Terms & Conditions

Information About Us

1. http://www.clinicyou.com ('our site') is a site owned and operated by ClinicYou Limited ('us'/'we'/ 'our company'). We are a registered company in England and Wales under company number 06670962 and our registered office is at 1a The Martletts, Burgess Hill, West Sussex, UK RH15 9NN. Our Data Protection Registration number is Z1936787. These Terms (together with the documents referred to) inform you as to how we supply the services ('the Online Service') to you.

2. ClinicYou is a web-based practice management system that allows you to manage all aspects of your clinical practice (ʻClinicYou'). In addition, you can have our pool of support staff handle some of your administrative tasks such as transcription. These Terms refer to you and to your medical practice. If you are a patient or other user please click here.

3. By subscribing to and using our site, you accept these Terms and you agree to abide by them. If you refuse to accept these Terms, we do not permit you to access our site.

Conditions of access to the Online Service

4. The Main Account Holder ('MAH', `you') is the person that will be responsible for opening the account. The MAH is fully responsible for the upkeep and administration of the account.

5. A single clinician or a practice of several clinicians can create an account and this account will create a 'practice' complete with its own website that is visible to patients and other clinicians. On registration you will need to choose a unique URL for your clinical practice where you and your colleagues can log in (for example: the London Health Centre can be http://londonhealthcentre.clinicyou.com). You are responsible for entering all the necessary information required on the online forms to create your medical practice web site and the information that is visible for your patients. Only you and anyone authorised by you can add and edit patient data. ClinicYou will also allow clinical networking which allows other clinicians to share patient records. A clinician who is not in a network can only assess patient data with a patient's consent and in accordance with medical practices and the Data Protection Act 1998.

6. Click here for Terms and Conditions of use for patients. Patients can register themselves or be registered by clinicians. If a patient's email address is supplied during registration by a clinic, patients receive their initial login details automatically. Patients can recover their lost password or ask you or us to reset it.

7. The MAH warrants that each clinician that registers with it is fully qualified and holds a current registration with the governing body for their professional group and the clinician provides written evidence in support from the governing body/ professional group. During the period the clinician has access to the Online Services and or any patients through the Online Services, the clinician is duty bound to immediately inform us in writing of any complaint or investigation related to the Online Service raised by a patient or the relevant governing body/ professional group and to provide regular updates of the results of any such complaint or investigation.

Payment and Subscription to the Online Service

8. For details of any free trials click here. If your subscription payment is accepted (see below), we grant you a non-exclusive, non-transferable licence to use the Online Service for as long as the payment of an monthly subscription fee is duly paid, and/or such period that we determine.

9. We do not issue refunds on cancellation, except in some circumstances at our discretion.

10. We may terminate or suspend your use of the Online Service at any time if you are found to be in breach of any of these Terms. If you are notified of termination of your rights of use, you must immediately cease all use of the Online Service.

Cancellation

11. Any free trial period that we may offer you shall be an inclusive period and shall commence as soon as you open the account as MAH. During any free trial period you can cancel your account at any stage by going to `My Account > ClinicYou Invoices' and clicking `Cancel My Account' at the bottom of that page. After the free trial expires and your subscription starts you can cancel your service at any time. We will not debit your credit or debit card on the next billing date or in the future except for any outstanding fees that are due from other services you have used such as transcription.

How to Subscribe

12. To access the Online Service you will need to follow the subscription procedures set out at http://www.clinicyou.com/. Details of our prices for subscription to the Online Service, and the procedures for payment are displayed on our website. At the point you sign up for any free trial you will be asked for your credit or debit card details. You will not be charged anything until any free trial that we offer you (at our discretion) expires. Thereafter your subscription payment will cover 1 month's access to the Online Service and be paid in advance. The price of any subscription is the price in force at the date and time of your subscription. We reserve the right to make changes to our subscription prices at any time but we will ensure that our monthly prices are displayed clearly on our website. In the event that a price change occurs between the start of any free trial and the start of your Subscription you will be asked to be validate the new price as part of your acceptance procedure. This procedure occurs at the end of any free trial. We will inform you of any changes to our subscription rates on your login page and you will need to accept any changed tariff to continue using the Online Service. The prices are inclusive of all applicable taxes. We reserve the right to refuse any subscription request placed by you. If your subscription request is accepted, we will confirm our acceptance to you by online electronic means ('Confirmation') to the e-mail address you have given us on registration. The Online Service will be made available to you via this Confirmation. Making the Online Service available to you on Confirmation constitutes performance of our Online Services.

13. You undertake that all details you provide to us for the purpose of subscribing to the Online Service will be correct, that the credit or debit card, which you use is your own or your businesses and that you have permission from the business to use same and that there are sufficient funds or credit facilities to cover the cost of any subscription and subsequent services you may use. You undertake that you have the authority to sign up to an account and that you will be fully responsible for maintaining the membership of your medical practice and clinicians you have registered. We reserve the right to obtain validation of your credit or debit card details and seek identification of your medical practice before providing you with the Online Service.

Warranties

14. We warrant that we shall provide the Online Service with reasonable skill and care. ClinicYou is a software application that will enable you to manage your practice electronically and online.

Intellectual Property Rights

15. You acknowledge that all Intellectual Property Rights (including but not limited to all copyright, database rights, trademarks, text, graphics, photographs, illustrations, logos, icons, the look and feel of the site) in the Online Service and any upgrades or modifications belong and shall belong to us, and/or our third party licensors, copyright and trademark owners. You shall have no rights in or to the Online Service other than the right to use it in accordance with these Terms. We acknowledge that all data and material uploaded by you remains your responsibility and that you are authorised to upload them. For the avoidance of doubt, unless we have expressly permitted you to do so, you may not remove, add, edit, alter or modify, copy or amend any part or the whole of our website

Your Indemnity to Us

16. You agree to hold harmless, defend, and indemnify us and our officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including solicitor's fees, that are due to, or that arise from your use or misuse of the site or for infringement by you of intellectual property rights or other rights of any third party including any claims for data protection infringements. You hereby agree to indemnify, defend and hold us harmless for all liability, claims, damages and costs, including reasonable legal expenses, arising out of or in connection with a breach by you of your obligations, representations and warranties in these terms. In the event that we are sued by a third party you represent you warrant that you will indemnify us to the fullest extent permitted by law.

Modifications to the Online Service

17. We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Online Service, including your access to it. Unless explicitly stated to the contrary any new features will be subject to these Terms. Please note that although we try to ensure that the content of our site and/or the Online Service is accurate, the site and/or the Online Service may contain typographical errors or other inaccuracies. Whilst we will use all our reasonable efforts to ensure that the Online Service is available at all times, we cannot guarantee 100% uptime and where the Online Service is unavailable for any reason, we shall endeavour to restore normal Online Service as soon as is practicable.

Security

18 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for access to the Online Service, in accordance with our security policy (please click here for the security policy). You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

UK Data Protection Act 1998

19. We are committed to ensuring our compliance with the requirements of the Data Protection Act 1998. We recognise the importance of personal data to being able to provide the Online Service and the importance of respecting the privacy rights of individuals. We have a Privacy Policy, a Data Protection Policy and a Security Policy which can be found on our site at all times. These documents set out the principles which we will apply to our processing of personal data so that such processing is in accordance with the UK law.

IMPORTANT

20. You assume total responsibility and risk for your use of the Online Service. 19. We are providing you with secure access to ClinicYou in order to help you manage and operate your practice efficiently. We have used our reasonable endeavours to ensure that the Online Service complies with the laws of England and Wales but you must ensure that your medical practice is fit and proper to use the Online Service, and in particular that your practice is fully compliant with the UK Data Protection Act 1998, rules of the governing/professional bodies in respect of the clinicians. We do not access or disclose sensitive medical information relating to patients unless required to do so by a court of law. Any enquiries concerning a patientʼs data shall at all times be dealt with by you.

Liability

21. To the fullest extent permitted by law we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Online Service, our site or any information or service provided through our site. We will do our best to ensure that the Online Service and information and content in the Online Service is accurate, but please note that all content and information contained in the Online Service are provided on an ʻas isʼ basis and you assume total responsibility and risk for your use of the same whilst using the Online Service.

22. We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Online Service, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity. If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Online Service in the year in which such liability arose. This does not include or limit in any way our liability: for death or personal injury caused by our negligence; under section 2(3) of the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; or for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us. We make no representations that the Online Service is appropriate or available for use in locations outside the UK.

23. If use of our site and/or viewing of it, or use of any content on our site, are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the access or attempted access of the Online Service by persons in jurisdictions outside the UK

Your Obligations and Warranties to Us

24. As the MAH you warrant that you are fully aware of the obligations imposed upon you as a clinical practice and that you are fully aware of your legal obligations under the UK Data Protection Act 1998. You accept without reservation the legal requirements as referred to in the UK Data Protection Notice which falls part of these terms and conditions.

25. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Online Service and is compatible with our site. You also understand that we cannot and do not guarantee or warrant that the Online Service will be free from infection, viruses and/or other code that has contaminating or destructive properties in any files on our website or any email or other attachement that you receive from us. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output

Our Right to Vary the Terms

26. We reserve the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You understand and agree that if you use the Online Services after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms. You should check the Terms regularly for changes.

General

27. We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time. We may alter these terms and conditions from time to time and post the new version on our website, following which all use of the Online Service will be governed by that version. These Terms together with the Data Protection Notice, Privacy Policy, Security Policy, any subscription request form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms, Data Protection Notice, Privacy Policy, Security Policy, order form and payment method instructions. If any provision or term in these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. These Terms and your use of our site is governed by English law and you submit to the non-exclusive jurisdiction of the English court. Except in respect of a payment obligation, neither you nor us will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control. Failure or delay by either party enforcing an obligation or exercising a right under these Terms does not constitute a waiver of that right or remedy. These Terms do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

Notices

27. All notices shall be given (1) to us via e-mail at contact@clinicyou.com or by post to 1a The Martletts, Burgess Hill, West Sussex RH15 9NN; (2) to you at either the e-mail or postal address you provide during any ordering process. Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting if within the UK, or after an appropriate duration for overseas delivery.