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EIDO Healthcare Limited - Download Centre

Terms of use

The following terms and conditions govern the use of the EIDO Download Centre at http://.dc.eidohealthcare.com.

The EIDO Download Centre is available to authorised users only.

You are advised to read, and must accept, the following terms before you use the EIDO Download Centre.

• INTRODUCTION
  • Please note the disclaimer in paragraph 7 and the limitation on liability in paragraph 8.
  • These are the only terms pursuant to which you may use the Site. If you wish to use the Site in a way not covered by these terms or if you are not authorised to use the Site then please contact EIDO Healthcare in writing.
• DEFINITIONS
  • You or Your:
    The organisation (including its subsidiaries) entering into this agreement with us by accepting these terms.
  • Us, We, or Our:
    EIDO Healthcare Limited - registered office at 19-21 Main Street, Keyworth, Nottinghamshire, NG12 5AA, United Kingdom.
  • Fee:
    The fee for any Service as specified in the invoice for such Service.
  • Patients:
    Persons registered as patients with your organisation.
  • Permitted Media:
    Any computer hardware owned by you and operated at a site owned or occupied by you.
  • Service(s):
    The delivery of Patient Information Leaflets via the Site.
  • Site:
    The website at http://dc.eidohealthcare.com.
  • Hospitals:
    Your organisation's hospitals or other sites which you and we have agreed to be within the ambit of this agreement.
• AUTHORITY
  • We authorise you to use each Service for which you pay us a Fee.
  • This authority extends to everyone you authorise under this agreement. You may so authorise any member of your organisation provided their principal place of work is one of your Hospitals.
  • This authority starts when you accept these terms and ends (a) if the Fee period expires without your agreeing to renew this agreement on the terms and Fee then applying; or (b) if this agreement is terminated in accordance with clause 9.
  • The Fee period is specified in the Fee invoice.
• TERMS OF USE OF THE SERVICE
  • You may search, view, print out and download and save on electronic media, including your intranet and electronic storage devices, located in your Hospitals Patient Information Leaflets from the Service solely and exclusively for the purpose of providing copies of the Patient Information Leaflets to your Patients in connection with medical and/or surgical procedures that such Patients are, or are considering, undergoing.
• YOUR OBLIGATIONS
  • You will use your best endeavours to ensure that those you have authorised under sub-paragraph 3.2 above comply with the terms of use of the Service in paragraph 3 above and do not:
    • copy, print out, download or save or otherwise reproduce any part of the Service, except as permitted under this agreement or authorised by us in writing;
    • make any part of the Service available to anyone whose principal place of work is not one of your Hospitals, except as authorised by us in writing;
    • publish or otherwise make available any Patient Information Leaflet or other part of the Service on the Internet or as otherwise permitted by this agreement;
    • make any Patient Information Leaflet available to any person who is not a Patient of your organisation;
    • make any Patient Information Leaflet available to a Patient other than in connection with a surgical and/or medical procedure that such Patient is, or is considering, undergoing;
    • alter any part of the Service; or
    • assign or otherwise dispose of your or our rights under these terms.
  • You will use your best endeavours to ensure that nobody accesses the Service using accounts created with your Username and Password, except those who have been authorised by you under sub-paragraph 3.2 above.
  • You will not contest our intellectual property rights in the Service.
  • You are responsible for configuring your information technulogy, computer programmes and platform in order to access the Service. Notwithstanding sub-paragraph 6.2 below, you should use your own virus protection software.
• OUR OBLIGATIONS
  • We warrant that you will not infringe any third party rights by using the Service and we will indemnify you against costs or expenses you may incur as a result of any claim that the use by you of the Service infringes any third party rights, provided you notify us within a reasonably time of any such claim being made.
  • We will take reasonable steps to ensure that software and data files we supply to you as part of the Service are virus-free.
  • We will take reasonable steps to ensure that the Service is continuous and that access to our website is not interrupted for more than five working days in any twelve month period by any event in our contrul.
• DISCLAIMER
  • We give you no warranty or assurance, except as set out in paragraph 5 above. We declare and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law. You should note in particular:
    • the Service is not intended to constitute a definitive or complete statement of any surgical and/or medical procedure;
    • the Service is not intended to constitute medical and/or surgical advice in any specific situation;
    • the Service and our means of delivering it may be incompatible with your software or computer configuration; and
    • we may change or withdraw part or all of any Service at our discretion.
• LIABILITY
  • Our liability to you for any loss or damage is limited to damages of an amount equal to the Fee.
  • Under this paragraph you includes any other party claiming through you and loss or damage includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with the Service, whether under this agreement or any other agreement or in consequence of any misrepresentation, misstatement or tortuous act or omission, including negligence.
  • We are not liable to you on any account if you translate the content of any of the Patient Information Leaflets into any language without our specific prior written consent and you agree to fully indemnify us and keep us fully indemnified against all losses and liabilities of any nature incurred or suffered by us as a result of any unauthorised translation of any Patient Information Leaflet by you.
  • This paragraph does not affect claims in respect of death or personal injury caused by negligence and does not limit or exclude any liability for fraudulent misrepresentation.
• TERMINATION
  • This agreement will terminate if you are in material breach of any of its terms and if the breach is not remedied within the period of twenty working days after written notice of it has been given to you.
    • On termination of this agreement in relation to any Service, you will use your best endeavours to:
    • delete that Service and any part of it from your electronic media, including your intranet and electronic storage devices;
    • destroy all hard copies of Patient Information Leaflets in your possession; and
    • ensure that no Patient Information Leaflets are made available to your Patients.
• ASSIGNMENT; THIRD PARTY RIGHTS; CONFIDENTIALITY; ENTIRE AGREEMENT; GOVERNING LAW
  • You may not assign this agreement without our consent in writing.
  • This agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
  • Each party undertakes that it will not divulge or communicate to any person, except as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of the other party which may have come to its knowledge and each of the parties shall use its reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters.
  • This agreement, the Fee invoice and the document(s) in which your Hospitals are specified, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this agreement. Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in this agreement. The only remedy available to it for breach of the agreement shall be for breach of contract under the terms of this agreement.
  • This agreement is governed by English law and you submit to the non-exclusive jurisdiction of the English courts.

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