Oncio app Terms & Conditions

Please read these terms and conditions carefully.


By downloading and using the app you agree to these terms and conditions, which are legally binding. if you do not agree to these terms and conditions you are not authorised to use or continue using the app and you should delete and uninstall the app.

Who we are and what this agreement does


We, Oncio CIC (Oncio, us, our or we) of The Old Yard Sunnyside View, Stockbridge Road, Kings Somborne, United Kingdom, SO20 6PH licence you to use the Oncio mobile application software, the data supplied with the software, and any updates or supplements to it as permitted in these terms and conditions (App) for your personal use so that you can inform yourself about your health condition and how to monitor and support your wellbeing. If you do not comply with the licence, or if you infringe any of our intellectual property rights or confidential information, we may suspend or terminate your licence and prevent you from using the App, or exercise any of our other rights in these terms and conditions, as well as exercising our other legal rights

App Store terms and conditions also apply

The ways in which you can use the App may also be controlled by the Google Play and Apple iOS’s rules and policies:

Apple IOS terms and conditions

Google Play terms and conditions

If you do not comply with the terms and conditions that apply between you and each of the app store providers, your ability to download, install, access or use the app may be limited, suspended, terminated permanently, or otherwise affected.

Legal disclaimer

Any information provided via the App is provided for general information only. The App does not offer advice on which you should rely and the information provided via the App does not constitute medical advice, treatment, professional diagnosis or opinion. You must obtain professional or specialist advice from your own physician or health professional before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.


If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice or discontinue medical treatment because of information provided in the App.

Operating system requirements


This App requires android or iOS device with a minimum of 4GB of memory and the Androidor iOS operating system, minimum Android version 9.0: Pie or iOS version 12. You will also need internet access to download the App and obtain updates.

Support for the App and how to tell us about problems


Contacting us (including with complaints)

If you think the App is faulty or misdescribed or wish to contact us for any other reason please email us at hello@oncio.org or write to us at Oncio CIC, The Old Yard, Sunnyside View, Stockbridge Road, Stockbridge SO20 6PH.


How we will communicate with you

If we have to contact you, we will do so by email, using the contact details you have provided to us.

Agreed terms and conditions

1. How you may use the App


1.1 In return for your agreeing to comply with these terms and conditions you may:


1.1.1 download or stream a copy of the App onto your mobile telephone or handheld device and view, use and display the App on such devices for your personal purposes only; and


1.1.2 receive and use any free supplementary software code or update of the App
incorporating "patches" and corrections of errors as we may provide to you.


1.2 You must be 18 or over to accept these terms and conditions and use the App.


2. You may not transfer the App to someone else


2.1 We are giving you personally the right to use the App. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.


3. Changes to these terms and conditions


3.1 We may need to change these terms and conditions to reflect changes in law or best practice or to deal with additional features which we introduce.


3.2 We will give you at least 30 days notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.


3.3 If you do not accept the notified changes you will not be permitted to continue to use.

4. Updates to the App


4.1 From time to time we may automatically update the App 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.


4.2 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.

5. If someone else owns the phone or device you are using


5.1 If you download or stream the App onto 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 conditions, whether or not you own the phone or other device.

6. You must keep your account details safe


6.1 You must treat your password for logging into your account on the App as
confidential. You must not disclose it to any third party.


6.2 We have the right to disable your account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.


6.3 If you know or suspect that anyone other than you knows your password, you must promptly notify us at support@oncio.org.


7. We are not responsible for other websites you link to


7.1 The App may contain links to other independent websites or resources which are not provided by us. Such independent sites or resources are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).


7.2 You will need to make your own independent judgement about whether to use any such independent sites or resources, including whether to buy any products or services offered by them.


8. Intellectual property rights


8.1 All intellectual property rights in the App and in all content, information and material made available to you via the App throughout the world belong to us (or our licensors). We grant you a non-exclusive, non-transferable, revocable licence to use the App in accordance with these terms and conditions.


9. Licence restrictions


9.1 You agree that you will:


9.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person;


9.1.2 not copy the App (except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security) or share any
information provided in the App with any other person;

9.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of them to be combined with, or become
incorporated in, any other programs, except as necessary to use the App on
devices as permitted in these terms and conditions;


9.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities: is not disclosed or communicated without Oncio’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; is not used to create any software that is substantially similar in its expression to the App; is kept secure; and is used only for the Permitted Objective;


9.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

10. Acceptable use restrictions


10.1 You must:


10.1.1 not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms and conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;


10.1.2 not use the App for any commercial use;


10.1.3 not infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these terms and conditions);


10.1.4 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;


10.1.5 not use the App in a way that could damage, disable, overburden, impair or
compromise our systems or security or interfere with other users; and


10.1.6 not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App

11. Uploading content to the App


11.1 Whenever you upload content to the App, you warrant that any such content
complies with the terms and conditions set out in clause 10, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be
responsible for any loss or damage we suffer as a result of your breach of warranty

.
11.2 Any content you upload to our App will be considered non-confidential and non- proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are
described in the section below titled “Rights you are giving us to use material you
upload”.


11.3 We have the right to remove any content you upload to the App if, in our opinion, your content does not comply with these terms and conditions.


11.4 If you wish to contact us in relation to content you have uploaded to the App and that we have taken down, please contact support@oncio.org.


11.5 You are solely responsible for securing and backing up your content.

12. Rights you are giving us to use material you upload


12.1 When you upload post content to the App:


12.1.1 you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user- generated content in connection with the service provided by the App and to use de-personalised content for audit and research purposes;


12.1.2 you grant a worldwide, non-exclusive, royalty-free, transferable licence for your healthcare provider (who is also a user of the App, and where, between you, you have agreed (via the App) that the healthcare provider can view your content) to use the content in accordance with the functionality of the App.

13. Availability


13.1 We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. We will not be liable to you if for any reason and at any time the App does not perform or is unavailable.


13.2 You may not be able to use the App if your device fails to meet the operating system requirements set out above.


13.3 We may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons.


14. Limitation of Liability


14.1 The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the Appstore site) meet your requirements.

14.2 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms and conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms and conditions, both we and you knew it might happen.


14.3 We do not exclude or limit in any way our liability to you 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.


14.4 If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.


14.5 Our maximum aggregate liability under or in connection with the App whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £10.00.


14.6 We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


14.7 We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.

14.8 We are not responsible for events outside our control. If our provision of the App is delayed by an event outside our control then we will take steps to minimise the effect of the delay.

15. Termination


15.1 We may end your rights to use the App at any time by contacting you if you have broken these terms and conditions in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.


15.2 If we end your rights to use the App:


15.2.1 You must stop all activities authorised by these terms and conditions, including your use of the App.

15.2.2 You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

16. Other terms and conditions


16.1 We may transfer our rights and obligations under these terms and conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.


16.2 You may not transfer your rights or your obligations under these terms and conditions to another person.


16.3 These terms and conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 for any other person to enforce any of the terms or conditions.


16.4 Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.


16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this 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.


16.6 These terms and conditions are governed by English law and you can bring legal proceedings in respect of the App in the English courts.

Contact information

If you have any questions or concerns regarding any aspect of this policy, wish to find out what data we hold about you, or would like to request the erasure of your personal data, please contact us using info@oncio.org