Terms & Conditions

Last Update 27/09/2020

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE, WEB-APPLICATION AND OUR SERVICE

What is in these terms?

These terms tell you the rules for using our website www.feverfree.zone (our site) and our Fever Free Zone service web-application - app.feverfree.zone (service app)

Click on the links below to go straight to more information on each area:

Who we are and how to contact us

By using our site or service app you accept these terms

There are other terms that may apply to you

What we do

Rules of use for Users and Partners

Additional Terms for Partners

We may make changes to these terms

We may make changes to our site or service app

We may suspend or withdraw our site or service app

We may suspend your User or Partner Account

We may transfer this agreement to someone else

Our site and service app is only for users in the UK

You must keep your account details safe

How you may use material on our site and service app

Do not rely on information on this site or our service app

We are not responsible for websites we link to

User-generated content is not approved by us

How to complain about content uploaded by other users

Our responsibility for loss or damage suffered by you

Whether you are User or Partner:

If you are a Partner:

If you are a User:

How we may use your personal data

Uploading content to our site

Rights you are giving us to use material you upload

We are not responsible for viruses and you must not introduce them

Rules about linking to our site

Which country's laws apply to any disputes?

Our trade marks are registered

Who we are and how to contact us

www.feverfree.zone is a site, and app.feverfree.zone is an associated integrated web-application, operated by Real World Outcomes Limited trading as Fever Free Zone ("Fever Free Zone", "we", "us" or "our"). We are registered in Scotland with registration number SC668892 and have our registered office at 16 Dalrymple Crescent, Edinburgh, Midlothian, Scotland, EH9 2NX. Our VAT number is GB354172605.

We are a limited company.

To contact us, please email [email protected]

By using our site or service app you accept these terms

By using our site or service app and creating your User Account or Partner Account, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site or our service app.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site and service app:

·       Our Privacy Policy. See further under How we may use your personal information.

·       If you purchase goods from us, our terms and conditions of supply will apply to the sales.

What we do

We provide an infrastructure (Fever Free Zone network) between local businesses (Partners) and members of public (Users) to allow Users to move more freely amongst their community (Services).

Partners will have to purchase a subscription from us (Partners Subscription) in order to allow them and their designated business premises to become a part of the Fever Free Zone network, register on this website and service app and create their own Partner Account – see further under Partners Subscription.

When one of the Partners measures User’s temperature, that Partner can store temperature check results on our service app. Both Partners and Users will be asked to create their own User Account or Partner Account (as appropriate) and will be able to access data relevant to their own temperature check by logging into their relevant accounts.

If the temperature check shows the User’s temperature to be within our prescribed parameters, the Partner, upon their discretion, can issue an electronic pass associated with a specific User Account (Pass) for the period of 6 (six) hours (Pass Period).

Users can access their Pass from their User Account and show it to other Partners within the local Fever Free Zone network and move amongst them without further temperature checks as a result during the remainder of the Pass Period.

If Users and Partners follow the prescribed process, use technology correctly and comply with our guidance, they will create an added layer of protection to reduce health risk in the indoor spaces.

Rules of use for Users and Partners

If you are User:

·       You must allow a member of Partner’s staff to measure your temperature;

·       You must not try to enter Partner’s premises if your temperature is above threshold identified, or if you display any other symptoms as set out in the Customer Information Sheet;

·       You must comply with instructions on the Customer Information Sheet and any reasonable instructions of the Partner’s member of staff;

·       You must comply with all other legal requirements and those of the Partner whose premises you are entering.

If you are Partner:

·       You must complete and ensure that your members of staff have completed relevant training via the Learning Platform (see below);

·       You must pass and ensure that that your members of staff have passed the relevant assessment;

·       You must ensure that only trained member of staff who has passed relevant assessment measures Users’ temperature and issues the Pass;

·       You must make available to Users a document called “Customer Information Sheet”, as updated from time to time, and other documents that might be required to be distributed to Users;

·       You must ensure that the User whose temperature is measured is above 16 years old. You must ensure that if the User is below 16 years old, their temperature would only be measured if the consent of their legal guardian is obtained;

·       You must agree to be listed and allow your name and brand to appear under the list of members of a Fever Free Zone network on this website and service app.

Additional Terms for Partners

Partners Subscription

Partners purchase a subscription with us to become an accredited member of the Fever Free Zone network. The price for a subscription can be found on our https://www.feverfree.zone/pricing OR can be requested from us by email to [email protected]

At the monthly anniversary of the purchase of Subscription (Subscription Period), your Subscription shall automatically terminate unless payment for further Subscription Period is received.

The payment for Subscription Periods will be processed via card payment on our website https://www.feverfree.zone/payment-page

Partners can cancel their Subscription at any time by providing 30 days written notice to [email protected]. If the Subscription is cancelled within the first 30 calendar days of the first Subscription Period, the Partners get full refund of any payments received.

If the Subscription is cancelled after the first 30 calendar days of the first Subscription Period, the Subscription shall terminate after the end of the Subscription Period in which the Subscription was cancelled (the Last Subscription Period). The Partner shall remain liable for the payment for the Last Subscription Period.

Use of Thermometers

Partners must use a contactless digital thermometer of good quality that has appropriate CE marks (Thermometer) when performing a temperature check. Whilst we can provide a list of recommended Thermometers, Partners may use an appropriate device of their own choosing. If required, we can sell and the Partner can purchase a UFR106 Infrared Thermometer (Approved Thermometer) from us.

The sale and purchase of the Approved Thermometers shall be subject to a separate terms and conditions of supply. Subject to the terms and conditions of supply, we act as a reseller of Approved Thermometers and therefore do not provide any warranty in addition to manufacturer’s warranty as to the quality and merchantability of any Approved Thermometers.

Please note that temperature checks are not conclusive. Thermometers test only one sign of a potential disease (someone’s temperature) and should not be relied upon in any circumstances as the sole basis of making any diagnosis. If anyone’s temperature is outside of any parameters they should seek medical advice as soon as possible.

Training and accreditation

After the Partner has bought Subscription with us, we will provide Partner with access to an online platform (Learning Platform). Partner will be able to access through the Learning Platform the training for members of its staff on the appropriate use of the Thermometers and service app, and the applicable health guidelines. Please note that the training will be provided to allow Partners to adhere to guidelines developed by us (Guidelines). Our Guidelines may not correspond with guidelines issued by UK, Scottish, Welsh or Northern Ireland governments and it is the Partner’s responsibility to ensure that they comply with any government guidelines that may be applicable at the time.

In addition to the training mentioned above, Partners will receive work instruction materials and information pamphlets for distribution to Users. It is Partners responsibility to distribute and provide any relevant information to Users and ensure that Partners’ members of staff adhere to the Guidelines at all times.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site and service app please check these terms to ensure you understand the terms that apply at that time. Your continued use of the site and service app will signify your acceptance of any adjustment to these terms.

Please note that changes can be made to the Privacy notice and how we process your personal data. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. Please refer to our Privacy Policy at www.feverfree.zone/pages/privacy-policy for more information.

We may make changes to our site or service app

We may update and change our site or service app from time to time. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our site or service app

Our site and service app are made available free of charge to Users. Users may create their User Account free of charge on our service app, Partners have to buy a Subscription – see more details at Partners Subscription.

We do not guarantee that our site or service app, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site or service app for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site or service app through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may suspend your User or Partner Account

We may suspend your User or Partner Account, terminate your access to the site and service app and/or cancel your Subscription with the immediate effect without refund in case if:

·       As a Partner, you do not comply with our Guidelines or Rules of Use that are relevant to you under these terms;

·       As a User, you do not comply with Rules of Use that are relevant to you under these terms.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms 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.

Our site and service app is only for users in the UK

Our site and service app is directed to people residing in the United Kingdom. We do not represent that content available on or through our site and service app is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

How you may use material on our site and service app

We are the owner or the licensee of all intellectual property rights in our site and service app, and in the material published on it. Those works are protected by copyright and other intellectual property rights around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining our written permission.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site or our service app

The content on our site and service app is provided for general information only. The site and our service app are not intended to amount to advice on which you should rely. You must obtain medical, professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site or use of the service.

Although we make reasonable efforts to update the information on our site and service app, we make no representations, warranties or guarantees, whether express or implied, that the content on our site or service app is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site and service app contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website and our service app may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on [email protected]

Our responsibility for loss or damage suffered by you

Whether you are User or Partner:

·       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 directly caused by our negligence and for fraud or fraudulent misrepresentation.

·       Nothing in these Terms and Conditions will be construed to create a partnership, joint venture, agency, or employment relationship between us and Partners.

·       We do not offer advice or analysis on which you should rely. You must obtain, medical, professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the website and service app or through your use of the service.

If you are a Partner:

·       We exclude all implied conditions, warranties, representations or other terms that may apply to our site or service app or any content on them.

·       We assume no liability to you for any loss or damage arising from your failure to comply with obligation contained in the Rules of use for Users and Partner section within these terms.

·       We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

o   use of, or inability to use, our site or service app; or

o   use of or reliance on any content displayed on our site or service app.

§  In particular, we will not be liable for:

o   loss of profits, sales, business, or revenue;

o   business interruption;

o   loss of anticipated savings;

o   loss of business opportunity, goodwill or reputation; or

o   any indirect or consequential loss or damage.

If you are a User:

·       You agree not to use our site 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.

·       The temperature check is only a single sign of potential illness and should not be relied upon to produce any diagnosis. The temperature check is an extra layer of mitigation against spread of disease and does not guarantee full protection. The Thermometers used by Partners may not produce fully sensitive, specific and therefore accurate temperature checks results. As a result, neither we nor any of the Partners shall be liable for any loss arising from Users contracting any disease, including COVID-19, while on Partners’ premises.

·       We provide relevant training and accreditation to Partners, however we do not have control over and do not assume any liability for operation of the temperature checks by Partners and for any potential losses, liabilities or any other claims arising from it.

·       We will not be liable for any loss, liability, damage or any other claims that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal data

We will only use your personal data as set out in our Privacy Policy.

Uploading content to our site

Any content you upload to our site or service app will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site and service app a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site or service app if, in our opinion, your post does not comply with our content standards.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

When you upload or post content to our site or service app, you grant us the following rights to use that content:

·       a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and service app and across different media to expire when the user deletes the content from the site or the service app;

·       a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the site and service app to expire when the user deletes the content from the site or service app.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site or service app will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site and service app. You should use your own virus protection software.

You must not misuse our site or service app by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site or service app, the server on which our site or service app is stored or any server, computer or database connected to our site or service app. You must not attack our site or service app via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site or service app will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site or service app in any website that is not owned by you.

Our site or service app must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected]

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Scots law. You and we both agree that the courts of Scotland will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England, you may also bring proceedings in England and if you are resident of Wales, you may also bring proceedings in Wales.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.

Our trade marks are registered

“Fever Free Zone” is our trade mark. You are not permitted to use it without our approval.

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