- Reference to “the app” within these terms refers to the Virtual Nurse app, that Lowaire part of the Big Web Creations Ltd group has made available to the public on Facebook Messenger, Google Home, Google Assistant, Alexa, Slack and any other associated platform;
- Reference to “Alexa” means the Amazon Voice Service that enables Customers to interact with compatible devices using voice commands;
- Reference to “Google Assistant” means the Google Home & Google Assistant Voice Service that enables Customers to interact with compatible devices using voice commands;
- Reference to “Slack” means the chat service provided by Slack, that enables Customers to interact with chat bots;
- Reference to “Device” means an Alexa compatible device upon which the Customer can download the Skill;
- Reference to “Amazon” means Amazon.com Inc. the Company who owns Alexa, and with whom the Customer must have an account set up in order to download the Skills;
- Reference to “The Companies” means the above-mentioned companies who facilitate our app on their platform;
- Reference to “Customer” means the individual who is granted access to the Skill.
Before using the Skill, please ensure that you have read and familiarised yourself with these terms related to the Virtual Nurse.
Privacy & Security:
The app allows you to use your Device to ask medical questions by voice and text. However, you should always contact your countries local emergency services if you require emergency assistance. To use the Skill, it requires that you speak into the Device or type into the device on some platforms. Responses will be received aloud from the Device. Therefore any communication to Virtual Nurse will be treated by Lowaire as a communication authorised by you, and any communication from Lowaire via the device in response to a request received from your Device will be treated by Lowaire as a communication to you.
You are responsible for all of the interactions with Virtual Nurse via the app. For this reason it is imperative that you consult the agreements that you have in place with Amazon, Google Home, Google Assistant, Slack or Facebook in order to ensure that you are using the app safely and correctly.
Third-Party Security Settings:
Once you set up your Device with the app, you are authorising Lowaire to provide information to the Device which you will receive based on the Device’s security settings. This means that you are responsible for how the app is used on your Device, including any communication to or from Lowaire on your Device.
Lowaire did not design or manufacture Alexa, Google Home, Slack, Facebook or Google Assistant, your Device or any other software involved with these devices or your Device. Lowaire therefore does not have any control over this, your Device or any of the software involved.
By accepting this Agreement, you understand and agree that Lowaire is not responsible for inaccuracies in your interactions with Lowaire via the app.
Viruses & Malfunctions:
Lowaire is making the app available to Customers and it is possible that there may be viruses or malfunctions as part of this roll-out. In addition to the possibility that the Device may mishear or misquote you, there is also a possibility that something might not work correctly, a virus may be introduced to your Device, or damage may be caused to your Device as a result of this.
By obtaining the app, you agree to accept these above-mentioned risks. Lowaire will not be responsible for any loss or damage caused by any viruses or other technologically harmful material that may infect your Device equipment or programs, or for any loss or damage to any data or other proprietary material due to your use of the app or to your downloading of any software or data from the app.
Electronic Records & Signatures:
By accepting these terms, you consent to the general use of electronic records and signatures in our relationship with you; for example, but not limited to, entering into new contracts.
Hardware & Other Requirements:
To access the Skill, you are required to:
(1) have a compatible Device with internet connection; and
(2) have an Amazon, Slack, Facebook Messenger, Google Home or Google Assistant account.
Release Of Your Information To Virtual Nurse:
In order for us to provide you with the requested information, it needs to be sent from us to the company and is thereafter supplied to you. Therefore it is important that any information that you request from the Device, you are happy for that information to be sent by Lowaire to the companies. If you are unsure about what the companies may do with this information, we would advise that you consult the agreements that you have in place with them directly.
We may seek your constructive feedback on the App, including problems that you may encounter, aspects that you find worked well, and any suggestions for improving it that you may have.
You further agree that Lowaire may email you from time to time about your experience with the App.
Changes Or Amendments:
We may change, suspend, or discontinue the App, or any part of it, at any time without notice. We may amend any of these Terms at our sole discretion by posting the revised terms on our website. Your continued use of the App after the effective date of the revised Terms constitutes acceptance of the Terms.
Your rights under these Terms will automatically terminate without notice if you fail to comply with any of the Terms. In case of such termination, we may immediately revoke your access to the App. You must therefore immediately cease all activities authorised by these Terms, and you must immediately delete or remove the App from all Devices, immediately destroy all copies of the App and any related documents in your possession, custody or control and certify to us that you have done so.
Lowaire will not provide technical or any other support for the App. If such support is provided in exceptional circumstances, it will be provided in addition to any normal support for your Account(s). You hereby agree to abide by any support rules and policies put into place.
You assume all risk for your use of the App that it is provided “as is”. Lowaire expressly disclaims all conditions, warranties and other terms, either express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement, and no advice or information, whether oral or written, obtained by you from Lowaire, or through or from the App, will create any warranty of any kind. Any claims that you may have with respect to the App, and your usage of the App, must be brought against the companies and not against Lowaire.
If you do not comply with these Terms, and we incur any costs, loss, claims, expenses and other liabilities which result from your non-compliance, including a resultant breach by us of our obligations to the companies, you agree to reimburse us for any such costs, loss, claims, expenses and other liabilities, including any legal costs involved with the defence of any claim brought against us due to your non-compliance with these Terms. This is in addition to any other specific remedies that we have in these Terms or under the law generally.
We hereby exclude any liability for any direct, indirect, or consequential loss or damage that you may incur in connection with your use or inability to use the App, including, without limitation any damage to electronic devices, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted office time and any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, whether foreseeable or not. However, nothing in these Terms excludes or limits our liability for personal injury or death caused by our negligence or for fraud.
Whilst we strive to provide accurate and up to date medical advice directly from the NHS (National Healthcare England) website. This information is provided to you as educational information only. Therefore we exclude any liability for injury or death as a result of instructions, advice or information provided by the App.
Governing Law; Jurisdiction; Venue:
Please note that these Terms and all claims relating to them, their subject matter and formation (whether contractual or non-contractual), are governed by English law. Both parties agree that the courts of England and Wales will have exclusive jurisdiction.
Intellectual Property Rights:
You acknowledge that all intellectual property rights in the App and the companies, the technology, that rights in the App are licensed (not sold) to you and that you have no rights in, or to, the App, or the technology other than the right to use each of them in accordance with these Terms.
You acknowledge that you have no right to have access to the App in source code form.
You warrant that you will at all times during the course of these Terms comply with the Data Protection Act 1998 (“the Act”) and all associated legislation, and ensure that any and all use of the Skill complies with the Act.
We can transfer all or any of our rights and legal responsibilities under the Terms without your permission provided any warranties are not affected. Your rights and duties under the Terms apply only to you and cannot be transferred to any other person without our written permission.
If we don’t enforce any part of these Terms at any time, this will not stop us from doing so in the future.
If any of these Terms are found not to be valid or cannot be enforced in full or in part, the rest of the Terms will continue to apply as normal.
For more information please contact us.