A subscription is required after the trial period ends to log data and generate a report.
The subscription allows data entry and production of a report.
No subscription is required to access previous data and download a spreadsheet of your data.
– A free trial period of 7 days for new users
– A subscription is for a 30 day period
– The subscription is £1.49 per month
– Payment will be charged to iTunes Account at confirmation of purchase
– Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
– It will automatically renew unless turned off for 24 hours before the end of the current 30 day period.
– No cancellation of the current subscription is allowed during active subscription period
– The account will be charged within 24 hours of the end of the current subscription period.
– Subscriptions are managed by the user in the settings menu.
– Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication.
1.1 The rules which apply to your use of the logbook will depend upon the hospital and Trust where you work and. You must comply with their requirements in completing and dealing with your logbook e.g. in relation to the use of patient identifiable information. In particular, you must not input ”Sensitive Personal Data” without explicit, informed and voluntary consent of the individual to which the data relates. If you are unsure as to whether such consent has been properly given you must contact your supervisor or line manager, or the Data Protection Compliance Officer.
1.2 As a general guide, you must not input patient identifiable information such as name and/or address and any patient identifiable information should be limited as much as possible. It is permitted to input the relevant hospital, hospital number or patient date of birth, and the details of the relevant trainees.
1.3 Special care must be used when inputting data in any free fields including for “other information” accordingly.
1.4 The logbook details contain a record of surgical operations attended and completed, with details of each operation (and such other details as may be required by your specialty).
1.5 On the basis that the logbook information is not more widely accessible, provided you have input data in accordance with these terms, such processing of Sensitive Personal Data is permitted. You are responsible for the ensuring that you have obtained the necessary consent (in accordance with section 12.1), to input and use the data you input to the Medberry App and we have no liability or responsibility in respect of whether such consent has been obtained. You accept that responsibility and liability if you proceed to input information into the Website.
1.6. You can only use the Medberry App as reasonably necessary, and not for further or other reasons, in accordance with these terms and conditions and the applicable relevant rules of your hospital from time to time.
1.7 If you record or use Personal Data or Sensitive Personal Data in a self-employed capacity (i.e. outside of your employment with the NHS or other institution), you will need to be notified personally with the Information Commissioner, in order to comply with the Data Protection Act 1998, and would need express informed voluntary consent from the patients concerned to use their data in the logbook as required. In that case, failure to comply may constitute a criminal offence.
1.8 Your use of the Medberry App, at any time after reading or passing through these terms and conditions through the Medberry App, is deemed to be consent for us to obtain and transfer the contents (including Personal Data and Sensitive Personal Data) in any existing electronic logbook you have set up and/or completed to us, for use in accordance with these terms and conditions. You must notify us of the logbook provider and registration to this Website hereby authorises us to notify that provider and to request a download or copy of that data to the Medberry App.
1.9 Although we try to maintain the security of the data, it is your responsibility to keep secure backups. If data is lost then it is not the responsibility of the Medberry App but of you as a user. Medberry will not be held liable if your data is lost.
1.10Medberry App will not be liable to any ecomonic damage (such as loss of profit, data, reputation, placement, position, learning agreement or resultant losses or otherwise). .
1.11 Medberry uses your data to provide you with a better service, and in particular for the following reasons:
1.1.1 to facilitate internal record keeping;
1.11.2 to improve our services;
1.11.3 to ensure logbook entries are in accordance with other relevant rules and conditions;
1.11.4 to deal with your queries;
1.11.5 to otherwise respond to your communication to us;
1.11.6 to appoint and /or allow processing by Data Processors on our behalf;
1.11.7 to facilitate research and/or statistical or other analysis (having removed Personal Data) for the benefit of medicine,
1.11.8 to improve our administration and/or efficiency, including by reducing costs, in relation to the organisation (or any part of it);
1.11.9 by or on behalf of us to carry out research and/or statistical or other analysis in order to better understand and to try to develop and improve medicine; and/or
1.11.10 used for publication (you can opt out of 1.1.10 by contacting us and opting out)
1.11.12 otherwise as may be reasonable in our legitimate interests.
1.11.13 to improve services.
1.11.14 may be used by us (with personal data removed) to improve a third parties services or business interests.
1.12 We reserve our right to shut down or suspend access to, the use of or operation of all or any of the Medberry App facilities in whole or part, whether limited to your use of the Medberry App or otherwise, in the event that we know of or suspect a breach of these terms and conditions.
Your use of the Medberry App and our intellectual property rights
2.1 We have made the Medberry App available to you for your own non-commercial use. We may modify, withdraw or deny access to the Medberry App at any time, including introducing charges for its use or other restricted access. In relation to substantial changes, where this relates to areas for which you are currently dependent upon the Medberry App, we will try to give you as much reasonable notice of the proposed change(s) as practicable.
2.2 The Medberry App and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the Medberry App, as well as other content such as articles, stories and other text.
2.3 You may not copy, redistribute, republish or otherwise make the materials on the Website available to anyone else for a commercial purpose without our prior consent in writing, save that you can download them to make a copy for personal use or study only and otherwise as permitted by section 5.4 below.
2.4 You may print or download materials from the Website for non-commercial use or copy the content to other individuals for their personal use or study provided that:
2.1.1 no materials are modified in any way;
2.1.2 no graphics are used separately from accompanying text;
2.1.3 our copyright notices appear in all copies and you acknowledge this website as the source of the material; and
2.1.4 the persons to whom you provide these materials are made aware of these restrictions.
2.5 No licence is granted to any user to make use of the Medberry App name and/or logo, without our prior written consent.
Governing Law and Jurisdiction
3.1 The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England and Wales.
3.2 The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the Medberry App.
4.1 We will try to ensure that subject to required scheduled and published unscheduled maintenance and repairs, the Website is available as much as possible during 24 hours a day, 7 days a week, 365 days per year, whilst required.
4.2 Availability and operation is however dependent upon the availability of the internet.
4.3 Access and/or functions may be suspended or unavailable temporarily without notice due to unscheduled maintenance or repair or for reasons beyond our control and for which we shall have no liability.
Information we provide on the Medberry App
5.1 The information contained on the Medberry App is given for general information and interest purposes only. Whilst we try and ensure the information contained on the Website is accurate and up to date, we cannot be responsible for any inaccuracies in the information.
The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor (“Application Provider”) reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”
6.2 A subscription is required after the trial period ends to log data and generate a report.
6.3 The subscription allows data entry and production of a report.
6.4 No subscription is required to access previous data and download a spreadsheet of your data.
6.5 Free trial periods are subject to change and are per our website Medberry.co.uk
6.6 Payment will be charged to iTunes Account at confirmation of purchase
6.7 Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
6.8 It will automatically renew unless turned off for 24 hours before the end of the current 30 day period.
6.9 No cancellation of the current subscription is allowed during active subscription period
6.10 The account will be charged within 24 hours of the end of the current subscription period.
6.11 Subscriptions are managed by the user in the settings menu.
6.12 Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication.
6.13 Medberry has the right to cancel any subscription without notice and delete data associated with the account.
6.14 The iGaslog conversion service is pending import functionality requires a minimum of 30 cases logged over a sustained time period alongside an active subscription. If it is found that the service is being used in order to convert material into a format to be used solely for the purpose of using another logbook then they will be liable to a fee set by Medberry for the service.
APPLES LICENSED APPLICATION END USER LICENSE AGREEMENT
a. Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
c. Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.