Medelinked Terms of Use

Part A: Medelinked Online Health Application

The Medelinked Online Health Application (the 'Medelinked Application') enables End-Users ('you' and 'your') to receive, store and manage their personal health information. References to the 'Medelinked Application' include any component and the current and/or any future version of the Medelinked Application, and any documentation accompanying these Terms whether distributed by download from a web site, on disk, or by any other media or in any other form. The Medelinked Application is provided through www.Medelinked.com (the 'Medelinked Website'). In the event that you breach these Terms, your permission to use the Medelinked Application will automatically terminate. Medelinked may modify these Terms in their sole discretion and it is your responsibility to review these Terms and related policies each time you access the Medelinked Website. The Medelinked Application is licensed, not sold, to you by Medelinked for use only under the terms of this Agreement.

i) Not Medical Advice

The Medelinked Website and the Medelinked Application are not intended as a substitute for the advice provided by your own general practitioner, physicians or other health care providers, and may not take your individual health situation into account. You shall not use the Medelinked Website or the Medelinked Application, to diagnose a health problem or disease, or as a means of determining treatment. You acknowledge that the only health advice you will be receiving will be from your general practitioner, physician or other health care provider, and not from Medelinked. The Medelinked Application is not intended to be a substitute for professional medical advice. Medelinked does not provide emergency medical or health services or advice. In the event of an emergency, immediately contact your general practitioner, physician or your nearest hospital, or contact the emergency services.

ii) Use of the Medelinked Website and the Medelinked Application

Medelinked authorizes you to view and download content on the Medelinked Website in accordance with these and the Medelinked Website Terms and Conditions, and to use the Medelinked Website and the Medelinked Application, solely for your personal, non-commercial use. Title to and all intellectual property rights in the Medelinked Website and the Medelinked Application remains with Medelinked (and where applicable) its licensors. Any use of the Medelinked Application that is not in accordance with these Terms is a breach of these Terms and may be a breach of copyright, trade mark, and other relevant laws. The Medelinked trade mark is the exclusive property of Medelinked Limited. The Medelinked Application and the Medelinked Website are subject to change or termination without notice in the sole discretion of Medelinked.

iii) Ownership, Restrictions, Copyright Infringement and Related Issues

Title to the Medelinked Application, including all intellectual property rights thereto, shall at all times remain exclusively with Medelinked. Any rights not expressly granted by Medelinked are reserved to Medelinked. You may not cause or permit the disclosure, copying, decompiling, reverse engineering, disassembling, modifying, creating derivative works, renting, licensing, sublicensing, leasing, dissemination or other distribution of the Medelinked Application, or any part thereof, by any means or in any form, without the prior written consent of Medelinked. You are entitled to use the Medelinked Application and the Medelinked Website strictly for your own use and may not otherwise commercially exploit any of the Medelinked Application or the Medelinked Website. Using the Medelinked Application to transmit (whether by email, uploading, posting, or otherwise) any information or items without the express permission of the owner of such information or items or to engage in any activity that infringes any copyright or any other right of a third party is not permitted. You represent and warrant to Medelinked that you own, or are otherwise authorised to use, any files, data, text, or other information that you may transmit to or through the Medelinked Application or the Medelinked Website, and that any use of the files, data, text, or other information supplied by you does not does not breach or infringe any rights of a third party including without limitation third party intellectual property rights. If you believe that your information is the subject of unauthorized copying from the Medelinked Application or the Medelinked Website please contact us immediately. Medelinked reserves the right, to suspend and/or terminate any persons access to the Medelinked Application and/or the Medelinked Website, for any reason in Medelinked’s sole discretion.

iv) Your Responsibilities

You are responsible for obtaining and maintaining the equipment and services necessary to access and use the Medelinked Website and Medelinked Application including but not limited to any computer hardware, telephone line, Internet connection, Internet Service Provider, SMS capability, data access and transmission capability, network access and coverage. You are solely responsible for all costs related to the equipment and services necessary or desirable for the access to and use of the Medelinked Website and Medelinked Application. You are responsible for maintaining the confidentiality of your user identification and password. You must contact Medelinked immediately in the event that you have any reason to believe there has been any unauthorized access or use of your account. You agree that files, data, text or other information supplied by you shall not contain any material or information that is obscene, defamatory, or is otherwise in breach of any applicable law, statute or regulation or third party rights, including intellectual property rights.

v) Open Emergency Record Information

Medical Information that you authorise to be open by submitting as a part of an Emergency Record is deemed to be in the public domain, accessible either through www.Medelinked.com (unless you have opted out, by selecting NO at “Show Emergency Record Online”, via member profile) or through the Medelinked medical card (if applicable). Access to your Emergency Record online if enabled, is granted if a match on three information criteria are met, being Name, Date of Birth and Medelinked ID number.

vi) Disclaimer of Warranties and Limitations of Liability

You assume the sole risk of using the Medelinked Application and the Medelinked Website, and agree that they are provided on an “as is” and “as available” basis, and without any warranty of any kind, whether express or implied, statutory or otherwise, including but not limited to any implied warranties of satisfactory quality, non-infringement of third party intellectual property rights and fitness for purpose. Medelinked makes no representation or warranty as to the accuracy reliability or completeness of the Medelinked Website and /or Medelinked Application or any links or communication provided on or by way of the Medelinked Application or the Medelinked Website. Important Note: Medelinked does not warrant that: ANY OF YOUR PERSONAL INFORMATION WILL BE STORED, TRANSMITTED OR RECEIVED IN A TIMELY OR COMPLETE MANNER, OR THAT SUCH INFORMATION WILL REMAIN UNALTERED, UNCORRUPTED AND USABLE AS INTENDED. THAT ANY CONTENT OR OTHER INFORMATION IS SECURE FROM ANY ATTACK OR ANY INTENTIONAL OR UNINTENTIONAL DAMAGE OR DELETION. MEDELINKED SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS AND CONSEQUENTIAL LOSS OR DAMAGE, PERSONAL INJURY OR DEATH AND LOSS OF PROFITS RESULTING FROM LOSS OF PERSOPMNAL INFORMATION OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE MEDELINKED APPLICATION MEDELINKED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, ASSIGNS, AFFILIATES AND LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR BUSINESS INFORMATION AND THE LIKE), WHETHER IN AN ACTION BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT ON THE MEDELINKED WEBSITE OR THE MEDELINKED APPLICATION. IN NO EVENT SHALL MEDELINKED’S TOTAL LIABILITY TO YOU UNDER THESE TERMS EXCEED £100

vii) Links to Other Websites

The Medelinked Website may contain links to other web sites. Medelinked is not responsible for the content of third party websites and Medelinked does not endorse any third-party advertisements on any websites that are accessible to or from the Medelinked Website. Medelinked makes no representation regarding their content or accuracy. Your use of third-party web sites is entirely at your own risk and subject to the terms of use for such sites.

viii) Indemnity

You agree to defend, indemnify, and hold harmless Medelinked, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions or demands, liabilities and settlements whatsoever including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.

ix) Safeguards and Security

Medelinked does not warrant the accuracy of the data you provide to Medelinked or the integrity of the computing systems you use to access the Medelinked Application or Medelinked Website. You are solely responsible for using and the correct use of the security features including without limitation passwords. Medelinked does, however, verify all datasources used within the Medelinked Application (doctor databases and health content) every 3 months as part of the application release life cycle. All applications are updated at least once every quarter to ensure they are meeting all required security and regulatory standards.

All personal and billing information is transmitted using the secure SSL protocol. Both personal and non-personal information collected by the Software is safeguarded according to the highest privacy and data protection standards adopted worldwide, and will not be shared or given without your consent as described in our Privacy Policy www.medelinked.com.

x) Complete Agreement

This Agreement constitutes the entire agreement between you and Medelinked with respect to the use of the Medelinked Website or the Medelinked Application.

xi) No Assignment

You shall not assign this Agreement or any of your rights or obligations hereunder.

xii) Choice of Law, Jurisdiction & Amendment

These Terms shall be governed by and construed in accordance with English law and Medelinked and you irrevocably submits for all purposes in connection with this Agreement to the exclusive jurisdiction of the courts of England. Access to the Medelinked Website and Medelinked Application may not be legal by certain persons or in certain countries. If you access the Medelinked Website from outside the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and every other jurisdiction that may apply. To the extent that any provision of these Terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these Terms it shall not affect the enforceability of the remainder of these Terms and Conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction. These Terms set out the entire agreement and understanding between the parties in respect of the subject matter of these Terms. No purported variation of these Terms shall be effective unless it is in writing and signed by Medelinked.

xiii) Third Parties

Our platform uses Microsoft HealthBot services, such as the Symptom Checker (API-interface or any other component of the Microsoft services). By using our platform, you agree to the Microsoft HealthBot terms of use and privacy policy.

Information purpose and exclusion of liability
Microsoft HealthBot service is solely meant for the purpose of information and do not substitute consultation, diagnosis and treatment by professional doctors. Usage of and trust in contents provided by the Microsoft HealthBot and Microsoft HealthBot services data cannot and must not be used by End Users for (their own) consultations, diagnoses or treatment methods and the selection, application or termination thereof. The contents of the Microsoft HealthBot are not a recommendation for consultation, application, treatment, diagnosis or purchase.

We shall not be liable for any damage resulting from false or incomplete information given by the End User, especially the health data. The End Users are solely responsible for their health data’s correctness and timeliness. In the event that claims are made against us by End Users or our customers because of the absence of correctness or timeliness of the End User’s data and information, the respective End User undertakes to fully indemnify us. All End Users of this service are requested by us to consult a doctor for health information. In the event of a medical emergency or in imminent, life-threatening situations, the End User needs to contact or consult a medical emergency service immediately. The Microsoft HealthBot services are not meant for emergency situations and must not be used solely in such constellations.

We disclaim any liability to the fullest extent permitted by law for any possible damage caused by the usage of our products and services with regard to the Microsoft HealthBot services or Microsoft data. Any utilization or usage of contents on the Microsoft HealthBot services or the Microsoft HealthBot services data takes place at one’s own risk. The assertion of any types of claims is therefore excluded.

The End User bears responsibility for all consequences and disadvantages which may occur due to misuse or illegal use of the products and services with regard to the Microsoft HealthBot services and the Microsoft HealthBot services data or because the End User does not fulfil his other essential agreement duties (among other things, the obligation of keeping the password secret). We accept no liability for any damage that may occur from that. The End User shall indemnify us in full in the event that claims should be asserted against us due to misuse or illegal use of the products and services with regard to the Microsoft HealthBot services as well as Microsoft HealthBot services data by the End User.

The online analysis using the Microsoft HealthBot services does neither substitute the medical examination nor the diagnosis by a qualified doctor. Usage of the Microsoft HealthBot services and its contents are no substitute for professional medical care, doctor’s advice, diagnosis or treatment. The usage of the Microsoft HealthBot services is voluntary and solely at the End User’s own risk and in the End User’s own assessment regarding the reliability of information and data (Microsoft HealthBot services data) provided by the Microsoft HealthBot services. Also, in the End User’s responsibility are decisions or actions, including but not limited to the decision, not to consult a doctor for diagnosis and treatment, resulting from the usage of the Microsoft HealthBot services. Only the End User is responsible for the decision, to use the services of a doctor. We do not recommend or advocate tests, doctors, healthcare services, products, procedures, opinions or other information that may be mentioned via the Microsoft HealthBot services. The End User should also not delay professional medical advice/care because of information and Microsoft HealthBot services data that have been obtained via the Microsoft HealthBot services

Part B: Medelinked Website Terms and Conditions of Use

The website www.medelinked.com is owned by Medelinked, a private limited company, incorporated in England and Wales, company registration number 05517265. Medelinked’s registered business address is Newtown House, Newtown Road, Henley On Thames, RG9 1HG. “Medelinked”, “us” “our” or “we” refers to Medelinked Limited, the term “you” or “your” refers to the user or viewer of our website.

i) Using This Website

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Medelinked’s relationship with you in relation to the use of this website. All products and services that are detailed on this website are subject to their specific terms and conditions of use and are subject to change without notice. All products and services are subject to availability and we give no guarantee in this regard. The provision of details of products and services on this website are not, and should not be construed as, an offer to sell or buy such products or services by Medelinked. Medelinked may accept or reject your offer at its sole discretion. From time to time we may change these terms and conditions, and will post revisions on our website. We recommend that you read these terms and conditions regularly.

ii) Privacy

Use of the data that you provide to us, or which is collected by your use of this website, is governed by our Privacy Policy. SOFTWARE IMPROVEMENT PROGRAM. By participating in the Medelinked Software Improvement Program, you allow Medelinked to collect anonymous information relating to your use of the Software, such as the frequency of your use of the Software and of certain features, and information on errors occurring during your use of the Software. This anonymous usage data will be used to diagnose performance issues and improve the reliability of the Software and its features. This data will not be tied to any information that would personally identify you. PERSONAL INFORMATION. During the installation process, or at some time thereafter, you may be asked to provide certain information that will be used to personalise certain Documents, send you Medelinked information via email or mail, and customize some information presented to you through the Software. For example, you may be asked for your state/province/country, which could be used by the Software to provide you with locally relevant Documents and/or related products.

iii) Access to the Website

We try to ensure that website availability is uninterrupted and that transmissions will be error-free. However,due to the nature of the internet, we cannot guarantee that your access will not be suspended or restricted from time to time (including without limitation) to allow for repairs, maintenance or the introduction of new features or services. We shall use all reasonable endeavours to try and limit the frequency and duration of any suspension or restriction.

iv) Accounts and Passwords

Whether you are a Medelinked card holder or a subscriber to the Medelinked Online Health Application, your personal details which are registered with us, allow you and only you to use the website for as long as we allow access, or in the case of a subscription for the period of the contract. Personal accounts may not be shared.

v) Intellectual Property Rights

This website contains material which is owned by or licensed to us; the content, layout, design, data and graphics on this website are protected by UK and other international copyright laws. No part of the website may be reproduced, stored in a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording and/or otherwise) without our prior written consent. “MEDELINKED” is a registered trade mark of Medelinked Limited. All trade marks reproduced on this website, which are not our property, or licensed to us, are acknowledged on the website. Any use including framing, metatags or other text utilising the Medelinked trade mark or other trade marks that are displayed, is strictly prohibited without our (or our licensor's) express written consent.

vi) Links

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without our prior written consent.

vii) Disclaimer

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. To the fullest extent permitted by law, we are not responsible for any losses, injury or damage caused to any person or property (including under contract, by negligence, products liability or otherwise) whether they be direct or indirect, special, incidental or consequential, resulting from the use of this website.

viii) Your conduct

You must not use the website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must use the website for lawful purposes only. You must not use the website for any of the following: Fraudulent purposes in connection with a criminal offence or otherwise unlawful activity. To send, use or re-use any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trade mark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam. To cause annoyance, inconvenience or needless anxiety.