Terms of Use

1. THESE TERMS

These Terms apply to all users (including you) of,and explain how you may use,our website (www.nepesmo.com) or any part of it (the Site).

You should read these Terms carefully before using the Site.

By accessing or using the Site, you are agreeing to these Terms, along with our Privacy Policy (accessible here] ).

If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

Any reference to these Terms shall include all of these terms (as applicable).

2. WHO WE ARE AND HOW TO CONTACT US

Who we are.The Site is owned and operated by NEPeSMO Limited (our, us or we), a company registered in England and Wales (company number 11071606).

How to contact us. To contact us, please email info@nepesmo.com or telephone our customer service team on + 44 (0) 161 817 8080.

We may contact you by email to the email address provided by you to us, by written communication to the postal address provided by you to us or by a general notice on the Site.

3. USING THE SITE

The Site can be accessed worldwide, however if you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

4. COPDPredict™

Please note, nothing in these Terms applies to our obligations to supply or liability in respect of our products or services (including, without limitation, COPDPredict™). Those productsand services are supplied to healthcare providers under our terms and conditions of supply and/or software-as-a-service agreements. Patients will be granted access to those products by their healthcare provider.

5. YOUR PERSONAL INFORMATION

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

Our Privacy Policy is accessible here .

6. CHANGES TO THESE TERMS

We may amend these Terms from time to time. Every time you wish to use the Site, please check these Terms to ensure you understand the Terms that apply at that time. Any change will be effective immediately when the revised Terms are posted on the Site. It is your responsibility to check these Terms from time to time to verify such changes. You should stop using the Site if you do not agree to any changes.

These Terms were most recently updated in July 2020. We recommend that you print and keep a copy of these Terms.

7. CHANGES TO THE SITE

We may update and/or make changes to the Site from time to time, for example, to reflect changes in your needs and/or our business priorities, security updates or any legal or regulatory changes.   If you are not happy with the proposed changes, then you can stop using the Site.

8. SUSPENDING OR WITHDRAWINGTHE SITE

We do not guarantee that the Site, 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 the Site for any reason, including for business, operational, technical or security reasons.

9. ACCEPTABLE USE POLICY

Our Acceptable Use Policy (set out in this section 9) is designed to prevent fraud and to ensure that everyone who wishes to use the Site is able to do so safely and fairly.

Prohibited activities. You are not permitted to (or permit anyone else to):

  • use the Site in any unlawful or fraudulent way and/or for any unlawful, fraudulent or inappropriate purpose;
  • post or transmit a message under a false name or use our network resources to impersonate another person or misrepresent authorisation to act on behalf of others or us;
  • distribute chain letters or unsolicited bulk electronic mail via the Site, to us or to any third party allegedly on behalf of the Site;
  • attempt to undermine the security or integrity of our computing systems or networks or any sites accessed through or via the Site, and you must not attempt to gain unauthorised access;
  • harvest or collect data about any other individual who uses the Site;
  • post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Site;
  • tamper, hack, spoof, copy, modify or otherwise corrupt or attempt to gain unauthorised access to the administration, security or proper function of the Site, or the server on which the Site or related materials are stored or any server, computer or database connected to the Site. You will not use robots or scripts with the Site;
  • attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by this the Site;
  • upload or provide any information to the Site in breach of any third party’s intellectual property rights and/or any obligation of confidentiality or contractual duty owed to any third party; or
  • reproduce, duplicate, copy or sell any part of the Site in contravention of the provisions of our Terms.

Breaching thisAcceptable Use Policy. When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate. This may result in our taking all or any of the following actions (at our sole discretion):

  • deletion of any information provided by you that we deem in our sole discretion to be fraudulent, abusive, defamatory, obscene or in violation of any third party intellectual property right;
  • issue of a warning to you;
  • legal action against you; and
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

10. HYPERLINKS AND THIRD PARTY SITE

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

11. DISCLAIMERS

Content Disclaimers: Any information on the Site or in any communications from us is for general educational and informational purposes only and is not intended to amount to advice on which you should rely. 

Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.  We accept no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such information.

General Disclaimers: We make no warranty that the Site will meet your requirementsor that defects, if any, will be corrected. We are not responsible for transmission errors or any corruption or compromise of data carried over local or interchange telecommunication carriers.

We care about the security of our users. While we work hard to protect the security of your information, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures or that the Site will be free from bugs or viruses. You are responsible for configuring your devices in order to access the Site. You should use your own virus protection software.

12. HOW FAR WE ARE RESPONSIBLE

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 these Terms 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.

When we do not exclude or limit our liability in any way. We do not limit our exclude or limit our liability to you when it would be unlawful to do so. This includes liability to compensate you for: death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.

Inability to use the Site / reliance on any content.  Subject tothe last paragraph above,we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising in connection with:

  • inability to use the Site; or
  • use of or reliance on any content displayed on the Site.

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; epidemics or pandemics; breakdown of systems or network access; or flood, fire, explosion or accident.

13. TERMINATION

Our right to terminate. We may terminate your right to use the Site if you breach any of these Terms.

Your right to terminate. You may cease using the Site at any time.

14. INTELLECTUAL PROPERTY

We are the owner or the licensee of all intellectual property rights in the Site, and in any text, images, video, audio or other multimedia content, software or other information or material on the Site. These works are protected by laws and treaties around the world. All such rights are reserved.

Intellectual property rights means rights such as: copyright, trade marks, 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).

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

You may print off copies, and may download extracts, of any page(s) from the Sitefor your personal (non-commercial) use. You must not modify paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

If you print off, copy or download any part of the Site in breach of these Terms or otherwise breach our intellectual property rights, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

15. OTHER IMPORTANT TERMS

Transferring our rights and obligations 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 you have with us.

Transferring your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

Nobody else has any rights under these Terms. No other person except you and us shall have any rights to enforce any of these Terms.

Illegal and unenforceable terms. Each of the sections and paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Delays in enforcing these Terms. 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 breaching these Terms, 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.

Which laws apply to these Terms. These Terms are governed by English law and you can bring legal proceedings in respect of the Site in the English courts. If you live in Scotland you may alternatively bring legal proceedings in Scotland. If you live in Northern Ireland you may alternatively bring legal proceedings in Northern Ireland.