Square Health

PLEASE READ THESE TERMS CAREFULLY

USE OF THIS APPLICATION

THE AVIVA DIGICARE+ APPLICATION IS PROVIDED FOR AVIVA BY SQUARE HEALTH. THESE TERMS SET OUT HOW SQUARE HEALTH’S RELATIONSHIP WITH YOU WILL OPERATE. TO USE THIS APPLICATION AND TO ACCESS AVIVA DIGICARE+ YOU MUST ACCEPT THESE TERMS AND BY REGISTERING TO USE THIS APPLICATION YOU ENTER INTO A CONTRACT WITH SQUARE HEALTH. BY CLICKING THE “AGREE” BUTTON BELOW YOU AGREE TO BE BOUND BY THESE TERMS (INCLUDING ANY ADDITIONAL TERMS WHICH ARE REFERRED TO IN THEM) AND YOU ALSO AGREE TO THE COLLECTION, HOLDING AND USE OF PERSONAL INFORMATION AND DATA IN ACCORDANCE WITH SQUARE HEALTH’S PRIVACY POLICY AS REFERRED TO BELOW IN THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD CLICK THE “DISAGREE” BUTTON BELOW OR CLOSE THIS APPLICATION.

OBTAINING SERVICES

SEPARATE TERMS AND CONDITIONS APPLY TO SERVICES BOOKED OR PROVIDED USING THIS APPLICATION, AS DESCRIBED BELOW IN THE SECTION HEADED “WHICH TERMS AND CONDITIONS APPLY AND HOW TO ACCEPT”. WHEN YOU BOOK A SERVICE YOU ENTER INTO A SEPARATE CONTRACT WITH SQUARE HEALTH (OR, IF APPLICABLE, ANY OTHER RELEVANT SERVICE PROVIDER) FOR PROVISION OF THE PARTICULAR SERVICE AND YOU ACCEPT THE TERMS AND CONDITIONS WHICH APPLY TO PROVISION OF THAT SERVICE.

URGENT TREATMENT

THIS APPLICATION SHOULD NOT BE USED TO ACCESS HEALTHCARE IN THE CASE OF AN EMERGENCY. IF YOU NEED TO SEE A HEALTHCARE PROFESSIONAL URGENTLY PLEASE CONTACT YOUR HEALTHCARE PROVIDER OR CONTACT THE EMERGENCY SERVICES.

Introduction

Welcome to Aviva DigiCare+. Aviva DigiCare+ is a range of services which are included as non-contractual added value services with certain policies provided by Aviva. The service elements within Aviva DigiCare+ are provided by Square Health and/or other partners of Aviva. Aviva DigiCare+ is offered to you free of charge, excluding optional services you may choose to pay for at your discretion, for example prescription services or provision of a fit note. If any charges are payable by You, this will be made clear to you through the App.

This App is provided by Square Health. The purpose of this App is to enable You to access Aviva DigiCare+ and the services within Aviva DigiCare+, subject to these terms and all other terms and conditions which apply to Aviva DigiCare+ and the services included in it.

Please see below under Description of Aviva DigiCare+ in order to access a description of Aviva DigiCare+ and of the individual service elements comprised in Aviva DigiCare+.

Definitions

In these terms (including the Introduction section above):

App refers to this mobile application
Aviva refers to Aviva Life Services UK Limited, a company registered in England and Wales with company number 2403746. whose registered office is at Wellington Row, York, YO90 1WR
Aviva Employer Policy refers to a relevant insurance policy with Aviva held by the Primary Member’s employer which enables the Primary Member to access Aviva Digicare+
Aviva DigiCare+ refers to the suite of medical and healthcare services which are provided by Square Health and/or other Service Providers under the Aviva DigiCare+ brand
Child refers to a person who is under the age of 18, or up to the age of 21 if in full time education, and a natural or legally adopted child of the Primary Member or of the Primary Member’s Spouse/Partner
Consultation refers to a GP or other healthcare consultation booked or provided by Square Health using the App as a service within Aviva DigiCare+
Documentation refers to online documentation and instructions provided by Square Health related to the use of the App
Primary Member means a person eligible to access Aviva DigiCare+ as a non-contractual added value service under an Aviva Employer Policy
Service Provider refers to a provider of medical or other healthcare services within Aviva DigiCare+
Spouse/Partner refers to a person who is either (a) the legal spouse or civil partner of the Primary Member, or (b) has been living with the Primary Member in a partnership which resembles marriage for at least six months
Square Health refers to Square Health Limited, a company incorporated in England and Wales under company number 7054181 with its main business address and registered office at Crown House, William Street, Windsor, Berkshire SL4 1AT, and We, Us, Our, Ours and Ourselves also refer to Square Health
Square Health Service refers to a service within Aviva DigiCare+ which is provided by Square Health
Third Party Service refers to a service within Aviva DigiCare+ which is provided by a Service Provider other than Square Health
You, Your, Yours and Yourself refer to you.

Description of Aviva DigiCare+

A description of Aviva DigiCare+ and more information on Aviva DigiCare+ generally is set out here

Which terms and conditions apply and how to accept

The provisions which follow set out or refer to the terms and conditions on which the App may be used to access Aviva DigiCare+. The App may only be installed and/or used by You to access Aviva DigiCare+ if:

You are aged 16 or over, ordinarily resident in the United Kingdom, Channel Islands or Isle of Man, and eligible to receive benefits under Aviva DigiCare+, and
You have registered to use the App and have clicked on the Agree button on the sign-up page to signify that You have accepted these terms and agree to be bound by them, and were physically present in the United Kingdom when You accepted.

These terms govern the use of the App, including for the purposes of booking or receiving a Consultation. The App may also be used by You to book or receive a Consultation for a Child. But they do not govern the provision of the Consultation by Square Health or any other applicable Service Provider. The provision of a Consultation within Aviva DigiCare+ is governed by separate terms and conditions which are accepted when You book the Consultation (whether that Consultation is booked or received using the App or by any other method). Square Health’s responsibility for a Square Health Service and for advice provided in a Consultation that forms part of a Square Health Service is governed by the terms and conditions governing the supply of the particular Square Health Service. Square Health has no responsibility for any Third Party Service or for advice provided in a consultation that forms part of a Third Party Service.

The terms and conditions which govern the provision of Consultations by Square Health may be viewed here.

Third Party Services may have their own terms and conditions, which will be made available to You by the applicable Service Provider.

Please note that:

Aviva does not accept any liability to You in respect of the App and its usage, including any loss or damage suffered pertaining to medical or healthcare advice received and which is provided by Service Providers subject to their terms and conditions
whilst Aviva DigiCare+ comprises services commissioned by Aviva, by using the App You expressly agree that Aviva is not providing, and does not provide, medical or healthcare advice, and the provision of any medical or healthcare advice within Aviva DigiCare+ is governed by the terms and conditions of the applicable Service Provider
the provision of the App, and the services within Aviva DigiCare+ and the booking of any Consultation or other service within Aviva DigiCare+ does not, in whole or in part, constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between Aviva and You
commentary and other material posted on the App are not intended to amount to advice on the part of Aviva on which reliance can be placed and Aviva disclaims all liability and responsibility arising from any reliance placed on such materials by any user of the App or by anyone who may be informed of its contents.

Licence to use the App

Subject to these terms and conditions, Square Health grants You a non-exclusive, non-transferable, royalty-free licence, without the right to grant sub-licences, solely for Your personal use and solely for the duration of the agreement between You and Us to:

download or stream the App on to any telephone or other mobile device used by You (subject to the operating system and technical requirements referred to in these terms)
use the App (including any updates and supplements to it) and the Documentation

in accordance with these terms.

The App may be used by You only to access and use Aviva DigiCare+ in accordance with these terms and/or of third party Service Providers that are applicable. It may be used by You to access and use Aviva DigiCare+ either in respect of Yourself or (subject to any other applicable terms and conditions of Aviva) in respect of a Child. You may not transfer the App or share it with any third party or allow it to be used by any third party.

Access to the App is permitted on a temporary basis and We reserve the right to withdraw or amend the service that We provide without notice. Neither We nor Aviva will be liable if for any reason the App is unavailable at any time.

If You sell or transfer any device on which the App is installed You must remove the App from it prior to doing so.

If You download or stream the App on to 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 and any other applicable terms and conditions whether or not You own the phone or other device.

Intellectual property

All intellectual property rights in the App, the Documentation and the Square Health Services belong to Us and You will have no rights in or to the App, the Documentation or services comprised within Aviva DigiCare+ other than the right to access and use them in accordance with these terms.

Acceptable use

You must not:

use the App or Aviva DigiCare+ in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example by hacking into or inserting malicious code such as viruses, or harmful data, into the App, any part of Aviva DigiCare+ or any operating system. You acknowledge that by breaching this clause you may commit a criminal offence under the Computer Misuse Act 1990
infringe Our intellectual property rights or those of any third party in relation to Your use of the App or Aviva DigiCare+
transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the App or Aviva DigiCare+
use the App or Aviva DigiCare+ in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users
use the App for any commercial, business or resale purpose – the App is for domestic and private use only
collect or harvest any information or data from Aviva DigiCare+ or Our systems or attempt to decipher any transmissions to or from Our servers or other servers used to provide the services comprised within Aviva DigiCare+.

Your privacy

Square Health is the controller of personal data collected through Your use of the App and the Square Health Services.

We only use any personal data We collect through Your use of the App and the Square Health Services in the ways set out in Our privacy policy which may be viewed here. Square Health may send anonymised and aggregated information to Aviva about Aviva DigiCare+ and Square Health Services, for example the number of App registrations.

Please be aware that internet transmissions are never completely private or secure and that any message or information You send using the App may be read or intercepted by others even if there is a special notice that a particular transmission is encrypted.

By using the App You agree to Us collecting and using technical information about the devices on which You use the App and related software, hardware and peripherals. This is necessary in order to provide the App and the Square Health Services to You and to improve Our products and services.

Additional terms of Apple or Google

The ways in which You can use the App and Documentation may also be controlled by terms and policies of Apple and/or of Google. Usually any applicable terms and policies will apply in addition to Our terms. But where there is a conflict between Our terms and the terms and policies of Apple or Google, the terms and policies of Apple or Google will apply.

Operating system and technical requirements

The minimum operating requirements for the App are set out here. If these requirements are not met the App may not function correctly and You may not be able to access and use Aviva DigiCare+ via the App.

Support for the App and how to tell Us about problems

For information and support in connection with the App or use of the App to access Aviva DigiCare+ please take a look at Our support resources which may be viewed here

If You think the App is faulty or to contact Us for any other reason please contact Our customer service team either by email to digicaresupport@squarehealth.com or by telephone on 0333 023 2700. If you have a complaint regarding the App or a Square Health Service, please contact Us in the same way.

Weblinks

There are links in the App which take you to websites not provided by us. We are not responsible for websites not under Our control, and We have not checked and approved their content or their privacy policies (if any).

Square Health's liability

The App is not necessarily error free and may be subject to interruption. The App and the services within Aviva DigiCare+ have been developed to standard specifications and not to meet any particular specifications or requirements of You, and they are supplied ‘as is’ – it is Your responsibility to check that the App and the services within Aviva DigiCare+ are suitable for You. Our sole responsibility in relation to errors or bugs in the App is to correct them within a reasonable time of their being brought to Our attention.

Viruses and similar destructive programs are an inherent risk of use of the internet and whilst We will endeavour to prevent contamination of any material accessed via the App We cannot accept liability for loss or damage caused by any virus or other destructive code.

Subject to the previous paragraphs, We accept responsibility for direct loss suffered by You (or, where applicable, Your Child) if We fail to comply with these terms or fail to use reasonable care and skill. We do not seek to exclude or limit in any way Our liability 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.

Subject to the previous paragraph, Your sole right and remedy in the event of any defect in the App or its operation (to the exclusion of all other rights and remedies) will be to terminate the licence described in these terms and delete the App from your device.

Changes to these terms

We will be entitled at any time to alter any provision of these terms by giving notice to You. Where possible we will give You at least seven days’ notice of any change by notifying You of a forthcoming change when You next start the App.

If You do not accept the notified changes You may not continue to use the App or to access or use the services within Aviva DigiCare+.

Updates to the App and changes to Aviva DigiCare+

From time to time elements of the services within Aviva DigiCare+ may be altered or removed. We may automatically update the App to reflect changes in Aviva DigiCare+ and/or to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively We may ask You to update the App for these reasons.

If You choose not to install such updates (or if You opt out of automatic updates) You may not be able to continue using the App and/or the services within Aviva DigiCare+.

Termination

You may end Your contractual relationship with Us at any time by ceasing to access and use the App and by deleting or removing the App from all of Your devices.

We may end Your rights to access and use the App at any time by contacting You if You have broken any of these terms (or any other terms applicable terms relating to Your access and use of the App and/or Aviva DigiCare+) or if You cease to be eligible to receive benefits under Aviva DigiCare+. If practicable We will give You a reasonable opportunity to put right any breach by You.

If We end Your rights to access and use the App:

You must stop Your use of the App and all activities which come within the scope of these terms and You must delete the App
We may remotely access Your devices and remove the App from them and cease providing You with access to either the whole of Aviva DigiCare+ and/or to particular service elements comprised in Aviva DigiCare+.

Other provisions

We may transfer Our rights and obligations under these terms to another organisation. We will always tell You in writing if this happens. You may only transfer Your rights or Your obligations under these terms to another person if We agree in writing.

Even if We delay in enforcing Our contract with You, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these terms, or if We delay in taking steps against You in respect of Your breaking Our contract, that 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.

We will communicate with You by email, by SMS or by pre-paid post, in accordance with Our privacy policy, using the contact details You have provided to Us within the App.

Which laws apply to these terms and where You may bring legal proceedings

We hope we are able to satisfy any complaint You make to us. If You are not satisfied with the outcome you can still bring legal proceedings. These terms are governed by English law and You can bring legal proceedings in respect of the App in the English courts. If You live in Scotland You can bring legal proceedings in respect of the App in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of the App in either the Northern Irish or the English courts.