Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the NeoMate mobile application and website (collectively, the “Service”) operated by NeoMate Limited (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users, visitors, and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.
Limitation of Liability
You acknowledge, and understand that the App is for use by professional neonatal staff only, and that it is intended to be used as a tool and guide to help treat babies more safely. The App is designed with safety functions in order to eliminate or reduce risks as far as possible. However, nothing in the App should be considered to be a substitution for medical expertise, experience and judgment.
In no event shall NeoMate, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its
The team behind NeoMate will endeavour to maintain the app to represent the latest guidelines and advice from London NTS. However, NeoMate does not warrant that the operation of the app is free from errors, and that the information contained within the app is accurate, complete, true and/or up-to-date. NeoMate and its associated organisations will not be liable to you or to any other person for any indirect, special, incidental, exemplary, consequential or other damages arising out of any use or misuse of the App, under any circumstances whatsoever.
NeoMate shall have no liability arising out of any use of the App for any loss or injury caused by errors, omissions or inaccuracies in the App. This includes any decision made as a result of reliance on the App or the information within it.
By using the app, you agree to indemnify and hold NeoMate harmless from any claim or demand, including costs and expenses, made by any third party as a result of your use or misuse of the App which is not in accordance with the instructions for use and/or under the conditions and/or for the purposes intended and any action you take which is or may be based on the information contained within the App.
The Service and its original content, features, and functionality are and will remain the exclusive property of NeoMate and its licensors. The Service is protected by copyright, trademark, and other laws of both the UK. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NeoMate.
Use of the Service
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorised access to the Service or any related systems or networks.
Our Service may contain links to third-party websites or services that are not owned or controlled by NeoMate. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that NeoMate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
This disclaimer shall be governed by the laws of England and Wales, and any dispute will be submitted to the English courts.