NABLA APP - TERMS AND CONDITIONS

Date of Terms & conditions: 28th February 2022

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE APP

1. What these Terms cover

1. Welcome to the Nabla Services Ltd (Nabla/we/us) terms and conditions (the Terms). These Terms tell you the rules for using our Services (as defined below) through our app (the App). By using the App, you agree to be bound by the Terms and an agreement is formed between you and us.
2. These terms tell you who we are, how we will provide our Services to you, how you and we may change or end the agreement between us, what to do if there is a problem and other important information.
3. If you do not accept these Terms, do not use the App. If you use our Services but do not follow these Terms, we may cancel your account.
4. You should read these Terms alongside our privacy and cookies policy (Privacy Policy) available at https://www.nabla.com/docs/privacy-policy-care.
5. We recommend you print a copy of these Terms for future reference.

2. Who we are and how to contact us

1. Who we are. Nabla Services Ltd is a company registered in England and Wales. Our company registration number is 13441595 and our registered office is at 8th Floor South, 11 Old Jewry, London, EC2R 8DU. We are a subsidiary company of Nabla Technologies SAS, a company established and operating in France.
2. How to contact us. You can contact us by contacting us via the App, or by emailing contact@nabla.com.
3. How we may contact you. If we have to contact you we will do so in English through the App (either through a message or a notification), or by telephone or email using the contact details you have provided to us when registering on the App.

3. Registration on our App

1. You can register for our App for free. However in order to begin using our Services you will need to subscribe for our Services through the App (a subscription).
2. When we have confirmed to you by email your successful registration on the App, a contract will come into existence between us and you. Please note we reserve the right to decline any registration on the App for any reason.
3. The Services provided by us via our App are available to people resident in England  only and to persons aged 18 or over. Unfortunately, we are not able to provide our Services to individuals resident outside the UK, but if you are based in France you can use our French service at https://www.nabla.com/telecharger.
4. Our registration process requires you to provide your date of birth, telephone number, email address, the details of the general practitioner you are registered with and some initial information about your health. We will also require proof of your residential address before we can provide you with our Chat Services and/or Prescription Services.
5. By submitting your registration application you confirm that: (a) you are residing in England; (b) you are at least 18 years old; (c) the registration submitted by you is relating to you and not to anyone else; (d) the information submitted by you is true and accurate to the best of your knowledge; and (e) you consent to any doctors that you interact with sharing details of your consultation with your registered GP. Please let us know as soon as possible if any of the information provided during your registration changes.
6. If we have reasonable grounds to believe that any of the information provided by you, whether during the registration process or during the use of our App, is incorrect, we reserve the right to suspend or terminate your account with us and/or terminate our contract with you.
7. If you are provided with, or set up, a password or any other piece of information as part of our security procedures during your registration, you must treat such information as confidential. You should not disclose this information to any third party. If you know or suspect that anyone other than you knows such confidential identification or passwords, you must promptly notify us.

4. Nabla Services

1. What do we mean by the Services? Our services fall into three categories: (a)  chat consultation services (Chat Services); (b) prescription services for medicine prescribed via the App (Prescription Services); and (c) digital healthcare services (Program Services) (the Chat Services, Prescription Services and Program Services together, the Services).
2. In order to take advantage of the Services offered by us, you will need a subscription. If you want to register for a subscription you will need to provide us with your first and last name, a copy of a photo ID and your payment details following the instructions on the App. Your subscription will begin when we notify you of this in writing. We reserve the right to refuse to register any subscription for any reason.
3. Our Services are not intended to be used in a medical emergency. If there is a medical emergency please contact the emergency services immediately by calling 999.
4. Nabla may offer you additional services under these Terms from time to time. We will notify you through the App when such additional services become available.
5. Chat Services

1. We have arranged for a team of GMC-registered general practitioners, who are either independent contractors of Nabla or employees of CQC-registered third-party healthcare service providers (Clinical Professionals) to be available to answer questions about your health and wellbeing. Through the App, you can ask our team of Clinical Professionals questions, and we will allocate the right Clinical Professional to help you. You can then communicate with this Clinical Professional through non-real-time text-based chat messages in the App.
2. Our Clinical Professionals may give you a diagnosis, treatment plan or other recommendation or in relation to a question you have asked through the Chat Services. Our Clinical Professionals may also prescribe to you.
3. If you need specialist medical treatment, our Clinical Professionals may also refer you to a specialist private doctor. Our Clinical Professionals are not able to refer you to specialist doctors within the NHS, meaning that if you wish to receive specialist treatment within the NHS for a particular condition, you will need to visit an NHS GP for a referral.
4. All of our Clinical Professionals are based in the UK and are regulated by the General Medical Council (GMC) and the Care Quality Commission (CQC). They will provide you with the right level of care in accordance with the standards of practice set by the GMC and other regulatory bodies. You can view the professional profiles of our Clinical Professionals through the App . If you are unhappy with a Clinical Professional that has been allocated to you, or if you wish to change the Clinical Professionals allocated to you for any other reason, please contact us using the details above.
5. Please note that our Clinical Professionals may have different opinions in relation to some symptoms or medical conditions, and this does not mean that there is an error in our provision of the Chat Services to you.
6. Our Chat Services should not replace regular consultations with your usual GP, including in relation to any information we have provided to you. With your permission we can share information our Clinical Professionals have provided to you and your medical information with your usual GP.
7. When you use our Chat Services please follow any instructions or advice given to you by our Clinical Professionals, including in relation to any medicines prescribed or products recommended to you.
8. As part of the Chat Services our Clinical Professionals will ask you if you have had any bad or unexpected side effects as a result of any medicines prescribed to you or treatments you have received.
9. Please tell our Clinical Professionals and/or your GP if you have had any bad or unexpected side effects as a result of any medicines prescribed or treatments recommended to you through the Chat Services and/or Prescription Services.
10. Nabla retains a copy of all conversations between you and Clinical Professionals through the Chat Services for your safety and to fulfil our legal obligations.

6. Prescription Services

1. Our Clinical Professionals are able to prescribe medicines to you without an in-person meeting. Our Clinical Professionals follow best practice guidance in relation to prescribing medicines in accordance with their regulatory requirements and relevant professional obligations. It is the responsibility of the prescribing Clinical Professional to check each prescription being issued to you through the Prescription Services.
2. Our Clinical Professionals may refuse to prescribe medicines to you for any reason, including where they do not think it is safe for you to take these medicines. Our Clinical Professionals cannot prescribe certain medicines, such as high-risk medicines and/or controlled drugs.
3. With our permission our Clinical Professionals can share information about prescriptions being issued to you through the Prescription Services with your usual GP.
4. You will be sent your prescription via the App. You can choose to collect your prescribed medicine from any pharmacy that is local or otherwise convenient to you.
5. Our prescription fulfilment services are all provided by third parties and Nabla has no responsibility for any action or mistake made by any such third parties. You will need to contact the relevant third party directly for any questions or complaints about this service.
6. You will need to pay for any medication or medical device you are prescribed to the pharmacy which is fulfilling your prescription. The price for your prescription is set by the pharmacy you choose to use and is separate to any charges paid to Nabla. Nabla does not accept returns and cannot give refunds for any prescriptions fulfilled through the Prescription Services.
7. When using the Prescription Services, please keep any medicines prescribed to you safely and securely. Please do not allow any other individual to use them. Please do not use any medicines prescribed to which have passed the relevant expiry date. Please return any unused medicines to your pharmacy.

7. Program Services

1. Our Program Services provide text and video based information and advice on a wide range of matters relating to healthcare, wellbeing and nutrition. These services are intended to inform you about causes, symptoms, risks and options available to you, including some exercises you can easily undertake in your home.
2. We will use our best efforts to ensure that our Program Services are up to date. However our Program Services are not intended to: (a) act as a substitute for getting professional medical advice either from our Chat Services or your GP; and/or (b) provide you with a clinical diagnosis or any medical advice or treatment.

5. The App

1. Nabla reserves the right to update these Terms for any reason by posting the updated Terms on the App. We may not notify you about these updates, however if we make an update that affects your rights or what you need to do when using our Services, we will notify you in writing. When you access the App at any time in the future, such updated Terms then in force shall apply. You should check the Terms for updates each time you access the App. You can cancel your contract with us if you do not agree with any updates to the Terms and we will assume that your continued use of our Services means that you are happy with the updated Terms.
2. We may need to perform scheduled and unscheduled maintenance of the App from time to time. Where the App is unavailable we will do everything we reasonably can to ensure you can promptly resume using our Services.
3. Nabla does not guarantee that our Services and/or the App will always be available or be uninterrupted. We may suspend or restrict of availability of all or any part of our Services and/or the App for business or operational reasons. 
4. Nabla is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the App may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
5. We are not responsible for websites we link to and we have no control over the contents of those sites or resources. Where the App contains links to other sites and resources provided by third parties, we take no responsibility for these sites and resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. It is your responsibility to review any terms and conditions for any linked websites before you use them.

6. How to pay for our Services

1. Our Services are available on a subscription basis. The charges for the subscription are payable monthly in advance.
2. The monthly price for subscribing to the Services are as set out in our App      when you register. Our prices are exclusive of VAT.
3. This price may change at any time, but any such price change will not alter the price of your existing subscription period. We will give you at least 30 days’ written notice of any proposed change to your subscription price and you have the right to cancel your subscription if you do not agree to the proposed change.

7. How to cancel your subscription

1. You can cancel your subscription at any time either through the App or through the relevant third party application store from which the App was downloaded, or by contacting us at contact@nabla.com.
2. If you cancel your subscription for any reason within the first month of registering for our Services, we will refund you in full and you will no longer be able to use our Services.
3. If you cancel your subscription for any reason outside of the first month of registering for our Services, your subscription for the Services will terminate at the end of your current subscription period. We will not refund you any subscription charges you have paid to us, nor will we require any additional payment.

8. If we need to end our contract with you

We reserve the right to end our contract with you and immediately terminate your subscription if: (a) we reasonably believe that you have breached these Terms or any applicable law in relation to our Services; (b) you do not pay your subscription on time; (c) you have been rude or abusive to any Clinical Professional and/or any representative of Nabla; or (d) your actions have placed Nabla in a position where it may have breached any applicable law. Where we terminate your subscription under this clause, any unused amount of your current subscription period will not be refunded.

We also reserve the right to suspend or end the contract with you and terminate your subscription if we suspend the Services for operational or business reasons according to article 5.3. Where we terminate your subscription because of the suspension of the Services, we will refund you the subscription charges pro rata the remaining period of the subscription at the date of the suspension of the Services.

9. Use

1. Please ensure that any information provided in connection to our Services and/or the App to Nabla and/or any Clinical Professionals is accurate and in English.
2. We expect you, and all our users, to be polite and courteous to our staff and to the Clinical Professionals at all times.
3. You must not use our Services for any unlawful or improper purposes and/or any commercial purposes.
4. We will only use your personal information as set out in our Privacy Policy.
5. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software. We do not guarantee that the App will be secure or free from bugs or viruses.
6. All material on the App is the property of Nabla and/or its licensors and is protected by copyright and other intellectual property rights. You are authorised to view and download these materials for your personal, non-commercial use only.
7. You must not misuse the App 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 the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence and 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 subscription and your right to use the App will cease immediately.
8. You must not link to  any download page for the App (or frame the App on any other site) without our prior written authorisation.
9. Nabla reserves the right to at any time prevent you from using the App if we believe you are in breach of these Terms.

10. If there is a problem with the Services

1. Nabla works to provide you with the best level of service. However if there is something you are unhappy with, please contact us to speak about it.
2. How to tell us about problems. If you have any questions or complaints about the Services and/or the App, please contact us at contact@nabla.com or speak to our support team via the App. If we are unable to help you, we will signpost you to another appropriate body through which to pursue your concerns.

11. Our responsibility for loss or damage suffered by you

1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract 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 the contract was made, both we and you knew it might happen.
2. 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.
3. We are not liable for business losses. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4. We are not liable for any losses, or any failure or delay in the performance of any obligations under these Terms, due to any actions beyond our control including, but not limited to, epidemics, pandemics, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, loss or malfunctions or utilities, communications or computer (software and hardware) services.

12. Other important terms

1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms 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.
2. You cannot transfer your rights to someone else. Your account with Nabla is personal to you, you may not transfer your rights or your obligations under these terms to another person.
3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

4. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
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, 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. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If at the time you bring a claim you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If at the time you bring a claim you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.