Terms and Conditions of service use
- Terms and Conditions Last updated: June 2023
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE. USING THE WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE CONTENT IS PROVIDED SOLELY FOR YOUR INFORMATION. THE CONTENT DOES NOT PROVIDE YOU WITH ANY ADVICE OR RECOMMENDATION OF ANY KIND AND MUST NEVER BE USED AS A SUBSTITUTE FOR ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONALS.
- Interpretation The following definitions and rules of interpretation apply in these Terms of Use.
2.1. Definitions
“Content” means all audio, video, text, images or other content and information made available by us to you through the Website and may include content which is owned or controlled by third parties which we are permitted to make available to you through the Website;
“Clinicians Check, we, our or us” means Health Choices Global Limited trading as Clinicans Check, a company incorporated and registered in England and Wales.
“Health Specialist” means a health specialist listed on the Website;
“Terms of Use” means these terms of use together with any documents referred to in it;
“User, you or your” means any person who uses the Website, including those who book an appointment with a Health Specialist using the Website; and
“Website” means Clinicians Check’s website located at www.clinicianscheck.com and related websites, applications, services, and mobile applications provided by Clinicians Check.
2.2. Clause headings shall not affect the interpretation of these Terms of Use
2.3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2.4. Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavors to prevent that thing being done by another person.
2.5. Any words following the terms including include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.
2.6. A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.
3. Acceptance of the term
3.1. These Terms of Use is a legal agreement between you and us for the use of our Website, whether as a Health Specialist or User. Use of the Website includes accessing, browsing, or registering to use our Website.
3.2. When using the Website, you must also comply with the following terms:
Acceptable Use Policy – which sets out the permitted and prohibited uses of the Website and our services;
Privacy Policy – which sets out the terms on which we process any personal data we collect from you, or that you provide to us; and
Cookie Policy – which sets out information about the cookies on the Website.
3.3. By using and/or registering to use the Website, you must read and agree with all of the terms and conditions contained in these Terms of Use. You agree that any use by you of the Website shall constitute your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please refrain from using the Website. We recommend that you store or print-off a copy of these Terms of Use for your records.
4.Website services and accessing the website
4.1. Clinicians Check allows you to search for Health Specialists on the Website by specialism and practice, location, or insurer and to schedule appointments with Health Specialists. You may also access information on Health Specialists and their practices, post opinions and ratings in relation to the Health Specialists.
4.2. In consideration of you agreeing to abide by these Terms of Use, we hereby grant to you a non-exclusive, non-transferable, license to use the Website.
4.3. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website without notice (see below). Please note that certain sections of the Website are viewable without registering with us but to actively participate, post opinions or ratings or store your information, you must register as a User. We will not be liable if for any reason the Website is unavailable at any time or for any period.
4.4. From time to time, we may restrict access to all or some parts of the Website to Users who have registered with us.
4.5. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and that they comply with them.
4.6. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is hosted or any server, computer, or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
5.Disclaimer
5.1. You acknowledge and agree that Clinicians Check has no control over, and will have no liability for any claims, losses or damages arising out of or in connection with the use of the Content on the Website.
5.2. While we use reasonable efforts to ensure that the information on the Website is accurate and up to date, Clinicians Check makes no warranty, representation or undertaking whether expressed or implied, nor does it assume any legal liability, whether direct or indirect, or responsibility for the accuracy, completeness, or usefulness of any information, services, or any Content on the Website.
5.3. Nothing in these Terms of Use is intended to or shall be deemed to:
- Limit or exclude our liability for death or personal injury resulting from our negligence; or
- Limit or exclude our liability for fraud or fraudulent misrepresentation; or
- Limit any of our liabilities in any way that is not permitted under applicable law.
5.4. Clinicians Check is not responsible for the behavior, actions or inactions of Health Specialists, the information they provide, the advice they give, or the outcomes of their services or advice.
5.5. The information provided through the Website should not be used to diagnose or treat a health problem or disease. It is not a substitute for professional care. If you have or suspect you may have a health problem, you should consult your health care provider.
5.6. Health Specialists have the ultimate responsibility for the correct and lawful provision of healthcare services to Users. Clinicians Check is not responsible for the Health Specialists’ advice, treatments, or procedures.
6. Intellectual property rights
6.1. Clinicians Check is the owner or the licensee of all intellectual property rights in the Website, and in the Content published on it. All such rights are reserved.
6.2. You may print off one copy and may download extracts of any pages from the Website for your personal reference and you may draw the attention of others within your organization to material posted on the Website.
6.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
6.4. Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
6.5. You must not use any part of the Content on the Website for commercial purposes without obtaining a license to do so from us or our licensors.
6.6. If you print off, copy, or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.
7. Linking to the website
7.1. You may link to the Website’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
7.2. You must not establish a link from any website that is not owned by you.
7.3. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
7.4. We reserve the right to withdraw linking permission without notice.
-
Links from the website Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
-
Reliance on information on the website
9.2. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties, or guarantees, whether express or implied, that the Content on the Website is accurate, complete, or up to date.
10. Limitation of our liability
10.1. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
10.2. To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to the Website or any Content on it, whether express or implied.
10.3. We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• Use of, or inability to use, the Website; or • Use of or reliance on any Content displayed on the Website.
10.4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or to your downloading of any Content on it, or on any website linked to it.
10.5. We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
10.6. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services by us to you.
11. Viruses
11.1. We do not guarantee that the Website will be secure or free from bugs or viruses.
11.2. You are responsible for configuring your information technology, computer programs, and platform to access the Website. You should use your own virus protection software.
11.3. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
12. Uploading content to the website
12.1. Whenever you make use of a feature that allows you to upload content to the Website, or to make contact with other Users of the Website, you must comply with the content standards set out in our Acceptable Use Policy.
12.2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
12.3. Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other Users a limited license to use, store, and copy that content and to distribute and make it available to third parties.
12.4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
12.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other User of the Website.
12.6. We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
12.7. The views expressed by other Users on the Website do not represent our views or values.
13. Suspension and termination
13.1. We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of the Website. When a breach of these Terms of Use has occurred, we may take such action as we deem appropriate.
13.2. Failure to comply with these Terms of Use constitutes a material breach and may result in our taking all or any of the following actions:
• Immediate, temporary, or permanent withdrawal of your right to use the Website.
• Immediate, temporary, or permanent removal of any posting or material uploaded by you to the Website.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
13.3. We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.
14. Changes to the terms of use
14.1. We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
14.2. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Website.
15. Law and jurisdiction
15.1. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
15.2. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.
Contact us using our web contact box should you have any further questions about our Terms and Condidtions