Terms of Service
GRANGRAN LTD TERMS AND CONDITIONS
(Last Updated April 14, 2023)
Overview and who we are
Who do these Terms of Service apply to
Our Platforms and Services
We do not provide medical services or advice
Who can use our Platforms
Third Party Devices and Content
Changes to these Terms of Service
Changes to or unavailability of our Platforms
Information about you and your privacy
Rules about linking to our Platforms
Our material and how you can use it
Ending your use of our Platforms and the GG Care Services
Uploading content to our Platforms
User Content and conduct
Acceptable use conditions
Our responsibility for loss or damage suffered by you
Which laws apply to these Terms of Service and where you can bring proceedings
Other important terms
1. Overview and who we are
Thank you for your interest in GG Care. GranGran Ltd is a private limited company registered in England and Wales under company number 12533472 and has its registered office at 85 Great Portland Street, London, England, W1W 7LT (referred to as "GG Care" or "we" or "us" in these terms and conditions). The following terms and conditions (the "Terms of Service") apply to any person who accesses or makes use of: (i) our website at www.gg.care [WF1] (the "Site"), and/or (ii) any application or computer program designed to run on a smartphone, tablet computer or other mobile device that we make available from time to time (the "Mobile App", and together with the Site, the "Platforms"), and/or (iii) the GG Care Services, irrespective of whether you are a registered user, a family member or professional caregiver acting on behalf of a Care Resident ( a ”Caregiver”), or you are accessing or using our Platforms or the GG Care Conversational App in any other capacity (referred to as a "User" in these Terms of Service).
Please read these Terms of Service very carefully and ensure that you understand each provision. By accessing or using the Platforms or the GG Care Services, or by clicking to accept or agree to the Terms of Service, you are confirming that you have read and understood these Terms or Service and that you accept and agree to be bound by and abide by them.
If you do not agree to the Terms of Service, you must not use our Platforms or the GG Care Services.
To contact us, please email us at: email@example.com
2. Who do these Terms of Service apply to
These Terms of Service apply to any User (as defined above) acting for themselves or on behalf of a recipient of the GG Care Services (a “Care Resident”).
3. Our Platforms and Services
Users are able to:
Use, in accordance with these Terms of Service, our Platforms in conjunction with an application available on any virtual assistant software provider (such as, but not limited to, Amazon's Alexa) (each a "Virtual Assistant Provider") designed by GG Care to provide a series of interactive and customizable digital reminders, prompts or questions (“Digital Interventions”) to Care Residents to help them complete tasks (the “GG Care Conversational App”) on any Device (as defined below) that includes voice recognition and text to speech capabilities that is enabled to use the GG Care Conversational App (the “Voice Assistant Services”); and
receive recommendations for devices that are available for purchase from third parties that Users can use to access the Voice Assistant Services or may otherwise find useful for a Care Resident (“a Device”) based on responses to the GG Care questionnaire filled out by the User on our Platforms (the “Recommendation Services”);
(together the “GG Care Services”).
4. We do not provide medical services or advice
We do not provide medical care, medical services, or medical advice. You as User understand that the GG Care Services are not intended to be a substitute for in-person care nor for professional medical advice. The GG Care Services are not intended to be used for the purpose of the diagnosis, prevention, monitoring, treatment, alleviation of or the compensation for any disease, injury or handicap of any kind. You must always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or treatment.
If you are a Caregiver who has decided to use the GG Care Services on behalf of a Care Resident who is unable to read, understand or agree to these Terms of Service, then you should seek the advice the Care Resident's physician or other qualified health provider with any questions you may have regarding a medical condition or treatment and the appropriateness of the GG Care Services.
The GG Care Services are intended only as a tool to remind Care Residents of certain tasks and to provide entertainment. Your use of the GG Care Services does not establish a health care provider/patient relationship or any other comparable relationship, between the Care Resident or Caregiver and either: (i) GG Care and any of its affiliates or its and their employees, directors and consultants, or (ii) a licensed health care provider.
Please call the local emergency telephone number or your health care provider if you believe that you or, where applicable the Care Resident, are experiencing a medical emergency or if you need urgent care.
5. Who can use our Platforms
You must be at least 18 years of age to access or use our Platforms or the GG Care Services. You warrant that you meet the age requirement and are competent to agree to these Terms of Service. If you are accessing or using our Platforms or the GG Care Services on behalf of another person, you warrant that you are authorised to accept these Terms of Service on that person's behalf and that you and that the person shall be jointly responsible to us if you or the other person violates these Terms of Service. The Platforms or GG Care Services cannot be accessed or used by any User (or any person acting on behalf of any User) that has been previously removed from the Platforms or denied access to the GG Care Services in accordance with clause 13 of these Terms of Service.
If you are using the Platforms of the GG Care Services on behalf of a Care Resident, you: (i) warrant that they have consented to your acting on their behalf and that they are of sufficient capacity to have granted such consent; (ii) to the extent that they use the Platforms or GG Care Services, procure that they will abide by these Terms of Service; and (iii) shall be responsible for any breach of these Terms of Service or any other losses suffered by us in connection with them, caused by a breach of these Terms of Service by any Care Resident in your care or that you are acting on behalf of.
6. Third Party Devices, Services and Content
The Voice Assistant Services are delivered via third party Devices that are enabled to use the GG Care Conversational App via a Virtual Assistant Provider. These third party Devices and Virtual Assistant Providers are not provided by GG Care and GG Care does not have any control or influence over, and is not responsible for, any Virtual Assistant Provider or any Device that any User choses to use to access the GG Care Services. We are not responsible for in any way for any loss you may suffer as a result of in your interactions with us through any Virtual Assistant Provider or via your Device or in respect off your use of any third party Devices of any kind whatsoever.
In addition to these Terms of Service, additional terms and conditions may apply between a User and the relevant Virtual Assistant Provider and the provider of any Device used to access the GG Care Services. The User is responsible for ensuring their continued compliance with any such third party licence or terms and conditions and acknowledges that GG Care is not responsible for any agreement or arrangement of any kind that the User enters into with any third party relating to the use of and the relevant Virtual Assistant Provider or any Device.
As part of our Recommendation Services, our Platforms and any communications that we have with a User may feature third party Devices and/or services and contain affiliate referral links [WF2] to websites operated by third parties to purchase these Devices and/or services. While GG Care aims to provide unbiased recommendations, the User should note that GG Care may receive a commission, fee and/or other compensation if a User purchases a Device or service by clicking through these affiliate referral links and as an Amazon Affiliate, we also earn from qualifying purchases.
GG Care may provide third party content on the Platforms and may provide links to web pages and content of third parties ("Third Party Content"). GG Care does not control, endorse or adopt any Third Party Content and any inclusion of such Third Party Content should not be interpreted as approval by us of that Third Party Content and GG Care, its affiliates, employees, directors and consultants take no responsibility whatsoever for such Third Party Content.
7. Changes to these Terms of Service
We may make changes to these Terms of Service at our sole discretion from time to time to reflect our Users’ needs and our business policies, by posting the revised terms on our Platforms. You will be subject to the terms and conditions of the Terms of Service in force at the time you access or make use of the Platforms and/or the GG Care Services.
We will use reasonable endeavors to provide notice of any changes to these Terms of Service, as follows:
If you are a User of the Recommendation Services, you will be prompted to read the Terms of Service in force at the point that you submit your GG questionnaire.
If you are a User of the Voice Assistant Services, provide you with reasonable notice of the revised Terms of Service via email in advance of such revised terms coming into force.
Should you disagree with revised Terms of Service for whatever reason, you should cease to access or make use of the Platforms and/or GG Care Services.
8. Changes to or unavailability of our Platforms
We may update and change our Platforms and the GG Care Services from time to time to reflect our Users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
9. Information about you and your privacy
10. Rules about linking to our Platforms
You must not link to our Platforms unless we've given you written permission to do so.
11. Our material and how you can use it
Unless otherwise indicated, the GG Care Services, the Platforms contents and any other materials relating to the GG Care Services, including, the GG Care logo and trademarks, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (the "GG Care Materials") belong to us or our licensors and are protected by law. All such rights are reserved.
You may use the GG Care Materials to access and use the GG Care Services but you must not use the GG Care Materials for any other reason, including for commercial purposes, unless we give you a licence to do so.
12. Copyright Complaints
If you believe that anything on the Platforms infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set out below.
For the requirements of a proper notification.
Name of Designated Agent: Copyright Team
Address: 85 Great Portland Street, London, W1W 7LT
E-Mail Address: firstname.lastname@example.org
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and reasonable legal fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
13. Ending your use of our Platforms and the GG Care Services
We shall have absolutely discretion to temporarily or permanently suspend or terminate your account or use of our Platforms and the GG Care Services without notice at any time and for any reason whatsoever. We will provide you with such notice of termination or suspension as we consider reasonable in the relevant circumstances.
14. Uploading content to our Platforms
You understand and agree that you are solely responsible for any user content that you create, add, modify, or submit ("User Content"). You retain ownership in your User Content but you grant us and other users of our Platforms an irrevocable, worldwide, non-exclusive, royalty-free, transferable and perpetual licence to: (i) use, store and reproduce your User Content, (ii) make derivative works of your User Content and (iii) distribute and you’re your User Content available to third parties[WF4] .
GG Care is not a health care provider and the GG Care Services are not defined as a medical device or other "covered entity" for purposes of the MHRA (Medical & Healthcare products Regulatory Agency). Therefore, we do not represent that the Services comply with MHRA's privacy and security rules. You understand that the dialogs that you create or choose may be transmitted in an unencrypted form over WiFi networks and over the internet, and that they will be transmitted or collected audibly by the GG Care-enabled Device. You acknowledge and assume the risks of using the Services to transmit information that may be sensitive information or "special category personal data". You consent to our processing and transmission all such content in the course of using the Services.
15. User Content and Conduct
The following content standards apply to any and all User Content. The User Content must not:
Contain any dialogs which a reasonable person would consider defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
Be intended or likely to deceive any person, especially, but not only, a Care Resident.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person, especially, but not only, a Care Resident.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, including without limitation contests, sweepstakes and other sales promotions, or advertising.
Create the impression that any User Content originates from GG Care, or any other person or entity other than the Caregiver, if it does not.
Infringe the intellectual property of others.
16. Acceptable Use Conditions
The Acceptable Use Conditions are as follows:
You agree to use the Platforms and access the GG Care Materials only for lawful purposes and your use of the Platforms and GG Care Materials is in no way unlawful or fraudulent;
You agree not to use or access the Platforms or the GG Care Materials for the purpose of harming or attempting to harm minors in any way;
You agree not to alter or modify any part of the Platforms or the GG Care Materials;
You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Platforms or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of the Platforms or access to the GG Care Materials;
You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
You agree not to use or access the Platforms or GG Care Materials for any commercial uses;
You agree to use the Platforms and access the GG Care Materials in a way which does not infringe the rights of third parties or restrict or prevent anyone else's use and enjoyment of the Platforms and GG Care Materials;
You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Platforms (including without limitation the GG Care Materials) for any other purpose other than as permitted by these Terms of Service without our prior written consent;
You agree not to use the Platforms or the GG Care Materials in any manner intended to damage, disable, overburden or impair any GG Care server or the network(s) connected to any GG Care server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Platforms;
You agree not to use any high volume, automated, or electronic means to access the Platforms or the Contents (including without limitation robots, spiders or D:DOS); and
You agree not to access or attempt to access any other visitor or User's account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;
17. Our responsibility for loss or damage suffered by you
Access to the GG Care Conversational App is provided “as is” and “as available” without any warranty of any kind and we disclaim all warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We make no guarantee that use of the GG Care Conversational App will be uninterrupted, error free, or free from viruses or other harmful components and we accept no liability whatsoever in respect of any loss that you may suffer as a result of your use of the GG Care Conversational App. While we take reasonable precautions to prevent the existence of computer viruses and other malicious programs we accept no liability for them and exclude all liability, to the extent permitted by law, in connection with the use of the GG Care Conversational App.
Any User Content and/or voice dialogs that are configured or transmitted from the GG Care Portal to a Care Resident's Device are solely the responsibility of the User configuring them. If you choose to use any pre-configured dialogs that the GG Care may offer, you are solely responsible for ensuring that they are appropriate and applicable for the Care Resident and assume all risk of using them. We do not warrant the accuracy or appropriateness of any GG Care voice dialogs offered for individual use or other User Content created, configured, or submitted by you or any other GG Care User.It is expressly agreed that in no event shall we have any liability for any loss or damage, whether direct, indirect or otherwise that arises in connection with any User Content or the use of any Device under any circumstances.
In accordance with clause 4 of these Terms of Service, the GG Care Services are not medical services or a medical device and do not constitute medical care or medical advice. We do not represent that the GG Care Services comply with the rules and regulations of any regulator of such medical services or devices including, but not limited to, the MHRA, and shall not be liable for any loss or damage arising from the use of the GG Care Services for any purpose other than as a tool to remind Care Residents of certain tasks and to provide entertainment.
Our Platforms and any communications sent by us to you may contain links to other websites or content beginning or originating from third parties. Such links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. We do not warrant, endorse, guarantee, or assume any responsibility whatsoever for the accuracy or reliability or otherwise of any information offered by the third-party websites linked through our Platforms or in our communications to you, nor will we be a party to or in any way involved in or responsible for monitoring any transaction between you and any third party providers of products or services.
You agree not to use our Platforms and/or the GG Care Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity,
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We do not accept responsibility for, and will not be held liable for, any indirect, consequential or special losses or damages, nor any loss or damage that you may incur in connection with your use of the GG Care Services:
that was not caused by our breach of these Terms of Service; or
that was not, at the time you agreed to these Terms of Service, a reasonably foreseeable consequence of us breaching these Terms of Service (loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms of Service were entered into, both we and you knew it might happen).
Without limiting the terms of the rest of this clause 17, in no event shall GG Care’s aggregate liability with respect to any claim arising from or relating to this Agreement be more than £100,000
18. Which laws apply to these Terms of Service and where you can bring proceedings
These Terms of Service and any non-contractual obligations arising out of or in connection with these Terms of Service shall be governed by and construed in accordance with English law.
You irrevocably submit to the exclusive jurisdiction of the English Courts to settle any disputes which may arise in connection with these Terms of Service.
If you have a dispute with us relating to the GG Care Service or anything we do, in the first instance please contact us at email@example.com and attempt to resolve the dispute with us informally.
19. Other important terms
Each of the paragraphs in these Terms of Service operates separately. If any paragraph of these Terms of Service is found by a court or other authority to be illegal then the remaining paragraphs will remain in full force and effect.
Nobody else has any rights under these Terms of Service. This contract is between you and us. No other person shall have any rights to enforce any of its terms.