Terms and Conditions |
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| Terms and Conditions |
General Legal Disclaimer
Welcome to the patientgpservices.com website, owned and operated by Jar Developments. In these terms and conditions “we”, “us” ,“our”,"patientgpservices.com" refers to Jar Developments and “you” and “your” refers to you, the user of the Service.
These are the Jar Developments general terms and conditions governing your access and activity on the patientgpservices.com website (collectively, the "Service"). By using the Service, you represent that you have read and understood this Agreement and agree to be bound by its terms and conditions. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions found in this Agreement, you must discontinue from using the Service
Your access and use of the Service is subject to these terms and conditions without modification by you. By accessing the Service you agree to be bound by all of these terms and conditions displayed on the Service at the time of your access. You should check these terms and conditions each time you revisit or use the Service as we may amend, update and/or modify these terms and conditions from time to time without notice to you.
You agree that Jar Developments and their designees may in their sole discretion take other measures to prevent you from using the Service if they in their sole discretion consider that you have in any way violated these terms and conditions, without prejudice to any other accrued rights, and/or to make available such information/ material when required to do so by law or when requested by regulatory bodies or law enforcement organisations.
Jar Developments HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Costs and Fees
Patientgpservices.com is free for UK patients and GP Practice's to use. No charge will be incurred by the usage of this site by patients and GP Practices. The Service and sign up will continue to remain free. Patientgpservices.com is funded by donations and advertisements.
Content and Data
The Service is available at the patientgpservices.com website and includes everything on the website that may exist from time to time. The Service allows you to create and submit repeat prescriptions to a users GP Practice (collectively, the "Content").
You acknowledge and agree that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity posting that Content. You agree that you, and not patientgpservices.com, are entirely responsible for all Content that you upload, post, download, email or otherwise transmit via the Service. You further agree that you either own or have sufficient rights in the Content to upload or post such Content.
All Content associated with an account will remain the responsibility and under the ownership of that account. We will in no way whatsoever assume ownership or responsibility for any content uploaded or used by an account. If an account is deleted then all content associated with the account continues to remain under the ownership of the account holder. All content and date relating to an account is private and confidential.
patientgpservices.com does not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Registration
Use of the Service, requires that users provide certain data, entered in forms on the Service, in registration pages, or otherwise ("Data"). In consideration of use of the Service, in providing Data, you represent and warrant that the information is true, accurate, current, and complete .
Passwords and User Names
You are responsible for maintaining the confidentiality of any password and user ID issued to you, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify patientgpservices.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. patientgpservices.com cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
Prohibited Conduct
a. You agree that you will not use the Service to upload, post, email, otherwise transmit, or post links to any Content, that:
you do not have the legal rights to (either by ownership or by having a valid license);
violates or misappropriates any intellectual property right, including copyright, trademark, trade secret, and patent rights;
is illegal under applicable law or regulation or promotes illegal activity; or violates any contractual, employment, or fiduciary relationship (including obligations to keep information confidential) you are subject to.
b. You agree not to use the Service in a manner which is abusive or harassing to any other user.
c. You agree not to collect or store personally identifying information about other users for commercial or unlawful purposes.
d. You agree not to impersonate any person or entity, including, but not limited to, a patientgpservices.com official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to employ misleading email addresses or mobile numbers or falsify information in the header, footer, return path, or any part of any communication.
e. You agree not to engage in any activity which may compromise the stability or availability of the Service or use the Service to compromise the availability or stability of any third party site or service.
f. You agree not to use the Service for any unsolicited advertising or promotions.
g. You agree not to upload, post, email, otherwise transmit, or post links to any Content that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Service or any third party software, site, equipment or service.
h. You may not use automated means, including spiders, robots, crawlers, or the like to download data from any Service database.
i. You may not circumvent any security measures or any payment collections methods employed on the Service, or access the Service after your account or access has been terminated by patientgpservices.com.
j. You may not decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Service.
Objectionable Materials
You agree not to post Content containing nudity or any other material that may be considered "adult", obscene, indecent, objectionable or offensive. If you do post such Content, you agree to take responsibility for any damages arising from your inclusion of such Content. In addition, if you post such Content, you acknowledge and agree that patientgpservices.com, at its sole discretion, may disable your posting privileges and/or terminate your subscription and account. Notwithstanding the previous sentence, you shall remain responsible for such Content and acknowledge and agree that you shall indemnify and hold harmless patientgpservices.com from any and all damages or losses resulting from your posting of such Content.
Because patientgpservices.com's website contains User Content, you acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances shall patientgpservices.com be liable in any way for the use of such Content, including, but not limited to, any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Service.
You may not use the Service for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, pornographic or satanic materials. Also included is the posting or trafficking in government secrets, providing any information to in any way assist or encourage any terrorist activities, providing any information concerning nuclear or biological weapons or other weapons of mass destruction, posting or trafficking in obscene material, solicitation of a minor or others for illegal acts, dealing drugs, harassment, fraud, stalking, abuse or other subject matters that are prohibited under applicable law, rules or regulations.
You may not use the Service to post or disseminate in any manner, any information or material which may be dangerous, damaging, defamatory, libelous, slanderous, scandalous, private information or injurious to persons or property which, directly or indirectly, may be used to create danger, damage or injury to persons or property, nor may you use our services or serves to inflict emotional distress make unlawful threats, stalk, interfere with any contract or prospective relationships or engage in sexual or other harassment.
You may not use the Service to post or disseminate in any manner, any information or material which infringes the intellectual property rights or other proprietary rights of any third party, including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right used with proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works and videos. You shall comply with the Digital Millennium copyright Act ("DMCA").
You may not offer or disseminate fraudulent goods, services, schemes or promotions (i.e., make money fast schemes, chain letters, pyramid schemes, ponzi schemes) or fraudulently use any information obtained through the use of website.
Disclosure
You expressly acknowledge and agree that patientgpservices.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of patientgpservices.com, its users and the public. You acknowledge and agree that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Responsibility for Minors
Your Representations, Warranties and Indemnities
By using the Service you agree to indemnify patientgpservices.com and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from (a) your use of the Service, (b) or your submission of ideas and/or related materials to the Service, (c) from any person's use of any account or password you maintain with the Service regardless of whether such use is authorized by you, and (d) any breach of this Agreement.
Release
By using the Service, you are hereby agreeing to release patientgpservices.com and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Service or to any disputes regarding use of materials submitted to the Service.
No Implied License; Intellectual Property
Except as expressly permitted in this Agreement, nothing within the Service shall be construed as conferring any license under any intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of patientgpservices.com and its affiliates, licensors, and service providers, as well as other patientgpservices.com users. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by patientgpservices.com in connection with the Service. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by patientgpservices.com. You agree not to use any of the trademarks or service marks or other Content accessible through the Service for any purpose other than the purpose for which such Content is made available to users by patientgpservices.com. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the patientgpservices.com Service or any software or programs used in connection with the Service.
Changes in Service
patientgpservices.com reserves the right to modify the Service from time to time, for any reason, and without notice, including the right to terminate the Service.
Non-Waiver and Severability
patientgpservices.com's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a tribunal of competent jurisdiction holds any provision of this Agreement to be invalid, the parties nevertheless agree that the tribunal should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of this Agreement remain in full force and effect.
Communications with Users
You agree that you may receive notices from patientgpservices.com. patientgpservices.com reserves the right to communicate with you regarding your use of the Service.
Other Documents
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Jar Developments.
Governing Law
This agreement shall be governed by and construed in accordance with English law and the parties agree to the exclusive jurisdiction of the English Courts to settle any disputes which may arise out of or in connection with this agreement by arbitration.
Limitation of Liability
Jar Developments WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. Jar Developments WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Jar Developments ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST Jar Developments, its agents, employees, successors, assigns or affiliates (collectively referred to as "Jar Developments" for purposes of this paragraph), arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Jar Developments' advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL Jar Developments OR ITS LICENSORS BE LIABLE TO ANY USER (INCLUDING YOU) OR THIRD PARTY ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, THE SERVICE OR MATERIALS. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Jar Developments OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) AND SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
Advertising
From time to time patientgpservices.com may allow third parties to advertise on the Site.
We reserve the right to prevent you from advertising any service or business that we believe is improper or unsuitable for patientgpservices.com.
Content Deletion
If for any reason your account has been disabled, cancelled as decided by us or has expired then all files and data associated with the account will be deleted immediately thereafter.
LIABILITIES
You acknowledge that we do not examine or edit the use to which you or others put the Service or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such content or information.
You agree that except for death or personal injury arising through our negligence or that of our employees, we shall not be liable whatsoever for any loss or damage relating to the Service including, without limitation, the use or inability to use the Service. You will remain responsible and liable for material you access from the Service, and you will indemnify us in the manner set out below in these terms and conditions in relation to your accessing.
While we will take all reasonable steps to ensure a fast and reliable service, we will not be held responsible for the security of the Service or for any disruption of the Service however caused, loss of or corruption of any material in transit. The Service is provided to you through a variety of telecommunications systems and we are unable to guarantee an error free use of, or access to any part of the Service.
We will use our reasonable endeavours to ensure that the information on this Service is accurate at the time of its inclusion, but your access to the Service, and any action that you carry out on the basis of data you obtain from or via the Service is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result.
INDEMNITY
You irrevocably agree to indemnify us and our content providers fully and to keep us and our content providers indemnified and any of our officers, employees and agents from and against all and any expenses, losses, liabilities, damages, costs or expenses (including legal costs) whether or not reasonably or otherwise foreseeable or avoidable incurred or suffered by us or our content providers and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, connection with or conduct on, the Service and/or a breach of these terms and conditions.
Contact
You agree as an account holder that patientgpservices.com may contact you via email regarding updates, new features and any other issue regarding patientgpservices.com . As a patient of the service you agree that your GP may contact you via the email address given.
Termination
We may terminate the Service, or restrict your access to it, and remove and discard any content without prejudice to any other accrued rights, without prior notice to you for any reason including, without limitation, where: (i) there is a regulatory or statutory change limiting our ability to provide the Service; (ii) any event beyond our reasonable control prevents us from continuing the Service (for example, and without limitation, technical difficulties, capacity problems and communications failures); (iii) we consider in our sole discretion that you are abusing the Service or are otherwise acting in breach of these terms and conditions. Such termination will not affect any of your accrued liabilities incurred prior to such termination.
Services Subject To Change
We may from time to time provide extra services or attributes to the Service, which may be subject to a charge. Details of these will be posted on the Website.
Our failure to exercise any particular right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us to you in writing.
Copyright 2006 by Jar Developments. All rights reserved. No part of patientgpservices.com may be reproduced in any way, or by any means, without the prior written permission of Jar Developments. Use of any index or listing of Software for the purpose of constructing a mailing list, creating promotional materials or producing a printed or electronic catalog of any kind is expressly forbidden without the prior written permission of Jar Developments.
We know you have a choice, Thank you for choosing Patientgpservices.com.
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