Patient Terms and Conditions
These terms and conditions (together with the documents referred to on it) (these “Terms”) are a legal agreement between you (“you” or “your”) and My Clinical Outcomes Ltd (“MyClinicalOutcomes”, “we”, “us” or “our”). These Terms govern your use of any services (“Services”) that we provide on or via our website www.myclinicaloutcomes.com, or any other prefixed URL by which our services may be accessed (our “Site”)
1. Information about us
Our Site is operated by MyClinicalOutcomes and our registered address is c/o Rodliffe Accounting Limited, 23 Skylines Village, Limeharbour, London E14 9TS.
2. Your status
By using the Services of our Site, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.
3. How the contract is formed between you and us
3.1 You must provide the following information on the registration form on our Site:
(a) your name;
(b) your email address;
(c) your date of birth;
(d) the hospital or clinic at which you are receiving treatment;
(e) the medical practitioner from whom you are receiving treatment; and
(f) the medical condition for which you are receiving treatment.
3.2 Your registration constitutes an offer to us to register as a registered patient user and to use our Services. All registrations are subject to acceptance by us at our sole discretion, and we will confirm such acceptance to you by sending you an email which confirms that the registration has been accepted and the Services will be provided (“Acceptance Email”). The contract between us (“Contract”) will only be formed when we send you an Acceptance Email.
3.4 Once you receive Acceptance Email, you can start to use the Services on our Site to monitor the development of disease and the benefit of treatment.
4. Your use of the Services
4.1 The Contract for the supply of Services is between you and us. In exchange for your agreement to these Terms, we grant you a personal right (a “Licence”) to use the Services and our Site on any devices that you own or control. All rights, interest and title (ownership) in our Site and the Services will remain with MyClinicalOutcomes.
4.2 The Licence is for your personal use only and you must not use it for commercial gain. The Licence is non-exclusive (which means that we can grant it to other people), revocable by us and non-transferable by you.
4.3 Use of the Services requires compatible devices, internet access and certain software (such as a compatible internet browser). You agree that you are responsible for the internet connection and/or mobile charges incurred while using the Services.
4.4 Unless authorised in these Terms, you must not: (a) copy, rent, lease, lend, sell, transfer, sub-license or loan the Services; (b) modify, adapt, merge, translate, reverse-engineer, decompile, disassemble or attempt to derive the source code of any aspect of the Services; (c) hack, distribute, harm or misuse the Services; and/or (d) attempt, assist, authorise or encourage others to disable, circumvent, or defeat any security features of the Services.
4.5 We may terminate or suspend your Licence at any time if you breach any of these Terms. Accordingly, your rights under these Terms will automatically terminate without notice. On termination, your access to Services will be removed and you must stop using the Services immediately.
5. Reliance on information
5.1 By using our Services you will be able to monitor your condition through our Site, see how your condition is changing and consider whether or not to seek further help.
5.2 Whilst we will attempt to ensure that the information available on our Site is accurate and up to date, this is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such information.
6. Price and payment
The Services will be provided by us to you free of charge, unless otherwise notified.
7. Exclusions and interruptions
7.1 We provide the Services for your personal use on an “as is” basis. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on our Site or provided via the Services.
7.2 We do not guarantee that our Site or the Services will be fault or error free and we do not accept liability for any errors or omissions. We will endeavour to allow uninterrupted access to our Site and the Services, but access may be suspended, restricted or terminated at any time. In addition, we may have to suspend the Services if we have to deal with technical problems, or to make improvements to our Site. We will usually let you know in advance where this occurs, unless the problem is urgent or an emergency, but we will have no liability in the event that we fail to do so.
7.3 We reserve the right to stop offering or supporting any individual aspect of the Services or the Services as a whole without any liability to you.
8. Our liability
8.1 Subject to clause 8.2 and clause 8.3, if either of us fails to comply with this Contract, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with this Contract.
8.2 Neither of us shall be responsible for losses that result from our failure to comply with this Contract including, but not limited to, loss of income or revenue; loss of business; loss of anticipated savings or loss of data.
8.3 This clause 8 does not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
We may terminate the Contract immediately at any time by providing you with prior written notice.
10. Data protection
10.2 The information you provide to us must be to the best of your knowledge true and accurate and must comply with the content standards set out in our terms of website use.
11.1 Each party may be given access to information that is proprietary or confidential and is either clearly labelled as such or identified as such ("Confidential Information") from the other party in order to perform its obligations under these Terms. A party's Confidential Information shall not be deemed to include information that:
(a) is or becomes publicly known other than through any act or omission of the receiving party; or
(b) was in the other party's lawful possession before the disclosure; or
(c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
(d) is independently developed by the receiving party, which independent development can be shown by written evidence; or
(e) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
11.2 Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of these Terms.
11.3 Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
12. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to MyClinicalOutcomes at www.myclinicaloutcomes.com, or any other prefixed URL by which our services may be accessed. We may give notice to you at the email address you provide to us. Notice will be deemed received and properly served immediately when posted on our Site or 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to the specified email address of the addressee.
14. Transfer of rights and obligations
You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. Our right to vary these terms and conditions
16.1 We have the right to revise and amend these Terms from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you use our Services, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before the Contract is formed (in which case we have the right to assume that you have accepted the change to the terms and conditions).
17. Law and jurisdiction
Contracts for the provision of Services formed through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.