NEUROCLIN LIMITED – ONLINE MEMORY TEST BY LINUS HEALTH
These are the Terms of Use relative to the taking of the Linus Health online memory test and lifestyle questionnaire (“the Test”) by persons through the NeuroClin Limited (“NeuroClin”) website and the provision of Test results (“the Results”) and a resultant Brain Health Action Plan to such persons.
Such persons are referred to in these Terms of Use as “Customer” or “you”.
Access to the Test and provision of Results and the Brain health Action Plan are referred to collectively as “the Services”.
By agreeing to these Terms of Use Customer agrees to adhere to and be bound as follows.
- You have started the Test after completing the speaker/microphone check tasks and must complete it once started. Failure to complete the Test once started may mean that you cannot retake the Test for at least two months.
- Once payment of the £75 price for the Test (“the Fee”) has been made, the Fee is not refundable under any circumstances including failure to complete the Test. If you require to retake the Test, payment of the Fee may be required again.
- By paying the Fee, Customer is granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access the Test in order to carry out the Test and for no other use whatsoever.
- All intellectual property rights (including copyright) in the Test and in the software facilitating it (“the Software”) shall remain the property of Linus Health and you shall have no rights to such intellectual property other than the licence provided for in clause 3. You shall not copy or attempt to copy the contents of the Test.
- Copyright in the format of the Results and the Brain Health Action Plan (other than to the extent related to your personal data) shall also remain the property of Linus Health and you agree not to copy or use them for any purposes other than consideration of your own personal health and lifestyle circumstances.
- Customer will not and will not permit any third party to: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Software or platform on which it is built (“the Platform”) (ii) modify, translate or create derivative works based on the Software or the Platform, (iii) copy the Software; (iv) hack, manipulate, interfere with or disrupt the integrity or performance of or otherwise attempt to gain unauthorised access to the Software, Platform or related systems, hardware or networks or any content or technology incorporated in any of the foregoing; or (vi) remove, obscure or alter any proprietary notices or labels of Linus Health, its suppliers or other service providers on the Software or Platform.
- You shall not input any offensive, illegal or other inappropriate data or content to the Test.
- Please see our Privacy Policy which informs you as to use, processing and retention of your personal data. You will also have the opportunity to consider the Linus Health privacy notice before starting the Test.
- NeuroClin makes no warranties or representations express or implied in respect of the Test, the Results, the Brain Health Action Plan or the Services including but not limited to any warranty of merchantability or fitness for any particular purpose. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 11C, 11D and 11E of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, hereby excluded.
- You agree that the purchase of the Services is made by you on an “as is” basis. The Results and the Brain Health Action Plan are not intended to provide a medical diagnosis but rather provide an indication of the state of your cognitive function. It is highly recommended that you book an appointment to speak to one of our medical team about your Results if they indicate that your cognitive function may be impaired.
- To the extent permitted by law, the maximum liability of NeuroClin to you in contract, delict, tort (including negligence), misrepresentation, restitution or otherwise in respect of any matter arising in relation to the Test, the Results, the Brain Health Action Plan, the Services or under or in connection with these Terms of Use shall be limited to the Fee.
- Please note that occasionally access to the Test may not be immediately available due to planned or unplanned maintenance by Linus Health. If this is the case, please try again the next day and within UK business hours. If you have any complaints or concerns about the Services, please contact NeuroClin and not Linus Health using the contact details [email protected] .
- These Terms of Use shall be governed by Scots law, and you and NeuroClin agree to be bound by the exclusive jurisdiction of the Scottish Courts.