Terms Of Use

Effective Date: October 28, 2019
Welcome to the Vivan Therapeutics website, owned and operated by My Personal Therapeutics Ltd (trading as “Vivan Therapeutics”), incorporated in England and Wales under company number 11520777, with registered address Unit 3, Part First Floor, The Westworks, White City Place, 195 Wood Lane, London, United Kingdom, W12 7FQ (“MPT”, “us”, “we”, or “our”).

These Terms of Use (“Terms of Use”) govern your access to and use of the MPT website and the Personal Discovery Process (“PDP”), which may also include access to your PDP results (the “PDP Services”), so please read them carefully before using any part of the PDP Services.

MPT operates the PDP Services and makes certain features of the PDP Services available to individuals. By accessing the PDP Services, you are agreeing to be bound by these Terms of Use and all applicable laws and regulations. If you do not agree with any of these Terms of Use, you are prohibited from using or accessing the PDP Services. The materials and information available through the PDP Services are protected by applicable intellectual property laws.

By using the MPT website and the PDP Services, 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 the MPT website or the PDP Services. We reserve the right to change these Terms of Use from time to time for any reason, which shall be effected by posting the updated Terms of Use here. Every time you wish to use the MPT website or the PDP Services, please check these this page to ensure you understand the terms that apply at that time. Your continued use of the PDP Services after any changes are posted constitutes your acceptance of the new Terms of Use.

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

Your Use of the PDP Services

Please note that we only provide the MPT Website and PDP Services for domestic and private use.

You may access the PDP Services by creating an account (“Account”), and may have received an email with a link or a token to create an Account. You agree that you will use any information that you use to gain access to the PDP Services (“Access Information”) correctly, in accordance with these Terms of Use, and for the exclusive purpose of accessing the PDP Services.

You are also responsible for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You will be fully responsible for all activities that occur under your Account, including activities of others to whom you have provided your username or password so please notify us immediately of any unauthorized use of your Account or any other breach of security.

‍How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Access of Information

‍The PDP Service is provided as an information resource only. Any information you obtain from using the PDP Service is not intended to be used by you for any diagnostic or treatment purposes. The PDP Services does not create a patient-physician relationship and should not be used as a substitute for professional diagnosis and treatment. Please consult your healthcare provider before making any healthcare decisions.

You agree not to access the PDP Services from insecure mobile devices, PCs or laptops, such as public internet kiosks found at airports and public libraries. You agree that you are using and will continue to use appropriate technical safeguards to secure the devices used to access the PDP Services, including up-to-date virus protection on PCs. You understand that if you print any Personal Information, there is a risk that the Personal Information might be inappropriately disclosed, and MPT cannot protect the security of printed documents. For more information about how your Personal Information is dealt with by us, please review our Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, this Web site or the PDP Services.

Age

You must be at least 18 years of age to use the PDP Services.

Use License

‍a. MPT grants you a personal, non-transferable, non-exclusive right to access and use the PDP Services and the materials available through the PDP Services subject to these Terms of Use. You may temporarily download one copy of the materials available through the PDP Services where the PDP Services expressly permits or provides for downloads, and you may print pages displayed by the PDP Services. As used herein, the term “material” means all information, result reports, text, images, data, links, software or other material accessible through the PDP Services, whether created by us or provided by another person for display on the PDP Services. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display or distribution (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any portion of the PDP Services;
iv. use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the PDP Services;
v. incorporate links to the PDP Services or frame any elements of the PDP Services within any other website;
vi. remove any copyright or other proprietary notations from the materials;
vii. obtain unauthorized access to any computer system through the PDP Services;
viii. introduce viruses, worms, Trojan horses and/or harmful code to any of the PDP Services;
ix. interrupt or attempt to interrupt the operation of the PDP Services in any way; or
x. transfer the materials to another person or “mirror” the materials on any other server.

b. This license, which includes without limitation all rights granted by MPT in this Section 5, shall automatically terminate if you violate any of these restrictions. Further, MPT may terminate all your rights under this Section 5 at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Intellectual Property

All materials and information available through the PDP Services are the sole and exclusive property of MPT and its affiliates, suppliers or licensors (the “MPT Entities”), and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The service marks and trademarks of MPT, including without limitation “MPT” and the MPT logos, and “Personal Discovery Process” are trademarks and service marks owned by MPT. Any other trademarks, service marks, logos and/or trade names appearing via our PDP Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner. If you provide us with any suggestions for improvements to our PDP Services or relating to any prospective products or PDP Services, be aware that any comments or suggestions you make to MPT are non-confidential and become the property of MPT, and you hereby grant to us a non-exclusive, irrevocable, perpetual, transferable, sublicensable (through one or more tiers) license to copy, use and modify such suggestions and to make, have made, use, import, offer to sell and sell any products or PDP Services incorporating such suggestions, without acknowledgment or compensation to you.

Entry of Financial Information

Financial Information requested of you may include payment data, (e.g., credit card numbers, expiration dates, identification numbers, billing addresses, etc.) that you provide to us via our payment entry system as part of the PDP Services. Your Financial Information is necessary for our legitimate interest in obtaining payment for the PDP Services, and we rely on this as a lawful basis to use and process your Financial Information.

Such Financial Information will be safeguarded and will only be accessed by authorized MPT employees or contracted third parties who provide PDP Services to MPT. For your security, our website is encrypted by using secure socket layer (“SSL”) encryption technology, employing a 128-bit encryption system. Again, please note that the transmission of information via the internet is not completely secure and we cannot guarantee the security of data transmitted to our website; any transmission is at your own risk.

When you pay for PDP Services by credit card, you represent and warrant that you are authorized to use such credit card, and you agree to pay all charges incurred by purchasing the PDP Services. You agree that we may transfer your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the PDP Services.

Viewing Results

You may access the PDP results after inputting the requested credentials. These Terms of Use solely govern your access and use of the PDP Services. Any information you obtain from your healthcare provider regarding your PDP results, should be discussed between you and your healthcare provider. Please consult your health care provider before making any healthcare decisions.

Scope of PDP Services

‍You are responsible for obtaining any equipment and Internet service necessary to access the PDP Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue the PDP Services in whole or in part, at any time and for any reason, without notice. The PDP Services may also periodically become unavailable due to maintenance or malfunction of computer equipment, for business and operational reasons. or for other reasons.

You are also responsible for ensuring that all persons who access the MPT website and the PDP Services through your Internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Do not rely on information on the MPT Website or from use of the PDP Services.

You understand that use of the PDP Services is voluntary and at your own risk. MPT and the PDP Services are not offering any medical advice as part of your use of the PDP Services. MPT does not provide any medical referrals or diagnoses for any medical conditions. MPT makes no guarantees of success of failure in any course of treatment to which you may consent after your use of the PDP Services.

The PDP Services are provided for general information only and MPT and the MPT entities do not warrant or make any representations concerning the accuracy, the likely results of the use, or reliability of the materials available through the PDP Services. They are not intended to amount to advice on which you should rely and MPT does not warrant that that the functions or PDP Services (including any downloading of material) provided by the PDPD Services will be effective, accurate, reliable, timely, complete, uninterrupted, secure or free of errors. Furthermore, MPT or the MPT entities do not warrant that the PDP Services or the server(s) that make the PDP Services available are free of viruses or other harmful components.

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the MPT Website or the PDP Services. We make no representations, warranties or guarantees, whether express or implied, that the MPT Website or the PDP Services are accurate, complete or up to date. We strongly recommend that if you have any question related to your health then please contact your healthcare provider.

The MPT Website and the PDP Services are provided “as is”.

The PDP Services and the materials available through the PDP Services are provided on an “as is” and an “as available basis”, and to the maximum extent permitted by applicable law, MPT and the MPT entities make no warranties expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or any other violation of rights.

Our responsibility for loss or damage suffered by you

‍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 and for fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations or other terms that may apply to the MPT Website and the PDP Services and any content contained within them.
‍
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 under or in connection with:
• use of, or inability to use the MPT Website and/or the PDP Services
• use of or reliance on any content displayed on the MPT Website and/or arising out of or in connection with the PDP Services

In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied through the MPT Website or the PDP Services, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Please note that MPT makes no warranties about the software of the and the functions made accessible through the Pdp Services or any other security associated with the transmission of personal information beyond its obligations under applicable data protection legislation. For further information about your privacy rights, please review our Privacy Policy.

Always use caution when giving out any personal identifying information about yourself, especially in an online environment.

Revisions and Errors

The materials available through the PDP Services could include technical, typographical, photographic errors, or other inadvertent errors or inaccuracies. We reserve the right, but without obligation, to make changes to document names and materials or to otherwise update or revise the PDP Services from time to time, though we are not obligated to do so. MPT does not warrant that any of the materials available through the PDP Services are accurate, complete, or current.

Communications with Us

We cannot guarantee the confidentiality of any communication or material transmitted to us via the PDP Services or e-mail. Accordingly, we suggest that you use caution when transmitting any information to us via such means. For example, you should not include confidential information about you (such as your Social Security number, National Insurance Number) or information about your health status, in any e-mail that you send to us. We hereby expressly disclaim any liability for damages resulting from third party interception of your communications with us via the PDP Services or via electronic mail. If you choose to send us any information via the PDP Services or via e-mail, you do so solely at your own risk.

Indemnification

‍By accessing or using the PDP Services or any materials or information available through the PDP Services, you agree to indemnify, hold harmless and defend MPT and the MPT Entities from any claims, demands, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ and expert fees, arising out of or resulting directly or indirectly from a claim by a third party that arises in connection with your use of the PDP Services or any materials or information available through the PDP Services, including without limitation, any content posted to or transmitted through the PDP Services, or publicly distributed on the web, your use of the PDP Services, your connection to the PDP Services, your violation of the Terms of Use or applicable law or your violation of any rights of another.

International

‍We make no representation that information provided by the PDP Services is appropriate or available for use outside the United Kingdom or from any other Member State of the European Union. Those who choose to access the PDP Services from outside the United Kingdom or outside of the European Union do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws and regulations.

Governing Law; Enforcement

If you are based in the United Kingdom, please note that these Terms of Use, their subject matter and their formation as well as the PDP Services and the MPT Website, are governed by English law.

You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are based in another Member State of the European Union, please note that that these Terms of Use, their subject matter and their formation as well as the PDP Services and the MPT Website, are governed by the law applicable in the country in which you are normally resident. If you are based in another Member State of the European Union, you and we both agree that the applicable courts of Member State in which you usually reside will have exclusive jurisdiction.

Dispute Resolution

‍We will try to resolve any disputes with you quickly and efficiently.

If you are unhappy with us please contact us as soon as possible.

If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you.

You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal available at: https://webgate.ec.europa.eu/odr/.

Miscellaneous

You may not assign or transfer these Terms of Use in whole or in part to any third party without the prior written consent of MPT. These Terms of Use shall bind and inure to the benefit of the parties to these Terms of Use and their respective successors, permitted transferees, and permitted assigns. MPT and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Use contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by MPT, and cannot be amended except by a writing signed by both parties or by MPT’s posting of an amended version of these Terms of Use available through the PDP Services. The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use shall continue to apply with respect to any access or use you have made of the PDP Services even after such access or use terminates. MPT reserves the right, in its sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Site at any time without prior notice or liability for any reason or no reason. MPT may change, suspend, discontinue or disable all or any aspect of the Service at any time, including the availability of any feature, database, or service, without prior notice or liability.

If you have any questions about these Terms of Use, please contact info@vivantx.com.