These terms and conditions govern your use of the Medical Directory Platform, and your purchase of medical and healthcare services through it. By accepting these terms and conditions, you agree to enter into a contract with Medical Directory Limited of 85 Great Portland Street Great Portland Street, First Floor, London, England, W1W 7LT (referred to as “Medical Directory”), as set out below.
Medical Directory is not a provider of medical or healthcare services. Other than providing access to the Platform for booking appointments and handling payments, Medical Directory is not involved with any interaction between you and any Medical Professional.
2.1.We will provide you with access to the Platform, through which you can browse Medical Professionals with whom Medical Directory has chosen to collaborate, and to contact Medical Professionals directly to purchase Services.
2.2.You acknowledge that Medical Directory acts only as an intermediary to introduce you to Medical Professionals, and Medical Directory does not provide any Services.
2.3.We do not guarantee that any Medical Professional will be available to meet your specific requirements. While we make reasonable efforts to vet the Medical Professionals that use our Platform, we cannot guarantee the suitability of any Medical Professionals for a Patient’s specific needs or guarantee the quality, accuracy, and timeliness of any Medical Professional’s Services provided to Patients. Medical Directory does not direct and has no control over delivery of any Medical Professional’s Services. Medical Directory does not review, endorse, or sanction statements a Medical Professional may post on the Platform. We encourage Patients to research any Medical Professional before purchasing their Services..
2.4.We reserve the right to remove the listing of Medical Professionals from the Platform or to decline to pass on your requests for Services to Medical Professionals through the Platform at any time at our sole discretion, for reasons including notification of a claim of infringement of third party Intellectual Property Rights, failure to make any payments due, or any breach of these terms and conditions.
2.5. You acknowledge that Medical Directory has no authority to enter into any agreement with a Medical Professional on your behalf.
2.6. You acknowledge that Medical Directory and the Platform operate solely to introduce you to Medical Professionals and to facilitate payment for your purchase of Services from Medical Professionals. Medical Directory is not a party to any contract you may enter into with any Medical Professional and will not have any liability or obligation to you whatsoever in relation to your engagement with any Medical Professional or the provision of any Services.
2.7.You are responsible for any agreement with any Medical Professional and you must ensure that any agreement entered into with any Medical Professional for the provision of their Services (written or otherwise) requires remuneration to be remitted through the Platform.
2.8.You shall provide us with a copy of any agreement entered into with any Medical Professional upon our request, so that we may verify your compliance with clause 2.7.
2.9.You affirm and agree that you are not specifically relying on any statements, or materials contained on the Platform or otherwise made available by Medical Directory to make any purchasing decision.
3.1.You acknowledge and agree that, without the prior written consent of Medical Directory, you shall not at any time outside of the Platform directly communicate with or engage any Medical Professional found through the Platform in such a way as to avoid making payment for any Services through the Platform.
3.2. If a Medical Professional contacts you directly as a result of an introduction by Medical Directory, including on the Platform, you shall immediately refer such correspondence to us and refrain from communicating with the Medical Professional.
3.3.If you act in breach of this section 3, you acknowledge that Medical Directory may suffer financial and other losses, and you hereby indemnify Medical Directory in relation to any such losses and other financial penalties that Medical Directory may impose at its sole discretion without limitation.
3.4.This section 3 shall indefinitely survive termination or expiry of these terms and conditions.
3.5.This section 3 shall not apply to relationships between you and any Medical Professional with whom you have a relationship that pre-dates your use of the Platform and which can be demonstrated by way of documented evidence of such prior collaboration.
4.1. Medical Directory collects fees and amounts owed from you to (a) any Medical Professional for Services agreed to be provided through the Platform, and (b) Medical Directory for the access to the Platform as may be notified to you from time to time. All sums received by Medical Directory are non-cancellable and non-refundable by us in any circumstances. You may be able to seek a refund of any payments for Services made directly from any Medical Professional, subject to the terms of your agreement with them.
4.2.You remain responsible for the payment of any applicable taxes in relation to the payment of sums made by you under these terms and conditions.
4.3.Your remittance of payment to Medical Directory is your confirmation that you have agreed to purchase the applicable Services.
5.1.You must not access or use the Platform except as permitted by these terms and you must not do, omit to do, or authorize any act that would or might invalidate or be inconsistent with our intellectual property rights on the Platform. In particular, you must not and must not permit any other person to: .
5.1.1.resell, assign, transfer, distribute or provide others with access to the Platform or any of our materials;
5.1.2.use the Platform to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
5.1.3.use the Platform in any way that damages, interferes with or interrupts the availability of the Platform;
5.1.4.introduce malicious programs into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks, including viruses, worms, trojan horses and e-mail bombs;
5.1.5.reveal your account password to others or allow others to use your account;
5.1.6use the Platform to carry out security breaches or disruptions of a network;
5.1.7.use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Platform;
5.1.8.send any unsolicited messages through or to users of the Platform or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Platform in breach of any person’s privacy (such as by way of identity theft or “phishing”);
5.1.9.use the Platform to circumvent user authentication or security of any of your networks, accounts or hosts or those of your customers or suppliers.
5.2.Any non-compliance by you with these terms shall give us the right to suspend provision of the Platform to you and access to your account, and to terminate our relationship with you without liability.
6.1.These terms and conditions may be terminated immediately by either party for failure of the other party to comply with any material term of these terms and conditions, unless the failure to comply has been remedied within 30 days of notification of such failure.
6.2.Upon termination of these terms and conditions for any reason and unless specified otherwise herein, all rights and licences granted pursuant to these terms and conditions shall cease.
7.1. Each Party represents and warrants to the other that: (a) these terms have been duly executed and delivered and constitutes a valid and binding agreement enforceable against such Party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such Party’s execution, delivery or performance of these terms; and (c) the execution, delivery and performance of these terms does not and will not violate (i) the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound or (ii) any applicable law or regulation.
7.2. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, MEDICAL DIRECTORY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE PLATFORM, OR ANY ACTIVITIES OR ITEMS RELATED TO THESE TERMS INCLUDING ANY CREDENTIALS OR QUALIFICATIONS OF ANY MEDICAL PROFESSIONAL OR AS TO THE NATURE OF ANY SERVICES OFFERED BY THEM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDICAL DIRECTORY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. THE PLATFORM IS PROVIDED “AS IS” AND MEDICAL DIRECTORY DOES NOT WARRANT THAT ALL ERRORS OR DEFECTS CAN BE CORRECTED, OR THAT PROVISION AND OPERATION OF THE PLATFORM SHALL BE UNINTERRUPTED OR ERROR- FREE.
7.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MEDICAL DIRECTORY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR INDIRECT OR SIMILAR LOSSES OR DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, COSTS OR DAMAGES DUE TO LOSS OF PROFITS, BUSINESS OPPORTUNITIES, REVENUE, GOODWILL, PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR THE LOSS OR COST OF RECREATING ANY DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, EVEN IF MEDICAL DIRECTORY WAS ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
7.4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF MEDICAL DIRECTORY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM WILL NOT EXCEED £100. .
7.5.You agree to indemnify and hold harmless Medical Directory and its affiliates, officers, directors, employees, representatives and agents from any and all claims, actions, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to: (a) your use of the Platform; (b) your receipt of any Services; and (c) your violation of these terms.
8.1.We are entitled to amend or vary these terms and conditions from time to time at our sole discretion.
8.2. We are entitled to assign or license all of the rights granted to us under these terms and conditions to any third party. You shall not be entitled to assign or sublicense your rights under these terms and conditions.
8.3.If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these terms and conditions.
8.4. These terms and conditions and the documents referred to in them constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
8.5.These terms and conditions shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the courts of England in relation to any disputes arising under them.