These Terms and Conditions (“Terms”) govern the use of the PKG Pearl mobile and web application (the “App”), which is provided to users (“you”, “your”, “user” or specifically “patient”, “caregiver” or “healthcare professional” (as applicable)) by Global Kinetics UK Corporation Limited, and its affiliates, registered in the United Kingdom, with registered office at Office 7, Floor 2, Export House, 5 Henry Plaza, Victoria Way, Woking GU21 6QX, United Kingdom (“we” “our” or “us”).
BY REGISTERING AN ACCOUNT AND ACCESSING AND USING THE APP, YOU AGREE TO COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY (LOCATED HERE) WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS. YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND US (AND, IF RELEVANT, ANY ORGANISATION ON WHOSE BEHALF YOU ARE ACTING). IF YOU ARE ACTING ON BEHALF OF AN ORGANISATION, YOU CONFIRM THAT YOU HAVE THE REQUISITE AUTHORITY TO BIND THAT ORGANISATION. IF YOU (OR, IF RELEVANT, YOUR ORGANISATION) DO NOT AGREE TO ALL OF THESE TERMS (OR IF YOU DO NOT HAVE THE RIGHT TO BIND YOUR ORGANISATION), YOU ARE NOT PERMITTED TO ACCESS OR USE THE APP AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS.
Eligibility
The App is available for use by individuals aged 18 and over. The App is designed for use by patients, their caregivers and healthcare professionals (“HCPs”) (including clinics) in the monitoring and management of the treatment, progress and effectiveness of prescribed therapies for people with Parkinson’s disease.
The App is intended for use by users in the United Kingdom. By using the App, you represent and warrant that you are a resident of the United Kingdom. We do not make any representations or warranties regarding the availability, legality or use of the App outside of the United Kingdom and we will not be liable for any use of the App outside the United Kingdom.
Registration and Account
To use the App, users must first create an account by providing the necessary registration information, including name, phone number and email. To utilise the features of the App users will be asked to enter additional information including for patients their height, weight, gender, date of birth and year of Parkinson’s disease diagnosis.
Caregivers will receive an invitation from the patient to connect via the App. The patient will provide us with caregiver’s contact details (phone number and email address) so that we can send an invitation link. The patient acknowledges that he/she has the consent of the caregiver to provide such caregiver personal data to us.
Users agree to keep account and password secure and confidential and will notify us immediately of any unauthorised access or use.
Disclaimer
User Roles
Patient Data Sharing
A patient may invite a caregiver or HCP to connect to their App account and direct us to share or make available their information with these third parties. The patient consents to us sharing their health and other information in the App with the invited caregiver and/or HCP. The patient can revoke this access at any time by removing the caregiver or HCP from their account.
If you are an HCP accessing information made available to you by a patient user, you agree to comply with all applicable laws in your processing of that patient’s personal data.
Data Collection and Use
The App collects, processes and provides access to personal and health-related data, including sensitive data, as follows:
By using the App, you consent to the collection and processing of your personal data and data concerning health for the purpose of providing the services offered by the App in accordance with, and as further set out in, our Privacy Policy.
Premium version and subscription
The App may offer a premium version with additional features and functionality for a fee. By subscribing to the premium version, you agree to pay the applicable subscription fees as set out in the App. Subscription fees are billed on a recurring basis (e.g. monthly or annually) and you may cancel the subscription at any time through your account settings. All payments are non-refundable, except where required by law. The premium version is subject to these Terms and any additional terms and conditions that may apply to the subscription.
Licence, Copyright and Use
All material, information, content, data, graphics, images, trademarks, photographs (except those uploaded to the App by a user) and software (“Material”) on the App is owned by us, our affiliates or our licensed source. The compilation of Material on the App is owned exclusively by us. We grant you a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to: (1) download and install the mobile version of the App on your mobile device and/or tablet; and/or (2) access and use the App provided that you do not modify the App or any Material.
You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation or derivative work from the App; (3) violate any applicable laws, rules or regulations in connection with your access or use of the App; (4) engage in any activity that may harm or disrupt the functionality of the App; (5) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or our licensors; (6) use the App for any revenue-generating or commercial enterprise or other purpose for which it is not designed or intended; (7) use the App for creating a product, service or software that, directly or indirectly, competes with or in any way is a substitute for the App; or (8) without our prior agreement, use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the App.
[Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an ‘App Distributor’) to access the Services: (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in these Terms or as otherwise required under applicable law and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; and (3) you must comply with applicable third-party terms of agreement (including those of the applicable App Distributor when using the App.]
Third-Party Services and Data
The App may contain links to websites operated by third parties (“Third Party Sites”). Third Party Sites are not under our control and we are not responsible for, and do not endorse, those Third Party Sites. You access and use Third Party Sites at your own risk.
Data Hosting and Access
User data is hosted on servers based in the United Kingdom. We take reasonable steps to ensure that data is stored securely and in compliance with applicable data protection laws.
By using the App, you acknowledge that your personal data may be accessed by our staff and third-party contractors in countries that are not subject to an adequacy decision. We have implemented appropriate safeguards, using the UK Addendum to the Standard Contractual Clauses, to protect your data during such access.
If you access the App from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the App, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.
Analytics and Insights
The App may provide analytics and insights based on the data entered by a user, including but not limited to trends in symptoms, medication effectiveness and physical activity. These insights are subject to the ‘Disclaimer’ section within these Terms. The insights are for informational purposes only and should not be considered medical advice.
Contribution Licence
You agree that we may access, store, process and use any information and images that you provide and your choices (including settings) within the scope of the App’s functionality for the period for which you have an active account. By submitting suggestions or other feedback regarding the App, you agree that we can use and share such feedback for any purpose without compensation to you.
Term and Termination
Your access to the App will remain active as long as you have an account and comply with these Terms. We may suspend or terminate your access to the App if you breach any provision of these Terms or if we no longer provide the App. You may terminate your account at any time by requesting the deletion directly from the mobile version of the App by accessing your profile and then accessing the ‘Preferences’ section.
Warranties
The App is provided “as is” and “as available,” and to the extent permitted by applicable law, we make no representations, warranties, or guarantees, whether express or implied, with respect to the accuracy, completeness, security, fitness for a particular purpose or reliability of the App or any content, information or materials provided through the App. We do not warrant that the App will meet your specific requirements or expectations or that it will be uninterrupted, error-free or free from viruses or other harmful components.
Limitation of Liability and Indemnity
To the fullest extent permitted by law, we exclude all liability for any indirect, incidental or consequential loss, costs, damages or expenses arising from your use of the App, including but not limited to loss of profits, loss of data, loss of use or loss of business opportunities. Our total liability to you, for any claims arising from or related to the App (whether in contract, negligence or any other tort, under any statute or otherwise) will be limited, in the aggregate, to: (1) one hundred pounds (£100); or the amount you paid for the App (if a premium subscription is used) in the 12 months preceding the event giving rise to the claim, whichever is greater. This limitation does not apply to liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded by law.
You agree to indemnify, defend and hold us harmless from and against any claims, losses, damages, costs or expenses arising from or related to your use of the App or violation of these Terms. This indemnity shall apply irrespective of whether such claims are brought by a third party or arise from your own use of the App.
Changes to Terms
We reserve the right to modify or update these Terms at any time. Any material changes will be communicated to you by email and will become effective 30 days after notification. Your continued use of the App after such changes will constitute your acceptance of the updated Terms. You should check these Terms periodically for changes.
Entire agreement
These Terms and the Privacy Policy constitute the entire agreement and understanding between you and us on everything connected with the subject matter of these Terms and supersede any prior agreement or understanding on anything connected with that subject matter.
Waiver and severability
Our failure, delay or indulgence in exercising any power or right conferred by these Terms will not operate as a waiver of that power or right.
If any provision of these Terms is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision will be deemed deleted. Any modification to or deletion of a provision under this clause will not affect the validity and enforceability of the rest of these Terms.
Governing Law
These Terms shall be governed by the law of England and Wales and you agree that the English courts will have exclusive jurisdiction to settle any dispute or claim between you and us regarding these Terms or the App.
Survival
The provisions of these Terms which by their nature are intended to survive termination or expiration, including but not limited to the indemnity, limitation of liability and governing law, shall survive such termination or expiration.
Contact Us
For any questions or concerns regarding these Terms or our Privacy Policy, please contact us at: