PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ZESTY PRODUCTS AND SERVICES

 

Zesty products and services consist of:

  • Zesty Consumer; a stand-alone clinic scheduling and booking application
  • Zesty Enterprise; an integrated suite of patient facing services
  • Zesty corporate web site

Zesty Consumer and Zesty Enterprise will be referred to as the Platform 1

These Terms are those of Zesty Limited and you will be bound by these by accessing or using the Platform or otherwise indicating your consent to them.

Zesty Limited (“Zesty”, “We”, “Us”) operate the Platform on behalf of specific Care Quality Commission Registered Providers (Providers) generally Hospital Trusts for you to manage your appointments, store a copy of your clinical records and other health and social care information.

The information about you which is collected and held on this Platform is controlled by these health and social care Providers and processed by Zesty as a third-party processor acting on the instructions of those Providers. Your information is not processed by Zesty for its own purposes.

Please check the Privacy Policy on the Provider service or on the Zesty web site for further information on how your personal information is processed.

Our Terms and Us

These Terms govern the rules for using this Platform or the Zesty Corporate Web Site.

Our Platform is operated by Zesty Limited. We are a limited company registered in England and Wales under company number 08294659 and have our registered office at C/O Office Space In Town, 20 St. Dunstan's Hill, London, England, EC3R 8HL.

To contact us, please email privacy@zesty.co.uk

Your use of the Platform

We permit you to use the Platform only for personal, non-commercial purposes and primarily for managing your appointments and other patient details. Use of the Platform in any other way, including in contravention of any restriction on use set out in these Terms, is not permitted. By accessing or using our Platform or otherwise indicating your consent, you confirm that you accept these Terms of use and that you agree to comply with them. If you do not agree to these Terms, you must not use our Platform.

We recommend that you print a copy of these Terms for future reference.

Restrictions on use

As a condition of your use of the Platform, you agree:

  • not to use the Platform for any purpose that is unlawful under any applicable law or prohibited by these Terms;
  • not to use the Platform to commit any act of fraud;
  • not to use the Platform to distribute viruses or malware or other similar harmful software code (as further outlined below);
  • not to use the Platform for purposes of promoting unsolicited advertising or sending spam;
  • not to use the Platform to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
  • not to use the Platform in any manner that disrupts the operation of our Platform or business or the website or business of any other entity;
  • not to use the Platform in any manner that harms minors;
  • not to promote any unlawful activity;
  • not to use the Platform to gain unauthorised access to or use of computers, data, systems, accounts or networks;
  • not to attempt to circumvent password or user authentication methods; and
  • to comply with the provisions relating to our intellectual property rights and software contained in our Platform below.

Other Terms

These Terms of use refer to the following additional terms, which also apply to your use of our Platform:

  • Our Cookie Policy , which sets out information about the cookies used on our Platform as approved by and on behalf of the health or social care Provider purchasing the Platform.

Changes to these Terms

We amend these Terms from time to time. Every time you wish to use our Platform, please check these Terms to ensure you understand the terms that apply at that time. By continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us.

Changes to our Platform

We may update and change our Platform from time to time to reflect changes to the services.

We may suspend or withdraw our Platform

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons or if you do not comply with any part of these Terms, or any policies to which they refer or any applicable law. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Our Platform is designed for users from the United Kingdom

We do not represent that content available on or through our Platform is appropriate for use or available in other locations. If you access the Platform from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code 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.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at privacy@zesty.co.uk

How you may use material on our Platform

Platform

We are the owner or the licensee of all intellectual property rights in our Platform (including its interface, design and functionality).

Published Material

Except for your medical records (as outlined below), the purchasing health or social care Provider is the owner or the licensee of all intellectual property in the material published on the Platform.

Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). All such rights are reserved. This means, for example, that we, the Provider or the licensee remain owners of them respectively, and free to use them as we, Provider or the licensee see fit.

Nothing in these Terms grants you any legal rights in the Platform other than as necessary to enable you to access the Platform. You agree not to adjust or try to circumvent or delete any notices contained on the Platform (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Platform.

Uploading or making your medical records accessible to our Platform

Any medical records you or your health or social care Provider upload or make accessible to the Platform will be considered confidential and proprietary to you. However, we may share any such information with your health or social care Provider if they choose to access your records as we are processing all information on the Platform, including the medical records, on behalf of the health or social care Provider as the data controller.

You retain all of your ownership rights in your medical records, but you grant us a limited licence to use, store and copy that content for the purpose of providing the Platform and to distribute and make it available to your health or social care Provider.

How we may use your personal information

The information about you which is contained on this Platform is controlled by your health or social care provider and processed by Zesty as a third-party processor. Please check your Provider’s Privacy Policy for further information on how they control and process your personal data.

Do not act alone on information on the Platform

Whilst we may make test results and other documents related to your health or social care available to you on our Platform, you must take advice before taking any significant actions on your health that you have not agreed with your clinician (doctor, nurse etc). If in any doubt, talk with the responsible clinician for the document you have received.

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.

We are not responsible for sites we link to

Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked sites or information you may obtain from them.

We have no control over the contents of those sites or resources and your use of a third party site may be governed by the terms and conditions of that third party site.

Our responsibility for loss or damage suffered by you

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

  • losses that;
    • were not foreseeable to you and us when these Terms were formed; or
    • that were not caused by any breach on our part;
  • business losses (such as loss of profit, loss of business, business interruption, or loss of business opportunity); and
  • losses to non-consumers.

You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Platform.

Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and Platform to access our Platform. You should use your own virus protection software.

You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co- operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

Rules about linking to our Platform

You agree that you will not post any link to our Platform on any third party site or in any electronic format. You acknowledge that the information and the details contained on the Platform are sensitive and not for public access.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Which country's laws apply to any disputes?

These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.


1 ‘Platform’ means the digital service; you may also hear it referred to by the term ‘patient portal’. It will have a different name in each Provider Trust that commissions it from Zesty Limited