Terms and Conditions

Patient on the Go: Web Portal Terms

AGREED TERMS

Your attention is particularly drawn to the provisions of clause 10 (Limitation of liability).

About us
1. Company details. AVM Professionals Limited (company number 12732529) (we and us) is a company registered in England and Wales and our registered office is at 38 Windrush Drive, Hinckley, England, LE10 0NY. We trade under the name Patient on the Go.
2. Contacting us. To contact us, email our customer service team at [hello@patientonthego.com]. Formal notices should be given in accordance with 14.2.
Our contract with you
1. Our contract. These terms and conditions (Terms) apply to your use of our web portal at www.patientonthego.com (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2. Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3. Your copy. You should print off a copy of these Terms or save them to your computer for future reference.
Registering with us
1. Conditions. You may only use our web portal if you hold a current and valid licence from the General Medical Council. We can end your access at any time if we no longer have satisfactory evidence of that licence.
2. Password. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
3. Correcting input errors. You are responsible for ensuring that all information that you submit to us at any time is complete and accurate.
Our services
1. Changes to our web portal. We reserve the right to change our web portal and the services that we offer at any time, particularly if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of our services.
2. Reasonable care and skill. We warrant you that our services will be provided using reasonable care and skill.
3. Availability of Patient Information. All information shared with you via our web portal (Patient Information) is shared at the option of a patient. That information is automatically removed from our web portal two weeks after it is shared and may be withdrawn from the web portal by the patient at any time after the date of sharing.
Your obligations
1. It is your responsibility to ensure that:
  1. to the extent reasonably required by us, you cooperate with us in relation to our services, including the provision of complete and accurate information from time to time;
  2. no Patient Information is downloaded from our web portal, printed or otherwise stored (whether by way of copying or otherwise);
  3. you comply with all applicable laws and the requirements of your professional and regulatory bodies.
Services in England and Wales
We offer our services in relation to health mobile application uses in the United Kingdom and you are responsible for obtaining our prior consent to any use outside these parameters.
Complaints
If a problem arises or you are dissatisfied with the Services, we have a comprehensive complaints policy.
Intellectual property rights
1. All intellectual property rights in or arising out of or in connection with our web portal and services will be owned by us. We confirm that we have all the rights in relation to our web portal and our services that are necessary to grant all the rights that we purport to grant under, and in accordance with, the terms of the Contract.
2. We grant you a non-exclusive, royalty-free licence during the term of the Contract to use our web portal in your profession. You may not sub-license, assign or otherwise transfer the rights granted in this 8.2.
How we may use your personal information
We will process your personal information in accordance with our privacy policy at [PRIVACY POLICY LINK], the terms of which are incorporated into this Contract.
Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
1. The limits and exclusions in this clause reflect the insurance cover we have been able to arrange and the limits on our responsibilities to you and you are responsible for making your own arrangements in relation to insurance.
2. Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
  1. death or personal injury caused by negligence;
  2. fraud or fraudulent misrepresentation; and
  3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
3. Subject to 10.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
  1. loss of agreements or contracts;
  2. loss of use or corruption of software, data or information;
  3. loss of or damage to reputation; and
  4. any indirect or consequential loss.
4. Subject to 10.2, our web portal is made available to you ‘as is’ and we do not accept any liability to you in relation to it other than in respect of any breach of our confirmation at clause 8.1.
5. Nothing in these Terms limits or affects the exclusions and limitations set out in our [LINK TO WEBSITE TERMS AND CONDITIONS OF USE].
6. This 10 will survive termination of the Contract.
Confidentiality
1. We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by 11.2.
2. We each may disclose the other's confidential information:
  1. to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this 11; and
  2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
3. Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.
Termination, consequences of termination and survival
1. Termination. Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within [15] days of you being notified in writing to do so.
2. Consequences of termination. Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
Events outside our control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract, our obligations under the Contract will be suspended for the duration of the Event Outside Our Control.
Communications between us
1. When we refer to "in writing" in these Terms, this includes email.
2. Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered via our web portal or by email.
3. A notice or other communication is deemed to have been received at 9.00 am the next working day after transmission.
General
1. Assignment and transfer
  1. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.
  2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
2. Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
4. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
6. Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.