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Terms of Use

The following terms and conditions govern the use of the EIDO Download Centre at http://.dc.eidohealthcare.com and the Patient Information Leaflets accessed through it.

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 and the Patient Information Leaflets that are accessed through it. If You have not already entered into a legally binding agreement into which these terms are incorporated, by acknowledging Your acceptance of the following terms You are entering into a legally binding agreement with Us on and subject to the following terms.

 

• 1.INTRODUCTION
  • 1.1 Please note the disclaimer in paragraph 7 and the limitation on liability in paragraph 8.
  • 1.2 You may use the Site and/or the Patient Information Leaflets only in accordance with these terms and any Agreement. If You wish to use the Site and/or the Patient Information Leaflets in a way not covered by these terms or any Agreement, or if You are not authorised to use the Site and/or the Patient Information Leaflets then please contact EIDO Healthcare in writing.
• 2.DEFINITIONS
  • Agreement:
    Any agreement in writing between You and Us which incorporates these terms.
  • You or Your:
    The organisation (including its subsidiaries) accepting these terms.
  • Us, We, or Our:
    EIDO Healthcare Limited (company number 04030383) whose registered office is at 19- 21 Main Street, Keyworth, Nottinghamshire, NG12 5AA, United Kingdom.
  • Fee:
    The fee paid or payable by You for the use of the Patient Information Leaflets as is agreed in writing by Us and You from time to time.
  • Clients:
    Persons registered as clients of Your organisation.
  • Patient Information Leaflets:
    Our Patient Information Leaflets that We have agreed in writing that You may use.
  • Permitted Media:
    Any computer hardware owned by You.
  • Service(s):
    The delivery of Patient Information Leaflets via the Site.
  • Site:
    The website at http://dc.eidohealthcare.com.
• 3.AUTHORITY
  • 3.1 We authorise You to use each Patient Information Leaflet for which You pay Us a Fee.
  • 3.2 You may authorise any employee of Your organisation to use the Service.
  • 3.3 This authority starts when You accept these terms and ends: (a) if the Agreement expires or is terminated; or (b) if Your authority granted by paragraph 3.1 to use the Service and/or Patient Information Leaflets is terminated in accordance with paragraph 9 below.
• 4.TERMS OF USE OF THE PATIENT INFORMATION LEAFLETS & SERVICE
  • 4.1 You may search, view, print out, download and save on electronic media (including Your intranet and electronic storage devices) the Patient Information Leaflets solely and exclusively for the purpose of providing copies (including electronic and paper copies) of the Patient Information Leaflets to Your Clients.
• 5.YOUR OBLIGATIONS
  • 5.1 You shall, and shall procure that those You have authorised under sub-paragraph 3.2 above, comply with the terms of use in paragraph 4 above and shall not (except as permitted under these terms or authorised by Us in writing):
    • (a) copy, print out, download or save or otherwise reproduce any part of the Service and/or the Patient Information Leaflets;
    • (b) make any part of the Service available to anyone who is not employed by Your organisation;
    • (c) publish or otherwise make available any Patient Information Leaflet on the Internet;
    • (d) make any Patient Information Leaflet available to any person who is not a Client of Your organisation;
    • (e) alter any part of the Service and/or the Patient Information Leaflets; or
    • (f) assign or otherwise dispose of Your or Our rights under these terms.
  • 5.2 You will use Your best endeavours to ensure that nobody accesses the Service using accounts created with the Username and Password allocated to You by Us for use of the Service, except those who have been authorised by You under sub-paragraph 3.2 above.
  • 5.3 You will not contest Our intellectual property rights in the Service and/or the Patient Information Leaflets.
  • 5.4 You are responsible for configuring Your information technology, computer programmes and platform in order to access the Service. Notwithstanding sub-paragraph 6.2 below, You should use Your own virus protection software.
• 6.OUR OBLIGATIONS
  • 6.1 We warrant that You will not infringe any third party rights by using the Service and/or the Patient Information Leaflets 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 and/or the Patient Information Leaflets infringes any third party rights, provided You notify Us within a reasonable time of any such claim being made.
  • 6.2 We will take reasonable steps to ensure that software and data files We supply to You as part of the Service are virus-free.
  • 6.3 We will take reasonable steps to ensure that the Service is continuous and that access to the Site is not interrupted for more than five working days in any twelve month period by any event in Our control.
  • 6.4 We warrant that there are not any conflicts of interest relating to the information provided through the Service and/or the Patient Information Leaflets.
• 7.DISCLAIMER
  • 7.1 We give You no warranty or assurance regarding the Service and/or the Patient Information Leaflets, except as set out in paragraph 6 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:
    • (a) the Service and/or the Patient Information Leaflets is not intended to constitute a definitive or complete statement of any surgical and/or medical procedure;
    • (b) the Service and/or the Patient Information Leaflets is not intended to constitute medical and/or surgical advice in any specific situation;
    • (c) the Service and Our means of delivering it may be incompatible with Your software or computer configuration; and
    • (d) we may change part or all of any Service and/or the Patient Information Leaflets at Our discretion.
• 8.LIABILITY
  • 8.1 Except for any liability which the parties are not lawfully permitted to exclude or limit or for any liability arising from a willful breach or a breach of Our intellectual property rights in the Patient Information Leaflets, the liability of both You and Us under these terms and any Agreement in respect of losses, damages, costs or expenses suffered by You or Us as a direct result of the other's breach of any of their contractual obligations or negligence or otherwise, shall not in relation to any event giving rise to a claim exceed the amount of the fee paid by You in the calendar year in which the claim arises.
  • 8.2 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 and/or the Patient Information Leaflets, whether under this Agreement or any other agreement or in consequence of any misrepresentation, misstatement or tortuous act or omission, including negligence.
  • 8.3 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.
• 9.TERMINATION
  • 9.1 Your authority to use the Service and the Patient Information Leaflets, and the Agreement will terminate if You are in material breach of any of these terms or any other term of the Agreement and if the breach is not remedied within the period of twenty working days after written notice requiring such remedy has been given by Us to You.
  • 9.2 On termination of Your authority to use the Service and the Patient Information Leaflets, You shall:
    • (a) delete the Patient Information Leaflets and any part of them from Your electronic media, including Your intranet and electronic storage devices;
    • (b) destroy all hard copies of the Patient Information Leaflets in Your possession; and
    • (c) ensure that no Patient Information Leaflets are made available to Your Clients.
• 10.ASSIGNMENT; THIRD PARTY RIGHTS; CONFIDENTIALITY; ENTIRE AGREEMENT; GOVERNING LAW
  • 10.1 You may not assign the benefit of these terms or any Agreement without Our consent in writing.
  • 10.2 These terms and any Agreement are not intended to benefit anyone other than You and Us and, in particular, no term of them shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
  • 10.3 Both We and You undertake not to divulge or communicate to any person, except as may be required by law or any legal or regulatory authority, any confidential information concerning either of our businesses or affairs which may have come to the other's knowledge and both We and You will use our reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters.
  • 10.4 These terms and any Agreement, constitute the entire agreement and understanding and supersede any previous agreement between You and Us relating to Your use of the Patient Information Leaflets. You acknowledge and agree that in entering into these terms and any Agreement You do 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 other than as expressly set out in these terms or in any Agreement. Your only remedy for breach of these terms or in any Agreement shall be for breach of contract.
  • 10.5 These terms and any Agreement are governed by English law and You submit to the exclusive jurisdiction of the English courts.

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