Terms of Service
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY USING THIS APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE APP.
YOU MUST BE 16 OR OVER TO USE THE APP OR SERVICE.
These terms may have changed since you last used the Services, so check all updates before using Service.
Who we are and what this Agreement does
We, (company no 08460434) of the address stated on our Contact Page, license you to use:
- MEDIBUZZ V1.0 mobile application software and any updates or supplements to it that we provide to you (App);
- the related online FAQ documentation (Documentation);
- the messaging service you connect to via the App and the content we provide to you through it (Services);
as permitted in these terms. These terms and the items referred to in them contain the entire agreement between you and us.
YOU CANNOT CONTACT EMERGENCY SERVICES BY USING OUR APP – if you need emergency services or to contact emergency service providers then you need to make contact another way like by mobile or fixed line or SMS services. These are not part of what we provide.
Our Services only work if connected to the Internet. You have to make your own arrangements to connect to and use the Internet and pay your service provider for those services.
Acceptable use restrictions
- be respectful of others and their rights – be careful what you send – comply with the law and your workplace rules;
- comply with any communications and social media policy applicable to any professional organisation of which you are a member or with which you are obliged to comply because of your work;
- comply with any restrictions on your use of devices, the App and/or Services due to your work;
- have the consent of the owner of the device and its mobile number and of your parent or guardian to use the App or Services if you are not 16 or more years old;
- only access and use our Services and App for lawful and acceptable purposes, and not infringe other’s rights, not use, send or publish any material that is, or may in our opinion may be, obscene, vulgar, indecent, defamatory, libellous, abusive, harmful, offensive, threatening, intimidating, hateful, harassing or encourage conduct that would be in breach of these terms, or involve misrepresentations, misleading statements or lies;
- not use the App or any Services in any unlawful manner, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Services, message or operating system;
- not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with or harm other users;
- not use the App or the Services for any commercial, business or non-personal purpose or advantage;
- not advertise or offer to sell any goods or services or conduct or forward surveys, consents, chain letters, pyramid schemes or be part of any spamming operation;
- keep your device and your account with us safe and secure and notify us promptly if you believe that it may have been compromised as you may be liable to us and / or other users for the consequences of a breach in security;
- not impersonate anyone else;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not download any file posted by another user that you know, or ought reasonably to know, cannot be legally distributed in that way; and
- not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OURSELVES, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING BUT NOT LIMITED TO LEGAL FEES) ARISING FROM YOUR USE OF THE APP AND SERVICES, THE MESSAGES THAT YOU SEND OR ANYONE SENDS ON YOUR BEHALF, YOUR BREACH OF THESE TERMS, FOR YOUR INFRINGEMENT OR INFRINGEMENT BY ANY OTHER USER OF YOUR MEDIBUZZ ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
You agree that you will:
- only use accurate data to register with us and use your current mobile phone number. If you change your number you need to update your account with us and follow our procedure if you want continuity of your account;
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our or any other licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Services; and
- ensure that you are authorised to provide us with access on a continuing basis with your mobile phone contacts address book and the mobile numbers stored in it, as well as other device, software and data connections needed by the App and the Services.
How you may use the App and Services
In return for your agreeing to comply with these terms you may:
- download or stream a copy of the App onto your personal devices and those that you are allowed to make personal use of;
- view, use and display the App and the Services on such devices for your personal purposes only and only in accordance with these terms;
- use any Documentation to support your permitted use of the App and the Services;
- provided you comply with these terms, make up to 2 copies of the App for back-up purposes; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
You are solely responsible for what you say and do and which device you wish to use. We do not monitor or moderate messages but if we receive a complaint we may block anyone temporarily or indefinitely during investigation by us and any relevant authorities. WE ARE NOT RESPONSIBLE FOR WHAT ANYONE SAYS OR COMMUNICATES ABOUT YOU OR ANYONE ELSE NOR ARE WE RESPONSIBLE FOR HOW YOUR DEVICE WORKS OR WHETHER IT WORKS PROPERLY AND WHETHER IT CAUSES YOU ANY HARM (EXCEPT AS EXPRESSLY STATED BELOW FOR DEATH AND PERSONAL INJURY).
YOU ACCEPT THAT WE PROVIDE OUR APP, SERVICES, DOCUMENTATION AND RELATED WEBSITE FACILITIES ON AN “AS IS” BASIS WITHOUT CHARGING YOU. IN VIEW OF THAT, SO FAR AS THE LAW ALLOWS, WE DISCLAIM ALL LIABILITY FOR NEGLIGENCE (EXCEPT AS EXPRESSLY STATED BELOW FOR DEATH AND PERSONAL INJURY), WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ALL REPRESENTATIONS OTHER THAN FRAUDULENT MISREPRESENTATIONS OR EXPRESS PROVISIONS WITHIN THE TERMS.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We do no warrant that the other users are qualified in any way or have the job title or work location or identity that might be indicated by them. We do not verify or keep that data up to date as it is user defined. We will not be deemed to have endorsed any material contained in messages or in-App notifications made by anyone except actually created by and sent from us. Although we agree to use our reasonable commercial endeavours to provide the Services, we do not guarantee to provide them 100% of the time or for any particular length of time.
Please back-up content and data used with the App. We recommend that you copy any important content and data used in connection with the App, to protect yourself in case of problems with your device, mobile number, the App or the Services.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App Site and on our website www.medibuzz.com) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will try to contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. We will not be liable for delays caused by the event but if there is a risk of substantial delay you may stop using the Services.
Damage to your property. Without limiting any other provisions of these terms, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We may end or suspend your rights to use the App and the Services if you break these terms or the Services for your version of the App terminate
We may end or suspend your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If we consider that what you have done can be put right, we will give you a reasonable opportunity to do so. Where we have received a complaint or legal notice of requirement to act then we will investigate and take such action as we consider appropriate and legal in the circumstances and/or refer the matter to the appropriate authorities with or without your notice or consent.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services;
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
If we stop providing the App and /or the Services or the particular version of these that you use then we will give you reasonable notice of the cessation and where relevant offer you a new version on updated terms.
NOTHING IN THESE TERMS AFFECTS THE MINIMUM RIGHTS THAT YOU HAVE AS A CONSUMER.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
We are not responsible for other websites you link to
The App, Services or any in-App or other messages may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You may not transfer the App or your rights to someone else
We are giving you personally the right to use the App and the Services as set out in these terms. You may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell or dispose of any device on which the App is installed, you must remove the App from it.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
Changes to these terms
We may need to change these terms to reflect changes in law, best practice or to deal with developments to features or infrastructure which we introduce.
We will give you notice of any significant change by sending you an in-App notification or notify you of a change when you next start the App. You may need to accept revised terms when accepting an update.
If you do not accept the notified changes you may not be permitted to continue to use the App and the Services with the existing version and you will not be able to upgrade to the next version of the App.
The latest version of the terms will be available on our website www.medibuzz.com and no variation of those will apply unless so publicised or as specifically agreed in writing by one of our directors.
Updates to the App and changes to the Services
We cannot promise that the version of the App that you are using will always be available. From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating infrastructure or address security and other issues. If the changes are significant then we would ask you to update the App for these reasons.
If you choose not to install such updates you might not be able to continue using the App and the Services but in that case we will let you know if the current version will expire.
The ways in which you can use the App and Documentation may also be subject to the terms and conditions of the App Site where you downloaded or streamed the App from. Where our and their terms conflict theirs will take precedence.
Additional terms and privacy policies of your employer may apply to communications that your employer and its group may enter into with you through in-App notifications that you respond to.
Operating system requirements
The App is designed for mobile device with a minimum memory and the operating system version that may change with future updates. The current minimum as at the version date of these terms is for iOS applications iOS8/ iOS9 and for Android – 4.1.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or the Services or have any problems using them please take a look at our support resource FAQs at www.medibuzz.com.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please contact our customer service team using the details on our contact page.
How we will communicate with you. If we have to contact you we will do so by in-App notification or such other method using the contact details you have provided to us.
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
No rights for third parties
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
We may transfer this Agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you by in-App notification or otherwise in writing if this happens and your rights under this contract and licence will be unaffected.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Alternative dispute resolution
If you are not happy with how we have handled any complaint, you may want to submit for online resolution to the European Commission Online Dispute Resolution platform –see https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
Website Terms and Conditions
Please read these terms and conditions. These terms and conditions apply to the medibuzz.com websites. These terms and conditions do not apply to any third party sites we link to.
You are advised to check the terms and conditions of each individual website you visit.
These Conditions may have changed since You last visited the site, but apply each time You want to post Material use the site.
This site has been designed to be directed at, and accessible by, consumers on the UK mainland only.
In these Conditions the above and following definitions apply:
means of the address referred to in Our Contact Section of this site and “Our” shall be interpreted accordingly.
means the person using the site and “Your” shall be interpreted accordingly
means any day other than Saturday, Sunday or a Public Holiday in England.
means all information, data, text, music, sound, photographs, graphics, video, messages and other material.
includes e-mail, cable, facsimile transmission and comparable means of communication.
- YOUR OBLIGATIONS
In these Conditions the above and following definitions apply:
2.1 You undertake to ensure that You do not send material in breach of the rights of others.
2.2.1 warrant that you are aged 16 or over;
2.2.2 agree to only transmit materials that are proper and relevant and not to use either to post or send any material that is unlawful, or gives rise to civil liability or without limitation is or may in Our opinion be harassing, defamatory, libellous, abusive, threatening, harmful, vulgar, obscene, indecent, knowingly inaccurate or misleading or which gives rise to such conduct;
2.2.3 AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OURSELVES, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING BUT NOT LIMITED TO LEGAL FEES) ARISING FROM YOUR USE OF OUR SITE YOUR BREACH OF THESE CONDITIONS , FOR YOUR INFRINGEMENT OR INFRINGEMENT BY ANY OTHER USER OF YOUR E-MAIL ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY;
2.2.4 understand and expressly agree that use of any links from Our site is at your sole risk, that any material and/or data downloaded or otherwise obtained through such use is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material;
2.2.5 agree not to upload, post or email any content to either Our site or any linked from it that contains computer viruses or code, files, or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; and
2.2.6 agree to only click through to links from Our site for genuine reasons connected with personal job searches and not malicious misuse of Our site.
2.3 If We receive a complaint about You then We shall be entitled but not obliged to temporarily block your usage pending clarification and possibly permanent exclusion without notice to You.
- OUR OBLIGATIONS
You accept that We provide Our site facilities on an “As Is” basis without Our making a charge. In view of that, so far as the law allows, we disclaim all liability for negligence (except for death and personal injury arising from Our negligence), warranties of any kind, express or implied, including without limitation any warranty of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement and all representations other than fraudulent misrepresentations or express provisions within the Conditions but make no warranty or representation regarding:
3.1.1 the results that may be obtained from use of any links or searches
3.1.2 the accuracy or reliability of any information obtained from Our site
3.1.3 any goods or services purchased or obtained through or as a result of contact through Our site;
3.1.4 transactions entered into through Our site; or that Our site will meet any user’s requirements, be uninterrupted, timely, completely secure or error free.
3.2We will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages of any kind resulting from the use of or the inability to use this site or software associated with Our site, resulting from any goods or services purchased or obtained or materials received or transactions entered into through Our site, resulting from loss of, unauthorised access to or alteration of a user’s transmissions or data, including but not limited to damages for loss of profits, use, data or other intangibles, even if We had been advised of the possibility of such loss.
4.1 The headings in these Conditions shall not affect the interpretation of the Conditions.
4.2 No variation or amendment of these Conditions or oral promise, advice, recommendation or commitment related to it shall be valid unless confirmed in Writing by Us or uploaded and displayed by and for Us on this site.
4.3 No waiver by Us of any breach of the Conditions by You should be considered as a waiver of any subsequent breach of the same or any other provision.
4.4 If any provision of the Conditions is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the rest of them and all other provisions of such shall not be affected.
4.5 We retain all rights to material displayed on Our site except third party trademarks and site extracts or other items expressly mentioned.
- LAW AND JURISDICTION
5.1 The Conditions shall be governed by English law.
5.2 You hereby consent to the jurisdiction of the English Courts in all matters regarding it.
5.3 A person who is not a party to this arrangement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any as part of this arrangement.
5.4 Notices under these Conditions shall be given in Writing as if the Distance Selling Regulations applied (even if You are not a consumer).