TERMS AND CONDITIONS

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Welcome to the HealthMary app. Please take a moment to carefully review these Terms and Conditions, as they will govern your experience while using our Services.

By accessing this platform, registering an account, or utilising any of the services provided, you (“You”) are acknowledging and agreeing to the terms outlined below.

Should you not agree with these terms, we ask that you refrain from creating a HealthMary account or using our Services. Your understanding and cooperation are greatly appreciated.

We are committed to protecting your privacy. Our privacy policy is available at [URL]. By agreeing to these Terms and Conditions, you also agree to the terms in our privacy policy.

AGREEMENT TO OUR LEGAL TERMS

We are HealthMary Ltd (“Company”, “we”, “us”, or “our”), a company registered in England at Suite G04, 1 Quality Court, Chancery Lane, London WC2A 1HR.

We operate the mobile application HealthMary (the ‘App’), as well as any other related services that refer or link to these legal terms.

At HealthMary, we recognise the unique and pressing challenges that women encounter in their healthcare journeys, and we are determined to make a difference. Our mission is to ensure women can thrive in their health and well-being. We aim to break down the barriers that often hinder women from prioritising their health whilst juggling other responsibilities. What we are offering is a solution that allows women to access and deliver healthcare effortlessly through a secure, data-protected environment where users can connect with a range of high-level female experts for a holistic approach to health.

Please do not use our Services as a substitute for emergency services. In case of an urgent situation, or you develop significant symptoms, please call your GP and/or the appropriate emergency services immediately.

You can contact us by phone at 447702781670 or by email at contact@healthmary.co.uk.

This is a legally binding contract between you and HealthMary Ltd and your use of our App indicates that you have read and accepted these Terms and Conditions and you warrant that you have legal capacity to accept these Terms and Conditions.

1. Interpretation

1.1

By using the term ‘identify as female’ HealthMary is explicitly acknowledging that it values diversity and inclusion and welcomes all individuals – both users and health providers – who identify as female to our platform and services.

2. License

2.1

We grant you a non-exclusive, royalty-free, revocable, non-transferable right and license to use our Website and App for your personal use in accordance with these Terms and Conditions.

3. Our intellectual property rights

3.1

Our Website and App contain material which is owned by or licensed to us and is protected by English and international laws, including without limitation the trademarks, trade names, software, content, design, images, graphics, layout, appearance and look of our Website and App.

3.2

We own the copyright which subsists in all creative and literary works displayed on our Website and App.

3.3

As between you and us, we own all the intellectual property rights in our Website and App and nothing in these Terms and Conditions constitutes a transfer of the ownership of any intellectual property rights to you.

Your use of our Website and App does not grant you a license, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on our Website and App without the express written permission of the owner.

4. Content

We allow you to post and/or access Content on our App. You are solely responsible for any Content that you post on our App.

When you add Content or post to our App, you:

warrant that you have all necessary rights to post the Content;

ii.

grant us a perpetual, non-exclusive, royalty-free, irrevocable and transferable right and license to use the Content in any way (including without limitation reproducing, changing and communicating the content to the public) and permit us to authorize any other person to do the same; and

iii.

consent to any act or omission by us or authorised by us which would otherwise constitute an infringement of your moral rights, and if you add any Content in which any third party has moral rights, you must ensure that the third-party consents in the same manner.

5. Prohibited Activities

5.1

You must not:

(a)

use our App for any activities, or post or transmit any material from our App

(i)

unless you hold all necessary rights, licences and consents to do so;

(ii)

that infringes the intellectual property or other rights of any person;

(iii)

that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(iv)

that defames, harasses, threatens, menaces or offends any person;

(v)

that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or

(vi)

that would bring us, or our App, into disrepute;

(b)

use our App to transmit, distribute, post or submit any information concerning any other person or entity without their permission (including without limitation photographs, personal contact information or credit card details);

(c)

use our App to send unsolicited messages to other users;

(d)

perform any acts which would damage, interfere with or inhibit the use of our App;

(iv)

use or attempt to use any engines, software, tools, or other mechanisms (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the commonly recognized search engine and agents and other generally available third-party web browsers;

(v)

attempt to decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of our App;

(e)

engage in any screen scraping or data acquisition and consolidation;

(vi)

alter or modify, or attempt to alter or modify, any of the code or material on our App;

(vii)

cause any of the material on our App to be framed or embedded in another website;

(viii)

create derivative works from the contents of our App; or

(f)

advocate, encourage or assist any third party in doing any of the foregoing.

(g)

We reserve the right to amend or delete any and all content and to block you from our App if we believe that there is a violation of these Terms and Conditions.

(h)

We respect the intellectual property rights of others and if we believe that any content you post infringes upon the Copyright of others, we have the right to remove such content and block you from our App.

6. ACCESSIBILITY

6.1

HealthMary enables you to search for healthcare providers by their specialties, location, and availability through our App. By accessing and using the HealthMaryApp, you grant us permission to provide you with these valuable services.

6.2

We reserve the right to restrict or terminate access to the App in certain situations, such as when there are violations of our terms and conditions or potential security concerns. We encourage all users to utilise the App responsibly and refrain from any misuse or unlawful activities.

6.3

While we take utmost care to ensure the safety and security of our platform, we do not accept liability for any viruses, malware, or technological failures that may impact your devices or data. We recommend using up-to-date security measures and caution while browsing the internet to protect your own online experience. Your access to the HealthMary App signifies your agreement with these terms.

6.4

Whilst we take all reasonable steps to minimise any delays and interruptions to your use of our Website and App, we cannot warrant that our Website and App will be available at all times or at any given time.

5.5

We are not responsible for any delays or interruptions which affect your ability to use our Website or App.

6.6

We may, at any time and without notice, discontinue our Website or App, and we are not responsible for any loss, cost, damage or liability which may result from such discontinuance.

7. USER CONSIDERATIONS

7.1

The HealthMary App offers information to assist you in making informed healthcare decisions. The information we hold on Healthcare Providers are provided to us directly by the healthcare providers themselves.

7.2

7.3

We ask for qualifications at the time of onboarding Healthcare providers and we expect, but cannot guarantee, the active maintenance of licenses for their respective specialties as required by law to operate on our App.

7.4

The information provided on the App is not represented, guaranteed or warranted by HealthMary, neither do we endorse or recommend any medical and professional advice provided to you by the Healthcare Providers. It is your responsibility to do due diligence and ensure that you have researched and are satisfied with your choice of health provider.

7.5

HealthMary is not accountable for the terms, restrictions, or charges that may arise when users and healthcare providers interact with each other.

7.6

HealthMary is not liable for the outcomes (satisfactory or not) of your client (patient)- provider (doctor) relationship. We do not accept any responsibility for any errors, harm or unsavoury events and outcomes as a result of your interactions and engagement with a health provider.

8. HEALTHCARE PROVIDERS TERMS OF USE

8.1

Healthcare providers using the HealthMary platform are expected to adhere to specific terms and responsibilities to ensure the well-being and trust of our users. These terms include:

(a)

Healthcare providers must ensure that the content and information they provide on their profiles are true and accurate, reflecting their qualifications and capabilities as specialists in their respective fields.

(b)

Healthcare providers should possess the correct qualifications, licenses, and insurance as required by law to practice their specialty. This includes maintaining active and up-to-date licenses and insurance coverage.

(c)

Healthcare providers must offer and deliver medical or therapy services that align with their professional experience and qualifications, and they should not engage in practices beyond their areas of expertise.

(d)

Healthcare providers should regularly update and maintain the information on their HealthMary profiles to ensure it remains current and accurate.

(e)

Healthcare providers should ensure that their medical practice and any individuals they employ comply with all relevant healthcare laws and regulations.

9. THIRD-PARTY LINKS

Our Website and App may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by us. We do not endorse or sponsor any such third-party sites, information, materials, products or services unless we have specified that we do so.

If you access any third-party website, service or content via our Website or App, you do so at your own risk. We will have no liability arising from your use of or access to any third-party website, service or content.

10. DISCLAIMER

10.1

HealthMary recognises the importance of setting clear boundaries regarding our liability. While we strive to provide a secure and valuable healthcare platform, it’s essential to understand that our liability is limited in certain circumstances:

(a)

We do not guarantee the accuracy, completeness, or up-to-dateness of the information provided on our platform. Users should use the content for informational purposes and seek professional medical advice when making healthcare decisions.

(b)

HealthMary is not responsible for the interactions, agreements, or outcomes that occur between users and healthcare providers on our platform. We act solely as a facilitator of connections.

(c)

The content and actions of healthcare providers are their responsibility. While we set guidelines and expectations, the healthcare providers themselves are accountable for the accuracy and quality of the services they offer.

(d)

We are not liable for any technological failures, interruptions, or issues that may affect your access to our platform.

11. INDEMNITY

11.1

You indemnify us for all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses) incurred or suffered by us and any of our officers, employees or agents, which arise out of or are connected to:

(a)

your use or access to our Website or App;

(b)

a breach of these Terms and Conditions by you; or

(c)

any wilful, unlawful or negligent act or omission by you.

11.2

The indemnity under clause 9.1 will survive the termination of these Terms and Conditions.

12. BREACH

12.1

If you breach these Terms and Conditions, notwithstanding any other rights we may have, we may, without notice to you, deactivate your account and block from our Website and App.

13. WAIVER

13.2

If we fail to exercise or delay in exercising the right, power or remedy, we do not waive the right, power or remedy.

13.2

If we do not act in relation to a breach by you of these Terms and Conditions, this does not waive our right to act with respect to that breach or subsequent or similar breaches.

14. ENFORCEABILITY

14.2

If any provision of these Terms and Conditions is found to be illegal, invalid or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Terms of Use in that jurisdiction. This will not affect the remainder of the remaining provisions.

14.2

We are obligated, and reserve the right, to report (without any prior notice to you) to appropriate Authorities if we detect, or perceive, them as criminal or in breach of any laws and regulations.

15. GOVERNING LAW

These Terms and Conditions are governed by and construed in accordance with the English law for the time being in force in the UK and you, by agreeing to these Terms and Conditions, are deemed to have submitted to the non-exclusive jurisdiction of the courts of the UK and courts of appeal from those courts.

Our Website and App may be accessible from outside of the UK. We make no representation that our Website or App complies with the laws (including intellectual property laws) of any country outside the UK. If you access our Website or App from outside the UK, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Website or App.