Terms & Conditions
TERMS OF SERVICE ("Terms of Service")
1.1 The internet website available at the domain http://www.gpbuddy.co.uk is an online resource for regulated Medical Practitioners and for Healthcare Professionals in the United Kingdom. It acts as an online platform to serve the needs of Medical Practitioners and Healthcare Professionals by enabling registered users to search for and find comprehensive information on the healthcare system in the United Kingdom. The domain http://www.gpbuddy.co.uk/ and the facilities, services and information available thereon (our "Website") is owned and operated by GPBuddy UK Limited, trading as GPBuddy.co.uk ("GPBuddy" or "GPBuddy.co.uk"), an English registered company, number 8266478, having its registered office at The Quadrus Centre, Woodstock Way, Boldon Business Park, Boldon, Tyne & Wear, NE35 9PF, United Kingdom. Our telephone number is 0191 519 7294 and our e-mail address is email@example.com
1.2 Your usage of our Website is governed by the continuous application of these Terms of Service. For the purpose of these Terms of Service "we", "our" and "us" refers to GPBuddy UK Limited, trading as GPBuddy.co.uk, and "you" refers to you, a registered user of our Website and/or any facilities, services or information available thereon.
1.3 For the purpose of these Terms of Service;
1.3.1. "Medical Practitioner" means any person defined as such by Part II of the Medical Act, 1983 (as amended) and who is registered with, and regulated by, the General Medical Council in accordance with the provisions of that Act (as amended) and the Medical (Professional Performance) Act 1995, or who is registered with and regulated by an equivalent competent body in another Member State of the European Union,
1.3.2 "General Practitioner" or "GP" means any Medical Practitioner who practices medicine in a predominantly community-based setting, and who is included on the GP Register of the General Medical Council or any equivalent register held by an equivalent competent body in another Member State of the European Union,
1.3.3 "Healthcare Professional" means any individual working, inter alia, in a hospital, clinic, health centre, or community-based setting, on the basis of a recognised professional health care-related qualification and a registration with the Health and Care Professions Council in accordance with the National Health Service Reform and Health Care Professions Act, 2002, the General Medical Council, or any other competent professional body, to provide medical and/or ancillary services to the general public, or any part thereof, in England, Wales, Scotland and/or Northern Ireland,
1.3.4 "Material" means any bulletin board services, chat areas, news groups, communities, forums, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with other users of our Website or other Medical and/or Healthcare Professionals,
1.3.5 "Medical Services" means any medical service or services that a Medical Practitioner, General Practitioner or Healthcare Professional is permitted, pursuant to the laws of the United Kingdom or part thereof, to provide to a patient.
2. IMPORTANT NOTICE
2.1 WE ARE NOT INVOLVED IN THE PROVISION OF ANY HEALTHCARE OR MEDICAL ADVICE OR DIAGNOSIS. ALL INFORMATION PROVIDED ON OUR WEBSITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. OUR WEBSITE IS AN ONLINE COMMUNICATION PLATFORM AND INFORMATION SERVICE THAT DISPLAYS INFORMATION ON MEDICAL AND OTHER HEALTHCARE PROFESSIONALS WHICH HAS BEEN GATHERED EITHER DIRECTLY FROM MEDICAL OR HEALTHCARE PROFESSIONALS OR, WHERE APPLICABLE, FROM PUBLICLY AVAILABLE SOURCES.
2.2. WE DO NOT SCREEN OR VALIDATE ANY CONTENT POSTED BY ANY MEDICAL OR HEALTHCARE PROFESSIONALS, NOR DO WE ENDORSE ANY PARTICULAR MEDICAL OR HEALTHCARE PROFESSIONAL.
2.3 IF YOU USE OUR WEBSITE TO SELECT A MEDICAL OR HEALTHCARE PROFESSIONAL TO PROVIDE MEDICAL SERVICES TO YOUR PATIENTS, YOU DO SO AT YOUR OWN RISK. YOU SHOULD BE AWARE THAT THE RESULTS OF ANY SEARCH YOU PERFORM ON OUR WEBSITE FOR A MEDICAL OR HEALTHCARE PROFESSIONAL OR A MEDICAL SERVICE SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT BY US OF ANY PARTICULAR MEDICAL OR HEALTHCARE PROFESSIONAL OR MEDICAL SERVICE, NOR DOES IT CONSTITUTE ANY COMPARATIVE RANKING OF THAT MEDICAL OR HEALTHCARE PROFESSIONAL OR SERVICE.
3. ACCEPTING THE TERMS OF SERVICE
3.1 In order to use our Website you must firstly agree to these Terms of Service. You may not use our Website if you do not accept these Terms of Service.
3.2 You can accept these Terms of Service by actually using our Website. You understand and agree that we will treat your use of our Website as acceptance of these Terms of Service from that point onwards.
3.3 You may not use our Website and may not accept these Terms of Service if you are not a registered user. To be eligible to register as a user of our Website you must be:
3.3.1 A Medical Practitioner, as defined by the Medical Act, 1983 (as amended), be registered with the General Medical Council in accordance with the terms of that Act and the Medical (Professional Performance) Act 1995, and be subject to the possible exercise of ongoing supervisory and/or regulatory control by the General Medical Council (GMC) or by an equivalent competent body in another European Union Member State, or
3.3.2 A practicing Healthcare Professional subject to the supervisory oversight of the Health and Care Professions Council and/or other competent professional body established in United Kingdom, or
3.3.3 An individual employed by a person described in paragraph 3.3.1 or paragraph 3.3.2 above, for the express purpose of assisting that person in the administration of their professional duties to their patients and/or clients (hereinafter referred to as a "Servant" or "Agent"), or
3.3.4 Any other third party or service-provider approved from time to time by us.
4. CHANGES TO THESE TERMS OF SERVICE
4.1 We reserve the right to modify or terminate any services offered through this Website from time to time, for any reason and without notice, and without liability to you, to any of our clients or to any other third party. We reserve the right to change the content, presentation, performance, user facilities and/or availability of any part of this Website including these Terms of Service at our sole discretion from time to time.
4.2 We will endeavour to bring any material changes to these Terms of Service to your attention. If we do amend these Terms of Service, the amended terms will be effective when posted on our website. You, the user, are responsible for regularly reviewing these Terms of Service and any additional terms posted on our Website.
5. USE OF THE WEBSITE
5.1 GPBuddy UK Limited requires you to open an account in order to access our Website. You must complete the registration process and all the information supplied must be complete and accurate. You will be asked to choose a password, and the responsibility for maintaining the privacy of this account and the password to access it is entirely yours. No compensation will be made to you for the set-up or operation of your account.
5.2 If you are registering on our Website as a General Practitioner or other Medical Practitioner, you will be asked to provide your name, email address, General Medical Council Registration Number ("GMC Number") and password. By participating in the registration, you acknowledge that you are a qualified medical professional, registered with the General Medical Council in the United Kingdom or equivalent in another European Union Member State, and are therefore confirm your eligibility in accordance with paragraph 3.3 above to use our Website.
5.3 If you are registering as a Healthcare Professional other than as a qualified Medical Practitioner as defined by the Medical Act, 1983 (as amended), or you are registering as a service provider, you will be asked to provide your email address and choose a password. By participating in the registration process, you acknowledge that you are eligible for membership in accordance paragraph 3.3 above to use our Website.
5.4 Whether you register as a Medical Practitioner or a Healthcare Professional or service provider or other third party consented to by us, you agree not to use the account or password of another user at any time or to disclose your password to any third party.
5.5 You agree to notify GPBuddy UK Limited immediately if you suspect any unauthorised use of your account or access to your password or any other breach to the security of your account or to the security of our Website.
5.6 You are responsible for maintaining the confidentiality of your password and account, and you are solely and fully responsible for all activities that occur under your password or account. You are prohibited from selling, trading or otherwise transferring your GPBuddy.co.uk account to another party. GPBuddy UK Limited cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
5.7 Once set up, your account will continue indefinitely, regardless of usage levels, unless terminated either by you or by us. You can terminate your account by contacting GPBuddy UK Limited in writing at firstname.lastname@example.org.
5.8 GPBuddy UK Limited reserves the right to suspend or terminate your account without prior notice at our discretion, in accordance with paragraph 11 hereunder, where we suspect that you have fraudulently or otherwise obtained access to our Website by breaching these Terms of Service, or any paragraph or sub-paragraph thereof.
6. SERVICES WE PROVIDE
6.1 Our Website is an online platform designed to facilitate the needs of Medical Practitioners and Healthcare Professionals by enabling registered users to search for and find comprehensive information on the healthcare system in the United Kingdom.
6.2 We gather information from various Medical Practitioners and Healthcare Professionals about their facilities and services as well as from a large number of publicly available sources. You can access this information via our Website. This information should assist you in making a decision on choosing your preferred Healthcare Professional by conducting your own research into such Healthcare Professionals. The result of a search of our Website should never be regarded as comprising an appropriate substitute to the professional and ethical duty of a Medical Professional and/or Healthcare Professional to make a determination on appropriate treatment options having regard to the welfare and the best interests of their patient.
6.3 In accordance with its platform-based nature, our website may from time to time offer additional e-mail services, bulletin board services, chat areas, news groups, communities, forums, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with other users or other Medical Practitioners and/or Healthcare Professionals. GPBuddy UK Limited is not obligated to monitor such services, save as directed to do so by law. Where you avail of such services, you agree to abide by the rules set out in paragraph 12 hereunder.
6.4 We do not make any warranty, either express or implied, as to the veracity or accuracy of any of the information available on our Website. You expressly agree that any such use of any or all of the information that you obtain from our Website, is done at entirely your own risk and that you will not seek to be indemnified by us for any loss, howsoever caused, to you or to your employees, agents or patients, arising out of the usage made of any information that you, the user, obtain from our Website.
7. SERVICES WE DO NOT PROVIDE
7.1 Our Website is not a medical referral service and we do not endorse, recommend, or approve any Medical Practitioner(s) or Healthcare Professional(s) listed on our Website. We will not discuss or advise on any issues relating to medical treatment with any user, client or any Medical Practitioner(s) or Healthcare Professional(s).
7.2 As we cannot control the information provided by Medical Practitioners and/or Healthcare Professionals or information publicly sourced by us and made available through this Website, we do not guarantee or endorse the competence, authenticity, quality, safety or legality of any Medical Practitioners or Healthcare Professionals nor any Medical Services provided or purported to be provided by any such Medical Practitioner or Healthcare Professional, nor do we guarantee the accuracy of any information we may provide to you about any such Medical Practitioner or Healthcare Professional or any such Medical Service.
8. CONTENT POLICY
8.1.1 The internet website available at the domain http://www.gpbuddy.co.uk acts as a passive conduit for the online publication and distribution of information and other forms of content submitted through the Website or obtained by us from public or other sources, and we have no obligation to screen content or information in advance, nor are we responsible for screening or monitoring material posted by you or any other user.
8.1.2 Information on our website is posted in good faith and updated regularly, but we cannot guarantee its completeness and accuracy. We cannot and have not checked the accuracy of all information available on our Website.
8.1.3 You are solely responsible for the content and information you provide to us to be published on our Website, either through our online data entry forms or any of the other means by which you may from time to time opt to provide information to us. We reserve the right to edit or remove your content if we suspect it is untrue or that it may incur liability for us.
8.1.4 In accordance with its platform-based nature, our Website may from time to time offer additional e-mail services, bulletin board services, chat areas, news groups, communities, forums, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with other users or other Medical Practitioners and/or Healthcare Professionals. GPBuddy UK Limited is not obligated to monitor such services, save as directed to do so by law. Where you avail of such services, you agree to abide by the content policy set out herein.
8.2. INTERACTIVE CONTENT
8.2.1 GPBuddy UK Limited cannot endorse or stand by the accuracy, truthfulness or reliability of any material posted by users in the comments space of our Website. Statements made by users of GPBuddy.co.uk only reflect the views of that user, and are not representative of the views of GPBuddy UK Limited, or any of its employees, agents or advertisers.
8.2.2 You are solely responsible for your conduct and any Material that you submit, post, and/or display on GPBuddy.co.uk. You agree not to post Material contrary to this Content Policy or our Terms of Service.
8.2.3 As with any web-based interaction, we recommend that you use caution and good judgment. If there is a dispute between you and any third party (including any advertiser), we are under no obligation to become involved.
8.2.4 We have no obligation to verify the identity of any users when they are connected to our Website or to monitor Material provided by them.
8.2.5 You represent and warrant that: (i) you own the Material posted by you or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of the Material does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
8.3 RULES REGARDING MATERIAL POSTED AS INTERACTIVE CONTENT
8.3.1 GPBuddy UK Limited is not responsible for and does not endorse the contents of user posts on our Website. You are entirely responsible for Material which you post.
8.3.2 Please be aware before you submit a comment that you may not be offered an opportunity to edit it, and we may not be able to remove it post-publication.
8.3.3 You agree to abide by the following obligations in respect of any Material you submit to GPBuddy.co.uk for posting on the Website:
126.96.36.199 Do NOT make comments which are racist, sexist, homophobic, offensive on the grounds of religion, nationality or demographic group;
188.8.131.52 Do NOT make any comments which violate the criminal law;
184.108.40.206 Do NOT make any comments which promote or encourage illegal activity;
220.127.116.11 Do NOT make any comments which may prejudice ongoing civil or criminal proceedings, violate the sub judice rule or may otherwise amount to a contempt of court;
18.104.22.168 Do NOT make any comment which falsely claims to be sponsored or endorsed by GPBuddy.co.uk and/or GPBuddy UK Limited;
22.214.171.124 Do NOT make any comments which are defamatory, invasive of privacy, abusive, harassing, threatening, profane, violent, sexually explicit, or which otherwise violates the rights of others, or which could be perceived as such;
126.96.36.199 Do NOT post personal information or make derogatory remarks about commenters or any other individuals. Any such material may be removed without notification;
188.8.131.52 Do NOT use comments to promote commercial products or services. However, we welcome the use of links to relevant blogs and sites;
184.108.40.206 Do NOT make any comments which infringe the copyright, patent, trademark, trade secret, database right, right of privacy or publicity or other proprietary right of any party;
220.127.116.11 Do NOT make any comments which include any spam, unauthorised advertising or any other form of commercial publicity;
18.104.22.168 Do NOT make any comments which are irrelevant, repetitive or impose an unreasonable or disproportionately large load our servers, bandwidth or our infrastructure;
22.214.171.124 Do NOT make any comments which contain any virus, Trojan horse, worm or similarly harmful material.
8.3.4 Recognising the global nature of the Internet, you agree to comply with all applicable laws which may apply to you, including but not limited to those regarding acceptable content and online conduct.
8.3.5 You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
8.4 OWNERSHIP AND USAGE OF THE INTERACTIVE CONTENT POSTED BY YOU
8.4.1 You own all of the Material you post on GPBuddy.co.uk and we do not claim ownership of that Material. However, we need your permission to be able to display that Material and in some cases to modify it for best display – for different browsers, for our mobile Website, and so on.
8.4.2 By posting any Material on or through GPBuddy.co.uk, you grant us a limited licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Material.
8.4.3 The licence you grant to us is non-exclusive, royalty-free and fully paid, sub-licensable, and worldwide. This licence applies only to use of the Material for the purpose of providing the GPBuddy.co.uk service.
8.4.4 You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Material posted by you to, or through, GPBuddy.co.uk.
8.4.5 From time to time we may seek to use users' Material for the purpose of advertising or marketing GPBuddy.co.uk. However we will not use your Material for this purpose without your prior express written permission.
8.4.6 You are responsible for making sure that you have all rights to what you post, including the rights necessary for you to grant the foregoing licences to same.
8.5 SUPERVISION OF THE INTERACTIVE SERVICES
8.5.1 We do not moderate comments before they are published, nor do we routinely edit comments after they have been published. Nevertheless we reserve the right at our sole discretion to take down, edit or otherwise amend any comment(s) made or any Material(s) posted to our Website that is/are brought to our attention, either by way of a complaint, or otherwise.
8.5.2 In order to ensure that threads and conversations are not disrupted, we do not generally remove Material which is uploaded to us. Consequently, you agree that your Material displayed on GPBuddy.co.uk may continue to appear on GPBuddy.co.uk, even after you have terminated your user privileges or have had your user privileges terminated by GPBuddy.co.uk.
126.96.36.199 We do understand that you may wish to remove certain types of original creative Material (such as your photographs, drawings, videos, short stories, architectural plans, poetry and the like) from time to time and will endeavour to accede to any reasonable requests.
188.8.131.52 If for any reason you decide that you no longer wish to have your original creative Material displayed on GPBuddy.co.uk then we will delete it provided that this does not have a significant negative impact on the structure of the thread it features in. For example, we will not delete a work put up for constructive criticism as to do so would make the posts which respond meaningless.
184.108.40.206 To have original creative Material deleted, please contact us with a direct link to the relevant item and your request. We will delete it within 10 working days of your request, as far as reasonably possible.
220.127.116.11 Please note that deletion of original creative Material applies only to Material you have uploaded to us. If you have posted a link on GPBuddy.co.uk to Material hosted elsewhere (for example YouTube) then you will have to contact that other site to have that Material deleted.
8.5.3 You understand that by using GPBuddy.co.uk you may be exposed to Third Party Content that is offensive, indecent or objectionable. Because community standards vary and individuals sometimes choose not to comply with our policies, in the process of using GPBuddy.co.uk, you may be exposed to content that you find offensive or objectionable. You may report such content to us for our review by using the "Report Post" link provided.
8.5.4 You agree that we are not responsible for any such Third Party Content and that this is the sole responsibility of the person from which such Third Party Content originated, and we have no obligation to monitor such Third Party Content.
8.5.5 Notwithstanding the foregoing, we reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content in whole or part at any time for any reason or no reason with or without notice and without any liability of any kind.
8.5.6 We cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, you must not post it on GPBuddy.co.uk. We are not responsible for a user's misuse or misappropriation of any content or information you post on our Website.
8.5.7 This Content Policy and our Terms of Service, including our proprietary rights, disclaimer of warranties, indemnities, limitations of liability, choice of law and choice of forum, and miscellaneous provisions shall survive any termination of your user privileges.
8.6 TERMINATION OF ACCESS TO INTERACTIVE CONTENT
8.6.1 While we do not and cannot review every comment, we reserve the right to remove any that we deem as unacceptable, without prior notification. We further reserve the right to block at our discretion users who are in breach of this Content Policy or our Terms of Service.
8.6.2 We may at our absolute discretion refuse you access to our website and/or cancel/terminate your user privileges without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your user privileges.
8.6.3 We may, but are not obliged to, remove or limit access to Material from any user which breaches this Content Policy or our Terms of Service.
8.6.4 Without limiting the foregoing, the following will lead to a suspension of your privileges on GPBuddy.co.uk:
18.104.22.168 Breaches or violations of these Terms of Service or other GPBuddy.co.uk guidelines,
22.214.171.124 Requests by law enforcement and/or other government agencies,
126.96.36.199 Unexpected technical issues or problems,
188.8.131.52 Extended periods of inactivity.
8.6.5 Failure to adhere to any of the Content Policy or our wider Terms of Service may result in deletions of posts, suspension of posting privileges, and/or complete banning.
8.6.6 We will not enter into any discussion with users about comments which have been removed or a decision made by us to block a user.
9. AGE AND RESPONSIBILITY
9.1 Our Website may only be used by individuals who are of the requisite legal capacity to be bound by these Terms of Service. Each time you access our Website you are representing to GPBuddy UK Limited that you are at least 18 years of age.
10. PRIVACY AND DATA PROTECTION
10.1 In accordance with the GPBuddy Privacy Statement, GPBuddy UK Limited respects your privacy.
10.2 We endeavour at all times to protect your privacy and the privacy of the other users who access the Website and use its facilities in accordance with obligations laid down in UK and European Union law. For full details of the manner in which we use the information provided by you, the type of information we collect and the manner in which cookies are used on our website, and for further details concerning the circumstances upon which we disclose information, please read the Privacy Statement which is hereby incorporated into, and forms part of, these Terms of Service. The GPBuddy Privacy Statement can be consulted here.
10.3 You may from time-to time receive information from our partners and/or carefully selected Third Parties. You can opt out of this informational service at any stage and still remain a registered member of our Website.
10.4 Our website, together with its databases and ancillary services, are hosted in Ireland. Further information on your data privacy rights under Irish and European Union laws are available on the internet website of the Irish Data Protection Commissioner at http://www.dataprotection.ie
10.5 GPBuddy UK Limited holds data in accordance with the provisions of Ireland's Data Protection Acts, 1988 and 2003, and will adhere to any other relevant future Irish and European Union legislation in this area. Under this legislation, you the user can obtain a copy of all information which GPBuddy UK Limited has on its database in relation to you. Members wishing to obtain such information should contact us in writing at the following email address: email@example.com
10.6 Our Website contains links to other external websites. We are not responsible for the privacy practices or the content of such external websites, and we do not make any warranties in this regard, either express or implied.
10.7 Information sent over the internet cannot be guaranteed to be completely secure as it is subject to possible interception, or loss, or possible alteration. You understand and agree to assume the security risk for any and all information you provide using the Website, including but not limited to information relating to any financial transaction that may be conducted between you and us in the course of our business.
10.8 We are not responsible for any information sent over the internet and we will not be liable to you or any other party for any loss or damage, howsoever caused, or any other loss whatsoever, incurred in connection with any information sent by you to us, or to another Medical Practitioner or Healthcare Professional, or any information sent by us, by a Medical Professional or a Healthcare Professional or by any third party to you, either through the medium of our Website, or otherwise over the internet.
11.1 Whilst we shall make reasonable attempts to inform you, provided that we deem it to be in our mutual interest to do so, we may at any time, without notice to you, suspend or terminate your access to our Website, or any service forming part of our Website, wholly or partially, for any reason including, but without limitation, where you have provided false or misleading information to us, or you are in breach of our Terms of Service, or if we cannot verify or authenticate any information submitted by you, or purported to have been submitted by you or on your behalf, to our Website.
11.2 We shall not be liable to you or any third party for any suspension or termination of access to our Website, which includes any resulting damage that may allegedly arise to you, your employees or your agents, howsoever caused.
12. USE OF OUR WEBSITE
12.1 You agree not to use this Website, or any of the facilities and/or services provided by us, for any purpose that is fraudulent, unlawful or prohibited by these Terms of Service, or otherwise in accordance with law. In particular, you agree NOT to use GPBuddy.co.uk to:
12.1.1 post illegal Material;
12.1.2 defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
12.1.3 identify or speculate as to the identity of any anonymous or pseudonymous user;
12.1.4 solicit personal information from or about anyone under 18;
12.1.5 solicit passwords or personally identifying information for commercial or unlawful purposes;
12.1.6 collect or store other users' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other users;
12.1.7 attempt to gain unauthorised access to the GPBuddy.co.uk administrative areas or interface, to other user accounts, computer systems or networks connected to the GPBuddy.co.uk Website, either through password mining or any other means;
12.1.8 post irrelevant Material, repeatedly post the same or similar Material, or otherwise impose an unreasonable or disproportionately large load on the GPBuddy.co.uk servers or infrastructure;
12.1.9 post any unsolicited or unauthorised advertising, promotional content, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of commercial publicity;
12.1.10 post any abusive, harmful, vulgar, obscene, sexually explicit, indecent, profane, inappropriate, or racially, ethnically or otherwise objectionable Material;
12.1.11 post Material that contains violence, or offensive subject matter or contains a link to an adult-themed website;
12.1.12 post Material that promotes or encourages illegal activity;
12.1.13 post Material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party whatsoever;
12.1.14 post Material that falsely expresses or implies that such Material is sponsored or endorsed by GPBuddy.co.uk and/or GPBuddy UK Limited, or by any advertiser or other party whatsoever;
12.1.15 post Material that contains software viruses or harmful programmes including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
12.1.16 modify, adapt, translate, or reverse engineer any portion of GPBuddy.co.uk, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of GPBuddy.co.uk, except as expressly authorised in writing by GPBuddy.co.uk;
12.1.17 reformat or frame any portion of the web pages that are part of GPBuddy.co.uk.
12.2 The information contained on our Website may contain technical inaccuracies and typographical errors. We will endeavour to remedy such errors where they are brought to our attention, but to the maximum extent permitted by law, we shall not accept any responsibility or any liability for our failure to do so.
12.3 The information on our Website may be updated from time to time, but we do not accept any responsibility for keeping the information on our Website up-to-date, nor do we accept liability for any failure to do so.
12.4 We reserve the right, at our sole discretion, to pursue all of our legal remedies upon breach by you of these Terms of Service, including but not limited to the removal of your postings and any content about or relating to you from our Website, and restricting or otherwise suspending your ability to access to our Website and to use any or all of its constituent services.
13. COPYRIGHT NOTICE AND LIMITED LICENCE
13.1 GPBuddy.co.uk and the GPBuddy device are registered trademarks in the United Kingdom and other countries. The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, get-up, business names, domain names, rights in good will, know-how, designs and rights in designs, trade names, devices and logos (whether registered or unregistered) contained on our Website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws and are also protected under national laws and international treaties. GPBuddy UK Limited and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials contained on our Website. All proprietary content on our website, including the GPBuddy device, is the copyright of Cairde Sláinte Limited, an Irish registered company, and is used under licence in the United Kingdom by GPBuddy UK Ltd and/or other licensed third parties.
13.2 Any other use of the information on our Website, including any form of copying or reproduction, modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other Materials or works or re-delivery using framing technology, without our prior permission is strictly prohibited and is a violation of the proprietary rights of GPBuddy UK Limited and/or third parties. Other than as expressly provided herein, nothing in these Terms of Service should be construed as conferring, by implication or otherwise, any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of GPBuddy UK Limited, its licensors or any third party.
13.3 You agree to grant GPBuddy UK Limited, subject to applicable laws, a non-exclusive, royalty free, world-wide, transferable perpetual licence with the right to sub-licence, reproduce, distribute, transmit, create derivative works of, or publicly display any or all content or information (including without limitation, any or all ideas contained therein for new or improved services) when you submit information or any other content to our Website either during the registration process or to us, by whatever means, thereafter.
14.1 THE WEBSITE IS AVAILABLE TO ALL USERS "AS IS" AND, TO THE GREATEST EXTENT PERMITTED BY LAW, THE WEBSITE IS MADE AVAILABLE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
14.2 GPBUDDY UK LIMITED MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE SERVICES OR INFORMATION AVAILABLE ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
14.3 ALL INFORMATION PROVIDED ON OUR WEBSITE IS INTENDED AS A GUIDE ONLY AND SHOULD NOT BE CONSTRUED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND NEITHER GPBUDDY UK LIMITED, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS AS TO THE ACCURACY OF ANY INFORMATION PROVIDED ON OUR WEBSITE.
14.4 GPBUDDY UK LIMITED MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT OUR WEBSITE, OR THE SERVER(S) UPON WHICH IT IS HOSTED, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GPBUDDY UK LIMITED ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF GPBUDDY UK LIMITED, WHICH CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF OUR WEBSITE.
14.5 ALL USE BY YOU OF OUR WEBSITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM YOUR DOWNLOADING ,OR USING OF, OR REFERRING TO, OR RELYING ON, THE FACILITIES, SERVICE(S) OR INFORMATION PROVIDED ON OUR WEBSITE, OR ANY OTHER INFORMATION OBTAINED BY YOU THROUGH YOUR USE OF OUR WEBSITE. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, GPBUDDY UK LIMITED AND ALL CONNECTED PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES AND INFRASTRUCTURE TO GPBUDDY UK LIMITED WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE WEBSITE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.
14.6 NO ORAL ADVICE OR WRITTEN INFORMATION, GIVEN BY GPBUDDY UK LIMITED, ITS OFFICERS, AGENTS, DIRECTORS, EMPLOYEES OR AGENTS, OR THE LIKE, SHALL CREATE A WARRANTY, NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
14.6 TO THE FULLEST EXTENT PERMITTED BY LAW, GPBUDDY UK LIMITED ASSUMES NO RESPONSIBILITY, NOR DO WE GRANT ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE OPERATION, SAFETY, CONDITION OR SERVICE OF AND MEDICAL PROFESSIONAL OR HEALTHCARE PROFESSIONAL OR MEDICAL SERVICE, OR ANY OTHER PERSON ASSOCIATED WITH SAME THAT IS USED BY, FOR, OR ON BEHALF OF, YOU. GPBUDDY UK LIMITED IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY MEDICAL PRACTITIONER OR ANY HEALTHCARE PROFESSIONAL OR ANY OTHER PERSONS ASSOCIATED WITH SAME, WHOSE PERSONAL INFORMATION OR CONTACT DETAILS YOU OBTAINED FROM OUR WEBSITE, OR FOR ANY LOSS, DAMAGES OR EXPENSES RESULTING THEREFROM.
14.7 GPBUDDY UK LIMITED CANNOT GUARANTEE, AND DOES NOT PROMISE, ANY SPECIFIC RESULTS FROM THE USE BY YOU OF OUR WEBSITE.
14.8 PART OF OUR WEBSITE MAY CONTAIN THIRD-PARTY ADVERTISING. ADVERTISERS ARE RESPONSIBLE FOR ENSURING THAT MATERIAL SUBMITTED FOR INCLUSION ON OUR WEBSITE COMPLIES WITH ALL RELEVANT ENGLISH AND/OR UNITED KINGDOM, EUROPEAN AND INTERNATIONAL LAWS AND ALL RELEVANT ENGLISH AND/OR UNITED KINGDOM, EUROPEAN AND INTERNATIONAL INDUSTRY CODES OF PRACTICE AND INDUSTRY OR VOLUNTARY CODES OF CONDUCT, WHERE APPROPRIATE. GPBUDDY UK LIMITED TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE HOSTED ON OUR WEBSITE OR MADE AVAILABLE TO YOU THROUGH ANY GPBUDDY-RELATED SERVICE, NOR DO WE TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES OFFERED BY SUCH THIRD PARTY ADVERTISERS. GPBUDDY UK LIMITED WILL NOT BE RESPONSIBLE FOR ANY ERROR OR INACCURACY IN ADVERTISING MATERIALS, NOR WILL IT BE LIABLE FOR ANY BREACH OF ENGLISH AND/OR UNITED KINGDOM, EUROPEAN OR OTHER INTERNATIONAL LAWS, NOR ANY ENGLISH AND/OR UNITED KINGDOM, EUROPEAN OR OTHER INTERNATIONAL INDUSTRY CODES OF PRACTICE OR VOLUNTARY CODE OF CONDUCT BY THIRD PARTY ADVERTISERS IN RELATION TO THE CONTENT OF ANY OF THEIR ADVERTISEMENTS WHICH MAY FROM TIME TO TIME APPEAR ON OUR WEBSITE.
15. LIMITATION OF LIABILITY
15.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GPBUDDY UK LIMITED NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF ANY FACILITIES OR SERVICES WHICH WE OFFER ON OUR, OR ANY TRANSACTIONS ENTERED INTO, THROUGH OR FROM OUR WEBSITE, INCLUDING FOR THE AVOIDANCE OF DOUBT, YOUR TRANSACTIONS WITH ANY MEDICAL PRACTITIONER OR HEALTHCARE PROFESSIONAL FACILITATED THROUGH OUR WEBSITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, LOSS OF INCOME, PROFIT OR OPPORTUNITY, LOSS OF, OR DAMAGE TO, PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF GPBUDDY UK LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.
15.2 IN NO EVENT SHALL GPBUDDY UK LIMITED NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY MEDICAL PRACTITIONER OR HEALTHCARE PROFESSIONAL OR THIRD PARTY OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF OUR WEBSITE AND/OR ANY ANCILLARY SERVICE(S), WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
15.3 WITHOUT LIMITATION TO THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL GPBUDDY UK LIMITED NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF OUR WEBSITE OR THE FACILITIES OR SERVICES THAT WE OFFER VIA OUR WEBSITE, RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND OUR/THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURE, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LAY-WAY DISPUTES, RIOTS, INTERACTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOATS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR THE NON-PERFORMANCE OF A THIRD PARTY.
15.4 GPBUDDY UK LIMITED DOES NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AUTHORISED REPRESENTATIVES OR FOR FRAUD.
16.1 You agree to defend, indemnify and keep indemnified and hold GPBuddy UK Limited and (as applicable) its officers, directors, employees, agents or other representatives, harmless against any and all claims, proceedings, actions, costs (including legal costs), charges, expenses, damages, liability, losses and demands made by, or liabilities to, any third party, resulting from any activities conducted under your account and/or your email username and/or password, resulting in the use or misuse of our Website, including but not limited to posting content on our Website, entering into transactions with Medical Practitioners and/ or Healthcare Professionals, infringing any third party intellectual property or other rights, or otherwise arising out of your breach or any breach of these Terms of Service.
17. LINKS TO THIRD PARTY WEBSITES
17.1 Our Website contains links to third party websites. Your use of third party websites is subject to the independent terms and conditions of use contained within each of those websites. Access to any other external websites through our Website is at your own risk.
17.2 GPBuddy UK Limited is not responsible or liable for the accuracy of any information, data, opinions or statements made on third party websites or on advertising for third parties which is hosted on our Website, or the security of any link or communication with those external websites. GPBuddy UK Limited reserves the right to terminate a link to a third party website at any time.
17.3 The fact that GPBuddy UK Limited provides a link to a third party website does not mean that GPBuddy UK Limited endorses, authorises or sponsors that website, nor does it mean that GPBuddy UK Limited is affiliated with any third party websites, owners or sponsors. GPBuddy UK Limited provides these links merely as a convenience for those who use our Website.
18. REFUND POLICY
18.1 You may choose to avail of paid services offered by GPBuddy UK Limited through our Website at your own discretion. By entering into a contract with us for the provision of a service for valuable consideration, you agree to also be bound by the Terms of Service set forth herein. At the time of entering into a contract with us for the provision of a service for valuable consideration, you shall be informed of the duration of the service being made available to you.
18.2 No contract will subsist between you and GPBuddy UK Limited for a sale to you of any service, unless and until GPBuddy UK Limited accepts your order by confirming that your payment has been received by us or our agents. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time GPBuddy UK Limited sends a confirmation e-mail to you (whether or not you receive that e-mail).
18.3 GPBuddy UK Limited does not issue refunds for any paid services, nor does it offer a refund with respect to any of these services. If you have any query in relation to this, you agree to submit such query in writing to GPBuddy UK Limited. Submission of such a query does not imply any direct action be taken by GPBuddy UK Limited with respect to such query or queries, but GPBuddy UK Limited will endeavour to respond in a timely fashion. Failure to provide timely payment for any paid service offered by GPBuddy UK Limited may result in our terminating such service, without notice, and entirely at our own discretion.
18.4 Notwithstanding any of the other sub-paragraphs contained in this section, your statutory rights are not affected.
19.1 Although GPBuddy UK Limited endeavours to ensure that our Website is available at all times, there may be occasions when access to our Website may be interrupted, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to the failure of telecommunications links and equipment that are beyond our control. You agree that GPBuddy UK Limited shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of our Website and/or ancillary services.
19.2 You accept that you have sole responsibility for adequate protection and back up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive items.
20 JURISDICTION AND GOVERNING LAW
20.1 This Website is controlled and operated by GPBuddy UK Limited and its service provider(s) from Ireland. GPBuddy UK Limited does not make any representation that the facilities, services and information contained thereon, including but not limited to the availability of advertising material relating to third party products or services, offered through our Website is appropriate or suitable for use in any country other than the United Kingdom, or that such information complies with any legal or regulatory requirements in any jurisdictions other than Ireland and/or the United Kingdom. In accessing our Website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent that any local laws are applicable.
20.2 If it is prohibited to make our Website, the facilities, services or information offered through our Website, including but not limited to the availability of advertising material relating to third party products and or services, or any part of them, available to you in your country of access, (whether by reason of nationality, residence, law or otherwise), this Website, the facilities, services and/or information and/or advertising material relating to third party products and or services offered through our Website, or any part of them, are hereby regarded as not directed at you.
20.3 These Terms of Service shall be governed by and construed in accordance with the laws applicable in England, and you hereby agree for the benefit of GPBuddy UK Limited, and without prejudice to the right of GPBuddy UK Limited to take proceedings in relation to these Terms of Service before any court of competent jurisdiction, that the courts of England shall have exclusive jurisdiction to hear and determine any actions or proceedings that may arise out of, or in connection with, these Terms of Service. You also hereby agree that for such purposes you irrevocably submit to the jurisdiction of the courts of England.
20.4 The language of any dispute resolution procedure or any proceedings under these Terms of Service will be English.
21.1 Any waiver of any provision of these Terms of Service must be in writing and signed by an authorised officer of GPBuddy UK Limited to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future.
21.2 Each of the provisions of these Terms of Service is separate and severable and enforceable accordingly, and if at any time any provision is judged by any court of competent jurisdiction to be void or unenforceable the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
21.3 Nothing in these Terms of Service shall constitute, or be deemed to constitute, a partnership between you and GPBuddy UK Limited or its agents, nor shall either party be deemed to be the agent of the other party.
21.4 These Terms of Service represent the entire understanding and agreement between you and GPBuddy UK Limited relating to your use of our Website, its facilities, ancillary services and information available thereon and supersede any and all prior statements, understandings and agreements.
22. CONTACTING US
22.1 If you have any questions about these Terms of Service, please feel free to contact us through our firstname.lastname@example.org email address or write to us at:
GPBuddy UK Limited
The Quadrus Centre
Boldon Business Park
Tyne & Wear