Terms and Conditions
Last Updated: 5th March 2009Terms of Service
The MobileMEDIC Service ("Service") is provided to you ("Member") under the terms and conditions of these Terms of Service and any operating rules or policies that may be published by MobileMEDIC. The Terms of Service comprises the entire agreement between Member and MobileMEDIC and supercedes all prior agreements between the parties regarding the subject matter contained herein.
By completing the registration process and clicking the "I Agree, Register me for MobileMEDIC" button, you are indicating your agreement to be bound by all of the Terms and Conditions of the Terms of Service.
By agreeing to register for the MobileMEDIC Service, you authorise the release of medical and other confidential information about you, in emergencies, to health care and emergency personnel.
Description of Service
The Service makes possible to use an account provided by MobileMEDIC to store personal medical data for retrieval by emergency personnel. MobileMEDIC provides Members with a capability to use a MobileMEDIC account via the World Wide Web and on our own system. The Member may use the MobileMEDIC Service provided that the using of the Service meets the guidelines of the Terms of Service.
Modifications to Terms of Service
MobileMEDIC may make changes to the Terms of Service. Upon any change in the Terms of Service, MobileMEDIC will notify you by posting the changes on the MobileMEDIC website. Member's continued use of the Service constitutes an affirmative:
- Acknowledgment by Member of the Terms of Service and its modifications; and
- agreement by Member to abide and be bound by the Terms of Service and its modifications.
Modifications to Service
MobileMEDIC reserves the right to modify or discontinue the Service with or without notice to the Member. MobileMEDIC shall not be liable to Member or any third party, should MobileMEDIC exercise its right to modify or discontinue the Service for any reason.
Privacy Policy
Member acknowledges and agrees that MobileMEDIC neither endorses the contents of any Member account nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
Member Account, Password and Security
Once you become a Member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account.
Member agrees to immediately notify MobileMEDIC of any unauthorized use of Member's account or any other breach of security known to Member.
Information Held
Member is entirely responsible for any and all activities which occur under the account, the accuracy of the account information held and any consequences to any Member or third party arising from inaccurate account information.
Disclaimer of Warranties
Service is provided on an "as is" and "as available" basis. MobileMEDIC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. MobileMEDIC makes no warranty that the Service will meet Member's requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor does MobileMEDIC make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the software will be corrected.
No advice or information, whether oral or written, obtained by member from MobileMEDIC or through the Service shall create any warranty not expressly made herein.
Limitation of Liability
MobileMEDIC shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Service or for cost of procurement of substitute Service or goods or for unauthorized access to or alterations of Member's account, transmissions, or data, including but not limited to damages for loss of profits, use, data or other intangible, even if MobileMEDIC has been advised of the possibility of such damages.
No resale or commercial use of the service
Member's right to use the Service is personal to Member. Member agrees not to resell the Service without the express consent of MobileMEDIC.
Service failure and other limitations
MobileMEDIC assumes no responsibility for the deletion of accounts or failure to retrieve account information for the MobileMEDIC Service. MobileMEDIC retains the right, at MobileMEDIC's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the Terms of Service and may terminate Service if a Member's conduct is found to be inconsistent with the Terms of Service.
Member conduct
Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, national and international laws and regulations. Member agrees:
- to comply with UK law regarding the transmission of technical data exported from the United Kingdom through the Service;
- not to use the Service for illegal purposes;
- not to interfere or disrupt networks connected to the Service; and
- to comply with all regulations, policies and procedures of networks connected to the Service.
Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offence, or otherwise violate any applicable local, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Member shall not interfere with another Member's use and enjoyment of the Service or another entities use and enjoyment of similar Services. MobileMEDIC may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the Terms of Service.
Indemnification
By using the MobileMEDIC Service you hereby agree to defend, indemnify and hold MobileMEDIC (including its employees, officers, directors and agents) harmless from any claim or legal action brought by yourself or any third party due to or arising out of usage of the Service, the violation of the Terms of Service by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
Termination
Either Member or MobileMEDIC may terminate the Service with or without cause or notice at any time and effective immediately. MobileMEDIC shall not be liable to Member or any third party for termination of Service.
Should Member object to any terms and conditions of the Terms of Service or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately:
- discontinue use of the Service; and
- terminate Service membership. Upon termination of the Service, Member's right to use the Service and Software immediately ceases. Member shall have no right and MobileMEDIC will have no obligation thereafter to provide Service to Member or any third party.
Participation in promotions of advertisers
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and Services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. MobileMEDIC assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
This contract is made under the law of England and any court proceedings must be held in the English courts.