Terms Of Service

THIS DOCUMENT (“Terms of Service”’) IS A LEGAL AGREEMENT BETWEEN YOU AND THE CLINIC APP LIMITED. PLEASE READ IT CAREFULLY PRIOR TO ACCEPTING THE TERMS OF SERVICE. By using this website, you are hereby accepting the terms and conditions. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites.

The Clinic App Limited reserves the right to update and change the Terms of Service from time to time without prior notice by posting the changes to its website. Continued use of the service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account.

ACCOUNT TERMS

You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have logins under your account).

You may not use the service for any illegal or unauthorised purpose. The system is for your use and the use of your employees/authorised personnel. You must not, in the use of the service, violate any laws in your jurisdiction (included but not limited to copyright laws). You agree not to post content that is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You must not upload, post, host or transmit unsolicited emails, SMSs or SPAM messages.

You must not transmit any worms or viruses or any code of a destructive nature.

PRICE & PAYMENT TERMS

The price of the service is stated on our website and will vary depending on the number of users. Certain services may be subject to additional charges, as per our current price list.

The monthly fee is to be paid monthly in advance by Credit/Debit Card. Any additional fees, i.e. SMS text messages and automations,  will be calculated as per your usage and will be added to your monthly fee on the day of your subscription payment.

All our prices are subject to VAT and VAT will be added to the price and will be clearly stated on your invoice. If you are liable to pay the VAT, it will be added to your subscription. 

If you cancel your subscription before the end of your paid period, no refund will be provided.

If your monthly payment is declined, an email will be sent to the administrator’s email address. You will have 3 days to make a successful payment. If no payment is made within that period, the account will be suspended for a maximum of 90 days. The account will be reopened upon successful payment and resumption of the subscription, otherwise it will be closed and the data permanently deleted after 90 days.

SERVICE SUPPORT

Support of the service is provided by The Clinic App Limited via our online support Bot service. In the event that the Bot service can not resolve the support issue, it will be passed on to our support team and, if relevant, an email answer will be provided. The Clinic App Ltd provides a safe workplace free of discrimination and harassment  for its employees. Rudeness to our staff will not be tolerated and we reserve the right to close your account if we feel our staff are being verbally or otherwise abused.

CANCELLATION & TERMINATION

You may cancel your account at any time via the Account Settings area in The Clinic App. When you cancel your account, if any additional fees are due, a final payment will be taken via Stripe. Once the final payment is taken, all future reminders and notifications in The Clinic App will be deleted and the account will be closed and you will not have access to the data. All content of the account will be permanently deleted after 90 days.

If you cancel your account  before the end of your paid period, the account will be closed immediately and you will not receive a refund.

If  you cancel your Stripe subscription before the last charges are collected, we reserve the right to suspend your account immediately until these are settled.

Upon cancellation of your account and on successful payment of any fees due, you will be given the facility to download your data for your own retention. 

LIMITATION OF LIABILITY

You agree to use our Service at your own risk and you agree that you have made your own determination regarding the usefulness of the service. We disclaim all warranties including, but not limited to, warranties of merchantability and fitness for a particular purpose. We make no representation that any content is accurate, complete, appropriate, reliable, or timely. We do not accept any liability for any loss of data or software, revenue, business, profits, cost or expense, goodwill, contracts, or anticipated savings or any type of special, indirect, incidental or consequential loss or damage (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or we have been advised of the possibility of you incurring the same, arising out of or in connection with the use of, or the lack of availability of the Service, the website or its content and/or in connection with any permission, right or licence to use the Service. 

The Service (including all content, software, functions, and operational hosting services) is provided “as is”, without warranty of any kind.  All express or implied warranties, conditions, representations or other terms implied by statute or common law are excluded by us to the fullest extent permitted by law.  For the avoidance of doubt, we expressly disclaim all other warranties of any kind, whether express or implied, including without limitation, security of the Service, accuracy of the information contained on the website, that there will be uninterrupted timely and error free service, that errors in software will be corrected, that the Service will meet user requirements, that the Service will not contain any computer virus, suffer any communication failure, or prevent unauthorised access. 

We shall (1) in any event not be liable for loss or damage and (2) be entitled to cancel or rescind the contract if the performance of our obligations under the contract is in any way adversely affected by any cause whatsoever beyond our control including (but not limited to) the delays or default of any sub-contractor, war, strike, lock down, lock-out, trade disputes, flood, accident to plant or machinery, shortage of materials or labour. 

The Clinic App Limited has made reasonable checks of the Service to confirm that it will perform during normal use on compatible equipment. However, due to the inherently complex nature of computer software, The Clinic App Limited does not warrant that the Service is error-free, will operate without limitation, is compatible with all equipment and software configurations, or will otherwise meet your needs. 

You agree to indemnify us in respect of any loss, claim, damages, penalty, action or costs which we may suffer as a result of your breach of your obligations.

You agree to indemnify, defend and hold harmless The Clinic App Limited from and against any and all claims, proceedings, damages, liability and costs (including legal costs) incurred by The Clinic App Limited as a result of any claim arising from your use of the website, the Service, or any breach by you of the Terms, State or Commonwealth law or regulations, or any third party’s rights (including but not limited to infringement of Intellectual Property Rights, violation of any proprietary right and invasion of privacy rights). These obligations survive termination of the Service.

We will not accept liability for failures in providing the Service which are outside normal usage or which occur due to force majeure, matters outside our reasonable control or which are not reasonably foreseeable including acts of God, war, terrorism and civil disobedience.

OWNERSHIP OF WEBSITE 

You acknowledge that the ownership of all rights, title and ownership of The Clinic App belongs to us.  Accordingly, no part of this website (or its source HTML code) may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this website, updating the content thereon or otherwise in accordance with these terms.

Title and ownership of “The Clinic App” data entered by you or by authorised users with authorised access to your database, remains with you.  In the event you choose to end your subscription service but you would like to keep your data, you may download it using the facility provided.

You acknowledge and agree that the Service contains proprietary and confidential information that is protected by intellectual property and other laws.  You agree not to loan, modify, lease, sell, distribute or create derivative works based on the Service. Subject to your payment of the relevant fees in accordance with these Terms, you are hereby granted a non-exclusive and non-transferable licence to use the Service (including any associated software, and applicable Intellectual Property Rights) during the continuance of this agreement. You agree not to copy, or allow a third party to copy, modify, create a derivative work, reverse engineer or reverse assemble, disassemble, or decompile the Software, or take any other action to allow its whole or partial re-use by you, any authorised users, or others otherwise than in accordance with these terms or as permitted by law.

The data you enter on The Clinic App remains yours and is private. The data is secure and stored on Google Cloud servers. Google Cloud automatically takes backups of the data and retains it for 7 days for disaster recovery only. 

The data is stored on a server in your geographical region (EU, America or Australia). 

We provide you with the means of uploading documents and images for convenience. These are stored on Google Cloud servers. We claim no intellectual property rights over the material you provide to the Service. Your profile and the material uploaded remain yours.

JURISDICTION  

English law and the exclusive court jurisdiction of the English courts will apply to this agreement.

COPYRIGHT NOTICE

The Licence Agreement (“Agreement”) grants you the use of the The Clinic App Limited service “The Clinic App” (“Service”).  This version of the Service is intended for your personal/commercial use. You may not duplicate, copy or reuse any portion of the HTML/CSS or visual design elements without express written permission from The Clinic App Limited. You may not attempt to derive source code from the Service. You are granted a revocable, non assignable limited licence to create derivative works of this service solely for your own personal/commercial use and may publicly display such derivative works. The Service may not be copied, except as provided below, resold, rented, leased or distributed (electronically or otherwise).  The limited right to copy expressly excludes any copying or distribution of the Service on a commercial basis, including, without limitation, bundling the Service with any other product or service.  All rights not expressly granted are reserved.

Title, ownership, and intellectual property rights in and to the Service, and derivatives thereof, remain with The Clinic App Limited. The Service is protected by U.K. and international copyright laws and international treaty provisions. Do not remove, obscure, or alter any notice of patent, copyright, trademark, trade secret or other proprietary rights. We retain ownership and all rights to The Clinic App Limited and The Clinic App logos, trademarks, software, trade secrets, reports and websites.

This Agreement constitutes the entire Agreement between you and The Clinic App Limited and supersedes any prior written or oral Agreement concerning the contents of the Service.