Welcome to www.doocle.com. The Website is owned and operated by Doocle Limited ("We", "Us", “Our”), a company registered in England and Wales with Registration Number 09693471 and registered address at 7-9 The Avenue, Eastbourne, England, BN21 3YA.
The Terms and Conditions is the legal agreement (the “Agreement”) that governs your (“You”, “Users”) use of the Services, whether you are a Patient, Doctor or visitor in the Website. By using Doocle, you confirm that you have read and agreed to be bound by this Agreement. IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORISED TO ACCESS OR USE DOOCLE AND YOU SHOULD EXIT THE SERVICES AND CANCEL ANY CONSULTATION IMMEDIATELY.
We will preserve the text of this Agreement as you entered into, and it will remain available on the Website. However, We encourage you to save or print this Agreement for future reference.
Doocle is NOT for EMERGENCY or URGENT situations.
IF YOU BELIEVE THAT YOU ARE IN AN URGENT OR EMERGENCY SITUATION, YOU SHOULD SEEK IMMEDIATE ASSISTANCE FROM YOUR LOCAL DOCTOR / EMERGENCY ROOM. DO NOT USE DOOCLE.
1.1 The Doocle platform enables Patients and Doctors or other medical professionals to schedule video consultations for medical advice through a real-time connection using video streaming (collectively the “Services”).
1.2 We provide the Services remotely. The Services include:
remote video and voice consultations with Our healthcare professionals;
the ability to enter questions and symptoms to determine the best course of action for healthcare needs;
the ability to ask questions of Our healthcare professionals;
the ability to upload images for the medical professional to use; and
access to healthcare records as uploaded onto Doocle only. Doocle medical professionals will access your medical records only from the Services.
1.3 The Services are delivered through the Website and any other platform that We may provide.
1.4 Some medical conditions are not suitable for remote consultations. Patients should always seek advice from a medical doctor in person if they have concerns about medical needs and advice being communicated through the Services.
2.1 You can register for an Account if you are at least 18 years of age.
2.2 Children or young persons under the age of 18 may not use the Services.
2.3 To sign up, you must provide your full name, telephone number, email address and complete address. You warrant that any information you submit is yours, accurate, complete and up-to-date.
2.4 Your Account is not transferrable. You are solely responsible for maintaining the confidentiality of your Account and registration credentials. You are also fully responsible for all activities that occur under your Account, whether or not you actually authorised them. We take no liability for any loss or damage arising from their unauthorised use.
2.5 You should notify Us immediately of any unauthorised use of your Account and logins or any other breach of security that you know or suspect.
This Agreement is binding between you and Us as soon as:
3.1 You receive the confirmation for your Account and logins from Us; or
3.2 You access or use the parts of the Services that are not dependent on creating an account.
4.1 If you are a Patient, you are ultimately responsible for choosing your own Doctor and communicating with the Doctor through the Services.
4.2 You acknowledge that the medical services provided by Doctors through the Website differ from the typical diagnosis services offered by other qualified healthcare providers. Doctors will not have the benefit of information that would be obtained by examining a Patient in person and observing your physical condition and, consequently, may be unaware of information that would affect the nature of the medical services provided.
4.3 You agree to contact a Primary Care provider immediately should your condition change or your symptoms worsen. If you are not registered with a Primary Care provider, you agree to contact a local hospital for advice.
4.4 You acknowledge and agree that any complaint, grievance or claim you may have that is in any way connected with a Doctor and/or Doctor’s practice must be addressed and brought directly against the Doctors or their practice, and not against Us.
5.1 We make no representation or warranty as to the content of any advice, treatment or other response from any Doctor / medical professional. Doctors are independent contractors and not Our employees. We do not endorse any views expressed or advice provided by Doctors.
5.2 We do not guarantee that a remote consultation is the best course of accessing advice or indeed the appropriate course of treatment for a particular healthcare concern or medical issue. The absence of a physical examination may affect the Doctor’s ability to diagnose your condition, disease or injury.
5.3 The Services are not substitute for a primary care provider. Doocle is for second opinions only and is not intended to replace a full medical evaluation or an in-person visit with a healthcare provider. Any diagnosis provided by Doctors to a Patient is limited and provisional. You should discuss any second opinion provided by a Doctor through the Services with your own healthcare provider.
5.4 The Content on Our Website is provided for education, scheduling, booking appointments, allowing communications between the parties and general information only. You must not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider based on what you have read on the Website.
5.5 The Content provided on the Website about the Doctors has either been obtained by Us from generally available public records and databases, written by Us from publicly available information and databases, or has been submitted to Us by Doctors. We do not provide medical services.
6.1 Any provision of medical services by the Doctor to you is directly between both of you as two parties. You acknowledge that We are not a party to such arrangement, booking or contract. The provision of any medical services including second opinions by a Doctor to you shall be governed by your contract with each other.
6.2 “Medical Services” means the medical consultation, advice, treatment, assistance, procedure or other services that the Doctor will provide to you through the Doocle platform.
6.3 Neither use of the Services nor any other communication with Us shall create a Doctor-Patient relationship with Us.
6.4 We are not an employer of the Doctors, nor do We guarantee to introduce any quantity of Patients to Doctors.
6.5 We have no control over and cannot guarantee the availability of any Doctor at any particular time. We will not be liable for cancelled or otherwise unfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Services whatsoever.
6.6 You are strongly advised to perform your own investigations on the Doctor, including, but not limited to, making confirmatory telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, or contacting and speaking with a current Family Physician / Primary Care provider and the medical association(s) relevant to the Doctor’s specialty.
7.1 Consultations are charged per blocks as set by your chosen Doctor.
7.2 Patients may only purchase a complete Consultation and not individual minutes.
7.3 Rebate, refund or compensation will not be given to the Patient for non-usage of any partial or full time available in a Consultation, nor for failing to prevent the start of a new Consultation.
7.4 If you end a Consultation, this may prevent the communication and receiving of the Services. We are in no way liable if you choose to end the consultation prematurely.
7.5 Consultation times are subject to change and are only made available to Patients at Our sole discretion. If the Service is inaccessible or there are no appointments available to suit you, you miss an appointment you have made or start a connection that fails or attend an appointment that has been cancelled, you understand and agree that it is your sole responsibility to seek appropriate alternative medical advice from alternative service providers.
7.6 We may record consultations, activity, and data for the purposes of providing the Services, ensuring the quality of the Services, and allow you to view the recordings of your use of Services in your ’Past Appointments’ section.
7.7 Authorised members of Our clinical team may utilise consultation recordings for audit and quality monitoring purposes.
7.8 Consultation recordings should not be published on social media or any other media sharing platforms. If you breach this term, We may suspend your access to the Services, terminate your Account, and take legal action against you.
8.1 Any medical advice offered and/or diagnosis provided by a Doctor is based on your recall and description of the symptoms affecting you and/or by reliance on personal health data that you authorise the Services to obtain.
8.2 You warrant without exception that any information you provide is honest, legitimate and an accurate representation of your situation as you see it. With regard to information from other service providers or otherwise uploaded to the Services, you warrant and confirm that such additional information is accurate, legally provided and was not tampered.
8.3 You may choose to give access only to certain portions of your medical information, but this may interfere with the care you receive from the Doctor and/or your care generally.
8.4 You may NOT, under any circumstances, amend, alter or tamper with the contents of any documents created or issued via the Services.
8.5 At any time, you may be notified that information is available for your review that is considered private and probably time-sensitive.
9.1 The provision of any Service is subject to payment in full of any costs relating to consultation, administrative and/or delivery fees that you incur in relation to the Services pursuant to the published fees.
9.2 The Fees may change at any time, but the changes will not affect any Services already ordered.
9.3 The Fees exclude:
VAT, where applicable;
reasonable credit card and other processing fees, where these are incurred.
9.4 We do not accept payment by insurers on your behalf at this time, unless We expressly provided for in writing at Our sole discretion.
9.5 Any and all fees and charges, without exception, incurred on your Account are your responsibility as the account holder.
9.6 The Services may not be provided, or consultations ended or cancelled if your billing information is inaccurate, invalid, without funds or any pre-authorisation required for payment provides a negative response.
10.1 The amount of Fees at the time you sign up and made payment will be the applicable Fees for the then-paid Service.
10.2 We reserve the right to change the Fees from time to time. We will notify you of the changes through email or posting on the Website whenever applicable and relevant.
10.3 Unless otherwise specified, the changes will apply to your next use of the Services.
10.4 If you do not agree with the changes, you must notify Us and not use the related Service.
10.5 Your continued use of the Service, or any part or element thereof, after the effective date of the change, shall indicate your consent to the changes.
11.1 If you are a consumer in the EU, you may withdraw your use of the Services within 14 days from the date that you paid the Fees (“Cooling Off Period”), ”), without giving any reason for doing so. Whenever applicable, you have the rights and protection provided by the laws of your country and/or in the EU.
11.2 You have the option to waive your rights in relation to the Cooling Off Period so We can instantly start providing you the Services. If you choose not to waive this right, you acknowledge that We will not provide any Services to you for the duration of the Cooling Off Period.
11.3 You must notify Us about the withdrawal by sending Us an email at email@example.com.
11.4 Your withdrawal is effective if sent within the Cooling Off Period, even if We receive it later.
11.5 We will send you a confirmation email within 15 days from receipt of your application to withdraw.
11.6 In the event of effective withdrawal, you will be refunded with the Fees, less the processing fees within 14 days after We have confirmed that the withdrawal is valid.
11.7 If you use the Services within the Cooling Off Period and you subsequently choose to cancel within that Period, then We may reduce the amount of any refund to recover the cost of any services which We have already begun to perform.
11.8 For withdrawals and returns after the Cooling Off Period, We will assess each claim on an individual basis. It will be at Our own discretion whether a full/partial refund should be issued.
12.1 The Fees and other payments shall be charged directly to your credit card or provided method of payment.
12.2 You agree to provide updated information regarding your credit card or payment method at any time the information is needed.
12.3 You authorise such credit card to pay any amount described herein.
12.4 You confirm that your credited card has sufficient funds, credit facilities and valid expiry date to cover the payment.
12.5 You will receive an electronic invoice following your appointment request.
12.6 An electronic receipt will be sent once the payment has been processed following the consultation.
12.7 In case of payment delay, you will not be able to use any chargeable features of the Services until the payment due has been fully paid.
12.8 Upon delay with any payments, you may be required to pay interest on the delay (penalty for late payment) for the period as of the time the payment obligation falls due until conforming performance is rendered. We reserve the right to assess reasonable interest charges on any amounts not paid by the date such payments are due as well as any additional processing or servicing fees incurred during said time.
12.9 You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, monthly use, overdraft, insufficient funds, and over the credit limit fees.
12.10 All payments will be in the chosen currency (GBP, EUR, AED, SAR, USD) of your doctor. You may have to incur costs for conversion and transfer of money if applied by your financial service provider.
12.11 Other payment methods are accepted only if provided on Our Website.
12.12 If invoiced directly by Us, account details will be provided to facilitate payment.
13.1 The Services integrate the services provided by Worldpay to facilitate the acceptance of your payments.
13.2 It is your responsibility to provide sufficient data to allow Worldpay to validate your account.
13.3 Worldpay is responsible, and We shall not be liable for any matter in connection with the processing of your payments.
13.4 You agree to notify Us or Worldpay about any billing problems or discrepancies within 60 days after they first appear on your account statement. If you do not do so within 60 days, you agree that you waive your right to dispute such problems or discrepancies.
13.5 Your use of the Services in conjunction with Worldpay is solely at your own risk. In the event that Worldpay or any other payment provider in the Services cannot facilitate your payment, to the maximum extent permitted by law, under no circumstances will We, Our officers, directors, employees, agents or licensors, be liable to you or anyone else for any loss or injury or any direct, indirect, special or other consequential damages arising out of or in connection with your access or use of, or inability to access or use the Service even if We have been advised of the possibility of such damages.
13.6 We and Worldpay are independent entities, and nothing in this Agreement does or attempts to represent any partnership, agency, or employment relationship between Us and Worldpay.
13.7 We may partner with and use other third-party payment service providers to handle all payments. We will notify you of such change by email not less than 30 days before it takes effect.
13.8 Should Worldpay not be functioning, We will invoice you directly and provide you with the necessary account details.
14.1 If the provision of the Services is delayed by an event outside of Our control, We will contact you to let you know. We will take steps to minimise the effect of the delay.
14.2 We do not refund Fees already paid, give refunds or credits for periods when you did not use the Service, used it only partially, or terminated during an ongoing payment interval, unless otherwise explicitly provided in this Agreement
14.3 All refunds will only be issued through the original form of payment.
14.4 No refunds shall be granted for discounts, vouchers, or coupons availed as part of the Service.
14.5 Self-issue refunds available via your payment card provider’s chargeback services may be disputed with incurred fees and costs.
15.1 “Doctor” refers to any medical practitioner participating in the Doocle platform.
15.2 The Doctors are independent medical professionals who are individually responsible for the medical advice they offer via the Services.
15.3 We do not offer the medical services. Only the Doctors provide the medical Services under circumstances that are appropriate, legal, responsible and as the result of discussion and mutual agreement between the Patient and Doctor.
15.4 The Doctor, at his or her sole discretion, provides a diagnosis based on his or her own professional judgement and legal obligations, and the information communicated by the patient. Note that online consultations have limitations in this regard and an online diagnosis must not be substituted for a face-to-face consultation with relevant history-taking, physical examination, and interpretation of investigations in person.
15.5 Every Doctor is required to ensure that he/she hold relative and current licenses, certifications, accreditations and medical indemnity insurance to provide medical Services as required by law to practice the specialties of the medical Services offered by him/her in your jurisdiction.
15.6 Notwithstanding the foregoing, We make no representations, warranties, or guarantees, whether express or implied, as to any Doctors’ professional qualifications, expertise, eligibility, quality of work, price or cost information, insurance coverage or insurance fee assurance, benefit information or other Content. It is the sole responsibility of the Doctor to be eligible and capable of providing the appropriate medical services under the law of your jurisdiction. Patients in a different jurisdiction acknowledge that Doctors provide medical services to them in accordance with the law of the Doctor’s jurisdiction, even if that session is online via the Services.
15.7 Doctors in the Doocle platform are required to acknowledge and agree to the Terms and Conditions for Doctors found here: T&C for Doctors
16.1 The Services can be used to upload X-rays and scans of Patients for Doctors to review.
16.2 A Patient’s electronic medical record (EMR) is created to document, store and access the Patient’s personal health information online, including medical history, current health conditions, symptoms, complaints, allergies and medications, and for the Doctor to record the results of the medical encounters with the Patient in accordance with the Doctor’s obligations under applicable law.
16.3 Any information provided as part of a consultation becomes part of the Patient’s EMR when attached to the records by the Doctor. If a Patient wants a particular detail added to his EMR, it is the Patient’s responsibility to express this view to the Doctor whilst in consultation.
16.4 The Doctors may choose not to store the result of the medical encounter with Us, but rather in their own medical records system. Any written record of a medical encounter should be requested from the Doctor directly and not from Us.
16.5 We do not update or monitor the EMR nor accept responsibility for ensuring that all activity through the Services is logged. We are not responsible for maintaining a complete record of all data arising from the use of the Services. We reserve the right to maintain, process, review, delete or destroy all communications and materials posted or uploaded to the Services.
17.1 Documents sent by email are deemed to have been sent once the Services marks the email containing the document as “correct” and “sent”.The records shall be accepted, without question, as proof that We have sent the document and fulfilled Our obligation to provide the same.
17.2 If you do not contact Us and inform Us of an issue, We will deem that the documents have been received within twenty-four (24) hours of them being marked as sent.
17.3 We are not responsible for the spam, junk or mail receipt prevention tactics of email service provider/host, which may, for whatever reason, be outside of Our control.
18.1 You are agreeing to opt-in to the receipt of newsletters and other information regarding common medical and health-related topics or preventive care messages containing specific medical and health-related information, links to other related websites and specific questions related to your Account.
18.2 Additionally, We make available self-care informational Services that provide general medical and health information. These communications and resources are medical text that do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only and should not be relied upon as a substitute for patient-specific advice, medical diagnosis, and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services.
18.3 The information contained in these communications and resources is compiled from a variety of sources and may or may not be considered authored by Us. We make no warranty as to the content of these materials or the information contained therein, neither does it represent or warrant that any particular drug or treatment is safe, appropriate or effective.
18.4 If you do not wish to receive such communications, you may opt-out at any time.
19.1 Any content that you store or post through the Services (“User Content”) remains your own. User Content is not content you received or used from Our libraries or through the Services in any other way.
19.2 You hereby grant Us a limited worldwide license to use, access, copy, modify, distribute, reproduce, store, transmit, reformat, edit, translate, make derivative works of, publicly display and publish the User Content to the extent needed from Us to provide Services to you. The license you grant Us is non-exclusive, fully-paid and royalty-free, transferable and sub-licensable.
19.3 If you provide Us with any comments, bug reports, feedback, or modifications (“Feedback”),We shall have the right to use such Feedback as User Content.
19.4 We do not monitor the User Content. You are solely responsible for your User Content and liable for any consequences of publishing or transmitting such content. You confirm that you have the right to publish or transmit such User Content and that such actions do not violate this Agreement, applicable law, or the intellectual property rights of any third person. You must ensure that no private content is accidentally made public.
19.5 However, without assuming any obligation to do so, We may delete any User Content or suspend or terminate any account at Our sole discretion. We may take such actions without any prior notification to the account owner.
19.6 We are not required to keep backup copies of User Content once it is removed or deleted for whatever reason. We make no guarantee that User Content will be safely stored. To be safe, you should independently backup your User Content, to the extent permitted herein and by applicable laws and regulations.
20.1 Other users or third parties may provide content (“Third-Party Content”) during the provision of Services or redirection to other websites. We expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of such Third-Party Content linked through the Services. We do not endorse any such Third-Party Content, or the information, material, products, or Services contained on or accessible through the content.
21.1 We do not pre-screen Our Content. We may, but do not have the obligation to, remove or refuse Content and Accounts containing content that We, in Our sole discretion, determine to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, otherwise objectionable or violate this Agreement or any party’s intellectual property.
21.2 While We prohibit any illegal or malicious Content, you understand and agree that We cannot be responsible for the Content posted (including by other users or third parties) and you may be exposed to such materials. We accept no liability for the retention and availability of such Content.
22.1 You may use the Services for lawful purposes only. The Services are allowed to be used only within the scope, means, and purposes for which they were created and made available to you. Any such use must be done in compliance with this Agreement and applicable laws.
22.2 You must not use the Services:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with Our content standards;
to interfere with any other user’s use or enjoyment of the Services;
to attempt to clinically diagnose yourself;
to prescribe treatments to other users unless with a Doctor and in the manner required by this Agreement;
to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
22.3 You are not permitted to use the Services for illegal, harmful, misleading, fraudulent or other malicious purposes, or to publish or communicate any unlawful, defamatory, violent, harassing, sexually explicit or otherwise objectionable content.
23.1 While We have taken all reasonable steps to ensure the accuracy and completeness of the Services, We exclude any warranties, undertakings or representations (either express or implied) to the full extent permitted under applicable law, that the Services or (including without limitation) all or any part of its content or materials, are accurate, appropriate or available for use either in the United Kingdom or in other jurisdictions.
23.2 We disclaim any and all warranties, expressed or implied, in connection with the Services. The Services are provided to you “as is” and “as available” and We do not warrant or represent any quality, fitness for purpose, non-infringement, completeness or accuracy of the Service.
23.3 We do not warrant that the collection, transmission, and storage of personal data is secure at all times.
23.4 We are not responsible for any difficulties in operating or using the Services that are caused by the web hosting service provider, social media service provider, your internet service provider or any other third party unless required by applicable law.
23.5 If you use the Services from other jurisdictions, you are responsible for compliance with applicable local laws.
24.1 To the maximum extent permitted by law, We accept no liability (including without limitation) in either contract, tort, negligence, statutory duty or otherwise (to the maximum extent permitted by applicable law) arising out of the use of or access to the Services (which includes without limitation) any errors or omissions contained in the Services or if the Service is unavailable and We shall not be liable for any direct or indirect:
economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings);
loss of goodwill or reputation;
special, incidental, consequential loss or damage, suffered or incurred arising out of or in connection with your use of this website and these terms and conditions.
24.2 In any event, Our aggregate liability is limited to the amount that you have paid to Us for the Services during the one month immediately preceding that month in which the event giving rise to Our liability occurred.
24.3 OUR LIABILITY FOR THE SERVICES UNDER ALL THEORIES OF LIABILITY SHALL BE LIMITED TO REFUNDING THE FEE OF SUCH SERVICE. AT OUR REQUEST, YOU WILL PERMIT US TO INSPECT ANY ALLEGEDLY DEFECTIVE PLATFORM.
24.4 You expressly agree that in case of termination of this Agreement for any reason, this clause will survive.
24.5 Nothing in this Agreement excludes or limits Our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
24.6 We shall bear no liability for any loss or damage caused by the negligence of the Doctors or their failure to hold appropriate licenses, certifications, accreditations and insurances to provide medical services lawfully.
25.1 You agree to indemnify and hold Us and Our affiliates harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Services, representations made to Us and/or third parties, violation of this Agreement, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.
25.2 We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Us, and you agree to cooperate with such defence of these claims.
26.1 With the exception of your EMR, the Services, including without limitation, the Website, Our Content, and any parts or elements thereof ("Doocle Materials")are solely and exclusively owned and operated by Us and Our third-party vendors and hosting partners. Doocle Materials are protected by European copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Doocle Materials are Our copyrighted property, or of Our affiliates and/or third-party licensors. Furthermore, all trademarks, service marks, and trade names contained in the Doocle Materials are Our proprietary property, or of Our affiliates and/or third-party licensors. Your use of the Services does not grant you ownership of any content, code, data or any part of the Doocle Materials you may access on or through the Website.
26.2 Any commercial or promotional distribution, publishing or exploitation of the Doocle Materials is strictly prohibited unless you have received the express prior written permission from Us or the otherwise applicable rights holder.
26.3 We reserve all rights to the Doocle Materials not expressly granted in this Agreement.
27.1 You may not copy, distribute, modify, post or frame-in the Services without Our prior written permission.
27.2 Unless outlined by a specific agreement between you and Us, any link created from another website to the Services must resolve to the top-level homepage of the Website.
29.1 We are constantly innovating and improving the Services. Any new features, functions, enhancements, and developments in the Services, including the release of new tools and resources, shall be subject to this Agreement.
29.2 We reserve the right to modify the Services or any part or element thereof from time to time without prior notice. For the avoidance of doubt, We may:
rebrand the Services at Our sole discretion;
change, stop providing or discontinue to develop any particular Service or part or element of the Website temporarily or permanently;
take such action as is necessary to preserve Our good name at Our sole discretion, upon any use of the Services that may be reasonably interpreted as a violation of Our intellectual property rights, distribution of Internet viruses, worms, Trojan horses and other destructive activities or illegal activity.
29.3 Your continued use of the Services, or any part or element thereof, after the effective date of the change, shall indicate your consent to the modifications.
29.4 We shall not be liable to you or to any third person for any modification, suspension or discontinuance of the Services, or any part or element thereof.
30.1 We reserve the right to temporarily suspend or terminate your access to the Services at any time at Our sole discretion, without incurring liability of any kind to you for:
your suspected violation of this Agreement;
your use of the Services in a manner that may cause Us to have legal liability or disrupt others’ use of the Services;
the suspicion or detection of any malicious code, virus or other harmful code from you or in your Account;
scheduled and recurring downtime;
use of excessive storage capacity or bandwidth;
unplanned technical problems and outages; or
you have ceased to operate in the ordinary course, made an assignment for the
benefit of creditors or similar disposition of assets, or become the subject of any bankruptcy, reorganisation, liquidation, dissolution or similar proceeding.
30.2 In addition, We may terminate this Agreement and your right to access and use the Services by way of cancellation for any reason or no reason by giving thirty (30) days’ prior notice to you
30.3 You acknowledge and agree that if We disable your access, you will be prevented from using the Services and you may not be able to access User and Content information associated with your Account.
31.1 You may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer this Agreement or delegate any of your rights and/or obligations under this Agreement without Our written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable.
31.2 Notwithstanding the foregoing, We, or Our permitted successive assignees or transferees, may assign or transfer this Agreement or delegate any rights or obligations hereunder without consent: (a) to any entity controlled by, or under common control with Us, or Our permitted successive assignees or transferees; or (b) in connection with a merger, reorganisation, transfer, sale of assets or product lines, or change of control or ownership of the Services, or its permitted successive assignees or transferees.
32.1 This Agreement applies to the maximum extent permitted by law. In case some provisions of this Agreement will be deemed to be enforceable or invalid by the court, it will not affect other provisions. We shall replace the invalid provisions with similar terms that are enforceable under relevant law and derive from the nature of the whole contract.
32.2 This Agreement is in the English language. English is also the communication language between you and Us. We may but are not obligated to communicate with you in any other language.
32.3 We may agree upon Special Terms, which are also an inseparable part of this Agreement. In case of conflict, the Special Terms shall prevail.
32.4 You and Us will act solely as independent contractors. This Agreement shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between you and Us, and you shall not represent to the contrary, whether expressly, by implication, appearance or otherwise.
32.5 We cannot be held liable for breach of Agreement in connection with acts of God, force majeure, disruption or total or partial strike of postal services and transport and/or communications, flood, fire, acts of terrorism, acts of war. We cannot be held liable if the site is unavailable due to a technical problem on the server hosting company, the occurrence of any abnormality or defect of ISP, and the interruption of traffic. You expressly agree that in case of termination of this Agreement for any reason, this clause will survive.
32.6 Failure of either party to exercise or enforce any provision of or any of its rights under this Agreement shall not be deemed a waiver of future enforcement of that or any other provision or right.
32.7 This Agreement is not intended to benefit or be enforceable by any third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
33.1 If you have a complaint about any aspect of Our Services, you agree to seek for a solution informally by contacting Us through firstname.lastname@example.org.
33.2 If a dispute is not resolved within 15 days, any of Us may bring a formal arbitration proceeding.
33.3 Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be one to three as deemed necessary.
The seat, or legal place, of arbitration shall be in the United Kingdom.
The language to be used in the arbitral proceedings shall be English.
33.4 You agree that after the failure to resolve the dispute informally as described above, all disputes, actions, claims or causes of action related to this Agreement shall be brought only in the courts located in the United Kingdom.
33.5 You agree to bring any claim related to this Agreement within one year starting from the date you could first bring the claim. In case you are a consumer and in cases of intentional breach of this limitation of claim, the expiry period is not applicable, and the expiry period provided by relevant law shall instead be applied.
34.1 This Agreement (and any further rules, policies or guidelines incorporated by reference therein) shall be governed by and construed in accordance with English Law, without giving effect to any principles of conflicts of law. In relation to any legal action or proceedings to enforce this agreement or arising out of or in connection with this agreement (‘Proceedings’) each of the parties irrevocably submits to the exclusive jurisdiction of the English courts and waives any objection to Proceedings in such courts on the grounds of venue or on the grounds that the Proceedings have been brought in an inconvenient forum.
34.2 The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not be applied to this Agreement.
Company Registration Number and Address:
7-9 The Avenue, Eastbourne, England, BN21 3YA