TERMS & CONDITIONS

These terms and conditions are effective as of 2023-09-05

Welcome to the United Hospital Fund of New York City (“UHF”) mobile app. These Terms of Use (“Terms”) sets forth the terms and conditions for your use of the app we operate on Apple’s App Store and Google’s Play Store (the “App”). 
Please read these Terms carefully. By using the App, you agree to be bound by and comply with the Terms, which may be updated from time to time without notice to you. 

United Hospital Fund (“UHF”) built the United Hospital Fund App (“App”) as a free app available to the general public. This SERVICE is provided by UHF at no cost and is intended for use as is.

General

These Terms (which includes the Privacy Policy) are the complete agreement between you and UHF regarding your use of the App and is governed by applicable federal laws and the laws of the State of New York applicable to agreements made and completely performed there. You irrevocably agree to bring any claim or dispute relating to your use of the App and these Terms exclusively in the state and federal courts located in New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. Section titles and headings are for convenience only and have no legal or contractual effect. The failure of UHF to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted, and the remaining provisions will be enforceable to fullest extent permitted by law.

Privacy

These Terms incorporate by reference UHF’s Privacy Policy. Please read the Privacy Policy carefully as you agree to its terms when you use the Site.

App Content

By downloading or using the App, these terms will automatically apply to you. You should consequently be aware of reading these terms carefully before using the App. 

UHF is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. We will never charge you for the App or its services without making it noticeably clear to you exactly that for which you are paying.

Trademarks, Codes, Frames, and Metatags

“United Hospital Fund,” the UHF logo, and other trademarks featured on the App are trademarks owned by UHF or its licensors (“Our Trademarks”). You may not use Our Trademarks without written authorization from us or our licensors, as applicable. Additionally, you may not use Our Trademarks (A) in connection with any product or service that does not belong to us; (B) in any manner that is likely to cause confusion about whether we are the source, sponsor, or endorser of a product, service, or activity; or (C) in a manner that may damage our reputation. 

Unless you obtain our prior written consent in each case, you may not: duplicate or modify the App, any part of the App, or our trademarks in any way. You are not allowed to extract the source code of the App, and you are also prohibited from translating the App into other languages or make derivative versions. The App itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to United Hospital Fund of New York City (“UHF”).

Disclaimers

THE APP AND ALL SERVICES, CONTENT, AND LINKS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE APP OR ANY OF THE SERVICES, CONTENT, AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT OR SERVICES AVAILABLE THROUGH THE APP. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT OR SERVICES AVAILABLE THROUGH THE APP OR CONTENT, GOODS, OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY WEB SITES AND APPS. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE APP, ITS CONTENT AND OUR SERVICES. IF YOU RELY ON THE APP AND ANY CONTENT OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE APP AND ANY CONTENT, INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO THE APP, WE DO NOT GUARANTEE OR WARRANT THAT THE APP, OR SERVICES OR CONTENT THAT MAY BE AVAILABLE THROUGH THE APP, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

IF YOU’RE USING THE APP OUTSIDE OF AN AREA WITH WI-FI, YOU SHOULD REMEMBER THAT THE TERMS OF THE AGREEMENT WITH YOUR MOBILE NETWORK PROVIDER WILL STILL APPLY. AS A RESULT, YOU MAY BE CHARGED BY YOUR MOBILE PROVIDER FOR THE COST OF DATA FOR THE DURATION OF THE CONNECTION WHILE ACCESSING THE APP, OR OTHER THIRD-PARTY CHARGES. IN USING THE APP, YOU’RE ACCEPTING RESPONSIBILITY FOR ANY SUCH CHARGES, INCLUDING ROAMING DATA CHARGES IF YOU USE THE APP OUTSIDE OF YOUR HOME TERRITORY (I.E. REGION OR COUNTRY) WITHOUT TURNING OFF DATA ROAMING. IF YOU ARE NOT THE BILL PAYER FOR THE DEVICE ON WHICH YOU’RE USING THE APP, PLEASE BE AWARE THAT WE ASSUME THAT YOU HAVE RECEIVED PERMISSION FROM THE BILL PAYER FOR USING THE APP.

ALONG THE SAME LINES, UHF CANNOT ALWAYS TAKE RESPONSIBILITY FOR THE WAY YOU USE THE APP I.E. YOU NEED TO MAKE SURE THAT YOUR DEVICE STAYS CHARGED – IF IT RUNS OUT OF BATTERY AND YOU CAN’T TURN IT ON TO AVAIL THE SERVICE, UHF WILL NOT AND CANNOT ACCEPT RESPONSIBILITY.

Limitation of Liability

UHF AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE APP OR ANY SERVICES OR CONTENT AVAILABLE THROUGH IT INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL UHF OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR ) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR SERVICES AVAILABLE THROUGH THE APP OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE APP, SERVICES, OR CONTENT IS LIMITED TO $100. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, hold harmless, and defend (only if requested) UHF and its directors, officers, employees, agents, representatives, partners, licensors, and affiliates against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that the indemnified parties may incur based on claims arising out of your use of the APP or violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we may reasonably request.

You should be aware that there are certain things that UHF will not take responsibility for. Certain functions of the App will require the App to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but UHF cannot take responsibility for the App not working at full functionality if you do not have access to Wi-Fi, and you do not have any of your data allowance left.

The App stores and processes personal data that you have provided to us, to provide our Service. It is your responsibility to keep your phone and access to the App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the United Hospital Fund App will not work properly or at all.

Changes to the App and Termination of the App

At some point, UHF may wish to update the App. The App is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the App to) may change, and you’ll need to download the updates if you want to keep using the App. UHF does not promise that it will always update the App so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the Application when offered to you, We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.

Links to Third-Party Apps and Websites

With respect to UHF’s responsibility for your use of the App, when you’re using the App, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. UHF accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the App.

The App may contain links to websites controlled by third parties (“Third-Party Websites” and “Third-Party Apps”). We are not responsible for Third-Party Websites and Third-Party Apps or their content, goods, services, activities, terms of use, or privacy practices. Any information you share or actions you take on Third-Party Websites and Third-Party Apps are governed by the Third-Party Websites’ or Third-Party Apps terms of use and privacy statements, which you should review carefully. The inclusion of links on our Site does not imply our endorsement of Third-Party Websites and Third-Party Apps, their content, goods, services, or activities. We make no representation or warranty whatsoever about the nature of Third-Party Websites or Third-Party Apps and if you decide to access any other websites linked to or from this App, you do so entirely at your own risk.

The App does use third-party services that declare their Terms and Conditions. Link to Terms and Conditions of third-party service providers used by the App:

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at uhfvendors@uhfnyc.org.

PRIVACY POLICY

This policy is effective as of 2023-09-05

United Hospital Fund of New York (“UHF”) is committed to protecting your privacy. This Privacy Policy, which is part of our Terms and Conditions, describes the information we collect through the United Hospital Fund App (“App”) we operate and own.

This page is used to inform visitors regarding our policies with the collection, use, and disclosure of personally identifiable information (“Personal Information”) if anyone decided to use our Service.

If you choose to use our Service, then you agree to the collection, use, and sharing of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which are accessible at UHF unless otherwise defined in this Privacy Policy.

Please note that this Privacy Policy may be amended from time to time, so please check back regularly. By using the App after we have posted an updated Privacy Policy, you agree to the updated Privacy Policy.

Information Collection and Use

You can browse the App without submitting any personal information to us. For a better experience, while using our Service, we may also collect certain information when you interact with the App. We may require you to provide us with certain personal information, including but not limited to email address, device type, time, and date of visits. We may use this information to analyze how visitors use our App so we can improve the quality of the information and services we provide. The information that we request will be retained by us and used as described in this privacy policy.

We do not use information automatically collected by the App to identify visitors individually except in circumstances where we may deem it necessary in connection with legal process or to protect our rights or the rights of a third party as further described below.

Log Data

We want to inform you that whenever you use our Service, in a case of an error in the App we collect data and information (through third-party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the App when utilizing our Service, the time and date of your use of the Service, and other statistics.

Cookies

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.

This Service does not use these “cookies” explicitly. However, the App may use third-party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.  

Location of Servers and Transfer of Information

Information collected through the App will be accessed and processed in the United States. In addition, your information may be transferred outside the United States by our Service Providers with locations in other countries. By using the App and providing your Personal Information to us, you consent to this transfer and to the collection, storage, processing, and use of your Personal Information both within and outside of the United States.

Links to Other Sites

This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that we do not operate these external sites. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Service Providers

We want to inform users that the app and service does employ and use third-party service providers (“Service Providers”) that may collect personal information. We may share your Personal Information with our service providers to help us facilitate our service, provide services in connection with the App, perform service-related tasks assigned to them on behalf of the App, or to assist us in analyzing how the Site is used. However, they are obligated not to disclose or use the personal information for any other purpose.

Link to the privacy policy of third-party service providers used by the App:

Children’s Privacy

These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13 years of age. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do the necessary actions.

Security

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security

Indemnification

We also reserve the right to disclose and use Personal Information and other information in special circumstances, including to enforce this Privacy Policy or any other part of our Terms, to comply with legal process or law enforcement, to address actual or suspected illegal activity, to protect our property or rights; to protect the rights and safety of anyone, or for other reasons we determine in good faith are necessary, appropriate, or required by law.  If we ever merge with, are acquired by, or otherwise consolidate with another organization, Personal Information may be transferred along with our other assets.

Updating or Removing Your Personal Information

You may choose to correct, update, access, or delete information you have submitted to us by contacting us at the following:
Email:    uhfvendors@uhfnyc.org
Telephone: 212-494-0700
Address:  1411 Broadway, 12th Floor, New York NY 10018
If you no longer wish to receive communications from us, you can also unsubscribe by clicking on the “unsubscribe” button in any email communication you receive from us.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page.

Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at uhfvendors@uhfnyc.org.