Terms of Use

Last updated: 15th April 2020

1. About us and these Terms of Use

   medCrowd is controlled and operated by medDigital Limited ("medDigital", "we", "us", "our"). We are a company registered in England and Wales with the company registration number 06453053. Our registered office is GG.430, Metal Box Factory, 30 Great Guildford Street, London SE1 0HS.

   These Terms of Use ("Terms") govern how you may use App. By a) accessing, browsing or otherwise using medCrowd by any means and via whatever device; or b) signing up and creating an account ("Member"), you agree to be bound by these Terms.

   If you do not agree to be bound by these Terms, you must not use App.

2. How to contact us

   If you have any questions, comments or complains about medCrowd, please contact us at support@medCrowd.com.

3. Changes to these Terms of Use

   We reserve the right to change these Terms at any time without notice. Accordingly, we encourage you to revisit these Terms regularly to ensure that you are at all times fully aware of them. Any changes will be effective immediately. Your continued use of medCrowd constitutes your agreement to all such Terms.

4. Privacy and data protection

   Full details of how we collect, hold and process your personally identifiable information are set out in our Privacy Policy.

   We are committed to protecting the privacy of children. You should be aware that medCrowd is not intended or designed to attract users under the age of 18. We do not knowingly collect personally identifiable information from any person under the age of 18.

5. Your account

   Access to medCrowd is restricted to Members. In order to be a Member you must over 18 years of age.

   Membership is limited to one user account per Member. It is a condition of use of medCrowd that all the details you provide will be correct, current, and complete. If we believe that the details are not correct, current, or complete, we reserve the right to refuse you access to medCrowd and to terminate or suspend your account.

   You must treat your password as confidential and you must not disclose it to anyone else.

   If you believe your password has become known to someone else, you must a) immediately inform us by contacting support@medCrowd .com and b) be liable for any loss or damage resulting from such unauthorised use or disclosure.

6. Children

   If you are under 18 years old you are not eligible to become a Member (see 5 above). Accordingly, we will assume (and by using medCrowd you warrant) that all Members are over 18 years old and that they have the legal capacity to enter into the agreement set out in these Terms and any contract made via medCrowd.

7. Access to and use of medCrowd

   We are the owner or the licensee of all intellectual property rights in medCrowd, the material on medCrowd (including all text, data, databases, graphics, layout, logos, images, audio material, clips, films or other moving images, algorithms, product or service details and/or software published or otherwise made available on medCrowd from time to time) and the trademarks displayed on medCrowd.

   Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to use App for your personal use only.

   Except as set out in the limited licence above (or as required under any applicable law), no part of medCrowd may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. In particular, you are not permitted to republish any part of medCrowd in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. All the intellectual property rights referred to above remain owned by us or our relevant licensors.

   Members may be offered the facility to store certain electronic materials (such as reports, reviews, advice or opinions) in medCrowd. This storage facility may be limited.

   You are responsible for providing all of the equipment necessary to access medCrowd and for all related third party charges (e.g. telephone charges and Internet Service Provider charges).

   You now undertake that having used medCrowd you will inform us immediately of any:

   1. claim or action against you involving any use of medCrowd and, on request from us, to immediately cease any act complained of, if any, and to take such steps as seem to us reasonably necessary; and
   2. changes affecting your account details. It is your obligation to ensure that your account details are kept entirely up to date.

8. Acceptable use of medCrowd

   Whilst using medCrowd you must:

   1. comply with all applicable laws, regulations and codes of practice, including, in particular all applicable laws protecting the privacy of personal health information and codes of health and care practice regarding the physician-patient privilege of confidentiality, promotional requirements or restrictions relating to pharmaceutical products, medical devices, health and care services, and the reporting of adverse events;
   2. not impersonate another person or use a false name or email address;
   3. not impersonate or misrepresent your connection to any other entity or person or otherwise manipulate headers or identifiers to disguise the origin of the content;
   4. not collect or store personal information regarding other users (unless expressly authorised to do so);
   5. not solicit funds, advertisers or sponsors or make any other unauthorised commercial communications;
   6. not do anything that might jeopardise the security of your account;
   7. not frame or use framing techniques to enclose medCrowd, or any part of medCrowd, or otherwise collect any part of medCrowd, including but not limited to user content, without our prior written consent;
   8. not ask other Members for their medCrowd password or access an account belonging to someone else;
   9. not post any sensitive financial information on medCrowd;
   10. not use App at all if you are a convicted sex offender;
   11. not link to third-party sites containing copyright material in a way that makes that copyright material available to be copied by other Members;
   12. not assign or transfer your account to anyone else either permanently or temporarily;
   13. not gain or attempt to gain unauthorised access to medCrowd, the servers on which medCrowd is stored or any third party server or database connected to medCrowd;
   14. not create any derivative work or make any other adaptation, without our prior written consent;
   15. ensure that any use of our materials, that we have granted you prior written consent to use in accordance with clause 7 above, is limited to only those materials expressly consented to and is subject to ensuring that our copyright notices and trademarks appear as they do on all copies online and customary bibliographical citations including author attribution, date, article title (where applicable) and the URL;
   16. not post, transmit, submit, refer to, make available or link to or from any material which (in our sole opinion):
       1. is untrue, fraudulent, inaccurate or incomplete; and/or
       2. is unlawful, inflammatory, pornographic, hateful, obscene, threatening, menacing, offensive, defamatory, abusive, racist, causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code; and/or
       3. makes excessive demands for bandwidth; and/or
       4. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities; and/or
       5. constitutes political campaigning; and/or
       6. constitutes chain letters or pyramid selling schemes; and/or
       7. constitutes advertising or any other commercial activity (unless approved or otherwise authorised by us); and/or
       8. contains any virus or other harmful code, or which may otherwise impair or harm medCrowd or our computer systems or any third party computer system.

9. Termination or suspension of your access to medCrowd

   At any time and without giving you any advance notice, we may permanently or temporarily and for any reason:

   1. terminate, suspend or deny you access to medCrowd (whether in whole or in part); and/or
   2. remove or edit any content on medCrowd at any time.

   in such circumstances all our liability (as well as the liability of our directors, employees or other representatives) for any loss whatsoever arising from our removing or editing content and/or your limited use of or inability to use the medCrowd (either in whole or in part) is excluded, insofar as it is possible to do so in law.

10. Material that you submit

    Please note that you should consider submitting material to medCrowd in the same way as publishing your work in a scientific or medical journal. Therefore, once you have submitted your material to medCrowd, you may not be able to withdraw it at a later date.

    When you submit material to medCrowd, you do so in accordance with these Terms including, in particular, the following:

    1. you must respect patients' confidentiality and comply at all times with all applicable laws as well as the regulations and guidance governing your healthcare profession in the country where you are located (for example, for UK based users there is specific guidance from the GMC on this issue). Insofar as you do wish to use a patient's personal circumstances within any context on medCrowd, you must either: (a) ensure that there is no way that the patient could possibly be identified from the details that you have provided; or (b) you must have clear and unambiguous authority to disclose those details;
    2. you grant us a royalty-free, worldwide and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license and transmit the whole or any part of your Submissions (including without limitation any of the information, details, ideas, concepts and/or formats contained within it) in any manner and in any format and/or media so that we can make the material available to other medCrowd users who have permission to see your Submissions;
    3. the above licence includes the right to reproduce all such intellectual property as may have been created within a Submission, and to: edit, translate, alter, adapt, perform, display, sub-licence and/or prepare derivative works of that intellectual property in any and all other mediums whatsoever;
    4. to the extent permissible by law, you waive all moral rights subsisting in Submissions anywhere in the world;
    5. you agree that we may (at our discretion) disclose your identity to any third party who is claiming that any Submissions sent by you are defamatory, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), in breach of any of the warranties set out below or otherwise are in breach of or violate any applicable law, regulation or code of practice;
    6. you warrant to us that the content of any Submissions is your own original work and is true, accurate and complete, and that you or your employer own the copyright and any other relevant rights;
    7. you warrant that your Submissions are not: obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law, regulation or code of practice including any guidance issued by your relevant healthcare professional or industry body; and
    8. you understand that whilst medCrowd is privately owned, it is intended to be a resource for health and care teams and that, as such, your contributions to medCrowd, together with the contributions of other Members, are contributions that may be viewed and referred to by other Members in the future.

    You provide these warranties, and the above licence, in consideration of our providing you with access to medCrowd and without further permission or notification from you being required.

    You now acknowledge that any breach of the warranties set out above may cause us damage or loss and you agree to abide by the above warranties and use App only in accordance with these Terms of Use.

    In the event that your unauthorised use of medCrowd results in loss or damage to any person who then brings a claim against us, or that we incur as a result of publishing your Submissions, including all indirect and consequential losses, you agree to indemnify us, immediately on demand and on a continuing basis, for all losses and/or damages arising from such claim.

    Whilst you acknowledge that we do not necessarily pre-screen any Submissions, we reserve the right to remove or suppress, at any time and without reason or prior notice or any liability to you, any material that you have submitted. However you acknowledge that we are under no obligation to do so and assume no responsibility or liability arising from the content of any such Submissions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, privacy disclosure or inaccuracy contained in any Submissions or for any other claims or statements made in respect of your Submissions; all Submissions remain the liability of the submitting Member.

11. Third party links

    medCrowd contains hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites, you do so entirely at your own risk.

12. Advertising and sponsorship

    Parts of medCrowd may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on medCrowd complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limitation, information which is defamatory, obscene, unlawful, threatening or untrue. We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.

13. Disclaimer

    All information and/or data on medCrowd is provided on an "as is" basis and for your information only. Except to the extent strictly required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of medCrowd or its content (whether Submissions or otherwise), including, without limitation, accuracy, adequacy, conformity to description or fitness for any particular purpose and, to the extent permitted by law, all of the same are expressly excluded to the fullest extent permissible by applicable law.

    medCrowd is not intended to be a replacement or substitute for medical, legal or other professional advice. Members contributing to medCrowd may or may not be medically trained and we cannot warrant the accuracy of any of their Submissions.

    Insofar as medCrowd Members present evidence, medDigital does not warrant the reliability of that evidence and anybody reading about such evidence must evaluate it themselves and come to their own conclusions regarding its truth, completeness, accuracy or the accuracy of any conclusions that others may have come to regarding it. We rely on our contributors (including Members who submit material) to confirm the truth, completeness or accuracy of the information that they submit. You should be aware that professionals in any given field may have different opinions. No endorsement or indication is given by us as to whether a particular approach or treatment is generally appropriate or whether it is suitable for a particular individual.

    We strongly recommend that you independently verify any information you choose to rely on. Ultimately, it is your responsibility to make your own judgement(s), taking into account the limitations of evidence from research as well as the unique nature of your circumstances and wishes.

    Neither we nor any of our data providers or affiliates give any warranty or guarantee: (a) relating to the availability of medCrowd; or (b) that medCrowd and/or our operation of it, the content or the servers that make medCrowd available, are error or virus free or free of other harmful components; or (c) that your use of medCrowd will be uninterrupted.

14. Procedures for making claims of copyright infringement

    We respect the intellectual property of others, and we ask medCrowd Members to do the same. If you believe that your copyright work has been copied and is accessible on medCrowd in a way that constitutes infringement, you may notify us by providing the following information:

    1. the electronic or physical signature of the owner of the copyright or the person authorised to act on the owner's behalf;
    2. a description of the copyright work that you claim has been infringed and a description of the infringing activity;
    3. identification of the location where the original or an authorised copy of the copyright work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
    4. identification of the URL or other specific location on medCrowd where the material that you claim is infringing is located; you must include enough information to allow us to locate the material;
    5. your name, address, telephone number, and email address so that we may contact you;
    6. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
    7. a statement by you that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf.

    Please send the above information to support@medCrowd .com.

    Alternatively, you can write to us at:

    medDigital Limited, GG.430, Metal Box Factory, 30 Great Guildford Street, London SE1 0HS

    If you believe that any content has been taken down improperly, you may provide counter-notification that includes the information below.

    1. Your physical or electronic signature;
    2. identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
    3. a statement from you that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    4. your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States of America, for any judicial district in which medDigital may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

15. Limitation of liability

    You agree that we, our directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:

    1. interruption of business; or
    2. access or other delays, terminations, suspensions, denials or access interruptions to medCrowd; or
    3. data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data; or
    4. third party website links on medCrowd; or
    5. reliance on the information contained on medCrowd; or
    6. any obligation that the information on medCrowd be effective or accurate, complete or true; or
    7. the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the content contained on medCrowd; or
    8. computer viruses, system failures or malfunctions which may occur in connection with your use of medCrowd; or
    9. any inaccuracies, omissions or misleading, false or deceptive statement on medCrowd; or
    10. events beyond our reasonable control; or
    11. any warranties that may be implied by statute common law or the law of equity; or
    12. personal injury, including death.

    Notwithstanding any provision of these Terms of Use, we do not exclude or limit our liability for:

    1. fraud or fraudulent misrepresentation; or
    2. any liability which it is not lawful to exclude either now or in the future under applicable law.

16. Indemnity

    You will indemnify, and will keep indemnified, us, our directors, employees, agents or other representatives, our data providers and our affiliates immediately, on demand and on a continuing basis against any liability whatsoever arising directly or indirectly as a result of:

    1. any breach of these Terms by you; or
    2. your fault, negligence or breach of statutory duty; or
    3. any health and care advice provided by you; or
    4. your unauthorised disclosure of personally identifying information;
    5. your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our suppliers; or
    6. your failure to provide accurate, complete and truthful account details.

17. Enforcement

    If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms of Use and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.

    These Terms supersede all prior agreements, arrangements and understandings between you and medDigital concerning medCrowd and constitutes the entire agreement between you and medDigital in respect of medCrowd.

18. Waiver

    No waiver by us of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.

19. Third party rights

    These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

20. Governing law and jurisdiction

    These Terms and/or your use of medCrowd shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction over any disputes or controversies which may arise.