We understand the importance of keeping any information that you give us secure and being transparent at all times about the way we use any such information.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us when you use our services. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
What data we collect from you will depend on what use you make of our services.
The following definitions will be used throughout this document.
“Appointment” means a Clinic Visit or Home Visit.
“Appointment Fees” means the fee payable by you for Medical Services.
“Clinic Visit” means an appointment with a Doctap GP at a Doctap Clinic for the purpose of providing a non-emergency medical consultation;
“Doctap” means the online platform and any associated applications provided by us to you under the trading name, ‘Doctap’.
“Doctap GPs” means a GP registered with Doctap.
“GP” means means a general practitioner.
“Home-visits” means a visit by a Doctap GP to your Residence for the purpose of providing a non- emergency medical consultation.
“Medical Services” means the medical services provided to a Patient by a Doctap GP during an Appointment.
“Patient” means the person designated as such in your Request, who requires a consultation with a Doctap GP.
“Request” means a request by you for an Appointment.
“Residence” means the location selected by you for a Home Visit to take place.
“User” means a person who has signed up to Doctap to receive Home-visits.
“User Account” means the account set up by a User in order to use Doctap.
A reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. References to “including” and “include(s)” shall be deemed to mean respectively, “including without limitation” and “include(s) without limitation".
INFORMATION THAT MAY BE COLLECTED ABOUT YOU WHEN YOU USE DOCTAP
We may collect and process the following data about you, some of which will include “personal data” and/or “sensitive personal data” as defined by the Data Protection Act 1998 as amended(the “Act”):
information you provide us when you set up a User Account, including your name and contact details and the name and contact details of any Patient (if you are not the Patient), we may also ask you for details about the Patient’s usual GP (any such details, “User Details”);
information you provide us when you submit a Request, including your name, information relating to where the Home-visit should take place, your availability to receive a GP, the symptoms of the Patient and your financial details (any such details, “Request Details”);
information provided to a GP during a Home-visit, including details of the Patient’s medical history and current medical condition (any such details, “Medical Details”);
details of the transactions you carry out on Doctap, including the amount paid by you in GP Fees;
details of your use of Doctap (including, but not limited to traffic data, location data, weblogs and other communication data) and the resources that you access; and
any other information you may provide from time to time in relation to any customer surveys we may ask you to carry out.
USES WE MAY MAKE OF YOUR INFORMATION
We use information held about you in the following ways:
to carry out our obligations (in accordance with our Terms) arising from your use of Doctap;
for the purposes of resolving any disputes which may arise in respect of the provision of Doctap;
to ensure that content from Doctap is presented in the most effective manner for you and for your hardware;
to notify you about changes to Doctap; and
to provide you with information about our products or services which we feel may interest you. Where we do send you any marketing or promotional literature, we will always give you the chance to unsubscribe to this feature from then on.
DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES
INFORMATION DISCLOSED TO GPs
If you submit a Request, we may disclose your Request Details to Doctap GPs.
Doctap GPs will only be authorised by us to use your Request Details for the following purposes:
to provide you with an Appointment (which may include recording and saving attendance notes “Attendance Notes”);
for the purpose of resolving any dispute between you and them in relation to any Appointment; and
as required by law and/or other relevant regulations.
Details of the Attendance Note may be stored on Doctap, and may be made available to any Doctap GP allocated to your Request.
INFORMATION DISCLOSED TO OTHER PARTIES
We may disclose your personal information to third parties for the following purposes:
in the event that we sell or buy any business or assets, in which case we may disclose your details to the prospective seller or buyer of such business or assets, solely for the purpose of the sale or purchase. We will never sell your personal data as a sole asset;
if we or substantially all of our assets are acquired by a third party, in which case, personal data held by us about you may be one of the transferred assets;
WHERE WE STORE YOUR PERSONAL DATA
The data that we collect from you (or which is stored on Doctap) may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA, who work for us or for one of our suppliers.
You should not use Doctap if you do not consent to your data being stored outside the EEA. By using Doctap you are agreeing that you have understood and consented to our transferral and storage of your data. If you wish to withdraw your consent please notify us by emailing us at firstname.lastname@example.org.
We will take precautions, including administrative, technical and physical measures to safeguard your personal information against loss, theft, misuse, as well as unauthorised access, disclosure, alteration or destruction. However, the transmission of information via the internet is not completely secure; any transmission is at your own risk.
You can help us by also taking precautions to protect your personal data when you are on the internet. For instance:
We would advise you not to include sensitive personal information in any emails you may send to us.
Please do not send credit card numbers or any sensitive personal information to us via email.
You have the right to ask us not to process your personal data for marketing purposes. If you wish to withdraw your consent, please notify us by emailing us at email@example.com.
You have the right to access information which we hold about you. Your right of access can be exercised in accordance with the Act, and you can contact us at our registered address as given above. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.
You also have the right to ensure that we hold correct and up to date information. If you believe that any information we hold about is incorrect or out of date, please contact us at our registered address. We may need to ask you for further information and identification to help us to comply with this request.
Finally, Doctap may from time to time contain links to and from the websites of our partner networks, advertisers and affiliates, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
IP ADDRESSES AND COOKIES
We may collect information about your hardware, including, where available, your IP address, operating system and browser type, for system administration and to report aggregate information to any businesses providing content on Doctap. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
For the same reason, when you access Doctap, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your hardware.
WHAT IS A COOKIE?
A cookie is a small text file containing anonymous information (letters and numbers) which acts as an identifier that will be sent by our server to your computer or mobile device when you visit Doctap.
By allowing us to identify you, your user experience will be improved. For instance, Doctap will be able to remember your preferred settings, user name and preferences, saving you time each time you log in.
TYPES OF COOKIE
In our provision of services to you, we use both ‘essential’ and ‘non-essential’ cookies.
Some cookies are required to perform essential functions on Doctap. We use essential cookies for the purposes such as:
to enable you to access private information for the duration of your visit;
for the administration of our services; and
to improve those services provided by us to you.
The table below explains the non-essential cookies we use and why
|Owner Cookie||Cookie Name||Cookie Description|
|Google Analytics||_utma||This keeps track of the number of times a visitor has been to the site, when their first visit was, and when their last visit occurred.|
|Google Analytics||_utmt||This is used to trottle the request rate.|
|Google Analytics||_utmb||This creates a timestamp of the exact moment when a visitor enters site.|
|Google Analytics||_utmc||This creates a timestamp of the exact moment when a visitor leaves the site.|
|Google Analytics||_utmv||This is used for reporting in Google Analytics classifying the visitor.|
|Google Analytics||_utmz||This is set by Google Maps when you load a map of our location.|
|AddThis||Loc,uid/uit, psc,di/dt, atuc/bt/ssc/ssh/sshs/xtc||This allows users to share content via Social Networking and websites and emails.|
By using Doctap, you are consenting to our use of these non-essential cookies. If you do not consent to our using non-essential cookies you may opt to block the cookies by using the appropriate setting on your browser. For more information on how to disable cookies please see: www.allaboutcookies.org.
Please note that blocking cookies could affect some of the services provided on our Site.
The following terms govern how you can use Doctap, so we would ask you to read them carefully. If you have any questions relating to the terms, you can contact us at firstname.lastname@example.org.
THE TERMS AND INTERPRETATION
The following words will have the following definitions in these Terms:
"Appointment" means a Clinic Visit or Home Visit;
"Appointment Fee" means the fee payable by you for the Medical Services;
"Clinic Visit" means an appointment with a Doctap GP at a Doctap Clinic for the purpose of providing a non-emergency medical consultation;
"Doctap Clinic" means the premises selected by you in a Request for a Clinic Visit;
"Doctap GPs" mean general practitioners registered with Doctap;
"Doctap Services" means the provision of the Doctap software to you;
"Home Visit" means a visit by a Doctap GP to your Residence for the purpose of providing a non- emergency medical consultation;
"Medical Services" means the medical services provided to the Patient by a Doctap GP during an Appointment;
"Patient" means the person designated as such in your Request, who requires a consultation with a Doctap GP;
"Request" means a request by you for an Appointment;
"Residence" means the location selected by you for a Home Visit to take place; and
"Services" means the Doctap Services and any Medical Services you receive (or a Patient receives).
References to clauses (unless otherwise provided) are references of the clauses of these Terms. Words in the singular include the plural and in the plural include the singular. A reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. References to “including” and “include(s)” shall be deemed to mean respectively, “including without limitation” and “include(s) without limitation”.
ACCEPTING THE TERMS
In order to make use of Doctap, you must first agree to these Terms. You may not use Doctap if you do not accept these Terms. You may agree to these Terms either:
by using or accessing Doctap; or
by agreeing to these Terms where the option is made available to you.
You agree that we may modify these Terms from time to time without notice. We recommend that you review these Terms on a regular basis. You understand and agree that any use by you of Doctap following changes having been posted by us, will be deemed acceptance of such changes.
To be eligible to use Doctap you must be 16 years of age or older. You must not use Doctap if you are younger than 16 years old.
DOCTAP IS AN ONLINE PLATFORM THAT ENABLES YOU TO REQUEST AN APPOINTMENT WITH A DOCTAP GP. DOCTAP GPS WORK ON A FREE-LANCE BASIS. THEY ARE NOT EMPLOYED BY US. WHILE WE ALWAYS CARRY OUT CHECKS TO ENSURE THAT DOCTAP GPS ARE QUALIFIED TO PRACTICE AS GPS IN THE UK, ANY MEDICAL SERVICES THAT A PATIENT RECEIVES FROM A DOCTAP GP ARE THE SOLE RESPONSIBILITY OF THE DOCTAP GP. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER, WHETHER DIRECT OR INDIRECT FOR THE ACTS OR OMISSIONS OF (INCLUDING ANY PRESCRIPTIONS WHICH MAY BE PROVIDED TO A PATIENT BY) ANY DOCTAP GP, NOR DO WE MAKE ANY REPRESENTATIONS OR ENDORSEMENTS CONCERNING THE QUALITY OF THE DOCTAP GP’S WORK OR THE ACCURACY OR VALUE OF THE DOCTAP GP’S ADVICE; AND
WE CANNOT GUARANTEE THAT A DOCTAP GP WILL BE AVAILABLE FOR AN APPOINTMENT. IF THE PATIENT REQUIRES URGENT MEDICAL ASSISTANCE, YOU MUST CALL THE EMERGENCY SERVICES IMMEDIATELY. WE CANNOT ACCEPT ANY LIABILITY FOR ANY DAMAGE SUFFERED BY YOU OR A PATIENT AS A RESULT OF AN APPOINTMENT BEING DELAYED OR NOT TAKING PLACE AT ALL.
USE OF DOCTAP BY YOU
In consideration for you agreeing to fully comply with and be bound by these Terms, we grant you a non-exclusive, non-assignable, non-transferable, non-sub-licensable licence to use Doctap solely and strictly for your own personal (save as provided at clause 4.2 below), non-commercial use for the sole purpose of submitting a Request for an Appointment.
If the Patient is not you, you may only submit a Request on Doctap for that Patient, if:
the Patient is under the age of 16 years old;
you are the parent or guardian of that Patient;
the option to do so has been made available to you on Doctap;
you have notified us that you are not the Patient; and
the Patient has been registered with Doctap in accordance with clause 5.
You agree not to access (or attempt to access) any part of Doctap by any means other than through the interface provided by us. You specifically agree not to access (or attempt to access) any part of Doctap through any automated means, including use of scripts, robots, spiders, scrapers or web crawlers. You agree that you will not (a) take any action that imposes, or may impose (in each case in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) (save to the extent permitted by governing law) copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display any part of Doctap without prior written consent from us; (c) interfere or attempt to interfere with the proper working of Doctap or any activities conducted via Doctap; (d) bypass any measures we may use to prevent or restrict access to Doctap; and (e) attempt to reverse engineer, decompile or otherwise seek to obtain access to any source code in Doctap.
You agree that you will not engage in any activity that interferes with or disrupts Doctap or the servers and networks that are connected to Doctap.
In order to use Doctap, you will be required to set up an account (“User Account”). To do this, you will need to provide us with information relating to you, including your name and contact details and you may also wish to provide us with contact details of your usual GP (any such details provided by you to us, “User Details”).
If (in accordance with clause 4.2) you want to make a Request for a person on your User Account other than yourself, you will also need to register that individual with Doctap. Any information that you provide to us in respect of any such individual shall be deemed to be included in the definition of User Details for the purposes of these Terms.
represent and warrant to us that:
any and all User Details provided by you are true, accurate and complete; and
you have all the necessary consents and/or authority to provide us with the User Details;
undertake to notify us promptly of any changes to any User Details; and
agree not to impersonate any other person or entity or use a false name.
You agree and understand that you are responsible for maintaining the confidentiality of any passwords associated with your User Account. Accordingly, you agree that you are solely responsible to us for all activities that occur under your User Account, as determined, noted, or recorded by us. Such determination, notation and record shall be at our sole discretion, and shall serve as conclusive proof of the facts stated therein to which they attest.
You grant us the right to access your User Account for the purposes of provided Doctap, monitoring, improvement or upgrade.
If you become aware of any unauthorised use of your password or your User Account, you agree to notify us immediately at: email@example.com.
In order to use Doctap, you may be required to disclose to us personal data (which term shall include sensitive personal data) relating to data subjects (personal data and data subjects each as defined in the Data Protection Act 1998). In the event that you do so disclose such personal data to us:
in relation to any personal data relating to someone else, you warrant and represent to us that you have secured all consents and permissions, and have taken all actions necessary, as may be required by applicable law for the purposes of storage by us of any such data relating to third parties in the provision of Doctap; and
in relation to any personal data relating to you, you consent to the use of such personal data;
TO THE FULLEST EXTENT PERMITTED BY LAW, WE HAVE NO LIABILITY TO YOU IN RESPECT OF ANY DAMAGES, LOSSES OR EXPENSES INCURRED BY YOU AS A RESULT OF ANY GP’S USE OF YOUR DATA; AND
ANY DATA DISCLOSED TO A GP DURING A HOME--VISIT IS DISCLOSED AT YOUR OWN RISK.
You will only be able to submit a Request for an Appointment if you have set up a User Account. To place the Request, you will need to provide us with the information that we request (any such information, “Request Details”), which may include the following:
details of the card that you will use to pay for the Medical Services, (“Card Details”);
the symptoms of the Patient;
for Clinic Visits, you will need to select the time and date when you would like the Appointment to take place (such details, the “Appointment Date”), as well as the Doctap Clinic you would like to attend; and
for Home Visits, you will need to provide us with details of your Residence and your availability to receive a Doctap GP (“Time Window”).
You represent and warrant to us that:
any and all Request Details provided by you are true, accurate and complete;
you have all the necessary consents and/or authority to provide us with the Request Details;
Once you have submitted a Request, you will not be entitled to change any of the Request Details.
In relation to any Appointment,
to be available (with the Patient if you are not the Patient) for the Appointment, either by being present at the Doctap Clinic on the Appointment Date, or by providing the Doctap GP with access to your Residence and the Patient within the Time Window;
if the Request has been made in respect of a child, to be present at all times with the child throughout the Appointment; and
if the Request is for a Home Visit, to provide the Doctap GP with a safe working environment;
you shall not (and procure that no other person present with you at the Appointment shall):
use any abusive language to any Doctap GP;
act (or allow any person present with you, including the Patient to act) in any manner which is or which could reasonably be considered to be, intimidating or aggressive; and/or
request the Doctap GP to provide any services instead of those set out the Request.
You acknowledge and agree that if you are in breach of clause 7.4 above, a Doctap GP will be entitled to refuse to provide you with the Appointment and neither we nor the Doctap GP will have any liability to you in respect of withholding any services and the cancellation clauses set out in clause 8 below shall apply as though you had cancelled the Appointment immediately prior to it taking place.
You acknowledge that, as part of the Appointment, the Doctap GP may take a note, recording the symptoms and any advice given. Such records may be processed by us on behalf of the Doctap GP and, with your consent, transferred to the Patient’s usual doctor.
THE PURPOSE OF DOCTAP IS TO ENABLE YOU TO REQUEST APPOINTMENTS WITHIN A SHORT TIMEFRAME. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY RIGHTS TO CANCELLATION OF YOUR REQUEST OTHER THAN AS SET OUT IN THESE TERMS.
WHERE YOUR REQUEST IS FOR A HOME VISIT:
IF YOUR REQUEST IS CANCELLED 2 HOURS OR LESS BEFORE THE TIME WINDOW SPECIFIED IN YOUR REQUEST, YOU WILL NOT BE ENTITLED TO ANY REFUND
IF YOUR REQUEST IS CANCELLED 6 HOURS OR LESS BUT MORE THAN 2 HOURS BEFORE THE TIME WINDOW SPECIFIED IN YOUR REQUEST, YOU WILL BE ENTITLED TO A REFUND OF 50% of the APPOINTMENT FEE
IF YOUR REQUEST IS CANCELLED MORE THAN 6 HOURS BEFORE THE TIME WINDOW SPECIFIED IN YOUR REQUEST, YOU WILL BE ENTITLED TO A REFUND OF 100% OF THE APPOINTMENT FEE.
In relation to any Appointment for a Home Visit which has been confirmed in writing by us:
if for any reason whatsoever we have to cancel your Appointment you will receive a full refund of the Appointment Fee;
if a Doctap GP does not attend your Residence within the Time Window, you shall be entitled to cancel the Appointment and receive a full refund of the Appointment Fee, provided that, if the Doctap GP arrives after the expiry of the Time Window and you allow the Doctap GP to conduct the Appointment, you shall not be entitled to any refund of the Appointment Fee.
You acknowledge and agree that this clause 8.3 shall be your sole remedy in relation to any cancelled or delayed Appointment for a Home Visit.
WHERE YOUR REQUEST IS FOR A CLINIC VISIT:
IF YOUR REQUEST IS CANCELLED 2 HOURS OR LESS BEFORE THE APPOINTMENT, YOU WILL NOT BE ENTITLED TO ANY REFUND;
IF YOUR REQUEST IS CANCELLED 24 HOURS OR LESS BUT MORE THAN 2 HOURS BEFORE THE APPOINTMENT, YOU WILL BE ENTITLED TO A REFUND OF £10;
IF YOUR REQUEST IS CANCELLED MORE THAN 24 HOURS BEFORE THE APPOINTEMENT, YOU WILL BE ENTITLED TO A REFUND OF £20.
In relation to any Appointment for a Clinic Visit which has been confirmed in writing by us:
if for any reason whatsoever we have to cancel your Appointment, you will receive a full refund of the Appointment Fee;
if you are required to wait more than 30 minutes after the confirmed time for your Appointment, you will be entitled to cancel your Appointment and receive a full refund of your Appointment Fee upon cancellation, or attend your Appointment and receive a full refund after the Appointment;
if you are required to wait more than 15 minutes but no more than 30 minutes, you will have the right to cancel your Appointment and receive a full refund of your Appointment Fee on cancellation, or attend your Appointment and receive a refund of 50% of the Appointment Fee after the Appointment.
You acknowledge and agree that this clause 8.5 shall be your sole remedy in relation to any cancelled or delayed Appointment for a Clinic Visit.
When you place a Request, you will be notified of the Appointment Fee and the maximum length of the Appointment to which you are entitled. The Appointment Fee will be payable when you submit your Request. The Appointment Fee may change from time to time, so you should always check the Appointment Fee carefully before submitting a Request.
We use a third-party payment processor to take payments from you for the Fees (“Payment Services””). The processing of any such payments will be subject to that third-party’s terms of service and privacy policies. We cannot accept any liability for any damages (whether direct or indirect) caused as a result of the provision of the Payment Services.
THIRD PARTY CONTENT
Content from third parties may from time to time be displayed on Doctap, including advertisements and links to third party Websites (any such content, “Third Party Content”). To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, special, incidental loss or damage which may arise in respect of your use of or reliance upon any Third Party Content.
We do not endorse any Third Party Content, nor do we have a duty to moderate any Third Party Content. Any use of or reliance upon such Third Party Content is at your sole risk. You expressly understand and agree that we do not make any express or implied representations or warranties to you in relation to any such Third Party Content, including fitness for purpose, infringement or merchantability.
You acknowledge that we own or licence all legal rights, title and interest in and to Doctap, including any intellectual property rights which subsist in Doctap (whether those rights happen to be registered or not, and wherever in the world those right may exist) and that all intellectual property rights in the Services (including source code in the Software) belong to and shall remain vested in us (or where relevant our licensors). Nothing in these Terms shall confer on you any right, title or interest in any intellectual property rights (except the rights of use set out in these Terms).
You agree not to use any of the trademarks, trade names, service marks, copyrights, logos, domain names, and/or other distinctive brand features belonging to us or any third party unless you have valid written permission to do so. You agree not to alter, remove or obscure any proprietary notices (including copyright and trademark notices) which may appear in or be held within Doctap.
In the event that your use of Doctap, if used in accordance with these Terms, infringes any intellectual property rights of a third party, we may, at our sole discretion and expense, replace or modify Doctap so that it is no longer infringing or obtain for you the right to continue using Doctap. This therefore constitutes your sole remedy in relation to any such infringement.
We may at any time disable your User Account, and/or terminate this Agreement, at our sole discretion, and with you with no liability to you, if:
you materially breach, or we have grounds to suspect that you have materially breached any provision of these Terms (or act in a manner which we believe shows that you do not intend to, or are unable to comply with these Terms). For the avoidance of doubt, any breach of clauses 7 and/or 9 shall be considered to be a material breach;
we are required to do so by law;
you become bankrupt or insolvent, or unable to pay your debts within the meaning of the insolvency legislation applicable to you; or a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such appointment are filed with any court; or the ability of your creditors to take any action to enforce your debts is suspended, restricted or prevented or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or any process is instituted which could lead to your assets being distributed to your creditors, shareholder or other contributors; or;
the provision of Doctap is, in our sole opinion, no longer commercially viable.
Provided that there are no outstanding Requests linked to your User Account, you may terminate this Agreement at any time by disabling your User Account.
On termination of this Agreement, the following clauses shall apply:
the licence granted under clause 4.1 shall immediately terminate;
you shall immediately pay any outstanding sums due in connection with your use of Doctap;
all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and in particular the provisions of clauses 4.3, 4.4, and 11 - 15 shall survive termination of this Agreement; and
we reserve the exclusive right and prerogative to retain, maintain, archive, protect, use or store any personal data or such information as we may receive from you, without regards as to time or duration, as is strictly necessary to comply with our legal obligations, resolve disputes and enforce agreements.
LIMITATION OF LIABILITY AND INDEMNITY
Nothing in these Terms, including this clause 13 shall exclude or limit any warranty or liability to the extent that the same may not be lawfully excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by its negligence.
In respect of your use of Doctap, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms (including implied warranties and conditions of or merchantability, fitness for a particular purpose and non-infringement) and no advice or information, whether oral or written, obtained by you from us or any of our subsidiaries, affiliates, officials, employees or personnel, or through or from your use of Doctap shall create any warranty not expressly stated in these Terms.
Any condition, warranty, representation or other terms concerning Doctap, which might otherwise be implied into or incorporated in these Terms, or whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
While we will use every effort to ensure that Doctap is available to you, you expressly understand that some of the functions of Doctap rely on an internet connection being sustained and the appropriate equipment being maintained. As such, you expressly understand and so agree that your use of Doctap is ‘as is’ and ‘as available’. In particular, we do not represent or warrant to you that:
your use of Doctap (including such use in conjunction with any other software) will meet your requirements, or that your use of Doctap will be uninterrupted, timely, secure or free from error defects in the operation or functionality of Doctap;
that defects in the operation or functionality of Doctap will be corrected, rectified or remedied; and/or
any information obtained by you as a result of your use of Doctap will be accurate or reliable.
Any material downloaded or otherwise obtained from or accessed through your use of Doctap is done so at your own discretion and risk, and you will be solely responsible for any damage, loss or prejudice to your computer system or other device or loss of data that result from the download or access of any such material.
You expressly understand and agree that we and our licensors shall not be liable to you for:
any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of your use of Doctap and/or its non-availability;
loss of profit, business revenue, goodwill and anticipated savings;
any trading or other losses which you may incur as a result of or reliance upon any content on Doctap;
the deletion of, corruption of, or failure to store any content and other data maintained or transmitted by or through your use of Doctap; or
any effect which the use of Doctap may have on any software you use.
Subject to clause 13.1 above, our aggregate liability to you in respect of any loss or damage suffered by you and arising out of or in connection with the use of Doctap by you or any third party shall not exceed £100.
You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with your use of Doctap; that we cannot adequately insure its potential liability to you; and that, accordingly, the exclusions and limitations contained in this clause 12 are reasonable. You also undertake at all times to mitigate any such damage or loss.
You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us, arising out of any breach of this Agreement by you.
You shall not assign, transfer or sub-license any of your rights or obligations under these Terms, other than as expressly provided for in these Terms. We may at any time assign all or any of our rights and transfer all or any of our obligations under these Terms.
Failure or neglect by us to enforce any of the provisions of these Terms at any time shall not be construed or deemed to be a waiver of our rights, nor shall this in any way affect the validity of the whole or any part of these Terms, nor prejudice our rights to take subsequent action.
We shall not be liable to you in the event that we are unable to perform any of our obligations under these Terms owing to circumstances beyond our reasonable control, including acts of god, governmental actions, an outbreak of hostilities (whether war is declared or not), or in the event of a national emergency or terrorist intervention.
If any part of any provisions of these Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provisions and all other provisions of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law.
These Terms represent the entire agreement between you and us in relation to the subject matter of these Terms and neither of you nor us has relied upon any statement or representation made by the other in agreeing to enter this Agreement.
LAW AND JURISDICTION
These Terms shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise in connection with these Terms.