TERMS OF USE
FOR ACCESS TO THE ZOOMDOC APP
1.
These terms of use, together with our privacy policy, (the “Terms”) and the other service conditions which you accept in requesting our services and the medical services of GPs, are the terms on which you may use the application located at www.zoomdoc.com and accessible via an app store (the “ZoomDoc App”) on a mobile telephone or handheld device (“Device”) and benefit from the services available through the ZoomDoc App.
2.
The ZoomDoc App is a copyrighted work belonging to us. We are ZoomDoc Limited (“ZoomDoc Limited”, the “Company”, “us”, “our”, and “we”), a company registered in England and Wales. Our company registration number is 09540794 and our registered office is at 2 Chanin Mews, London NW2 4AQ. “You” are the user of the ZoomDoc App.
3.
You confirm that you have the right, authority, and capacity to enter into these Terms. If you do not agree with all of the provisions of these Terms, do not access and/or use the ZoomDoc App.
4.
You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you and to download or stream a copy of the ZoomDoc App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these Terms for the use of the ZoomDoc App and receipt of services accessed via the ZoomDoc App on or in relation to any Device, whether or not it is owned by you.
5.
You agree to:
5.1
be responsible for maintaining the confidentiality of your ZoomDoc Account (“Account”) login and password information and be fully responsible for all activities that occur under your Account;
5.2
provide such information as the Company requires, as set out on the ZoomDoc App;
5.3
immediately notify the Company of any unauthorized use, or suspected unauthorized use of his Account or any other breach of security at info@zoomdoc.com. The Company cannot and will not be liable for any loss or damage arising from his failure to comply with the above requirements.
6.
Subject to this agreement the Company grants you a non-transferable, non-exclusive, revocable, limited licence to use and access the ZoomDoc App solely for the purpose of the Services.
7.
The rights granted to you in this agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the ZoomDoc App, whether in whole or in part, or any content displayed on the ZoomDoc App; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the ZoomDoc App; (c) you shall not access the ZoomDoc App in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the ZoomDoc App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the ZoomDoc App shall be subject to these terms. All copyright and other proprietary notices on the ZoomDoc App (or on any content displayed on the ZoomDoc App) must be retained on all copies thereof.
8.
The Company reserves the right, at any time, to modify, suspend, or discontinue the ZoomDoc App (in whole or in part) with or without notice to you. You agree that the Company will not be liable to him or to any third party for any modification, suspension, or discontinuation of the ZoomDoc App or any part thereof.
9.
You agree that the Company shall provide support or maintenance in connection with the ZoomDoc App between 8 am to 6 pm Monday to Friday but that otherwise the Company shall have no obligation to provide you with any support or maintenance in connection with the ZoomDoc App.
10.
Excluding any User Content that you may provide (defined below), you acknowledge that all the Intellectual Property rights, including copyrights, patents, trademarks, and trade secrets, in the ZoomDoc App and its content are owned by the Company or the Company’s suppliers. Neither this agreement (nor your access to the ZoomDoc App) transfers to you or any third party any rights, title or interest in or to such Intellectual Property rights, except for the limited access rights expressly set forth in these terms. The Company and its suppliers reserve all rights not granted in this agreement. There are no implied licenses granted under this agreement.
Acceptable Use Policy
The following terms constitute our “Acceptable Use Policy”:
11.
You agree not to use the ZoomDoc App to collect, upload, transmit, display, or distribute any material (“User Content”) (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
12.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the ZoomDoc App any computer viruses, worms, time-bombs, keystroke, loggers, spyware, adware or any software intended to damage or alter a computer system or data; (ii) send through the ZoomDoc App unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the ZoomDoc App to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the ZoomDoc App, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the ZoomDoc App (or to other computer systems or networks connected to or used together with the ZoomDoc App), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the ZoomDoc App; or (vi) use software or automated agents or scripts to produce multiple accounts on the ZoomDoc App, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the ZoomDoc App (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the ZoomDoc App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
13.
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this agreement or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with our terms, and/or reporting you to law enforcement authorities.
14.
If you provide the Company with any feedback or suggestions regarding the ZoomDoc App (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
Third party links and ads; other users
15.
The ZoomDoc App may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Links & Ads. The Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
16.
Each site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any site user, we are under no obligation to become involved.
17.
Subject to applicable law, you hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the ZoomDoc App (including any interactions with, or act or omission of, other site users or any Third-Party Links & Ads).
Disclaimers
18.
The ZoomDoc App is provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law, the Company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind.
19.
We (and our suppliers) make no warranty that the ZoomDoc App will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Referral Codes
20.
We may, in our sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the services made available by us through the ZoomDoc App and/or any third party’s services made available through the ZoomDoc App, subject to any additional terms that ZoomDoc Limited establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to ZoomDoc Limited; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.