Terms and Conditions
Last modified: December 2020
In order to provide our Services (as defined below) through our apps, services, features, software, or website, we need to obtain your express agreement to our Terms of Use
(Terms). You agree to our Terms by registering, installing, accessing, or using our apps, services, features, software, or website.
Our Services
Constentum Ltd (Constentum, our, we, or us) provides the services described below to you (Services) through MedicComs (App):
Privacy and security principles. The App has been developed with strong privacyand security principles in mind. All data will be stored securely cannot be deleted and will be open to audit and / or for research purposes in an anonymised format.
Connecting you with other people. The App communicates in real time and gives control to healthcare professionals. The App works on iOS, Android and a web based administration facility using free text.
Ways to improve our Services. We analyse data collected through MedicComs, in order to improve all aspects of our Services described here, including helping businesses who use MedicComs measure the effectiveness and distribution of their services and messages.
Communicating with professionals. Medicoms offers a strong and robust communication workflow system that eliminates the potential for message repudiation and provides a solid platform to enable communication in primary care to accurately record and store data, and enables information sharing across multi-disciplinary teams that will benefit patient outcomes in both primary and secondary care settings.
NO ACCESS TO EMERGENCY SERVICES: Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other service.
About Our Services
Registration. You must register for our Services using accurate information, provide your current mobile phone number, and, if you change it, update your mobile phone number using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
Devices and software. You must provide certain devices, browsers, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services and App. You also consent to our sending you notifications via MedicComs from time to time, as necessary to provide our Services to you.
Conversations on MediComs. All of your conversations on MediComs will be stored by Constentum for a period of seven years to assist any medical investigations or other regulatory purposes. For the avoidance of doubt, the conversations are fully auditable and will be subject to investigation in the event of requests from a regulatory body. For further details, please see our Privacy Policy at http://app.mediccoms.com/privacy.
Fees and taxes. You are responsible for Internet fees, and other fees and taxes associated with your use of our Services.
Privacy Policy and User Data We care about your privacy. Our Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you.
Acceptable use of our Services
Our Terms and policies. You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you must not create another account without our permission.
Legal and acceptable use. You must access and use our Services only for the purpose of communicating with other healthcare professionals (who are MediComs users) to enable analysis and discussion of prescription information and other legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that:
(a) violate, misappropriate, or infringe the rights of MedicComs, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
(b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes; or
(c) involve publishing falsehoods, misrepresentations, or misleading statements.
Harm to MedicComs or our Users. You must not (or assist others to) directly, indirectly, through automated or other means access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorised manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means:
(a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;
(b) send, store, or transmit viruses or other harmful computer code through or onto our Services;
(c) gain or attempt to gain unauthorised access to our Services or systems;
(d) interfere with or disrupt the safety, security, or performance of our Services;
(e) create accounts for our Services through unauthorised or automated means;
(f) collect the information of or about our Users in any impermissible or unauthorized manner;
(g) sell, resell, rent, or charge for our Services in an unauthorised manner;
(h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; or
(i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorised manner.
Keeping Your Account Secure. You are responsible for keeping your device and your MedicComs account safe and secure, and you must notify us promptly of any unauthorised use or security breach of your account or our Services.
Licenses
Your rights. MedicComs does not claim ownership of the information that you submit for your MedicComs account or through our Services. You must have the necessary rights to such information that you submit for your MedicComs account or through our Services and the right to grant the rights and licenses in our Terms.
Our Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, or other intellectual property rights unless you have our prior express permission.
Your license to MedicComs. In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Policy).
Our license to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Disclaimers
We will use reasonable skill and care in providing our Services to you and in keeping it a safe, secure, and error-free environment, but we do not guarantee that MedicComs will always function without disruptions, delays, or imperfections. You use our Services at your own risk and subject to the following disclaimers. We are providing our Services on an "as is" basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our Services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control and are not responsible for, controlling how or when our users use our Services or the features, services, and interfaces our Services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our Users or other third parties. You release us from any claim, complaint, cause of action, or controversy (together, Claim) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.
Limitation of liability
Our aggregate liability relating to, arising out of, or in any way in connection with our Terms, us, or our Services shall be limited to losses that are a reasonably foreseeable consequence of such breach (except in relation to death, personal injury, or fraudulent misrepresentation) and will not exceed the amount you have paid us in the past twelve months.
Indemnification
If anyone brings a claim (Third Party Claim) against us related to your actions, information, or content on MedicComs, you will, to the extent permitted by law, indemnify and hold us harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:
(a) your access to or use of our Services, including information provided in connection therewith;
(b) your breach of our Terms or of applicable law; or
(c) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Third Party Claim.
Availability and Termination of our Services
Availability of our Services. We are always trying to improve our Services. That means we may add or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, where possible. Events beyond our control may affect our Services, such as events in nature and other force majeure events. All data will be stored in the cloud and we will endeavour to ensure that is made available if requested.
Termination. Although we hope you remain a MedicComs user, you can terminate your relationship with us anytime for any reason by deleting your account by providing 3 months’ prior written notice to us. Upon such termination, any contract fees payable by you or your organisation account for any unexpired the contract period shall remain payable as per our agreement with you or your organisation.
We may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with us: "Licenses," "Disclaimers," "Limitation of Liability," "Indemnification," "Availability and Termination of our Services" and "Other". If you believe your account's termination or suspension was in error, please contact us at sales@constentum.com or call on 028 9034 2812.
Other
We reserve the right to designate in the future that some of our Services are governed by separate terms (where, as applicable, you may separately consent).
Any amendment to or waiver of our Terms requires our express consent.
We may amend or update these Terms. Unless otherwise required by the laws of the UK (including Northern Ireland), we will provide you at least 30 days' notice of amendments to our Terms, which will give you the opportunity to review the revised Terms before continuing to use our Services. We will also update the "Last Modified" date at the top of our Terms. Changes to these Terms shall become effective no sooner than 30 days after we provide notice of planned changes. Please note that we may not be able to provide such notice for changes to these Terms that are required to address technical evolutions of our Services or for changes made for legal reasons, both of which will become effective immediately. Your continued use of our Services following the notice period of planned changes confirms your acceptance of our Terms, as amended. We hope you will continue using MedicComs, but if you do not agree to our Terms, as amended, you must immediately stop using our Services by deleting your account.
All of our rights and obligations under our Terms are freely assignable by us in connection with a merger, acquisition, restructuring, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third party. We hope you will continue using MedicComs, but if you do not agree to such an assignment, you must immediately stop using our Services by deleting your account.
You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
Nothing in our Terms will prevent us from complying with the relevant laws of the UK (including Northern Ireland).
Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
If we fail to enforce any of our Terms, it will not be considered a waiver.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
We reserve all rights not expressly granted by us to you.
We always appreciate your feedback or other suggestions about MedicComs and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any obligation to compensate you for them.