These Terms of Use ("Terms") constitute a legal agreement between you and Vertex Pharmaceuticals (Europe) Limited, registered in England and Wales, reg. No. 02907620, with an address at 2 Kingdom Street, London W2 6BD, the United Kingdom, VAT No. GB636049634 (herein referred to as "Vertex") and its Affiliates stating the terms and conditions that govern your use of the CF MedCare software application ("App"). These Terms may be updated from time to time at the sole discretion of Vertex, in which case you will receive an update notice. For purposes of these Terms, "Affiliate" means a corporation or business entity which, directly or indirectly, is controlled by, controls, or is under common control with Vertex Pharmaceuticals (Europe) Limited.
BY DOWNLOADING AND INSTALLING THE APP AND CLICKING "I ACCEPT" OR USING THE APP, YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOUR AGREEMENT TO BE BOUND BY THE TERMS AND ANY REVISIONS THEREOF WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE APP.
If you do not agree to these Terms, you should not click "I accept" and may not access or use the App. If the App has already been downloaded and installed, you must immediately uninstall the App. Vertex reserves the right to refuse you access to this App should you not comply with any part of these Terms.
This App has been developed by Vertex as a tool to help cystic fibrosis patients and/or their caregiver(s) track which medications the patient has taken and at what time. The App and its contents is intended for informational purposes only and is not intended to replace any other efforts that you or your caregiver(s) are making to ensure that you take your prescribed medication at the correct times.
This App and its contents, including any reminder notifications or any other information delivered to you through use of the App is not intended to constitute professional medical advice or information, or to replace personal consultation with a qualified physician, pharmacist or other healthcare professional. You must always seek the advice of a healthcare professional for questions related to your disease, symptoms, medications and other treatments.
You acknowledge and agree that the App constitutes or contains proprietary information and intellectual property, including copyright work, owned by Vertex and protected by applicable intellectual property and other laws. You shall not modify, rent, lease, loan, sell, distribute or create derivative works based on the App in whole or in part. You shall not attempt to extract the source code of the App and you shall not translate the App into other languages.
The use of the App is at your sole risk. The App is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Vertex expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property rights.
Vertex makes no warranty or representation that (i) the App will meet your requirements, (ii) the App will be uninterrupted and available at all times, timely, secure, or error-free, (iii) the results that may be obtained from the use of the App will be accurate or reliable, and (iv) the quality of any services, information, or other material obtained by you through the App will meet your expectations.
No information obtained by you from Vertex or through or from the App shall create any warranty or other obligation not expressly stated in these Terms.
If using the App outside of an area with Wi-Fi, you are notified that your terms of agreement with your mobile network provider will apply. As a result, you may incur charges by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, you're accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming.
To the fullest extent permitted by applicable laws, and except in respect of death or personal injury arising from Vertex's negligence as determined by a court of law, Vertex hereby excludes liability for any claims, loss, demands, or damages of any kind whatsoever with respect to the App, and any information, or content provided or distributed through the App including, without limitation, direct, indirect, incidental or consequential loss, or otherwise and whether or not the possibility of such loss has been notified to Vertex.
These Terms constitute the entire agreement between you and Vertex and govern your use of the App, superseding any prior agreements between you and Vertex. The Terms and the relationship between you and Vertex shall be governed by, construed and interpreted in accordance with the laws of New South Wales, Australia - if you are domiciled in Australia or New Zealand, the laws of the Province of Ontario and the federal laws of Canada applicable therein - if you are domiciled in Canada, and the laws of England and Wales - if you are domiciled in any other country,. You and Vertex agree that any action or judicial proceeding concerning, relating to, or touching upon these Terms or your use of the App, shall be brought, unless otherwise is established by the applicable laws, to a court of law in the appropriate jurisdiction: the courts of New South Wales, Australia, - if you are domiciled in Australia or New Zealand, the courts of Toronto, Ontario, Canada - if you are domiciled in Canada, the English courts - if you are domiciled in any other country. In case of any claim arising from your use of the App, Vertex may represent its interests through Vertex Pharmaceuticals (Europe) Limited or through any of its Affiliates, as it deems appropriate and provided that it is in accordance with the applicable laws.
Any failure by Vertex to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the validity and enforceability of any such provision and of all other provisions of these Terms will remain in full force and effect.