13. TEMPORARY USE LICENCE GRANTED
For the duration only of being logged into your Account from time to time, and subject to your compliance with these Terms and Conditions, you are hereby granted a non-exclusive, non-transferable, temporary licence to use the Website and the Services solely for personal, non-commercial use. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Website (including its software and documentation), create derivative works based on or in any manner commercially exploit the Website or the Services, in whole or in part.
You may not make any form of recording of any consultation as this would be a breach of these Terms and Conditions and also a violation of data protection law.
You must not misuse our site by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Client Space/Website, the server on which our website, app or related materials are stored or any server, computer or database connected to the Client Space/Website. You must not attack our site or app via a denial-of-service attack or a distributed denial-of-service attack; by breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
You may link to our website home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site on any website that is not owned by you. We reserve the right to withdraw linking permission at any time.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
If you wish to make any use of content on our site other than that set out above, please Contact Us.
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. OptiMale has no control over the contents of such sites or resources.
15. INTELLECTUAL PROPERTY
With the exception of your EMR, OptiMale (or its licensors) retains all right, title and interest in and to the OptMale name, the Services and any information, products, documentation, software or other materials used in relation to or made available via the Client Space/Website, along with any patent, copyright, trade secret, trade mark, service mark or other intellectual property right in any of the foregoing in any territory.
You will not store, copy, modify, lease, loan, sell, distribute, transfer, display, reverse engineer, reverse assemble or otherwise attempt to discover any programming code or any source code used in or with the Client Space/Website (save to the extent required for you to make back-up copies of such software or arrange its inter-operability with other packages).
You acknowledge that violations (as determined at OptiMale’s sole discretion) of these intellectual property protections may lead to formal legal action. Save as set out in these Terms and Conditions you have no right to use any of the intellectual property rights associated with the Client Space/Website without the prior written consent of OptiMale.
16. LEGAL NOTICES AND DISCLAIMERS
Medical Disclaimers: OptiMale makes no representation or warranty as to the content of any treatment response from any Practitioner; Practitioners are independent contractors and not employees of OptiMale and any views expressed or advice provided by Practitioners are not necessarily endorsed by OptiMale. You and your Practitioner are solely responsible for all information provided and/or advice given via the Service.
Always seek the advice of a doctor or other qualified healthcare provider regarding any medical concerns – and before starting, stopping or modifying any treatment or medication – even if you have already obtained medical advice via or read relevant material on the Website.
OptiMale does not guarantee that a video/chat/phone consultation is the best course of accessing advice or indeed the appropriate course of treatment for your particular healthcare concern or medical issue. Furthermore, OptiMale is not a substitute for your primary care provider. You agree to contact your GP immediately should your condition change or your symptoms worsen (if you are not registered with a UK doctor you agree to contact your local walk-in centre or hospital for advice). If you require urgent care, you should contact your nearest emergency services centre immediately.
Content Disclaimers: No information whatsoever or howsoever found on OptiMale (other than advice provided by a Practitioner in a consultation) should be relied on as medical advice, professional or otherwise. Nothing contained on this Client Space/Website should be construed, directly or indirectly, as the practice of medicine by OptiMale, which only arranges the service of connecting you to a Practitioner. Should there be an issue with any of the medical services you receive from Practitioners via the Client Space/Website, you can Contact Us.
OptiMale makes no warranties or representations as to the accuracy of articles and other material published on the Client Space/Website and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such material.
General Disclaimers: We do not guarantee that the Client Space/Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology and computer programmes in order to access the Client Space/Website. You should use your own virus protection software.
You are also responsible for ensuring that all persons who access the Client Space/Website through your internet connection are aware of and comply with these Terms and Conditions.
OptiMale MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH OPTIMALE OR ITS SERVICES.
OptiMale does not endorse the promotions, products or services of any third parties, nor does it warrant or validate the accuracy of any third party advertisements, promotions, communications or other materials. OptiMale does not assume any responsibility or liability for the accuracy of information contained on any third party web sites.
17. SERVICE RELIABILITY AND WARRANTIES
OptiMale makes no warranty that the the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected.
OptiMale will take all reasonable precautions to protect against failure of its equipment and software and will perform regular back-ups of all data stored. The Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.
18. LIMITATION OF LIABILITY
If OptiMale fails to comply with these Terms and Conditions, it is responsible for loss or damage you suffer that is a foreseeable result of it breaking this contract or failing to use reasonable care and skill, but it is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you purchase any Services, both we and you knew it might happen, for example, if you contacted us about it during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
We will not be liable to any Customer for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- inability to use the Client Space/Website; or
- use of or reliance on any content displayed on the Client Space/Website.
Please note that we only provide the Client Space/Website for domestic and private use. You may not use the Services for any commercial or business purposes; if you do use the Client Space/Website or the Services for any commercial purpose OptiMale has no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
OptiMale assumes no responsibility for the content of websites linked on the Client Space/Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from any Customer’s use of such sites.
SUMMARY OF YOUR KEY LEGAL RIGHTS
This is a summary of your key legal rights. Nothing in these Terms and Conditions will affect your legal rights. For detailed information please visit the Citizens Advice website: www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- If you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
- If you haven’t agreed a time upfront, it must be carried out within a reasonable time.
19. TERMINATION AND SURVIVAL
OUR RIGHT TO TERMINATE
We may suspend or end the contract between us, terminating your right to use the the Services, if:
- You do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example valid contact details;
- You seriously (as determined by OptiMale) or repeatedly breach any of these Terms and Conditions.
You must compensate us if you breach these Terms and Conditions. If this happens we may deduct from any refund due to you, or charge you, reasonable compensation for the net costs we will incur as a result of your breach.
OptiMale may also terminate all access to the Client Space or the Services at any time, without notice. In such circumstances, subject to you having complied with these Terms and Conditions, OptiMale will endeavour to refund you for any services you have paid for but not received.
OptiMale will advise you of any termination via the contact email held as part of your Account.
YOUR RIGHT TO TERMINATE
You may cease using the Client Space/Services and/or have your Account suspended from usage/availability at any time. Provided you are not in breach of these Terms and Conditions you can Contact Us to arrange a refund of any credit on your Account, but we may deduct from that refund (or, if you have not made an advance payment, charge you) fees due to us in respect of Services provided and/or compensation for any net costs we will incur as a result of your ending the contract.
Please refer to our refunds & returns policy for specific information on your Consumer Rights under the Consumer Contracts Regulations 2013 and the Consumer Rights Act 2015, in relation to the different services that OptiMale offer.
Upon termination of your Account for whatever reason, OptiMale has the right to delete all data, files or other information relating to you that it stores or controls for any reason, subject to UK law concerning the keeping and maintenance of medical/patient records and also data protection and the secure destruction of personal data.
The following clauses shall continue to apply after termination of the contract between you and OptiMale for any reason: Security (clause 7); Intellectual Property (clause 15); Limitation on Liability (clause 18); Privacy (clause 27); Applicable Law (clause 28); and any other provisions stated to continue or required to continue in relation to any outstanding matters.
20. DELIVERY OF SERVICES
You agree that the provision of any Services is subject to your payment in full of any costs relating to consultation, administrative and/or delivery fees that you incur in relation to the Services pursuant to our costs.
OptiMale does not accept payment by insurers on your behalf at this time, unless expressly provided for in writing by OptiMale at its sole discretion.
Any and all fees and charges, without exception, incurred on the Account are your responsibility as the Account Holder (If there is any question with regard to who is responsible for the fees and charges incurred, OptiMale will refer to the details held under the OptiMale Account Details and that individual shall have the legal responsibility for all fees and charges and no alternative position shall be acceptable to OptiMale) and MUST be pre-authorised prior to you receiving any of the Services, in whole or in part, whatsoever and settled immediately after the Services have been provided, in whole or in part.
You agree that any unpaid balance due hereunder shall immediately become overdue and bear daily interest at the rate of 10% per annum above Barclays’ lending rate, and that costs of collection, including any Court costs and reasonable legal costs shall be added as principal amounts to such balance.
OptiMale reserves the right to modify its Costs and/or pricing structure at any time, at its sole discretion and implement the new Costs and/or price structure at any time prior to billing you for payments due pursuant to these Terms and Conditions. You understand that the Client Space and the Services may not be provided or consultations ended or cancelled if your billing information is inaccurate, invalid, without funds (not in funds) or any pre-authorisation by us provides a negative response (as determined by OptiMale).
You expressly grant OptiMale license to pre-authorise or charge any debit and/or credit cards in your Account before enabling the provision of the Services (including the confirmation of an appointment time and date has been allocated to you) and you accept that failure of our pre-authorisation or authorisation processes by you is likely to result in the Services not being provided to you.