MedCircuit Usage Policy
MedCircuit Terms & Conditions
Welcome to MedCircuit. You are attempting to (a) download or install (or have already done so) a mobile software application (the "App") and/or (b) access the website provided by MedCircuit. Together, the App and the Site are referred to below as the "Applications."
THE INFORMATION SUBMITTED THROUGH THE APPLICATION BY YOURSELF WILL BE STORED BY MEDCIRCUIT FOR UP TO 24 HOURS BEFORE ANY PERSONAL IDENTIFYING INFORMATION WILL BE REMOVED FROM MEDCIRCUIT SERVERS. MEDCIRCUIT SERVERS ARE NOT PART OF THE N3 NETWORK AND CANNOT GUARANTEE TO HOLD THE INFORMATION WITH THE SAME LEVELS OF SECURITY AS N3 SERVERS.
We may modify these Terms at any time by posting the revised Terms on the App or the Site. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the Applications after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms shall not apply to any dispute between us arising prior to the date on which we post the revised Terms that contain such modifications.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify, suspend or discontinue the Applications; charge fees in connection with the use of the Applications; modify and/or waive any fees charged in connection with the Applications; and/or offer opportunities to some or all users of the Applications. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Applications, in whole or in part, or of any service, content, feature or product offered through the Applications.’
DISCLAIMER; NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR ADVICE
THE APPLICATIONS AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APPLICATIONS IS VOLUNTARY AND AT YOUR SOLE RISK.
THE QUESTIONS ASKED THROUGHOUT THIS APPLICATION ARE NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE. IT IS PROVIDED FOR DATA GATHERING AND INFORMATIONAL PURPOSES ONLY FOR WHICH YOUR DOCTOR OR THE HOSPITAL MIGHT USE FOR YOUR HEALTHCARE NEEDS AND REQUIREMENT. THE INFORMATION IN THIS APPLICATION IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF HEALTHCARE PROFESSIONALS. THE INFORMATION PROVIDED INTO THIS APPLICATION MIGHT BE USED BY MEDICAL PROFESSIONALS TO HELP ADD TO THE CURRENT TRIAGE SYSTEM AND IS NOT A FULL TRIAGE SYSTEM IN ITS OWN RIGHT AS THIS NEEDS A GLOBAL ASSESSMENT SUCH AS VITAL SIGNS AND A PHYSICAL EXAMINATION. THIS INFORMATION WILL BE A PART OF THE TRIAGE PROCESS AND IS INTENDED TO INCREASE THE ACCURACY, EFFICIENCY & EFFECTIVENESS OF THE TRIAGE PROCESS.
YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION THAT YOU PROVIDE TO THIS APPLICATION. THE INFORMATION YOU PROVIDE MIGHT BE USED BY MEDICAL PROFESSIONALS IN MEDICAL ASSESSMENTS OF YOUR SYMPTOMS, WHICH MIGHT CONTRIBUTE TO YOUR CARE. WHILST IT WILL NOT BE SOLELY RELIED UPON, IT IS IMPORTANT THAT YOU INPUT INFORMATION TO THE HIGHEST LEVEL OF ACCURACY POSSIBLE. YOU ARE ALSO SOLELY RESPONSIBLE FOR YOUR DECISION TO USE THE SERVICES OF ANY PARTICULAR THIRD-PARTY PROVIDER.
OWNERSHIP OF THE APPLICATIONS
The Applications (including any content made available through the Applications) are the property of Medcircuit (or its licensors) and are protected by applicable intellectual property laws. The App is licensed, not sold, to you. You may utilize the Applications only as permitted by these Terms. You may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Applications; (2) use or merge the Applications, or any component or element thereof, with other software, databases or services not provided by Medcircuit; (3) sublicense, distribute, sell or otherwise transfer the Applications to any third party; (4) use the App as a service bureau, or lease, rent or loan the App to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications; (6) interfere in any manner with the operation of the Applications; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications; (8) create a database by systematically downloading and storing the Applications; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the Applications or reproduce or circumvent the navigational structure or presentation of the Applications without our express prior written consent; or (10) use the Applications for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications.
Any logo, trademark, service mark, domain name, or trade name appearing on the Applications, including "MedCircuit" ("Marks"), whether registered or not, are the property of MedCircuit or their respective owners. You may not use any Marks without the express written permission of MedCircuit.
INFORMATION THAT YOU SUBMIT
As such, you hereby grant to MedCircuit and its service providers and designees a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation to edit, modify, translate and reformat), create derivative works of, transmit, publicly display and publicly perform tasks with the information provide to us through this app.
For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Applications, comply with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the services available through the Applications.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor Submissions; (ii) disclose any Submission, and the circumstances surrounding its transmission, to any third party in order to operate the Applications; to protect MedCircuit and its respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the Applications' users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
USER NAMES, PASSWORDS AND SECURITY
You will be required to register with MedCircuit to access certain services or areas of the Applications. Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Applications, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Applications, to any third party. You are fully responsible for all interaction with the Applications that occurs in connection with your password or user name. You agree to immediately notify MedCircuit of any unauthorized use of your password or user name or any other breach of security related to your account or the Applications, and to ensure that you "log off"/exit from your account with the Applications (if applicable) at the end of each session.
MedCircuit may suspend or terminate your use of or access to the Applications (including any Healthplan Services made available through the Applications) if you fail to comply with the Terms. Such suspension or termination may result in the permanent deletion of your information or other previously available content.
You acknowledge and agree that you (and not MedCircuit) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Applications, and for paying all charges related thereto. MedCircuit does not operate or control the Internet or your mobile connection, and therefore MedCircuit does not and cannot guarantee that the Applications will be error or virus free, invulnerable to hackers or other unauthorized users, or always available.
To the fullest extent permitted under law, you will defend, indemnify and hold harmless MedCircuit and its affiliates, and their officers, directors, employees, agents and licensors from and against all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) arising out of or related to your use of the Applications or any violation of these Terms by you.
LIMITATION OF LIABILITY
MEDCIRCUIT AND ITS AFFILIATES MAY NOT BE HELD LIABLE UNDER ANY PROVISION OF THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY OTHER DAMAGES EVEN IF MedCircuit KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THAT THEY ARE LAWFUL IN YOUR JURISDICTION.
MEDCIRCUIT MAY NOT BE HELD LIABLE FOR MORE THAN 100 GBP. UNDER ANY PROVISION OF THIS AGREEMENT.
THIRD-PARTY INFORMATION AND LINKS TO THIRD-PARTY WEBSITES (INCLUDING THIRD-PARTY PROVIDER)
The Applications may contain information concerning Third-Party Providers, Payors and other third parties (sometimes referred to as "partners or advertisers") who may offer third-party products or services compatible with the Applications. The Applications may also provide links to third-party websites (including websites of Third-Party Providers or Payors) as a paid service to Third-Party Providers or Payors. Such information and links are provided for your convenience. MedCircuit AND ITS AFFILIATES DO NOT MONITOR, CONTROL OR ENDORSE, AND ARE NOT RESPONSIBLE OR LIABLE FOR, SUCH THIRD-PARTY PRODUCTS, SERVICES OR WEBSITES OR THE CONTENT CONTAINED THEREIN.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of the Applications, whether between you, MedCircuit, its affiliates or any Third-Party Provider or Payor.
You agree that these Terms shall be construed in accordance with the laws of the UK without regard to its conflict of laws provisions.. Any cause of action or claim you may have with respect to the Applications must be commenced within one (1) month after the cause of action or claim arises. MedCircuit's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and MedCircuit nor any trade practices shall act to modify the Terms. MedCircuit may assign its rights and duties here-under to any third party at any time without consent or notice to you.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire Agreement between you and MedCircuit relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and MedCircuit relating to such subject matter.
APPLE-SPECIFIC TERMS AND CONDITIONS
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of the version of the App that is compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including, without limitation, any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to MedCircuit. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App StoreSM Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, MedCircuit's right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.