Gooddoctor.com User Terms and Conditions

1. Agreement

1. This is an Agreement between you (the “User”) and BIpro Consulting Limited  (“BIpro” or "the site owner") a company incorporated in England and Wales under registered number 08181341 at the registered address 35 Ballards Lane, Finchley, London, N3 1XW (“Agreement”). BIpro is the owner and operator of GoodDoctor.com.

2. The GoodDoctor.com Service (“Service”) used by the User will consist of the provision of medical practitioner information and a patient recommendations service (which provides online information on and reviews of medical practitioners in the UK), which are published on the website at the url: http://gooddoctor.com” (the “Site”).

3. This Agreement consists of the Terms and Conditions and constitutes the entire agreement between the User and the site owner in relation to the Service

4. Your access to and use of the Site is subject to the terms and conditions of the terms set out in this Agreement and all applicable laws. By accessing and using this Site and continuing to use the Service, you accept and agree to these without any limitation or qualification.

2. Privacy Policy

1. We respect concerns about the privacy of your personal information. Please review our Privacy Policy for how we collect, use, disclose and manage your personal information.

3. Agreement Period

1. This Agreement shall be in force from the 1st of January 2015 and shall continue until amendment of the same or termination of the Service by The site owner.

2. The User may be contacted during this Agreement period regarding new developments and products.

3. From time to time the site owner may make alterations to the Service. The site owner will take reasonable steps to inform the User of these changes with as much advance warning as possible.

4. This Agreement entitles the User to access and retain the Service for the purposes detailed in this Agreement and for the duration of the Agreement only. At the end of this period, the ownership of the Service and ensuing rights shall revert to the site owner.

4. General Restrictions

1. You may use this Site for your own personal, non-commercial purposes only.

2. You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any content created via the Service (“Content”) in any way, including for any public or commercial purpose whatsoever, without our prior written permission.

3. You may not use any third parties’ likeness, names, and/or properties without their express permission.

4. You may not send any material to the Site that is unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.

5. We may review, edit, or delete materials you or others send to this Site, but are not obligated to do so.

6. We may delete any profile(s) and cancel any registration(s) or account(s) on this Site at any time, without notice to any party or liability, for any reason, including if technical problems, irregularities or misuse occurs.

5. Charges and Payment

1. If at any point, the Company charge for all or any part of the Service or for any additional services provided, the User shall be notified as to these charges and this Agreement shall be amended accordingly.

6. Proprietary Rights

1. The site owner (or our associated or affiliated persons or companies or third parties who have licence their content to the site owner or who contribute to this Site) (“Content Owner”) owns or licences from third parties all Content. All Content remains the sole property of the applicable Content Owner and is protected under all relevant Copyright, Trademark and other applicable laws. Nothing on the Site should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner. The Service and the Content is protected by copyright and other intellectual property rights. 

2. Except as expressly provided herein access to the Service does not grant the User any database rights or rights in the copyright, trademarks or any other intellectual property rights of the site owner or any third party.

3. The User is not permitted and will not allow any third party to adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with any element of the Service without the site owner’s written permission. The site owner may take steps to assert and enforce its rights over the Service and to identify its Content and the Service.

4. Subject to the application of the Privacy Policy to personal data, any material the User sends to this Site will be deemed non-confidential and non-proprietary. This includes any data, questions, reviews, comments, suggestions, ideas or other information, material or property.

7. User Obligations and Conduct

1. The User shall:
1.1 Provide the site owner with any information or assistance which the parties have agreed the User shall provide in order for the site owner to perform its obligations under this Agreement, and shall use all reasonable endeavours to ensure that any such information provided to the site owner is complete, accurate and in the agreed format.
1.2 Not do anything to harm the Site or the site owner’s reputation.
1.3 Abide by all laws & regulations applicable to its use of the Service, including full compliance with all aspects of the Data Protection Act 1998. 
1.4 Not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means. You will not attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services. You will not access all or any part of the Services in order to build a product or service which competes with the Site or the Services nor will you use the Services to provide any services to third parties. Use of any automated system or software to extract data from the Site or the Services ("screen scraping") is expressly prohibited.

2. The Service made available to the User is a non-transferable license and is provided solely for the User’s own private use within the United Kingdom and the Republic of Ireland. The User may not sell, transfer sublicense, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any of the Service. The User may not include the Service in any product or service which the User sells.

3. During this Agreement the User agrees not to attempt to gain unauthorised access to the Service or modify the same.

4. The User shall only take such copies of the Service as are reasonably required for the use of the Service in accordance with this Agreement.

5. The User agrees to be responsible for maintaining the confidentiality of its username, password and account details.

6. The use of the Service provided under the terms of this Agreement is limited to one designated user. The use of the Service by more than one individual, either simultaneously or otherwise will require the provision of additional licenses.

7. The term 'unlimited' is defined as 'unlimited use by a human being performing manual queries or downloads. The site owner reserves the right to determine an 'appropriate use' on a case by case basis. The site owner’s decision is final if the site owner believes misuse of the system is taking place.

8. Warranties and Limitation of Liability

1. The Service is not intended to be used as the sole basis for any decision making by the User and is based upon data which is compiled by the site owner from a variety of third party sources, the accuracy of which it would not be possible for the site owner to guarantee.

2. Whilst the site owner aims always to maintain a quality, fully operative service, the Service and third party services are nonetheless provided on an "as is", as available basis without warranties of any kind, whether express or implied.

3. Specifically the site owner gives the User no warranty or assurance about the contents of the Service. Whilst the site owner does endeavour to maintain the accuracy and the quality of the Service, information contained may be incorrect or out of date. 

4. The site owner shall not be responsible or liable for any Damages due to: (a) statements, errors or omissions in the Site; (b) content infringing any third party’s rights; (c) viruses that may be transmitted to your computer; (d) linking to any other site or its nature or contents; or (e) any other matter regarding this Site and your use of it. Therefore any use of the Service is at the User’s own risk.

5. Subject to clause 8.7 the site owner disclaims all liability in contract, negligence, for breach of statutory duty, or under any indemnity or otherwise in connection with the Service and third party service and shall not be liable for any indirect, or consequential loss. the site owner shall not be liable for the following types of financial loss; loss of profits, loss of earnings, loss of business or goodwill in addition to the following types of anticipated or incidental losses; loss of anticipated savings, increase in bad debt and failure to reduce bad debt.

6. Where any matter gives rise to a valid claim against the site owner its liability shall be limited to a sum equal to the sum paid for the Service, if any, supplied under this Agreement in the year the claim arises.

7. Nothing in this clause 8 or any other provision of this Agreement shall seek to exclude or limit liability for infringement, death, or personal injury or for breach of its obligation under, if applicable, s12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982 or fraudulent misrepresentation.

8. Each party to this Agreement warrants that it has obtained and will continue to hold all necessary licenses, consents, permits and agreements required for it to comply with its obligations under this Agreement and for the grant of rights to the other party under this Agreement.

9. Termination

1. If the site owner believes the User has breached any provision of this Agreement or in the event of the User’s insolvency or bankruptcy the site owner may, with immediate effect and without notice, suspend access to the Service or terminate this Agreement.

2. Upon termination, the User must use best efforts to delete all and any part of the Service held by the User in any format and the User may not make any further use of the Service.

3. Upon termination clauses 4, 5, 6, 7, 8, 9, 10, and 13 shall continue with full force and effect.

4. The site owner may terminate or suspend the Service and the Site, or any portion thereof, at any time, immediately without notice.

10. Indemnity

1. The User agrees to indemnify, defend and hold the site owner, its parents, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by the site owner or its parents, subsidiaries, affiliates, officers or employees in connection with:
1.1 The User’s use of the Service in breach of this Agreement.
1.2 Any claims for infringement of intellectual property rights, libel, defamation relating to any materials the User sends to the Site;
1.3 Any activity relating to the User’s Internet Account, including negligent or wrongful conduct by the User or anyone using the Site through the User’s Internet Account;
1.4 The User’s breach of any provisions of these Terms;
1.5 Any other matter regarding this Site and the User’s use of it.

2. The User agrees to use best efforts to cooperate with the site owner in the defence of any such matter. the site owner reserves the right, at the User’s expense, to assume the exclusive defence and control of any matter subject to indemnification by the User.

11. Assignment

1. The site owner may assign both the benefit and burden of this Agreement.

12. Force Majeure

1. The site owner will not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency or circumstances beyond the reasonable control of the site owner, including without limitation Internet outages, communications outages, fire, flood war or act of God.

13. Confidentiality

1. The User undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, Users, clients or suppliers of the site owner except as permitted by clause 13.2.

2. The User may disclose the site owner’s confidential information:
2.1 To its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the User’s obligations under this agreement; and
2.2 As may be required by law, court order or any governmental or regulatory authority.
2.3 To perform its obligations under this Agreement.

14. Other Sites

1. This Site may contain links to other web sites that the site owner does not own or operate. The site owner does not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. The User should note when leaving this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked through an email).

15. Phishing and Hacking of Emails

1. Phishing is the means by which fraudsters access sensitive information, such as bank account details by pretending to be a known or trustworthy entity in an electronic communication i.e. email. There has been a significant rise in the number of ‘phishing’ expeditions by fraudsters over the past few years. This is a lucrative exercise for the fraudsters, which is borne out of the general ignorance of the risks and the general public’s rightful trust in service providers. Fraudsters are hacking into email accounts and intercepting emails between service providers and clients.

2. Any instructions that are given regarding any financial or bank account or payment details should be treated with the utmost caution.

3. If you receive an email that purports to be from the site owner asking you to transfer money into a new Bank Account, please contact us direct before taking any action and transferring any funds.

16. Miscellaneous

1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain enforceable.

2. The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third parties) Act 1999 shall not apply to this Agreement.

3. The terms of this Agreement and the provision of the Service and the relationship between the User and the site owner shall be governed by the laws of England and Wales. The User agrees irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales. The Service and Content in this Site is applicable only in the Jurisdiction. If you are located outside of this Country, you are solely responsible for compliance with any applicable local laws.

4. The failure of the site owner to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such a right. The Service is subject to availability.

5. Should any third party data become unavailable to the site owner, the site owner shall be entitled to, upon giving one month's prior notice to the User, obtain a similar service from another third party supplier.

17. Changes

1. Please note, we may change information on this Site and/or this Agreement, at any time without notice. You should regularly review these Terms for any changes. By continuing to use the Site, you agree to any changes, and by providing continued access to the Site we are providing you consideration for agreement to such changes.

18. Contact Us

1. If you have any questions or comments regarding this Site, please contact us at the above “Contact” address, telephone number or e-mail.