App terms and conditions

Effective from: 26th September 2021.

This App is owned and operated by Gout Scout Ltd of 78 Sutton Court Drive, Rochford, SS4 1JQ under company number 13548959 (“Gout Scout”, “us” or “we”). Please read these terms and conditions carefully, as by downloading, accessing or using the App or Services you are accepting that you are bound by the current terms and conditions in full.

1. IMPORTANT LIABILITY STATEMENT

NOT A HEALTHCARE PROVIDER: Gout Scout is not a healthcare provider and the App is not a medical device. Gout Scout only provides a tool to enable the User to log or view a range of information relating to the User’s gout attacks and uric acid measurements and this tool will not diagnose, treat, cure or prevent any health issues or make any recommendations concerning the User’s healthcare or treatment. 

The information available on or through this App and/or the Services supplied via or in connection with this App do not constitute medical advice and it is the User’s sole responsibility to seek the advice of a healthcare provider if the User has any concerns, or at any time the User feels unwell. It is also the User’s sole responsibility to determine, through obtaining appropriate medical advice, that such contents and services are suitable for the User. In any case, the User should consult a doctor before starting to use the App or Services. 

LIABILITY: Gout Scout will publish health and gout-related information such as tips, recipes, articles and product recommendations from time to time on the App or Site. This informational content may be developed either by Gout Scout or third parties (wherein the intellectual property rights in any third party materials vest in and belong to that third party or its licensors) and may be provided on a general or personalised basis, based on the information that has been provided to us. 

We will use reasonable care and skill in providing the informational content above and the Services to you. As long as we have done that, we make no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any such informational content (or Content) and, subject to the paragraph headed “the law” below, do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of you using or relying on any information on this App or Site or provided through any Service supplied by us to you. We remind you that Gout Scout is not a healthcare provider and it is the User’s sole responsibility to seek the advice of your healthcare provider if you have any concerns or the User at any time feels unwell.

ACCURACY OF INFORMATION: It is vital that you supply us with correct information about yourself (including any information supplied by you on the App or when creating an account). Some of the Services are based on that information and we cannot be liable for any incorrect information supplied to us by you. In order to continue to provide you with a high quality of service it is important that you regularly update the health information that you give to us. If you do not do this, the tools and content which we recommend to you may become unsuitable for you and the User (as applicable).

THE LAW: We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud, or for any other liability which may not by applicable law be excluded or limited and we do not do so and your statutory rights as a consumer are not affected.

DEVICES: Gout Scout is in no way responsible or liable for any Third Party Connectivity products, services or related data (including the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of that data) used in connection with your App/Services. You acknowledge that any Third Party Connectivity that the User uses in connection with the App and/or the Services are not part of the Gout Scout App and/or Service and are not controlled by Gout Scout and the User takes sole responsibility and assumes all risk arising from the User’s interactions with any use of or reliance on any Third Party Connectivity products, services or data. You also acknowledge that these terms and conditions and Gout Scout Privacy Policy do not apply to Third Party Connectivity – you are responsible for reading and understanding any terms and conditions and privacy policy that applies to your use of any Third Party Connectivity.

2. DEFINITIONS

The following definitions apply in these terms and conditions:

“App” means this application (and any update/upgrade to it) that Gout Scout makes available for download from any third party application store.

“User” means the individual who registers an account and uses the App, which may be you.

“User Content” means any content generated by the User in the course of the User using the App.

“Services” means any information and services provided by Gout Scout through or via the App for example, tools relating to symptom logging, uric acid logging, and a community forum.

“Site” means this website or replacement site(s) from time to time.

3. USE OF THIS APP

You may use the App for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the App for any commercial purpose including for selling any goods or services.

You must not use the App to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this App or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the App or damage or destroy the reputation of Gout Scout or any third party. All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of these terms.

The intellectual property rights in the App and Site and in any content of the App and Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) other than User Content (“Materials”) are owned by Gout Scout (or its third party licensors). Except to the extent expressly set out nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App or Site or using the Services.

Except to the extent expressly set out in these terms and conditions you are not allowed to make any copies of any part of any Materials, or remove or change anything on the App, include or create links to or from the App without Gout Scout’s written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies thereof.

Gout Scout accepts no obligation to monitor the use of the App or Site. However, Gout Scout reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Gout Scout will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

Gout Scout may change the format, content or features of the App, Site or Services from time to time with or without notice to you. You are not obliged to download the updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.

The Services are intended for use only by persons who are English speakers based in the UK and who are at least 18 years of age. By using the Services, you confirm to us that you meet these requirements and that, if you are under the age of 18, you have received permission from your parent or guardian before using the App or Services.

4. USER CONTENT

In Gout Scout’s community features, the User may create User Content and (only) the User may permit other Gout Scout Users as the User sees fit to read, reply and/or add to the User’s User Content.

You agree that, by submitting any User Content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in such User Content, provided that doing so is always consistent with your rights under Gout Scout’s Privacy Policy and applicable laws.

We do not screen User Content. However, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted to the App, at any time without notice to you.

5. YOUR PERSONAL INFORMATION 

Usage of your personal information is governed by Gout Scout’s Privacy Policy, which forms part of these terms and conditions. In the event that Gout Scout undergoes reorganisation or is sold to a third party, you agree that any personal information Gout Scout holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

6. LIABILITY

You are referred to the important liability statement at the top of these terms. Subject to that statement, you agree that your downloading, accessing and/or using this App and/or Services is on an “as is” and “as available” basis and at your sole risk. On that basis, except as expressly set out in these terms, Gout Scout does not enter into conditions, warranties or other terms in relation to the App or Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.

Subject to the important liability statement, Gout Scout is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.

7. PASSWORDS

You must create a log-on ID (such as a username and password or other identifier) in order to access or use the App and Services. You must treat such information as confidential, not reveal it to anyone else or permit anyone else to use your password and use the password only for such access and not for any other purpose. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

You shall cease using the password and exit the App immediately in the event of any failure or error in the operation of a password, and must notify Gout Scout of such failure or error. Also, you must cease to use and delete the password from any of your records upon expiry or termination of your membership for whatever reason.

Gout Scout reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Gout Scout promptly of any changes to your registration details.

8. SUSPENSION AND TERMINATION OF SERVICE 

Gout Scout may suspend the operation of the App for repair or maintenance work or in order to update or upgrade the contents or functionality of the App from time to time. Access to or use of the App or pages linked to it will be not necessarily be uninterrupted or error free.

Gout Scout may terminate the Services immediately in the event you breach any of these terms and conditions.

9. WARRANTIES 

Except as set out in these terms, and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.

10. GENERAL

Gout Scout may change these terms and conditions from time to time and will endeavour to notify you of any major changes by email (using the address you have provided us with).You should check these each time you revisit the App. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Gout Scout may delay enforcing its rights under these terms and conditions without losing them. You agree that Gout Scout may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.

These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

You may not transfer or assign any or all of your rights or obligations under these terms.

If you have any enquiries or complaints then please address them to: contact@goutscout.co.

11. THIRD PARTY PLATFORM PROVIDERS

Certain third party platform providers with whose devices and/or operating systems the App has / have been designed to be compatible oblige us to include certain additional provisions in these terms. These are set out at the end of these terms under “Additional Third Party Terms”. These provisions come from the relevant third party platform providers, not us. Third party application stores are operated by the relevant third party platform providers and / or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available. Also note that Apple, Google, and other such brands that may be featured with this App or Site are trade marks of the relevant trade mark owners.

Additional terms from third party platform providers

Apple

If the App that you download, access and/or use is downloaded from the App Store operated by Apple Inc. (“Apple”):

  • your licence to use the App is limited to a non-transferable licence to use the App on an Apple-branded device owned or controlled by you and as permitted by Apple’s usage rules published in its App Store terms of service, except that the App may be accessed, acquired and used by other accounts associated with you via Family Sharing or volume purchasing;

you acknowledge and agree that:

  • Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us, not Apple, using the Contacting us details in these terms;
  • we, not Apple, are responsible for responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation;
  • in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you;
  • to the maximum extent permitted by applicable law, Apple will have no other warranty obligations whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform to any warranty will be our sole responsibility and we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed;
  • in the event of any claim by a third party that your possession or use (in accordance with these terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
  • although these terms are entered into between you and us (and not Apple), Apple and its subsidiaries are third party beneficiaries of these terms and, upon your acceptance of these terms, Apple Inc. (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof;

you represent and warrant that:

  • you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
  • These flow-down terms were last updated based on the Microsoft App Developer Agreement v8.2 (14/2/2018) (https://docs.microsoft.com/en-us/legal/windows/agreements/app-developer-agreement), the Google Play Developer Distribution Agreement (26/2/2018) (https://play.google.com/intl/ALL_us/about/developer-distribution-agreement.html) and the Apple Developer Program License Agreement (26/2/2018) (https://docs.microsoft.com/en-us/legal/windows/agreements/app-developer-agreement). 
  • you are not listed on any United States Government list of prohibited or restricted parties; and
  • you must comply with any applicable third party terms of agreement when using the App, such as your mobile phone provider’s data usage agreement.

Google

If the App that you download, access and/or use is downloaded from Google Play:

You are allowed unlimited reinstalls of the App without any additional fee, provided that if the App is removed from Google Pay due to (a) an allegation of infringement, or actual infringement, of any third party Intellectual Property Right; (b) an allegation of, or actual violation of, third party rights; or (c) an allegation or determination that such Product does not comply with applicable law (collectively “Legal Takedowns”) then the App will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the App.

You may also be able to claim a refund from Google for purchases made in the App if you qualify under the Google Play refund policy at https://support.google.com/googleplay/answer/2479637?p=play_refund.

We grant to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the App. The “User” means you and may also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features.