PriveMD Terms Of Use

(1)  Introduction

These terms of use govern your use of our application; by using our application, you accept these terms of use in full.   If you disagree with these terms of use or any part of these terms of use, you must not use our application.

If you register with our application, we will ask you to expressly agree to these terms of use.

Please note that we provide a application for users to communicate and exchange content with other members.  We are not party to the content exchanged between members on this application, and accordingly we will not be liable to any person in relation to any such content shared.  See Section [7] for more details of our role.

You must be at least 18 years of age to use our application.  By using our application and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.

Our application uses cookies.  By using our application and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy / cookies policy.

(2)  Licence To Use PriveMd

Unless otherwise stated, we or our licensors own the intellectual property rights in the application and material on the application.  Subject to the licence below, all these intellectual property rights are reserved.

You may view content from the application for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

  1. republish material from this application;
  2. sell, rent or sub-license material from the application
  3. show any material from the application in public
  4. edit or otherwise modify any material on the application (other than editing your own details using our interface);
  5. reproduce, duplicate, copy or otherwise exploit material on our application for a commercial purpose; or
  6. redistribute material from this application except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

We reserve the right to restrict access to areas of our application, or indeed our whole application, at our discretion.

(3)  User Posts and Photo/Video/Other Content

Content submitted to our application must not constitute anything that:

  1. breaches any applicable laws, regulations or codes, or infringes any third party intellectual property rights or other rights, or gives rise to a cause of action against any person in any jurisdiction
  2. consists of or contains material that would, if published on our application by you, contravene the provisions of Section [5]
  3. is or relates to: (i) drugs, narcotics, steroids or controlled substances; (ii) pornography; (iii) obscene, indecent or sexually explicit materials; (iv) knives, swords, firearms or other weapons; (v) ammunition for any weapon; (vii) items that encourage   or facilitate criminal acts or civil wrongs; or (vii) items that encourage or facilitate the infringement of any intellectual property right.

Your posts must comply with the “acceptable use” and “submissions” provisions below.

If you want to join our service, we will provide you with / you will be asked to choose a user ID and password.  You must ensure that your user ID and password are kept confidential.  You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.  You are responsible for any activity on our application arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.  You must not use any other person’s user ID and password to access our application, unless you have that person’s express permission to do so.  We may disable your user ID and password in our sole discretion without notice or explanation.

You must keep your user details up-to-date using our interface.  In particular, you must remove any details that have ceased to apply.

Without prejudice to our other rights under these terms of use, we reserve the right to reject or delete submissions that in our reasonable opinion or due to a post being reported by another party to breach these terms of use or that do not in our reasonable opinion meet the additional guidelines for submissions published on our application.  If we reject or delete a submission on this / either basis, we will not offer any compensation.

If we accept your post then, it will remain published on our application indefinitely until either removed by yourself using the deletion timer, or subject to termination or deletion in accordance with these terms of use.

We will not file a copy of these terms of use specifically in relation to each submission and, if we update these terms of use, the version to which you originally agreed will no longer be available on our application.  For this reason, we recommend that you print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only.

(4)  Acceptable Use

You must not use our application in any way that causes, or may cause, damage to the application or impairment of the availability or accessibility of the application; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our application without our express written consent.

You must not use data collected from our application to contact individuals or companies or other organisations for any reason (other than for the purpose of a bona fide response).

You must not use data collected from our application for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

(5)  Submissions

In these terms of use, “your submissions” means all material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our application as part of a post, or that you submit to our application using any other application feature.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your submissions in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your user content will comply with these terms of use.

Your submissions must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your submissions (and their publication on our application) must not:

  1. be libellous or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  4. infringe any right of confidence, right of privacy, or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime;
  7. be in contempt of any court, or in breach of any court order;
  8. be in breach of racial or religious hatred or discrimination legislation;
  9. be blasphemous;
  10. be in breach of official secrets legislation;
  11. be in breach of any contractual obligation owed to any person;
  12. depict violence in an explicit, graphic or gratuitous manner;
  13. be pornographic or sexually explicit;
  14. be untrue, false, inaccurate or misleading;
  15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  16. constitute spam;
  17. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
  18. cause annoyance, inconvenience or needless anxiety to any person.

Your submissions must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our application to link to any website or web page consisting of or containing material that would, were it posted on our application, breach the provisions of these terms of use.

You must not submit to our application any submissions that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our application, or stored on our servers, or hosted or published upon our application.

Notwithstanding our rights under these terms of use in relation to user submissions, we do not undertake to monitor the submissions, or the publication of the submissions on our application.

(6)  Discontinuing Services

We reserve the right to discontinue our services (and the publication of our application) at any time in our sole discretion with or without notice. If:

  1. your membership has been (or would have been) accepted in accordance with these terms of use; and
  2. we discontinue the application;

We will notify you in writing.

You will not be entitled to any compensation upon the discontinuance of our services.

(7)  Limited Warranties

We do not warrant the completeness or accuracy of the information published on this application; nor do we commit to ensuring that the website remains available or that the material on the application is kept up-to-date.

You acknowledge that:

  1. we do not confirm the identity of members, check the credit worthiness or bona fides of users, or otherwise vet members;
  2. we do not check, audit or monitor the information contained in posts;
  3. we are not party to the content, sale or purchase of goods or services advertised on the application;
  4. we are not involved in any transaction between members in any way; and
  5. we are not the agents for any members;

and accordingly we will not be liable to any person, whether acting as member or otherwise, in relation to the offer for sale or sale or purchase of any goods or services advertised on our application; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any goods or services and we will have no obligation to mediate between parties to any such contract.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this application and the use of this application (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(8)  Limitations And Exclusions Of Liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.  If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

Unless you contract with us under these terms of use as a consumer, we will not be liable to you in respect of any loss or corruption of any data, database or software.

Unless you contract with us under these terms of use as a consumer, we will not be liable to you in respect of any special, indirect or consequential loss or damage.

Unless you contract with us under these terms of use as a consumer] our aggregate liability to you under the terms of use will not exceed the greater of: (a) £10,000; and (b) the total amount paid and payable by you to us under the terms of use.

You accept that we have an interest in limiting the personal liability of our officers and employees.  Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the application or these terms of use.  This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our application. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

(9)  Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(10)  Breaches Of These Terms Of Use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

  1. send you one or more formal warnings
  2. temporarily suspend your access to the application
  3. block mobiles using your IP address from accessing the application
  4. contact your mobile internet services provider and request that they block your access to the application
  5. bring court proceedings against you for breach of contract or otherwise
  6. delete and/or edit any or all of your submissions; and/or
  7. suspend and/or delete your account with the application.

Where we suspend or prohibit or block your access to our application or a part of our application, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

(11)  Third Party Services

Our application includes hyperlinks to other websites/services owned and operated by third parties.  These links are not recommendations.  We have no control over the contents of third party services / websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(12)  Trade Marks

[PriveMd] and our logo are trade marks belonging to us.  We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or application marks on our application are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(13)  Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our application. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

(14)  Variation

We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our application from the date of the publication of the revised terms of use on our application.  Please check this page regularly to ensure you are familiar with the current version.

(15)  Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing where you contract with us as a consumer that such action will not reduce the guarantees benefiting you under these terms of use.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(16)  Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(17)  Exclusion Of Third Party Rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(18)  Entire Agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our application, and supersede all previous agreements in respect of your use of this application.

(19)  Law And Jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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