indirect/consequential, foreseeable or unforeseeable, losses, costs, damages, fees, expenses, any inaccuracy or misleading information, any loss of profit, revenue, suffered by you or any third-party, relating to, in connection with, or arising from, this agreement, the Avegen’s products and services and/or the App. 
35. In any case, subject to clause 12(a) and to the extent permitted under applicable law, Avegen’s total aggregate liability arising from or in connection with this agreement, the Avegen and/or the App (whether the liability arises because of breach of contract, tort or for any other reason) shall be limited to the App Fees you have paid to us.  
36. If the App fails to meet the standards required by law (including that the App is of satisfactory quality, fit for purpose and as described), please contact Apple who will provide you with a full refund of the price you paid for the App, in the event that the App was not made available for free. Apple has no other responsibility or obligation in relation to the App beyond providing a refund in the circumstances described in the present clause 12(d). 
37. FAILURES OF NETWORKS OR HARDWARE 
38. The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the App Store or Google Play (as applicable), are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty GPS signal, failing in the API with any suppliers of our Content or related features), App Store failure or failure of Google Play to function properly (as applicable) or anything else that it would not be reasonable to expect us to control. 
39. ENDING THESE TERMS 
40. We can end these terms and our agreement with you where you breach any of these terms and conditions.  
41. We will give you a reasonable amount of notice before the terms and our agreement with you ends but if what you have done is serious then we may end our agreement with you immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the App or doing anything else that we think presents a big enough risk to justify us ending our agreement with you quickly. 
42. The consequences of our agreement with you ending are as follows: 
43. you are no longer allowed to use the App and we may remotely limit your access to it; 
44. you must delete it from any devices that it has been installed on; 
45. we may delete or suspend access to any accounts that you hold with us; and 
46. you are not entitled to a refund to the extent you paid for the App of any of its features. 
47. THIRD PARTIES 

No one other than us or you has any right to enforce of these terms, except that in the case of iOS users Apple and Apple’s subsidiary companies are third party beneficiaries of these terms and to this agreement. This means that if you breach any of these terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement. 

1. TRANSFERRING THESE TERMS 
2. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result. 
3. You are not allowed to transfer your rights under these terms to anyone without our prior written consent. 
4. GOVERNING LAW AND JURISDICTION 
5. The laws of England and Wales apply to this agreement, although if you are resident elsewhere acting in a non-professional capacity, you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live. 
6. Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of another part of the UK in which you live.