Terms and Conditions

Last updated: 8th October 2014

  1. About us and these Terms of Use

    This Website is controlled and operated by medDigital Limited ("medDigital", "we", "us", "our"). We are a company registered in England and Wales with the company registration number 06453053. Our registered office address is 22 Upper Ground, London, SE1 9PD and our VAT number is GB 926621717.

    These terms of use ("Terms") govern how we makes the Website available and provide the services (the "Services") available through the Website to each person or entity accessing or using the Website or the Services (each a "User", "you", "your" or "they"). By: (a) accessing, browsing or otherwise using the Website by any means and via whatever device; or (b) clicking "Register" (or any other button indicating your acceptance of these Terms), you agree to be bound by these Terms.

    Some areas of the Website, or Services that are offered via the Website, may be subject to additional terms and conditions which you should read carefully before making any use of those areas. Any such terms will not vary or replace these Terms, unless otherwise expressly stated.

    If you do not agree to be bound by these Terms then you must not access, browse, register with or otherwise use the Website or any of the Services in any way.

  2. How to contact us

    If you have any questions, comments or complaints about the Website please contact us by email at support@medDigital.com

  3. Changes to these Terms

    We reserve the right to change these Terms at any time without notice. Accordingly, we encourage you to revisit these Terms regularly to ensure that you are at all times fully aware of them. Any changes will be effective immediately upon posting to the Website. Your continued access, browsing or other use of the Website and/or the Services constitutes your agreement to all such Terms.

  4. Privacy, Cookies and data protection

    Full details of how we collect, hold and process your personally identifiable information are set out in our Privacy Policy.

    We are committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract Users under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18.

  5. Legal status/Children

    If you are under 18 years old you are not eligible to create an Account (as set out in section 6 below) or otherwise use the Services. We will assume (and by using this Website and/or the Services you warrant) that all Users are over 18 years old, that they use the Website and Services in a business capacity and that they have the legal capacity and authority to enter into the agreement set out in these Terms and any contract made via the Website.

    If a User is a company or other legal entity, the User warrants that: (a) it has, and at all material times shall have, full power and authority to enter into and perform its obligations under these Terms; and (b) it has duly authorised its employees or agents to create an Account (as set out in section 6 below) and agree to these Terms on its behalf.

  6. Account

    In order to use any of the Services, you must create and maintain an account with medDigital.

    Accounts are limited to one account per User. It is a condition of use that all the details you provide when creating your Account are correct, current and complete. If we believe that the details are not correct, current or complete, we reserve the right to refuse you access to the Website and/or to terminate or suspend your Account.

    If you create an Account and you choose, or you are provided with, a password as part of the Account creation process, you must treat your password as confidential and you must not disclose it to anyone else (or, in the case of a User that is a company, only disclose it to your duly authorised employee or agent).

    If you believe your Account details have become known to someone else: (a) you must immediately inform us by contacting support@medDigital.com and (b) you will be liable for any loss or damage resulting from such unauthorised use or disclosure (regardless of whether or not you notify us).

  7. Payment

    Some of the Services may be chargeable on a subscription basis. You agree that we are permitted to charge subscription fees and any other charges that you may incur in connection with your use of such Services. The charges will be charged on the first day you subscribe and monthly thereafter. These charges will continue until you cancel the subscription or move to a free plan, if any exist, and regardless of how much you use the Services. All fees and charges are non-refundable.

    All prices quoted are exclusive of value added tax and other applicable taxes on the supply of goods and services (together defined as "VAT"), which, where applicable, must be paid in addition.

    If you choose to pay by credit or debit card, you warrant you are authorised to use the relevant card and that the card information provided is complete and accurate.

  8. Materials

    With the exception of User Materials (see section 9 below), we are the owner or the licensee of all intellectual property rights in the Website and Services (including all text, data, databases, graphics, layout, logos, images, audio material, clips, films or other moving images, algorithms, product or service details and/or software published or otherwise made available from time to time) and the trade marks displayed on the Website.

    Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Website and Services for your use only. Where specified on the relevant part of the Website, the licence granted in these Terms may be limited to a particular period of time and/or may be subject to additional terms and conditions.

    Except as set out in the limited licence above (or as required under any applicable law), no part of the Website or Services may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. In particular, except in respect of User Materials (see section 9 below), you are not permitted to republish any part of the Website or Services on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. All the intellectual property rights referred to above remain owned by us or our relevant licensors.

    You may be offered the facility to store certain electronic materials (such as profile details). This storage facility, where made available, may be limited in time and/or capacity.

    You are responsible for providing all of the equipment necessary to access this Website and use the Services and for all related third party charges (e.g. telephone charges and Internet Service Provider charges).

    You now undertake that you will inform us immediately of any:

    1. claim or action against you involving any use of the Website or Services and, on request from us, to immediately cease any act complained of, if any, and to take such steps as seem to us reasonably necessary; and

    2. changes affecting your Account details. It is your obligation to ensure that your Account details are kept up to date.

  9. User Materials

    Where the facility is made available to you, you may submit, upload, communicate or transmit materials (including, without limitation, text, articles, research papers, reports, reviews, advice, photographs or other images, audio material, films or other moving images) through the Website or the Services (together "User Materials").

    When you submit, upload, communicate or transmit any User Materials using the Website or the Services, you do so in accordance with these Terms including, in particular, the following:

    1. you must respect patients' confidentiality and comply at all times with all applicable laws as well as the regulations and guidance governing your healthcare profession in the country where you are located. Insofar as you do wish to use a patients personal circumstances within any context on the Website (and without prejudice to section (b) below in respect of Users based in the United States of America), you must either: (a) ensure that there no way that the patient could possibly be identified from the details that you have provided; or (b) you must have clear and unambiguous written consent from the patient and be willing to provide a copy of that consent to us on request;

    2. for Users located in the United States of America, you must never submit any material that contains individually identifiable health information, as that term is defined in the regulations implementing the Health Insurance Portability and Accountability Act of 1997 ("HIPPA"), 45 C.F.R. § 160.103, unless you have obtained a written authorisation for disclosure of the information on the Website that: (a) is signed by the individual to whom the information pertains and otherwise is valid under the HIPAA regulations, in particular 45 C.F.R § 164.508(b); and (b) complies with all applicable state privacy law requirements for such authorisations and, in advance of posting, you provide us with your signed certification that you have obtained such valid authorisation;

    3. you grant us a royalty-free, worldwide, perpetual, irrevocable and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license and transmit the whole or any part of the User Materials submitted, uploaded, communicated or transmitted by you (including, without limitation, any of the information, details, ideas, concepts and/or formats contained within it) in any manner and in any format and/or media (including, without limitation, archiving and making such material available on the Website) for the purposes of operating the Website and providing the Services;

    4. to the extent permissible by law, you waive all moral rights subsisting anywhere in the world in the User Materials submitted, uploaded, communicated or transmitted by you;

    5. you agree that we may (at our discretion) disclose your identity to any third party who is claiming that any User Materials submitted, uploaded, communicated or transmitted by you to the Website is/are defamatory, is/are in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), in breach of any of the warranties set out below or otherwise is/are in breach of or violates any applicable law, regulation or code of practice;

    6. you warrant to us that you have the right to grant the licence set out in section (c) above; and

    7. you warrant that any User Materials submitted, uploaded, communicated or transmitted by you will not be: obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law, regulation or code of practice including any guidance issued by your relevant healthcare professional or industry body.

    You provide the warranties and the licence set out above in consideration of our providing you with the Services and access to the Website and without further permission or notification from you being required.

    You now acknowledge that any breach of the warranties set out above may cause us damage or loss and you agree to abide by the above warranties and use this Website and the Services only in accordance with these Terms.

    In the event that your unauthorised use of this Website or the Services results in loss or damage to any person who then brings a claim against us, or that we incur as a result of storing, publishing or otherwise holding any material (including User Materials) you submit, upload, communicate or transmit to us, including all indirect and consequential losses, you agree to indemnify us, immediately on demand and on a continuing basis, for all losses and/or damages arising from such claim.

    You acknowledge and agree that medDigital does not control or screen (subject to the next paragraph) the User Materials submitted, uploaded, communicated or transmitted to the Website by any User and does not guarantee the accuracy, quality, quantity, relevance or appropriateness of any such User Materials.

    Whilst you acknowledge that we do not necessarily pre-screen any User Materials that you have submitted, uploaded, communicated or transmitted to the Website, we reserve the right to remove or suppress, at any time and without reason or prior notice or any liability to you, any such User Materials. However you acknowledge that medDigital is under no obligation to do so and assumes no responsibility or liability arising from the content of any such User Materials nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, privacy disclosure or inaccuracy contained in any information within such User Materials on the Website or for any other claims or statements made in respect of User Materials submitted, uploaded, communicated or transmitted by you; all User Materials remain the liability of the submitting User.

    medDigital reserves the right to delete User Materials from its computer systems at any time without notice to Users. You are solely responsible for backing up any User Materials that you submit, upload, communicate or transmit to the Website or receive through the Website as a result of the use of the Services. medDigital shall not be liable for any deletion or failure to retain any User Materials.

  10. Acceptable use of the Website

    While accessing, browsing and/or using the Website or the Services you must:

    1. comply with all applicable laws, regulations and codes of practice, including, in particular all applicable laws protecting the privacy of personal health information and codes of medical practice regarding the physician-patient privilege of confidentiality, promotional requirements or restrictions relating to pharmaceutical products, medical devices, or medical services, and the reporting of adverse events;

    2. not impersonate another person or use a false name or email address;

    3. not impersonate or misrepresent your connection to any other entity or person or otherwise manipulate headers or identifiers to disguise the origin of the content;

    4. unless otherwise expressly authorised to do so, not collect or store personal information regarding other Users and not use any such personal information for any purpose other than using the Services;

    5. not solicit funds, advertisers or sponsors or make any other unauthorised commercial communications;

    6. not act in breach of your contract of employment (or any other agreement to which you are a party);

    7. not do anything that might jeopardise the security of your Account;

    8. not deep-link to and/or frame or use framing techniques to enclose the Website, or any part of the Website, or otherwise collect any part of the Website, including but not limited to User Materials, without our prior written consent;

    9. not modify, or attempt to modify, all or any part of the Website and/or Services;

    10. not ask other Users for their login information or access an account belonging to someone else;

    11. not post any sensitive financial information on the Website;

    12. not use the Website at all if you are a convicted sex offender;

    13. not link to third-party sites containing copyright material (or other infringing material) in a way that makes that material available to be copied by other Users;

    14. not assign or transfer your Account to anyone else either permanently or temporarily;

    15. not gain or attempt to gain unauthorised access to the Website, the Services, the server on which the Website is stored or any third party server, computer or database connected to the Website;

    16. not attempt to damage, deny service to, hack, reverse engineer (except to the extent permitted by applicable law) or otherwise interfere with the Website or the Services;

    17. not create any derivative work or make any other adaptation, without our prior written consent;

    18. ensure that any use of our Materials permitted in accordance with section 9 above is limited to only those material expressly consented to and is subject to ensuring that our copyright notices and trade marks appear as they do on all copies online and customary bibliographical citations including author attribution, date, article title (where applicable) and the URL;

    19. not upload, post, submit, transmit, communicate, refer to, make available or link to or from any material which (in our sole opinion):

      1. is untrue, fraudulent, inaccurate or incomplete;

      2. is unlawful, inflammatory, pornographic, hateful, obscene, threatening, menacing, offensive, defamatory, abusive, racist, causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code,

      3. makes excessive demands for bandwidth;

      4. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website;

      5. constitutes political campaigning;

      6. constitutes chain letters or pyramid selling schemes;

      7. constitutes advertising or any other commercial activity; and/or

      8. contains any virus or other harmful code, or which may otherwise impair or harm the Website or our computer systems or any third party computer system.

  11. Indemnity

    You will indemnify, and will keep indemnified, us, our directors, employees, agents and other representatives, our data providers and our affiliates immediately, on demand and on a continuing basis from and against any Losses arising directly or indirectly as a result of:

    1. any breach of these Terms by you; or

    2. your fault, negligence or breach of statutory duty; or

    3. any medical advice or opinion provided by you on the Website or via the Services; or

    4. your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our suppliers; or

    5. your failure to provide accurate, complete and truthful registration and other details.

  12. Provision of the Website and the Services

    Neither we nor any of our data providers or affiliates gives any warranty, representation or guarantee: (a) relating to the availability of the Website or the Services; (b) that the Website and/or our operation of it, the content or the server that makes the Website and/or the Services available, are error or virus free or free of other harmful components; (c) that your use of the Website or the Services will not infringe the intellectual property rights of any third party; (d) that your use of the Website or the Services will be uninterrupted; or (e) regarding the suitability, reliability, timeliness or quality of the Website or the Services.

    medDigital reserves the right at any time to suspend, modify and/or discontinue all or part of the Services or the Website without giving you any notice.

    Insofar as Users respond to, or otherwise submit, upload, communicate or transmit User Materials, medDigital does not warrant the reliability, accuracy, quality or completeness of any such responses/User Materials. Users receiving any such responses/User Materials must evaluate them themselves and come to their own conclusions regarding their truth, completeness, accuracy and quality. You should be aware that professionals in any given field may have different opinions. Opinions posted on this Website are those of the individuals and not the views of medDigital. No endorsement or indication is given by medDigital as to the content of any task and/or the responses received.

  13. Liability

    This section 13 sets out the entire financial liability of medDigital (including any liability for the acts or omissions of our employees, agents and sub-contractors) to Users in respect of: (a) any breach of these Terms; (b) any use made by Users of the Services and Website or any part of them; and (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.

    Nothing in these Terms excludes or limits the liability of medDigital: (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any other liability which it is not lawful to exclude either now or in the future under applicable law.

    Subject to the paragraph above:

    1. medDigital shall not be liable (whether in contract, tort or otherwise) for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising in relation to the Services, the Website and/or these Terms;

    2. medDigital shall not be liable (whether in contract, tort or otherwise) for any Losses arising out of or in connection with:

      1. the use or performance of, failure or delay in providing, or the inability to use, the Website or the Services;

      2. any User Materials which are unlawful, inflammatory, pornographic, hateful, obscene, threatening, menacing, offensive, defamatory, abusive, racist, cause annoyance, inconvenience or needless anxiety, are in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise are in breach of or violates any applicable law or regulation or code;

  14. Termination or suspension of your access to the Website

    The agreement set out in these Terms shall continue indefinitely until it is terminated in accordance with this section.

    Without prejudice to any other rights of medDigital set out in these Terms, medDigital may cancel your Account (if you have one) and/or terminate, suspend or deny your access to the Website and/or the Services: (a) immediately on notice to you in the event that you breach these Terms; or (b) without cause on thirty (30) days' notice to you.

    Upon termination of the Website and/or Services for any reason, the following shall apply:

    1. you shall immediately stop all use of the Website and the Services;

    2. medDigital may take any measures that it deems necessary or desirable (in its sole discretion) to prevent further use by you of the Website or Services (including, without limitation, blocking your IP address);

    3. medDigital shall be under no obligation to retain and/or return any User Materials submitted, uploaded, communicated or transmitted to the Website by you or received by you through the Website as a result of the use of the Services.

    The cancellation of your Account and/or the termination of the Services shall be without prejudice to any rights or liabilities of medDigital or you accrued at the date of termination and shall not affect the operation of any section of these Terms which is intended to continue to have effect.

  15. Procedures for making claims of copyright and/or other intellectual property right infringement

    We respect the intellectual property rights of others, and we ask those submitting, uploading, communicating or transmitting content to this Website to do the same. If you believe that your copyright work has been copied and is accessible on this Website in a way that constitutes infringement, or that your intellectual property rights have otherwise been infringed, you may notify us by providing us with the following information:

    1. the electronic or physical signature of the owner of the relevant intellectual property rights or the person authorised to act on the owner's behalf;

    2. a description of the intellectual property rights that you claim have been infringed and a description of the infringing activity;

    3. in respect of copyright infringement claims, identification of the location where the original or an authorised copy of the copyright work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;

    4. identification of the URL or other specific location on this Website where the material that you claim is infringing is located; you must include enough information to allow us to locate the material;

    5. your name, address, telephone number, and email address so that we may contact you;

    6. a statement by you that you have a good faith belief that the disputed use is not authorised by the intellectual property rights owner, its agent, or the law;

    7. a statement by you that the above information in your notice is accurate and that you are the owner of the relevant intellectual property rights or are authorised to act on the owner's behalf.

    Our contact details for notice of claims of copyright infringement and infringement of other intellectual property rights on this Website are as follows:

    Contact: Website Administrator
    Address: medDigital Limited, 22 Upper Ground, London, SE1 9PD
    Phone: +44 (0) 20 3637 2100

    If you believe that any content has been taken down improperly, you may provide counter-notification in writing to us that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

    1. your physical or electronic signature;

    2. identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

    3. a statement from you that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

    4. your name, physical address and telephone number, and, in respect of Users based in the US, a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the US, to any jurisdiction in which medDigital may be found, and that you will accept service of legal proceedings from the person who provided notification of the allegedly infringing material (or an agent of such person).

  16. Third party links

    The Website contains hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

  17. Advertising and sponsorship

    Parts of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limitation, information which is defamatory, obscene, unlawful, threatening or untrue. We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.

  18. Enforcement

    If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms of Use and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.

    These Terms supersede all prior agreements, arrangements and understandings between you and medDigital concerning the Website or the Services and constitute the entire agreement between you and medDigital in respect of the access, browsing and use of the Website and the provision of the Services.

  19. Waiver

    No waiver by us of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.

  20. Assignment

    You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms.

    medDigital may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under its agreement with you.

  21. Third party rights

    These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the UK Contracts (Rights of Third Parties) Act 1999 (or otherwise).

  22. Governing law and jurisdiction

    These Terms and/or your use of the Website shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction over any disputes or controversies which may arise (including non-contractual disputes or claims).

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