HelpFall Terms and Conditions of Use
PLEASE READ THE FOLLOWING IMPORTANT TERMS AND CONDITIONS (“Terms of Use”) BEFORE YOU USE HELPFALL. IF YOU DO NOT WISH TO BE BOUND BY THEM, YOU SHOULD NOT USE HELPFALL IN ANY WAY. If you do not understand any of these Terms of Use and want to talk to us about it, please contact us by email at [email protected], to which we will respond as soon as possible, or by telephone on 01473 741144.
Who we are and what this agreement does
We are FELGAINS LIMITED of 33 Knightsdale Road, Ipswich, Suffolk, IP1 4JJ, and we provide patient handling and care equipment solutions to multiple environments in the health and care sector. These are the terms of license that apply to the use of the post falls decision support tool called HELPFALL (“HELPFALL”) that we make accessible via a QR code to our website at https://falls.felgains.com/IlOU0rp7RT0.
Your privacy
Use of your personal information submitted to or via HELPFALL is governed by our Privacy Policy, which can be viewed at https://www.felgains.com/helpfall/helpfall-privacy-policy. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using HELPFALL may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
What is HELPFALL?
HELPFALL is designed for use by qualified care workers and nurses in settings such as care homes or domiciliary care. HELPFALL supports qualified care workers and nurses to safely assess a person who has fallen and decide whether to assist or lift them from the floor using safe manual handling techniques and equipment.
Any other health and care organisations wishing to use HELPFALL, such as Urgent Community Response Services, should assess its suitability for their service. By registering to use the standard version of HELPFALL, such organisations confirm it is suitable for use in their clinical setting and take all responsibility for such use.
HELPFALL is based, with kind permission, on South Western Ambulance NHS Foundation Trust Post Falls Guidance Pack for Care Providers, and draws on guidance from sources such as NICE and the National Patient Safety Agency. The guidance covers most situations care staff should encounter when a person falls in a care home or domiciliary care setting, but it cannot foresee every possible scenario. It must be used together with sound judgement (and clinical judgement in nursing homes), common sense and in line with the duty of care. It is not designed to replace a clinical risk assessment and must be used in conjunction with existing manual handling policy. If there are any clinical concerns that arise after an assessment that puts in doubt whether a person should be moved or lifted, a senior clinician should be contacted. Clinical decision making can be used to override the HELPFALL guidance, justified by the attending clinician.
You acknowledge that HELPFALL is solely a means to provide you with evidence-based advice to indicate the appropriate care pathway for a person who has a fall. All clinical decisions taken by you regarding a person in your care (making use of such advice or otherwise) shall be your sole responsibility. Felgains excludes all liability in respect of such clinical decision making.
Any training content provided by Felgains on the use of HELPFALL is limited to the safe and competent operation of the product itself, and does not in any way constitute or replace clinical education. You must complete the training content supplied before using HELPFALL.
Under the Health and Social Care Act 2008, it’s understood there are inherent risks in carrying out care and treatment, and a post fall response will not be considered unsafe if a provider can demonstrate all reasonable steps to ensure the health and safety of the person have been taken, and to manage risks that may arise during care and treatment.
Operating system requirements
HELPFALL requires a tablet or smartphone with a camera and/or QR code scanner that has internet access.
You are responsible for the security of your computer, telecommunications systems and networks at all times including the transmission of any data across such systems and networks. Felgains shall not be liable to you for the loss of any material or data uploaded onto HELPFALL and/or the servers used to provide it.
Support for HELPFALL and how to tell us about problems
Support. If you want to learn more about HELPFALL or using HELPFALL, please take a look at our support resources at https://www.felgains.com/helpfall/support-resources/.
Feedback. Links to feedback forms can be found here https://forms.office.com/r/UBBAY5yNjq and https://forms.office.com/r/jHn3tTP94E.
Contacting us (including with complaints). If you think HELPFALL is faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at [email protected] or call them on 01473 741144.
How we will communicate with you. If we have to contact you, we will do so by email, by telephone or by pre-paid post, using the contact details you have provided to us.
How you may use HELPFALL
In return for your agreeing to comply with these terms you:
- Will receive a personal access code (PAC) for your use only, allowing access to HELPFALL.
- May access and use HELPFALL for the purpose for which it is designed and set out in the section “What is HELPFALL” above.
- Accept that the assessment generated by HELPFALL relies on the accurate and truthful input of information and answers by you. False, misleading and inaccurate information and answers will result in an inaccurate assessment.
- Accept that the assessment generated by HELPFALL primarily designed to be clinically suitable for any person over the age of 65 and may not be clinically suitable for any person under this age.
You must be 16 or over to accept these Terms of Use and HELPFALL.
Changes to these Terms of Use
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We may change these Terms of Use at any time by sending you a message with details of the change or notifying you of a change when you next start or log into HELPFALL. Any new terms may be displayed on-screen, and you may be required to read and accept them to continue your use of HELPFALL. You will be told at that point from which date they become effective, so that you have an opportunity to cease using HELPFALL, should you find them unacceptable.
Update to HELPFALL
From time to time, we may automatically update HELPFALL to improve performance, enhance functionality, reflect changes to the operating system or address security issues. HELPFALL will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you first used it, unless we notify you otherwise.
Customisation of HELPFALL
Occasionally, we may agree to the customisation of HELPFALL based on a written request from a third party organisation, and where such customisation is made, all responsibility for suitability of advice rests with the requesting organisation.
If someone else owns the phone or device you are using
If you use or access HELPFALL on a device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms of Use, whether or not you own the phone or other device.
Where the phone or device is owned by your employer, agency or other organisation, you are responsible for using or accessing HELPFALL on that phone or device is accordance with your employer, agency or other organisation’s mobile device policy.
We are not responsible for other websites you link to
HELPFALL may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Licence restrictions
You agree that you will:
- except in the course of permitted sharing (see “How you may use HELPFALL”), not share your PAC, nor rent, lease, sub-license, loan, provide, or otherwise make available, HELPFALL in any form, in whole or in part to any person without prior written consent from us;
- not copy HELPFALL, except as part of the normal use of HELPFALL or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of HELPFALL nor permit HELPFALL to be combined with, or become incorporated in, any other programs, except as necessary to use HELPFALL on devices as permitted in these Terms of Use;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of HELPFALL nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile HELPFALL to obtain the information necessary to create an independent program that can be operated with HELPFALL or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to HELPFALL;
- is kept secure; and
- is used only for the Permitted Objective; and
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by HELPFALL.
Acceptable use restrictions
You must:
- not use HELPFALL in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into HELPFALL or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of HELPFALL (to the extent that such use is not licensed by these Terms of Use);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of HELPFALL;
- not use HELPFALL in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from our servers.
Intellectual property rights
All intellectual property rights in HELPFALL throughout the world belong to us and the rights in HELPFALL are licensed (not sold) to you. You have no intellectual property rights in, or to, HELPFALL other than the right to use them in accordance with these Terms of Use.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use 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 you accepted these Terms of Use, both we and you knew it might happen. But we are not responsible for any failure of third-party software or hardware used to provide HelpFall, or any harm or losses arising from such failure.
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 or for fraud or fraudulent misrepresentation.
We are not liable for business losses. HELPFALL is for domestic and private use. If you use HELPFALL for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We may end your rights to use HELPFALL if you break these Terms of Use
We may end your rights to use HELPFALL and at any time by contacting you if you have broken these Terms of Use in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use HELPFALL:
- You must stop all activities authorised by these Terms of Use, including your use of HELPFALL.
- You must delete or remove HELPFALL from all devices in your possession and immediately destroy all copies of HELPFALL which you have and confirm to us that you have done this.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms of Use 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 need our consent to transfer your rights to someone else
You may not transfer your rights or your obligations under these Terms of Use to another person.
We may suspend or withdraw HELPFALL
We do not guarantee that our website, or any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business or operational reasons.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these Terms of Use 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.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking this contract, 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 this contract and where you may bring legal proceedings
These Terms of Use are governed by English law and you can bring legal proceedings in respect of HELPFALL in the English courts.
Disputes
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with HELPFALL, 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 and give you certain information if required by law about any alternative dispute resolution provider.