Evergreen Life terms of use

Website and app terms of use

Evergreen Life is the trading name for Evergreen Health Solutions Ltd (previously Ascent Health Solutions Ltd) (“Evergreen Life”, “we”, “us”, “our”).  Evergreen Health Solutions Ltd is a company registered in England and Wales with company number 09484935 and having its registered office at The Edge Business Centre, Clowes Street, Manchester, M3 5NA.

Please take time to read and digest how these Terms of Use apply to you according to the different situations explained below and highlighted throughout these Terms and Conditions:

  • As a ‘Visitor’, a visitor to our website evergreen-life.co.uk or our social media pages (eg Facebook)please see section highlighted in grey
  • As an ‘Evergreen Life User’, an individual who is a registered user of e-life.co.uk or has downloaded the Evergreen Life Personal Health Record     application (the “application”) - please see the green section

Our Services

The Services that we make available provide you with the ability to record your medical records and other data relating to your health (your “Health Data”). Further details about the Services that are made available to you or may be made available to you in the future, can be found on our website at www.evergreen-life.co.uk/features/. We also provide a dedicated customer support service.

From time to time we may make changes to the Services that are made available to you. This may be in the form of improvements and enhancements to the existing Services and the addition of new functionality. We may also remove certain Services at our sole discretion. Certain updates to the service may be mandatory and failure by you to install them may result in the Service no longer being available to you.

Your Privacy

Any data that we collect about you (including your Health Data) through your use of the Service is subject to the Evergreen Life Privacy Policy which, by agreeing to these Terms, you acknowledge that you have read and understood.

Creating an Account

In order to use the Service, we require you to create an Account by providing us with your name, email address and a strong password. You are responsible for all of the activity that occurs in association with your Account. Evergreen Life is not liable for any loss or damage that is caused to you due to your failure to maintain the confidentiality of your Account credentials. We recommend that you regularly change your password, particularly where you believe it may have been compromised.

Technical Requirements

Mobile

The Mobile App is currently only available to users who have an Android or iOS device which is internet enabled. The supported operating systems are as follows:

  • Android:    4.2 (and above)
  • OS:    iOS 8 (and above)

You will also need a minimum of 15MB of spare storage space on your chosen device. We may decide at our sole discretion at any time in the future to discontinue supporting any of these operating systems.

Even if your device adheres to the above technical requirements, we do not guarantee that the Mobile App will work on your device. These technical requirements may be updated from time to time as a result of updates that we make to the Mobile App.

Website

E-life.co.uk has been tested with the most recent version of the following browsers:

  • Google Chrome
  • Internet Explorer (9+)
  • Firefox
  • Safari

Your experience using e-life.co.uk will be improved by using the most recent browser available on your platform - with improvements in page layout and design, speed of access and accessibility options

Data Donor Programme

If you consent to participate in our Data Donor Programme, either when you initially create an Account with us or in the future, then you agree to us using and sharing your medical data as specified under the section titled “Data Donor Feature” of the Evergreen Life Privacy Policy.

GP Access Feature

The GP Access feature gives you the choice to access a snapshot of certain medical records held by your General Practitioner or doctor’s surgery (“GP”). This is a limited view of your GP record and may not include free text. Information that is considered to be sensitive or that existed before the setup of this service may not be available online

Your GP Practice may not have signed up to all Evergreen Life services and is able to activate and deactivate certain elements or all of the Evergreen Life service. This may apply to some or all patients. This may impact on your ability to use the service and if this happens you should take this up directly with your Practice. Evergreen Life has no control over how Practices decide to interact with the Evergreen Life services.

In the event that Evergreen Life becomes unavailable, you should always have other means of connecting with your GP Practice.

This feature is only available to you if the technical system of your GP matches our operating requirements. In order to use this feature, you will need to collect an Account ID and an Account Linkage Key (also referred to as ‘Linkage Key’ or Passphrase) from your local GP.

If you choose to use this feature, we will need to store a copy of the latest synchronised version of the GP record and certain additional information about you. This can be viewed under the section titled “GP Access Feature” of the Evergreen Life Privacy Policy.

When using the GP Access feature, please note that the following may cause distress or discomfort:

  • forgotten history – there may be certain information in your medical records which you have forgotten about;
  • abnormal results/ bad news – you may see a result or other information before you have spoken to the doctor; and
  • coercion – if you think you will be pressured into revealing details from your record against your will then please think again about whether you should use this feature.

Please note we only act as a platform between yourself and your GP. We cannot and do not have any method of verifying the accuracy of the information you view when using the GP Access feature. This includes for example any medication names or dosage which you may use for repeat prescriptions. We also do not have access to any information or messages provided or sent using this feature. We ask that you take extra care to ensure that the information is accurate with your GP. Any inaccuracies should be brought to the attention of your GP immediately.

Trusted Access

The Trusted Access feature gives you the option to give access to your selected data and/or your GP record with other persons through the mobile application. You can do this by submitting the other person's email address in the "Give Access to someone new" section. Once the other person has created their account with us and accepted your invite, they will be able to see the information you have chosen to give them access to. They will also be able to add entries into your PHR.

If you decide to use the Trusted Access feature, you acknowledge the following risks:

  • you can     choose to share parts of your record and keep other parts private;            
  • you are     responsible for ensuring that the email you have provided is correct for     the person you intend to give access to your information. We cannot verify     or check this;
  • we cannot prevent the email     address you submit on the "Give Access to someone new" section     being accessed by persons other than those whom you intend to give access     to your information;
  • we are not responsible for ensuring that the     other person to whom you have given access can keep your information     confidential and secure, and that it is appropriate to give them access to     such information;
  • we cannot and do not take any     responsibility for what the other person will do with your information,     for example:    
  • the other person may use      their own means to download, save or store your GP record;
  • the other person may      unintentionally or otherwise share your information with a third party;
  • we do not carry out any     checks or due diligence on the other person; and we cannot stop or force     any person to delete your information once you have provided them with     access.
  • You can change your Trusted     Access preferences at any time and the other person will stop having     access to your information via the Mobile App.

Where you give access to your GP record, your "GP Summary" will be shared with the other person in each instance.   Information within the "Consultations", "Medication", "Immunisations" and "Results" panels is shared according to the level of detail granted to you by your GP from time to time; we do not decide this.   If you are uncertain as to why your GP does not share any or all of your information within these categories, please refer to your GP.  The "Order Prescriptions", "Book Appointment", "Messaging", and "My GP Account" pages will not be accessible by the other person.

Support Services

If you are experiencing any issues with the Mobile App, then you can contact us through our website at https://e-life.co.uk/Help

Who can use Evergreen?

Anyone who is a resident of the United Kingdom that is [13] years of age or older and creates an Account can use the Service. However, we may terminate your use of the Service at any time as explained below under the “Termination” heading.

If you are under the age of [13] years (a “Child“), then you may only register for an account and use the Service if prior consent has been given by your parent or guardian, and they have agreed to these terms, as the party to this agreement, on your behalf.

Acceptable Usage

When using the Services, you shall:

a. only do so for your own personal benefit (or your Child’s personal benefit) and not for any commercial purpose;

b. comply with all applicable laws;

c. keep your username and password confidential and not share them with any other person;

d. not upload or allow anyone else to upload any viruses or malicious code to the Services;

e. not upload any content to the Service that:

i. is inaccurate or defamatory;

ii. contains any material that is obscene, offensive, hateful or inflammatory;

iii. promotes sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

iv. infringes any intellectual property right of any other person;

v.  be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

vi. promotes any illegal activity;

vii. constitutes an invasion of another’s privacy;

viii. be likely to harass, upset or embarrass another person

F. infringe our intellectual Property Rights

Scope of Your Licence

In consideration of you agreeing to abide by these Terms and upon you creating an Account with us we grant you a non-exclusive, non-transferable licence to use the Service in the United Kingdom for your personal use (or Child’s personal use) only.

You agree to that you will not:

a. copy the Service, except where such copying is incidental to normal use of the Service, or where it is necessary for the purpose of back-up or operational security;

b. rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the Service;

c. make alterations to, or modifications of, the whole or any part of the Service, or permit the Service or any part of it to be combined with, or become incorporated in, any other programs;

d. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of any Service, or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Service with another software program, and provided that the information obtained by you during such activities:

i. is used only for the purpose of achieving inter-operability of the Service with another software program;

ii. is not unnecessarily disclosed or communicated, without our prior written consent to any third party; and

iii. is not used to create any software that is substantially similar to the Service.

Our Intellectual Property

You acknowledge that all intellectual property rights in the Service anywhere in the world belong to us or our licensors. The rights in the Service are licensed and not sold to you and you have no rights in or to the Service, other than the right to use it in accordance with these Terms.

Disclaimer

The Services that we provide to you are not intended to be a substitute for seeking professional medical advice from your GP or any other applicable health care professional.

The Service is provided to you on an “as is” basis. We make no warranty regarding the quality, accuracy, completeness or reliability of the Service or that it will be available to you on an uninterrupted or error-free basis. All Terms and warranties that may be implied into these Terms shall be excluded to the fullest extent permitted by applicable law.

Termination

We may suspend or terminate these Terms at any time, with or without cause. The suspension or termination will take effect upon us sending written notice to you.

You may also choose to terminate these Terms at any time by informing us of such intention in writing.

In the event of these Terms being terminated for whatever reason:

a. your licence to use the Service shall immediately terminate;

b. you shall immediately cease to make use of the Service and uninstall the mobile application from all of your devices;

c. we will, upon your request, return all of your Health Data that you have supplied to us during your use of the Services within a reasonable period of time;

d. within a reasonable period of time following termination (but no earlier than 30 days following termination) we shall use our reasonable endeavours to delete your Health Data from our servers. Following deletion, we will be unable to return your Health Data to you. For the reasons of NHS data audit we will retain the details of the transactions you completed through your GP services for no shorter than 70 years.  This data will not be linked to identifiable information and will therefore not be linked to you in any way.

Limit of Liability

We do not limit our liability under these Terms for:

a. death or personal injury caused by the relevant party’s negligence or that of our employees, agents or subcontractors;

b. fraud or fraudulent misrepresentation by us or our employees;

c. any other act, omission or liability which may not be limited under applicable law.

Subject to the previous paragraph, we shall not be liable to you for any amount, except to the extent that it reflects actual damage that you have suffered and that damage is of a pecuniary nature.

Where you have purchased the Evergreen Life DNA service, we will only be liable to you for an amount equivalent to the price you have paid for the specific DNA service from which your claim arises.

Daylight Saving and Time Zone Changes

Certain features of the Mobile App allow you to create and store your reminders for medication or vaccination. The Mobile App will recognise your time zone when you record your time.  When you move to a different time zone or where there is a change in time for whatever reason such as due to the implementation of daylight saving time, you must re-login into the Mobile App so that the reminders can synchronise with the new time. If you do not re-login your records and stored reminders may not synchronise with the change.

Evergreen Life DNA terms of use

Where you choose to purchase our DNA service additional terms will apply. You must be 16 years or older to order the Evergreen Life DNA Test.

Price and payment

You will need to pay a fee to use the DNA service. The fee will depend on the type of DNA service you choose. We will make the total cost clear to you before you incur any charges and you will be responsible for any charges incurred from that point on. Further information on the DNA services available with their applicable prices can be found here.

We use a third party payment provider to process your payment. Once we receive your payment we will process your order and send you a DNA test kit.

Collecting your sample

A DNA test kit will be sent to the delivery address you have provided us on your order so that you can provide us with a cheek cell sample. Please ensure you follow the instructions provided in your DNA test kit.

You must complete the form enclosed with your DNA test kit so that we can carry out the testing on your DNA.

Receiving your results

It may take up to eight 8 weeks for your DNA test results to be ready. We will keep you updated with the progress of your results from time to time.

If you are not already registered with us you will be required to download the Mobile App and register an account with us in order to view your DNA results. We do not charge you for installing or using the Mobile App.

You will need to retain your registration details and any access code we may provide to you in order to access your DNA results on the Mobile App.

You must provide us with accurate, complete, and up-to-date registration information. Failure to do so will be a breach of these Terms. Where your details change following registration, please let us know by contacting us through the “Support” page of our Mobile App.

Cancellations and refunds

If you change your mind about the DNA test, we may be able to process a full refund for you if you have notified us within 14 days from the date after delivery of the DNA test kit.  In addition, you must ensure you meet the below conditions to be eligible for a refund:

the DNA test kit must be unopened, unused and in its sealed packaging;

the DNA test kit must be returned within 14 days of your notification to us of your intention; and

you must follow the further returns instructions as provided with your DNA test kit and on our website.

Unless otherwise agreed, Evergreen Life will refund you in the manner that we received payment from you. You will be liable for all fees and costs associated with shipping and / or returning of the kit to us, subject to applicable law.

Please note that we will not be able to provide you with a refund or replacement once the DNA testing has been carried out. Nevertheless, where we have carried out the DNA testing and your results are inconclusive such that we are unable to provide you with a DNA report, we may in our sole discretion choose to:

give you a full refund of the price of the DNA service you have selected; or

offer you an additional DNA service either without charge or at a discounted charge.

Risks and Considerations

Genetic research is not comprehensive.

Your DNA results provided by us is based on the latest research at the time of purchase and is correct to the best of our knowledge.

The laboratory may not be able to process your sample.

We use a third party laboratory to carry out the testing on your DNA. The testing may not be possible if:

there is insufficient DNA; or

the DNA has been contaminated in any way.

There is also a risk that the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, we will offer to send another kit to you to collect a second sample at no charge. If this second attempt at DNA collection is unsuccessful, we may, in our sole discretion provide you with a refund of your payment and the cancel the DNA test.

The laboratory process may result in errors.

We make every effort to ensure our data is as accurate as possible, with all analyses carried out in a GMP approved, CPA accredited laboratory. If an error is detected in our genotyping process we will provide you with the amended DNA results free of charge.

We may not be able to present you with a full complement of results.

It may not always be possible to obtain a clear result for some DNA variations (SNPs) due to biological or technical complications. This means that such results are not accurate enough to provide you with a clear report. In such circumstances we may choose not to report a result, and we will inform you that our tests were inconclusive for this data point. The final analysis will be treated as successfully completed if over 85% of the unique genetic variations are provided and the DNA test will not be repeated in this case.

Our DNA test is only provided for your information only. Please ensure you seek the advice of a professional advisor (such as a physician, your GP or other qualified health care provider) before making any changes to your lifestyle, diet or exercise routines.

We or any persons associated with Evergreen Life are not responsible for any consequences, injuries or problems that may occur due to your interpretation of and use of this information.

Contact us about your DNA results

If you have any queries regarding the Evergreen Life DNA service, please contact us here.

General terms

We may update these Terms from time to time (the “Updated Terms“). If we do so, then the Updated Terms will be brought to your attention and if you continue to use the Service following such notification then the Updated Terms will be deemed to take immediate effect.

Evergreen Life’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Evergreen Life’s right to comply with law enforcement requests or requirements relating to your use of the Evergreen Life Software or information provided to or gathered by Evergreen Life with respect to such use.

We may transfer our rights and obligations under these Terms to another organisation at any time. We may also sub-contract any of our obligations to any third party without your consent.

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

These Terms constitute the entire agreement between us and you and supersedes and extinguishes all previous agreements, promises, assurances, warranties and understandings between them, whether written or oral, relating to its subject matter. You agree that entering into these Terms you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.

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

These Terms, their subject and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including, without limitation, non-contractual disputes or claims).

Contact Us

You may contact us at any time if you have any questions about these Terms at:

Evergreen Health Solutions Limited

The Edge Business Centre,

Clowes Street,

Manchester, M3 5NA

support@evergreen-life.co.uk

Date of last update: 17/07/2018

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