Last updated 13 June 2023

These Terms set forth the terms and conditions for using Nightingale Health’s Website. Please read the Terms carefully before accessing, browsing, or using the Website.

1 Definitions

As used herein, the following terms have the meanings defined below:

Cookie Policy

means our Cookie Policy

Nightingale Health (we, us)

means Nightingale Health Plc and its group companies

Nightingale Health Brand Assets

means the materials (such as photos, videos, and logos) included in Nightingale Health’s brand assets available at assets.nightingalehealth.com

Privacy Policy

means our Privacy Policy for Business Contacts and Visitors

Terms

means these Website Terms of Use

Website

means Nightingale Health’s websites at nightingalehealth.com

2 Use of the Website

By accessing, browsing, or using the Website, you accept and agree to be bound by these Terms. If you object to any provision of these Terms, please exit the Website.

You must comply with the laws of the country from which you access the Website, and you agree not to use the Website in violation of such laws.

Nightingale Health grants you a permission to lawfully access, browse, and use the Website to view, download, and print pages from the Website for your own personal, non-commercial use, and to use the functionalities of the Website subject to all the restrictions set out in these Terms and on the Website. You shall not modify the Website content and you shall retain all copyright and other proprietary notices contained in the Website content. Press releases and other content intended as being public may be used for public communications, provided that you clearly state the source of the information. For information on use of the Nightingale Health Brand Assets, please see section 3 below.

All use and exploitation of the Website and the Website content not expressly permitted in these Terms, such as reproduction, transfer, distribution, and storage of Website content, is prohibited without Nightingale Health’s prior written consent. In particular, you shall not:

  • sell, sublicense, and/or otherwise commercialize Website content;
  • publicly perform and/or display Website content not intended as being public;
  • use the Website in any way that causes damage to the Website, Nightingale Health, or any third party (such as impairment of the Website’s availability or accessibility);
  • use the Website for any illegal, fraudulent, or otherwise harmful activity;
  • use the Website 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 Website or use thereof; or
  • use the Website to engage in any advertising or marketing.

Certain areas of the Website have restricted access. We may further restrict your access to any areas of the Website, at any time, in our sole discretion. You must keep your login credentials (user ID and password) to restricted areas of the Website 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 any use of the Website 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.

3 Nightingale Health Brand Assets

The Nightingale Health Brand Assets 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. 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.

The Nightingale Health Brand Assets include 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 Nightingale Health Brand Assets must always be attributed to Nightingale Health.

The Nightingale Health Brand Assets must not be modified without Nightingale Health’s prior written consent and must be deleted from local storage when they are no longer needed for the purposes listed above in this section 3. 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.

4 Intellectual Property Rights

Website content (such as brand names, slogans, text, images, and audio-visual elements) is subject to copyright protection. 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 Website, Nightingale Health and/or its licensors own all rights, title, and interest, including all intellectual property rights, in and to the Website 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.

5 Your Content

Some parts of the Website may allow you to share audio, video, text, image, or other content on the Website. Such shared content must be lawful, fit for publication, and not infringe any third-party rights. You must have the right to share and publish the content on the Website. We reserve the right to remove any content from the Website at any time, for any reason, and without prior notice.

Unless otherwise agreed in writing, Nightingale Health treats any content you publish on the Website as non-confidential and non-proprietary. To the extent necessary for Nightingale Health’s use of the content, you hereby grant to Nightingale Health a non-exclusive, worldwide, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable right and license to use, reproduce, adapt, publish, translate, distribute, develop, disclose, assign, and otherwise exploit the content for any purpose, in any way, and on all media, without attribution or compensation to any party. This does not apply to processing of your personal data which will be done in accordance with the Privacy Policy.

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 content you publish on the Website.

6 Warranties

Nightingale Health is responsible for the contents of its services and information Nightingale Health presents on the Website in accordance with the applicable mandatory law and the contract Nightingale Health has entered into with you. The Website is otherwise provided “as is” and “as available”, and Nightingale Health makes no representations or warranties of any kind related to the Website and/or its content, whether express, implied, 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 Website will be constantly available or available at all, or that the information on the Website is complete, true, or accurate.

7 Limitation of Liability

The limitations and exclusions of liability under this section 7 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 Website. We share no liability for any inaccuracies, delays, or failures contained on the Website, or for any direct, indirect, consequential, punitive, or special damage arising out of use of, or inability to use, the Website.

You are solely responsible for your misuse of the Website and for your breach of these Terms, as well as for the consequences of such misuse or breach.

8 Data Protection and Cookies

We process personal data in accordance with the requirements of the EU General Data Protection Regulation 2016/679 and other applicable mandatory data protection laws. For full description of Nightingale Health’s data protection principles, see our Privacy Policy.

The Website uses cookies. For more information on the cookies used on the Website and your rights related thereto, please visit our Cookie Policy.

9 Third Party Links

The Website 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.

10 Forward-looking statements

Nightingale Health and its business are exposed to various risks and uncertainties. Thus, certain statements on the Website are not historical facts but forward-looking statements, such as those regarding Nightingale Health’s future business, financial performance, and industry. These statements are based on Nightingale Health and its management’s best assumptions in light of the currently available information. Actual results may differ materially from these assumptions due to both external conditions (such as economic and industry factors) and internal conditions (such as operating factors). Nightingale Health does not undertake any obligation to revise forward-looking statements, except to the extent legally required.

11 Other Provisions

Each section of these Terms operates separately. If any court or relevant authority decides that any of them are invalid, illegal, or otherwise unenforceable, the remaining sections will remain in full force and effect.

We are permitted to revise the contents of the Website and these Terms from time to time in our sole discretion. Your continued use of the Website 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 Website, constitute the entire agreement between Nightingale Health and you with respect to your use of the Website, 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.

12 Governing Law and Dispute Resolution

Unless otherwise required by applicable mandatory law, these Terms and any legal action or proceeding relating to these Terms and/or the Website shall be governed by and construed in accordance with the substantive laws of Finland excluding its choice of law provisions.

13 Contact Us

If you have any questions, feedback, or complaints regarding the Website or these Terms, please contact us: