1.1 Welcome to bedsideassist.com. BedsideAssist™ offers convalescents and their families bedside assistance packages designed to alleviate stress and bring peace of mind to their families by providing virtual non-medical concierge services via telephone and global computer systems at the end-user’s specific request.
1.2 These terms and conditions shall govern your use of BedsideAssist™, bedsideassist.com, and the BedsideAssist™software application.
1.3 By using bedsideassist.com, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use bedsideassist.com and the BedsideAssist™ App.
1.4 If you register with bedsideassist.com, submit any material to bedsideassist.com or use any of bedsideassist.com services, BedsideAssist™ will ask you to expressly agree to these terms and conditions.
1.5 You must be at least 18 years of age to use bedsideassist.com; and by using bedsideassist.com or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
- Copyright notice
2.1 Copyright © 2016 Bedside Assist Inc.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in bedsideassist.com and the material on bedsideassist.com;
(b) all the copyright and other intellectual property rights in bedsideassist.com and the material on bedsideassist.com are reserved.
- Licence to use website
3.1 You may:
(a) view pages from bedsideassist.com in a web browser;
(b) download pages from bedsideassist.com for caching in a web browser;
(c) print pages from bedsideassist.com;
(d) stream audio and video files from bedsideassist.com; and
(e) use bedsideassist.com services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from bedsideassist.com or save any such material to your computer.
3.3 You may only use bedsideassist.com for your own personal and business purposes, and you must not use bedsideassist.com for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on bedsideassist.com.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from bedsideassist.com (including republication on another website);
(b) sell, rent or sub-license material from bedsideassist.com;
(c) show any material from bedsideassist.com in public;
(d) exploit material from bedsideassist.com for a commercial purpose; or
(e) redistribute material from bedsideassist.com.
3.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 BedsideAssist™ reserve the right to restrict access to areas of bedsideassist.com, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on bedsideassist.com.
- Acceptable use
4.1 You must not:
(a) use bedsideassist.com in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use bedsideassist.com in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use bedsideassist.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to bedsideassist.com without our express written consent;
(e) access or otherwise interact with bedsideassist.com using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for bedsideassist.com; or
(g) use data collected from bedsideassist.com for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from bedsideassist.com to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through bedsideassist.com, or in relation to bedsideassist.com, is true, accurate, current, complete and non-misleading.
- Registration and membership
5.1 To be eligible for an individual account on bedsideassist.com under this Section 6, you must be at least 18 years of age.
5.2 You may register for an account with bedsideassist.com by completing and submitting the account registration form on bedsideassist.com, and clicking on the verification link in the email that the website will send to you.
5.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
- User IDs and passwords
6.1 If you register for an account with bedsideassist.com, BedsideAssist™ will provide you with / you will be asked to choose a user ID and password.
6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on bedsideassist.com arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- Cancellation and suspension of membership
7.1 BedsideAssist™ may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
7.2 You may cancel your membership on bedsideassist.com or by contacting our coordinators by phone or email.
- Your content: licence
8.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or bedsideassist.com for storage or publication on, processing by, or transmission via, bedsideassist.com.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.
8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
8.6 You may edit your content to the extent permitted using the editing functionality made available on bedsideassist.com.
8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if BedsideAssist reasonably suspect that you have breached these terms and conditions in any way, BedsideAssist may delete, unpublish or edit any or all of your content.
- Your content: rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence, in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
- Limited warranties
10.1 BedsideAssist™ does not warrant or represent:
(a) the completeness or accuracy of the information published on bedsideassist.com;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
10.2 BedsideAssist™ reserves the right to discontinue or alter any or all of bedsideassist.com services, and to stop publishing bedsideassist.com, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if BedsideAssist™ stopped publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, BedsideAssist™ excludes all representations and warranties relating to the subject matter of these terms and conditions, bedsideassist.com and the use of bedsideassist.com.
- Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.3 To the extent that bedsideassist.com and the information and services on bedsideassist.com are provided free of charge, BedsideAssist™ will not be liable for any loss or damage of any nature.
11.4 BedsideAssist™ will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 BedsideAssist™ will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 BedsideAssist™ will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 BedsideAssist™ will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that BedsideAssist™ has an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that BedsideAssist™ is a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website, software or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if BedsideAssist™ reasonably suspects that you have breached these terms and conditions in any way, BedsideAssist™ may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to bedsideassist.com;
(c) permanently prohibit you from accessing bedsideassist.com;
(d) block computers using your IP address from accessing bedsideassist.com;
(e) contact any or all your internet service providers and request that they block your access to bedsideassist.com;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on bedsideassist.com.
12.2 When BedsideAssist™ suspends, prohibits or blocks your access to bedsideassist.com or a part of bedsideassist.com, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13.1 BedsideAssist™ may revise these terms and conditions from time to time.
13.2 The revised terms and conditions shall apply to the use of bedsideassist.com from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / BedsideAssist™ will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of bedsideassist.com from the date that BedsideAssist™ gives you such notice; if you do not agree to the revised terms and conditions, you must stop using bedsideassist.com.
13.3 If you have given your express agreement to these terms and conditions, BedsideAssist™ will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as BedsideAssist™ may specify, BedsideAssist™ will disable or delete your account on the website, and you must stop using the website.
14.1 You hereby agree that BedsideAssist™ may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
16.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
- Law and jurisdiction
18.1 These terms and conditions shall be governed by and construed in accordance with the laws of the United States of America.
- Our details
19.1 This website is owned and operated by Bedside Assist Inc.
19.2 BedsideAssist™ is registered in Aurora Colorado, USA.
1.1 BedsideAssist™ is committed to safeguarding the privacy of bedsideassist.com visitors; in this policy BedsideAssist™ explains how BedsideAssist™ will treat your personal information.
- Collecting personal information
2.1 BedsideAssist™ may collect, store and use the following kinds of personal information:
(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);
(b) information that you provide to us when registering with bedsideassist.com (including your name, date of birth, medical condition if any, injuries or limitations, home and email addresses, healthcare facility address if hospitalized, credit or debit card information);
(c) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name, date of birth, relationship to patient, home and email addresses);
(d) information that you provide to us when using the services on bedsideassist.com, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use;
(e) information relating to any purchases you make of our Virtual Bedside Assistance services or any other transactions that you enter into through bedsideassist.com (including your name, address, telephone number, email address and card details;
(f) information contained in or relating to any communications that you send to us or send through bedsideassist.com (including the communication content and meta data associated with the communication);
(g) any other personal information that you choose to send to us; and
(h) and other relevant information including but not limited to your likes and dislikes, personal requests initiated by you, appointment information and all relevant information necessary to assist you with your request.
2.2 Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.
- Using your personal information
3.1 Personal information submitted to us through bedsideassist.com will be used for the purposes specified in this policy or on the relevant pages of the website.
3.2 BedsideAssist™ may use your personal information to:
(a) administer bedsideassist.com and business;
(b) personalize the BedsideAssist™ software application for you;
(c) enable your use of the services available on bedsideassist.com;
(d) to coordinate the bedside assistance services necessary to meet the patient and family needs in a timely manner;
(e) supply to you services purchased through bedsideassist.com;
(f) send statements, invoices and payment reminders to you, and collect payments from you;
(g) send you non-marketing commercial communications;
(h) send you email notifications that you have specifically requested;
(i) send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);
(j) send you marketing communications relating to our business or the businesses of carefully-selected third parties which BedsideAssist™ thinks may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
(k) provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
(l) deal with enquiries and complaints made by or about you relating to bedsideassist.com;
(m) keep bedsideassist.com secure and prevent fraud;
(n) verify compliance with the terms and conditions governing the use of bedsideassist.com (including monitoring private messages sent through bedsideassist.com private messaging service);
3.3 If you submit personal information for publication on bedsideassist.com, BedsideAssist™ will publish and otherwise use that information in accordance with the licence you grant to us.
3.4 BedsideAssist™ will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.
3.5 All bedsideassist.com financial transactions are handled through our payment services provider, Square. BedsideAssist™ will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via bedsideassist.com, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
- Disclosing personal information
4.1 BedsideAssist™ may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.
4.2 BedsideAssist™ may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.
4.3 BedsideAssist™ may disclose your personal information:
(a) to the extent that BedsideAssist are required to do so by law;
(b) in connection with any ongoing or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(d) to the purchaser (or prospective purchaser) of any business or asset that BedsideAssist are (or are contemplating) selling; and
(e) to any person who BedsideAssist™ reasonably believes may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
4.4 Except as provided in this policy, BedsideAssist™ will not provide your personal information to third parties.
- International data transfers
5.1 Information that BedsideAssist™ collects may be stored and processed in and transferred between any of the countries in which BedsideAssist™ operate in order to enable us to use the information in accordance with this policy.
5.2 Personal information that you publish on bedsideassist.com or submit for publication on bedsideassist.com may be available, via the internet, around the world. BedsideAssist™ cannot prevent the use or misuse of such information by others.
5.3 You expressly agree to the transfers of personal information described in this Section 5.
- Retaining personal information
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that BedsideAssist™ complies with legal obligations in relation to the retention and deletion of personal information.
6.2 Personal information that BedsideAssist™ processes for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 Without prejudice to Section 6.2, BedsideAssist™ will usually delete personal data falling within the categories set out below at the date/time set out below:
(a) personal data will be deleted 2 years after account deactivation or cancellation
6.4 Notwithstanding the other provisions of this Section 6, BedsideAssist™ will retain documents (including electronic documents) containing personal data:
(a) to the extent that BedsideAssist™ is required to do so by law;
(b) if BedsideAssist™ believes that the documents may be relevant to any ongoing or prospective legal proceedings; and
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
- Security of your personal information
7.1 BedsideAssist™ will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
7.2 BedsideAssist™ will store all the personal information you provide on our secure (password- and firewall-protected) servers.
7.3 You acknowledge that the transmission of information over the internet is inherently insecure, and BedsideAssist™ cannot guarantee the security of data sent over the internet.
7.4 You are responsible for keeping the password you use for accessing bedsideassist.com confidential; BedsideAssist™ will not ask you for your password (except when you log in to bedsideassist.com).
8.1 BedsideAssist™ may update this policy from time to time by publishing a new version on bedsideassist.com.
8.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
8.3 BedsideAssist™ may notify you of changes to this policy by email.
- Your rights
9.1 BedsideAssist™ may withhold personal information that you request to the extent permitted by law.
9.2 You may instruct us at any time not to process your personal information for marketing purposes.
9.3 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or BedsideAssist™ will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
- Third party websites
10.1 Bedsideassist.com includes hyperlinks to, and details of, third party websites.
10.2 BedsideAssist™ has no control over, and is not responsible for, the privacy policies and practices of third parties.
- Updating information
11.1 Please let us know if the personal information that BedsideAssist™ holds about you needs to be corrected or updated.
12.2 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
12.3 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
12.4 Cookies do not typically contain any information that personally identifies a user, but personal information that BedsideAssist store about you may be linked to the information stored in and obtained from cookies.
12.5 BedsideAssist™ uses both session and persistent cookies on bedsideassist.com.
12.6 The names of the cookies that BedsideAssist™ uses on bedsideassist.com, and the purposes for which they are used, are set out below:
(a) BedsideAssis™t uses both session and persistent cookies on bedsideassist.com to recognise a computer when a user visits the website / track users as they navigate the website / improve the website’s usability / analyse the use of the website / administer the website / prevent fraud and improve the security of the website / personalise the website for each user / target advertisements which may be of particular interest to specific users;
12.7 Most browsers allow you to refuse to accept cookies; for example:
(a) in Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;
(b) in Firefox (version 24) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and
(c) in Chrome (version 29), you can block all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.
12.8 Blocking all cookies will have a negative impact upon the usability of many websites.
12.9 If you block cookies, you will not be able to use all the features on bedsideassist.com.
12.10 You can delete cookies already stored on your computer; for example:
(a) in Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835);
(b) in Firefox (version 24), you can delete cookies by clicking “Tools”, “Options” and “Privacy”, then selecting “Use custom settings for history”, clicking “Show Cookies”, and then clicking “Remove All Cookies”; and
(c) in Chrome (version 29), you can delete all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Delete cookies and other site and plug-in data” before clicking “Clear browsing data”.
12.11 Deleting cookies will have a negative impact on the usability of many websites.
BedsideAssist™ “Elevating the patient experience™” | © Copyright 2016 by Bedside Assist Inc. All rights reserved.