Terms of Use

 

This document outlines the terms of use for the ORCHA website

 

For developers

 

  • All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ORCHA Health Ltd, a company registered in England, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
  • Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ORCHA’s express prior written consent.
  • Any extracts from the website that are reproduced for non-commercial purposes should be supported by a full acknowledgement and reference to ORCHA
  • The publishing of hyperlinks to external websites is for information and reference purposes. It does not imply any Approval of their contents or commercial affiliation. ORCHA is not responsible for the accuracy, timeliness or relevance of such linked websites.
  • ORCHA provides an objective and independent assessment of health and medical Apps. This is an advisory not regulatory service, but we do advise where regulatory issues may be important and should be considered further. It is however ultimately the responsibility of the developers and/or publishers of an App to ascertain its compliance with all relevant regulatory standards.
  • Our rating process is undertaken using a rigorous process that has been tested thoroughly by ORCHA Reviewers with feedback from independent end users and developers. It is underpinned by evidence that has been academically and clinically verified by, standards, legislation and guidelines.
  • Each App is Scrutinised by a Reviewer, who tests all the features and reads associated information in sections such as Terms & Conditions, About, Read Me. More detail on the Review process can be found at orcha.co.uk.
  • The ORCHA Review is primarily an assessment of an Apps compliance with current standards, regulation and good practice. Our Review is constantly updated to reflect changes in these standards. The higher the ORCHA Score achieved the more compliant the App is with these standards. It is therefore also a comparative Review, showing similar Apps compliance and allowing end users and professionals to form a judgement as to which App appears to be the best, based on its level of compliance. The ORCHA Review does not take account of end user feedback Scores on either of the two primary App market places. There is considerable evidence that these Scores are unreliable in many circumstances. The ORCHA Review therefore seeks to establish an Apps performance through its compliance with the standards noted above. This does not mean that poorly scoring Apps are necessarily poor Apps. It does however mean that the relevant Developer has taken less care over the Apps compliance than other better scoring Apps. In the critical area of health and care, we believe that developers should take compliance with standards extremely seriously and no matter how good the user experience of an App might be, if the App is not clinically safe and robust or its treatment of often sensitive health data is not correct, it should be treated with caution. At its most extreme some Apps are technically medical devices and require full assessment and Approval in the UK by the MHRA and in other jurisdictions by similar regulatory bodies. An App of this nature should not be made available to the general public until it has been assessed and accredited.
  • ORCHA Reviews are based on the information provided by App developers within the App itself and available in the public domain and we are not responsible for inaccuracies or errors in the information provided. Even where the information provided is accurate, our Review cannot guarantee that an App will perform as promised in any specific circumstances or that the App is free now or in the future from any bugs or issues that might affect its performance.
  • If we have Reviewed an App that you have developed, we will contact you via the email given either on the App or on the App website with the Review Scores 10 working days in advance of publication. If for any reason, you believe the information on which our Review is based is incorrect or has been interpreted incorrectly, please let us know at feedback@orcha.co.uk. If there is a mistake, we will rectify it as soon as possible. ORCHA will not normally enter into a dialogue with you unless we believe there is an inaccuracy.
  • Review Scores are published on the various ORCHA App Platforms. Developers can access a detailed report by registering via the link provided in the notification email. The report shows Reviewer comments and includes suggestions for how information to users can be enhanced to improve your ORCHA rating.
  • If you later become aware of any bugs or issues affecting an App’s performance please let us know as soon as possible at feedback@orcha.co.uk.
  • The data we hold on our individual subscribers includes user name and email address. We correlate anonymised data with your download and website interaction patterns to improve our understanding of how the website is used, which Apps are most valued and by which groups. We retain your name and email address in case we wish to contact you. All data is held securely, according to the terms of the Data Protection Act 1998. We will not give or sell your data to any third party, but we will share aggregated reports based on anonymised user data with NHS policy makers, commissioners and providers, as well as business clients to assist them to improve their products or services. You may request a copy of the individual data we hold on you at any time.
  • A developer account will also hold details of all of your Apps and related Scores. All Reviews (included archived earlier versions) are held on file and can be accessed only by the ORCHA Review team.
  • You may request that your account is terminated at any time, by contacting us at feedback@orcha.co.uk. We will continue to hold information held on you prior to that date, but will not collect any more. Terminating an account will however not remove any Reviews on your Apps that we have published or prevent us Reviewing and publishing Reviews on any of your Apps in the future.
  • The ORCHA website uses cookies which are to help enhance user experience and help make visits to our site more effective. Cookies are small data files which are sent from a web server to a web browser, and, depending on the type of cookie being used, either expire at the end of a browsing session or are stored until a set date. Cookies are used for a variety of purposes, namely to help us monitor how users use our site and how we can best modify it to accommodate their needs. You will have options to restrict the use of cookies, but please note that if you do this it may impact on the functionality of our website. By using our website and agreeing to the terms of this policy, you consent to our use of cookies in accordance with the terms of this policy.
  • You may not use this website for unlawful purposes, in any way that breaches Applicable law or regulation. You may not use our content fraudulently or for the purposes of generating unsolicited (spam) emails or computer viruses.
  • These Terms and Conditions are governed by English law. We reserve the right to change our Terms and Conditions at any time, as they are updated to meet changing needs and any new legislation.

 

For end users

  • All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ORCHA Healthcare Ltd, a company registered in England, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
  • Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ORCHA express prior written consent.
  • Any extracts from the website that are reproduced for non-commercial purposes should be supported by a full acknowledgement and reference to ORCHA.
  • The publishing of hyperlinks to external websites is for information and reference purposes. It does not imply any Approval of their contents or commercial affiliation. ORCHA is not responsible for the accuracy, timeliness or relevance of such linked websites.
  • ORCHA provides an objective and independent assessment of health and medical Apps. This is an advisory not regulatory service, but we do advise where regulatory issues may be important and should be considered further. It is however ultimately the responsibility of the developers and/or publishers of an App to ascertain its compliance with all relevant regulatory standards.
  • Our rating process is undertaken using a rigorous process that has been tested thoroughly by ORCHA Reviewers with feedback from independent end users and developers. It is underpinned by evidence that has been academically or clinically verified, standards, legislation and guidelines.
  • Each App is scrutinised by a Reviewer, who tests all the features and reads associated information in sections such as Terms & Conditions, About, Read Me. More detail on the Review process can be found at www.orcha.co.uk.
  • The ORCHA Review is primarily an assessment of an Apps compliance with current standards, regulation and good practice. Our Review is constantly updated to reflect changes in these standards. The higher the ORCHA Score achieved the more compliant the App is with these standards. It is therefore also a comparative Review, showing similar Apps compliance and allowing end users and professionals to form a judgement as to which App appears to be the best, based on its level of compliance. The ORCHA Review does not take account of end user feedback Scores on either of the two primary App market places. There is considerable evidence that these Scores are unreliable in many circumstances. The ORCHA Review therefore seeks to establish an Apps performance through its compliance with the standards noted above. This does not mean that poorly scoring Apps are necessarily poor Apps. It does however mean that the relevant Developer has taken less care over the Apps compliance than other better scoring Apps. In the critical area of health and care, we believe that developers should take compliance with standards extremely seriously and no matter how good the user experience of an App might be, if the App is not clinically safe and robust or its treatment of often sensitive health data is not correct, it should be treated with caution. At its most extreme some Apps are technically medical devices and require full assessment and Approval in the UK by the MHRA and in other jurisdictions by similar regulatory bodies. An App of this nature should not be made available to the general public until it has been assessed and accredited.
  • ORCHA Reviews are based on the information provided by App developers within the App itself and available in the public domain and we are not responsible for inaccuracies or errors in the information provided. Even where the information provided is accurate, our Review cannot guarantee that an App will perform as promised in any specific circumstances or that the App is free now or in the future from any bugs or issues that might affect its performance.
  • The data we hold on our subscribers includes user name and email address. We correlate anonymised data with your download and website interaction patterns to improve our understanding of how the website is used, which Apps are most valued and by which groups. We retain your name and email address in case we wish to contact you. All data is held securely, according to the terms of the Data Protection Act 1998. We will not give or sell your data to any third party, but we will share aggregated reports based on anonymised user data with NHS policy makers, commissioners and providers, as well as business clients to assist them to improve their products or services.
  • ORCHA only share data related to usage and Utilisation patterns of Apps and our website. We do not have any means to link the personal data we hold with any patient records, or other records that may be held by public of private bodies. You may request a copy of the data we hold on you at any time.
  • You may request that your account is terminated at any time, by contacting us at feedback@orcha.co.uk. We will continue to hold information held on you prior to that date, but will not collect any more.
  • The ORCHA website uses cookies to help enhance user experience and help make visits to our site more effective. Cookies are small data files which are sent from a web server to a web browser, and, depending on the type of cookie being used, either expire at the end of a browsing session or are stored until a set date. Cookies are used for a variety of purposes, namely to help us monitor how users use our site and how we can best modify it to accommodate their needs. You will have options to restrict the use of cookies, but please note that if you do this it may impact on the functionality of our website. By using our website and agreeing to the terms of this policy, you consent to our use of cookies in accordance with the terms of this policy.
  • The content on our website is not intended to be a substitute for professional medical care by a qualified doctor or other healthcare professional. You should always check with your doctor if you have any concerns about your health, your condition or any treatment you may be taking or planning to take. If you are a healthcare professional, this website is intended to support and enhance, but not to replace your own judgment and knowledge.
  • If you receive an App Recommendation from a Health and Care Professional via an ORCHA powered platform, the Recommendation is being made based on that Professionals judgement about the suitability of an App for your specific needs. The Professional will use the ORCHA Review and Score to support that assessment and is reliant upon the information provided. The ORCHA Review and Score is in turn as noted above reliant in many respects on the accuracy of the information provided by the App Developer themselves and neither the Professional or ORCHA are responsible for inaccuracies or errors in that information. As noted above even where the information provided is accurate, the ORCHA Review cannot guarantee that an App will perform as promised in any specific circumstances or that the App is free now or in the future from any bugs or issues that might affect its performance and neither the Professional or ORCHA can be held responsible for issues arising in these circumstances.
  • You may not use this website for unlawful purposes, in any way that breaches Applicable law or regulation. You may not use our content fraudulently or for the purposes of generating unsolicited (spam) emails or computer viruses.
  • These Terms and Conditions are governed by English law. We reserve the right to change our Terms and Conditions at any time, as they are updated to meet changing needs and any new legislation.