Last updated 14 September 2022
1 Use of the Site
By accessing, browsing, or using the Site, you accept and agree to be bound by these Terms. If you object to any provision of these Terms, please exit the Site.
You must comply with the laws of the country from which you access the Site, and you agree not to access or use the Site in violation of such laws.
Nightingale Health grants you a permission to lawfully access, browse, and use the Site to view, download, and print pages from the Site for your own personal, non-commercial use, subject to all the restrictions set out in these Terms and on the Site, and provided that you do not modify the Site content and you retain all copyright and other proprietary notices contained in the Site content. Press releases and other documents indicated as being public can be used for public communications, provided that you clearly state the source of the information. For information on use of materials included in Nightingale Health Brand Assets, please see Section 2 below.
All use and exploitation of the Site and the Site content not expressly permitted in these Terms, such as reproduction, transfer, distribution, and storage, is prohibited without Nightingale Health’s prior written consent. In particular, you shall not:
- sell, sublicense, and/or otherwise commercialize any content on the Site;
- publicly perform and/or display any Site content not already indicated as being public;
- use the Site in any way that causes damage to the Site, Nightingale Health, or any third party (such as impairment of the Site’s availability or accessibility);
- use the Site for any unlawful, illegal, fraudulent, or otherwise harmful activity;
- use the Site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) a computer virus or other malicious computer software;
- engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Site or use thereof; or
- use the Site to engage in any advertising or marketing.
Certain areas of the Site may have restricted access. We may further restrict your access to any areas of the Site, at any time, in our sole discretion. You must keep your login credentials (user ID and password) to restricted areas of the Site confidential, and you shall notify Nightingale Health immediately of any unauthorized access to or use of your account.
We reserve the right, without prior notice and in our sole discretion, to suspend or modify any use of the Site for illegal, fraudulent, or other similar activity, or if there has been a suspected or actual breach of security or other failure to comply with these Terms.
2 Nightingale Health Brand Assets
All materials included in the Nightingale Health Brand Assets available at assets.nightingalehealth.com are the sole and exclusive property of Nightingale Health and/or its licensors. The materials may only be used by Nightingale Health, Nightingale Health’s business partners and media contacts for the purposes of communication, marketing, sales, and promotion relating to Nightingale Health and/or its services. Media contacts’ use of the materials is further limited to editorial use only in connection with articles and publications about Nightingale Health. No other use or exploitation of the materials is allowed without Nightingale Health’s prior written consent.
Nightingale Health Brand Assets include additional legal notices, disclaimers, and/or use guidance (such as copyright notices, image descriptions, and/or use restrictions) which need to be complied with at all times. The materials included in the Nightingale Health Brand Assets must always be attributed to Nightingale Health.
The materials included in the Nightingale Health Brand Assets must not be modified without Nightingale Health’s prior written consent and must be deleted from storage locations outside the Nightingale Health Brand Assets when they are no longer needed for the purposes listed above in this Section 2. Nightingale Health may at any time, in its sole discretion, request any party to stop the use of the materials and destroy or return all such materials and any copies thereof.
3 Intellectual Property Rights
Site content (such as brand names, slogans, text, images, and audio-visual elements) is subject to copyright protection with all intellectual property rights reserved by Nightingale Health and/or its licensors. NIGHTINGALE HEALTH, LIVIT BLOOD COLLECTION KIT, NIGHTINGALE KIT, LIVIT, and LIVIT BY NIGHTINGALE HEALTH are trademarks of Nightingale Health and may not be used without Nightingale Health’s permission. Unless otherwise expressly stated in connection to content available on the Site, Nightingale Health and/or its licensors own all rights, title, and interest, including all intellectual property rights, related to and displayed on the Site and the Site content. Unless otherwise expressly set forth in these Terms, Nightingale Health does not grant you any license or other right to use any of the above-mentioned intellectual property rights.
4 Your Content
Some parts of the Site may allow you to share audio, video, text, image, or other content on the Site (“Your Content”). Your Content must be lawful, fit for publication, and not infringe any third-party rights. You must have the right to share and publish Your Content on the Site. We reserve the right to remove any Your Content from the Site at any time, for any reason, and without prior notice.
To the extent permitted by applicable mandatory law, you agree to defend, indemnify, and hold harmless Nightingale Health (including Nightingale Health’s officers, directors, owners, and employees) from and against any and all losses, liabilities, judgments, damages, costs, and expenses incurred as a result of any third-party claims arising out of or relating to Your Content.
Nightingale Health is responsible for the contents of its services and information Nightingale Health presents on the Site in accordance with the applicable mandatory law and the contract Nightingale Health has entered into with you. The Site is otherwise provided “as is” and “as available”, and Nightingale Health makes no representations or warranties of any kind related to the Site and/or its content, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nightingale Health expressly disclaims all such warranties and representations. In particular, Nightingale Health does not warrant that the Site will be constantly available or available at all, or that the information on the Site is complete, true, or accurate.
6 Limitation of Liability
The limitations and exclusions of liability under this Section 6 shall apply to the maximum extent permitted by applicable mandatory law.
In no event shall Nightingale Health (including Nightingale Health’s officers, directors, owners, and employees) be liable to you for anything arising out of, or in any way connected to, your use of, or inability to use, the Site. We share no liability for any inaccuracies, delays, or failures contained on the Site, or for any direct, indirect, consequential, punitive, or special damage arising out of your use of, or inability to use, the Site.
You are solely responsible for your misuse of the Site and for your breach of these Terms, as well as for the consequences of such misuse or breach.
7 Data Protection and Cookies
8 Third Party Links
The Site contains links to websites maintained by third parties. Such links are provided for your convenience only and do not reflect any endorsement by Nightingale Health with respect to the third-party site or the quality, reliability, or any other characteristics thereof. Nightingale Health is not responsible for any content or other matter associated with a third-party site, and your use of or reliance on the contents of a third-party site is at your own risk and subject to the terms and conditions applicable to the third-party site.
9 Other Provisions
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are invalid, illegal, or otherwise unenforceable, the remaining paragraphs will remain in full force and effect.
We are permitted to revise the contents of the Site and these Terms from time to time in our sole discretion. Your continued use of the Site following any such revision shall constitute your acceptance of the revision. Any changes to these Terms will be posted on this page.
We are permitted to assign, transfer, and subcontract our rights and obligations under these Terms without any notification or consent required from any party. You are not permitted to assign, transfer, or subcontract any of your rights or obligations under these Terms to any third party without Nightingale Health’s prior written consent.
These Terms, including any legal notices and disclaimers contained on the Site, constitute the entire agreement between Nightingale Health and you with respect to your use of the Site, and unless otherwise expressly agreed in writing by Nightingale Health, shall supersede all prior agreements and understandings with respect to the same. No other communications, whether oral or written, are considered as part of the agreement.
10 Governing Law and Jurisdiction
Unless otherwise required by applicable mandatory law, these Terms and any legal action or proceeding relating to these Terms, the Site or Site content shall be governed by and construed in accordance with the substantive laws of Finland excluding its choice of law provisions.
11 Contact Us
If you have any questions, feedback, or complaints regarding the Site or these Terms, please contact us:
- by email at firstname.lastname@example.org; or
- by post at Nightingale Health Plc, Mannerheimintie 164a, 00300 Helsinki, Finland.