This is the Fair Use Policy (“FUP”) of Peppy Health Limited (“Peppy”), a company registered in England and Wales under company number 11534232 with registered office address 128 City Road, London, United Kingdom, EC1V 2NX. In this document, “We”, “Our”, or “Us” refer to Peppy. “You”, “Your” and “Yourself” refer to people with an End User account which authorises them to access Our Platform and Our Services. Unless stated otherwise, capitalised terms used in this FUP shall have the meaning given to them in the End User Terms & Conditions.
Failure to comply with this FUP may result in the immediate suspension or removal of Your access to the Platform and Our Services.
We remind You that when You are connected to the internet via Our service You must comply with the law. End User account holders must not use Our service:
a) for the improper use of a public electronic communications network which is or would be an offence under Section 127 of the Communications Act 2003;
b) any unauthorised access or denial of service attack which is or would be an offence under Sections 1, 2 or 3 of the Computer Misuse Act 1990;
c) to commit an offence under the Regulation of Investigatory Powers Act 2000; and
d) to commit an offence under any other relevant UK legislation.
We are constantly trying to improve Our Services, so We reserve Our rights to update this FUP and the content of the Services at any time and publish the most recent copies of Our FUP on Our Platform without prior notice to You. If You do not agree with Our new FUP, You are free to reject them; which unfortunately, will end Your rights to use the Platform and the Services. If You use or access the Services in any way after a change to the FUP is effective, that means You agree to all of the changes. Except for changes by Us as described here, no other amendment or modification of the FUP will be effective.
2. Your Responsibilities
You are responsible for Your actions when connected to Our network and the systems You access through Your internet connection. If You act without care or irresponsibly in using Your internet connection or Your actions put at risk the integrity or security of the Peppy network, systems or equipment, Your access may be restricted, suspended or terminated, without prior notice.
In particular, You agree that You will not use, attempt to use or allow Your internet connection to be used to:
a) upload, post, or transmit, or otherwise make available any content or materials on the Platform that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
b) upload, post, email, or otherwise transmit through the Platform or Services by any means, any content which could be considered to be “explicit”, specifically including explicit images involving minors, without a legitimate medical justification for doing so;
c) impersonate any person or entity, including another user, Practitioner, or an employee of Peppy, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d) stalk or otherwise harass another user or any of Our employees or Practitioner;
e) forge or plagiarise headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
f) upload, post, email, or otherwise transmit through the Services by any means, content, materials, or comments that could be characterised, or are intended, as “medical advice”;
g) attempt to interfere with or disrupt Our information technology servers or networks;
h) solicit, collect, or post personal data or attempt to solicit, collect, or post personal data about other users, any minors, or users, including user names or passwords; or access or attempt to access another user’s End User account without his or her consent or, in the case of a minor, that of the minor’s parent or guardian or other responsible adult;
i) store, send or distribute confidential information, copyright material or other content which is subject to third party intellectual property rights, unless You have a lawful right to do so;
j) do anything which defames, harasses, threatens, abuses, menaces, offends, violates the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings;
k) do any other act or thing which is illegal, fraudulent or otherwise prohibited under any applicable law or which is in breach of any code, standard or content requirement of any other competent authority;
l) do anything which interferes with other users or restricts or hinders any person from accessing or using Our internet connection service or systems including the excessive usage of bandwidth under section 2.3 below;
m) access, monitor or use any data, systems or networks, including another person’s private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network;
n) deliberately compromise the security or integrity of any network or system including Our network;
o) knowingly access, download, store, send or distribute any viruses or other harmful programs or material;
p) send or distribute unsolicited advertising, bulk electronic messages or overload any network or system including Our network and systems (including the excessive usage of bandwidth under section 2.3 below);
q) invade anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and consent;
r) tamper with, hinder the operation of or make unauthorised modifications to any network or system; or
s) authorise, aid, abet, encourage, conspire with or incite any other person to do or attempt to do any of the above acts.
In addition, You may not use Our network to create, transmit, distribute, or store content that:
a) violates a trademark, copyright, trade secret or other intellectual property rights of others;
b) violates export control laws or regulations;
c) violates the privacy, publicity or other personal rights of others;
d) impairs the privacy of communications;
e) constitutes deceptive online marketing, causes technical disturbances to Our network (including excessive usage of bandwidth under section 2.3 below), its affiliated networks, or the network used by End Users to access the Email service, or violates the policies of such networks by, including, but not limited to, the intentional introduction of any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data; or
f) assists, encourages or permits any persons in engaging in any of the activities described in this section.
If You become aware of any such activities, You are obligated to immediately notify Us and take all other appropriate actions to cause such activities to cease.
3. Excessive Usage of Bandwidth
The use of bandwidth which is inappropriate for a particular service is to be avoided. In the event that excessive usage of bandwidth on a consistent basis is detected Peppy will contact You to propose a more suitable service as a replacement. If You decline to accept the suggested replacement service and the excessive usage continues We reserve the right to restrict, suspend or terminate Your End User account access, at Our discretion.
Examples of excessive bandwidth usage are:
- a circuit that uses in excess of 100GB of bandwidth in a 24 hour period; or
- a group of circuits (as part of the same company or end user group) that consumes bandwidth in excess of 100GB at each site on the same day(s).
Large bandwidth requirements across numerous sites would be better suited by a solution that does not have the potential to impact other End Users.
4. Administration of Policy
You understand that the administration of this policy requires the exercise of Peppy’s absolute discretion and judgement. Peppy agrees to exercise good faith in the administration of this policy and in making determinations under the policy. Your failure to comply with the terms or this FUP or act in any way in which Peppy may determine in its absolute sole discretion (acting reasonably) to be unfair or harmful, may lead to the permanent deletion of Your account.