Terms of Service2018-08-14T15:50:23+00:00

IMPORTANT — Please read carefully
These terms of service constitute a binding agreement between One15 Digital Xventures Ltd. (makers of Medit) and you for the use of the Medit services.

  1.  Agreement
    1. By installing the Medit app, creating an account or using the Medit Services you are entering into a legally binding agreement and agree that this Agreement as updated from time to time covers all your access to or use of the Medit Services, on any Device where Medit Services have been installed, by you or by any third party.
    2. If we modify these Terms we will post the modification via the Site or App or provide you with notice of the modification.
    3. The Medit Services are intended for use in your trade, business and profession as a healthcare professional and are not intended for the general public or consumers. The information and tools that we make available through the Medit Services are provided for educational and informational purposes only. The Medit Services are note intended to serve the following needs: as a diagnostic service; as a confirmatory service to provide certainty in diagnosis; to select, guide, or promote therapy or medical conditions; for use in hazardous or urgent circumstances or for users requiring fail-safe performance; or in situations where failure could lead to death or personal injury. Because Medit Services have not been designed, intended or authorised for such unauthorised purposes, you shall not use the site, services or app for such purposes.
    4. If you are a consumer who chooses to access the professional-level information made available through the Medit Services, you should not rely on that information as professional medical advice or use the Medit Services as a replacement for any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency medical personnel. You further acknowledge that your use of Medit Services are in breach of these Terms and your account may be disabled at Medit’s discretion.
    5. This Agreement is made between you and Medit only and not with any of the Channels (defined below). The Medit Services, including customer support services, are not provided by the Channels but by Medit, who is solely responsible for them, subject to the terms of this Agreement.
    6. You hereby agree that all agreements, orders and correspondence in connection with the Medit Services can be made electronically and, to the extent permitted under applicable law, you waive any requirements for original documents or signatures.
  2. Definitions
    In this Agreement, the following terms in bold have the following meanings:

    1. This Agreement: these Terms of Service, as may be updated, supplemented and/or amended from time to time.
    2. Applicable Laws: all applicable laws, regulations, codes of practice, and professional and ethical rules, including the rules of your practice or institution.
    3. Channel: any third party physical or virtual shop, store, retailer, kiosk, portal, hardware provider, channel partner or similar vendor and any service provider associated with them, through or from which you download or access any Medit Services.
    4. Device: any device on which the Medit Services are installed, accessed and/or used from time to time, including without limitation any type of computer, telephone, tablet, console, smartTV, media player etc.
    5. Documentation: any documentation relating to the use of the Medit Services provided by Medit online or by any other method, including applicable instructions or policies.
    6. Medit: One15 Digital XVentures Limited, a limited company registered in Ireland, with its registered office at 24 Village Weir, Lower Main Street, Lucan, Co. Dublin, Ireland, company number 566211 and VAT registration number IE 3378329EH.
    7. Medit Services: the features and applications provided by Medit under this Agreement including without limitation the Medit mobile Device software, the Medit UI and Documentation, the Medit Website, as well as all fixes, updates, extensions, replacements and upgrades.
    8. Medit Staff: the officers, directors, employees, agents, consultants and advisors of Medit or its related companies.
    9. Medit Website: all elements, content, design and ‘look and feel’ of all websites operated by or on behalf of Medit in connection with the Medit Services, including without limitation the URL https://medit.online/ as added to or substituted from time to time.
    10. IP Rights: any and all intellectual and/or industrial property rights, including but not limited to copyrights, designs, database rights, trademarks (including trade and product names, logos, slogans or banners) and patents, know-how and trade secrets, whether registered or unregistered.
    11. Third Party Content: any content, product, service, store, website, software and/or other technology (including sponsored content) owned and controlled by anyone other than Medit which may be incorporated into or accessible through the Medit Services.
    12. User Account: the account with user email address and password chosen by or assigned to you or any user for the purpose of installing, accessing or using the Medit Services.
    13. User Materials: any material, data or communications uploaded or posted within or through a User Account, including texts, video, pictures, sounds and/or any other items as permitted by the Medit Services from time to time.
  3. Medit End User Licence and Restrictions
    1. Subject to the terms of this Agreement, Medit hereby grants you a limited, personal, non-commercial, non-exclusive, non-sub-licensable, non-transferrable, non-assignable licence to download, install, access and use the Medit Services on one or more Devices for the sole purpose of using the information and communications features provided by Medit and any other applications or features that may be expressly provided by Medit.
    2. You may access and use the Medit Services in your trade or profession, but must not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights or access to third parties with regard to the Medit Services or any part thereof.
    3. You will not carry out, cause or permit the copying, modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, framing, accessing via any different UI, scraping or hacking or otherwise attempting to derive the source code of the Medit Services, User Materials, user data or any part thereof.
    4. IP Rights in the Medit mobile software and other Services
  4. The Medit Services include:
    1. Software, Documentation and materials developed by or on behalf of Medit;
    2. Materials licensed to Medit by third parties (e.g. software components, sponsored content);
    3. Third Party Content (the IP rights in which belong to the applicable third party as described in Section 5 below);
    4. Your User Materials (the IP Rights in which belong to you or a third party that has licensed them to you, as described in Section 6 below); and
    5. Other users' User Materials (the IP rights in which are treated in the same way as for Third Party Content).
    6. Materials developed by or on behalf of Medit or licensed to Medit by third parties are protected under applicable IP Rights laws in various territories worldwide. Nothing in this Agreement shall act as a transfer or assignment of any such IP Rights to you, or permit you to use such IP Rights except as provided by Medit within the Medit Services. Medit and Medit's licensors reserve all rights not granted under this Agreement.
    7. You agree that you will not remove, obscure, make illegible or alter any notices or indications of the IP Rights in the Medit Services and/or Medit’s (or any other person’s) rights and ownership, in whatever form attached to, incorporated in or associated with the Medit Services, Documentation or any other materials available in or through the Medit Services. You will not take any action to challenge, jeopardize, limit or interfere with any such IP Rights.
  5. Third Party Content
    1. All IP Rights in and to Third Party Content are the property of the respective owners.
    2. Users are informed they are accessing Third Party Content via notification in the app several times and are notified that Medit has no control over Third Party Content in any respect.
    3. Third Party Content is the responsibility of the third party that created or provided it and Medit excludes all warranties and liability in relation to it. Medit may, but is not obliged to, review or monitor Third Party Content. The inclusion in the Medit Services of Third Party Content does not imply our endorsement of these resources.
    4. Use of certain Third Party Content or third party services accessible through the Medit Services may be subject to you signing up for an account with and accepting the terms and conditions of the relevant third party, including provisions relating to processing of personal data. These terms may differ from Medit’s policies, for which Medit is not responsible. Any payments for content, subscriptions or related services, where relevant or necessary, for any Third Party Content will be made directly with the Third Party via their application or websites at your own discretion. You acknowledge and agree that, in relation to such third party services, your rights and obligations are exercisable exclusively between you and the applicable third party and Medit and its related companies have no involvement or responsibility.
    5. If you are the owner of any Third Party Content and believe that it not being used in an authorised way within the Medit Services, please contact us at support@medit.online so that we can investigate.
  6. User Profiles, User Materials and Communications
    1. The Medit Services allow you and other users to create an account, a profile and post or send messages and User Materials. Medit will host, reproduce, distribute, communicate to the public and publish such materials in accordance with the provisions of this Agreement and Medit's Privacy Statement https://medit.online/privacy.
    2. You are solely responsible for User Materials posted or sent within or through your User Account and all matters arising from or connected with them. You undertake, represent and warrant that you:
      1. own, or have all necessary licenses, rights including IP Rights, consents and permissions to use, and authorise Medit to use such materials as contemplated under this Agreement and the Documentation; and
      2. have all necessary consents, releases and/or permissions from every person identified, referred to or whose data are included in such materials to use their data, name and/or likeness as applicable, as contemplated by this Agreement and the Documentation. You must not post or send within the Medit Services any User Materials that could constitute a breach of confidentiality, professional duty or third party rights, or that permit identification of any patient.
    3. You retain all ownership and intellectual property rights in your User Materials. You hereby grant Medit a non-exclusive, royalty-free, perpetual, worldwide license to reproduce, distribute, communicate to the public, display and perform, create derivative works from, incorporate into other works, and otherwise use, with a right to sublicense, all materials posted through your User Account that are shared publically within the platform i.e. visible to other Medit users. Medit will not republish any items posted privately or via private messages or restricted user groups.
    4. Medit may use any User Materials to create analyses and reports of use of the Medit Services and topic trends on an aggregated basis without identifying you or other Users, including for commercial purposes.
    5. Medit at its discretion reserves the right – but is not obliged – to monitor and to take down any User Materials that Medit in its discretion deems to be in breach of this Agreement or the Documentation, or otherwise inappropriate for any reason, or as required by any public authority, and to cooperate with and when requested to do so retain and/or provide such material to any such authority, with notification to you, pending resolution of the issue.
    6. Medit will not be liable for any User Materials. The contents of any User Materials sent or received using the Medit Services is exclusively the responsibility of the person from whom it originated. You will be solely liable if you send or receive content referred to in Section 7.4 and you accept the risk that such content might be sent to you.
    7. You may refer to your own business and services but must not use the Medit Services for the primary purpose of advertising or selling any goods and services (except for genuine advertisers and sponsors that have entered into a specific agreement with Medit).
    8. You may contact support@medit.online to report an infringement of this Agreement or inappropriate content, behaviour or use of the Medit Services from or by any other user, or Third Party Content, or if you believe that any user has submitted or is otherwise using materials or IP Rights owned by you within the Medit Services, although all decisions on any action to be taken shall be at Medit’s sole discretion. Content can also be reported by selecting ‘Report’ within the Medit application.
    9. Medit is not intended as a storage facility and Medit does not guarantee availability or storage of any User Materials or that back-ups or downloads will be available. It is your responsibility to keep copies of your User Materials.
  7. Use of the Medit Services
    1. The Medit Services are designed to enable you to view User Materials posted by others users, view Medit and Third Party Content, post User Materials and communicate with other Medit Services users.
    2. Medit Services are intended exclusively for licensed healthcare professional or healthcare students in a recognised healthcare programme. Medit does not currently charge fees for the use of the Medit Services. However, you acknowledge and agree that Medit (One15 Digital XVentures Ltd.) reserves the right, in its sole discretion, to charge you for and collect fees from you for the use of the Services and to send and receive communications. Medit will provide notice of any fee collection via the Services prior to implementing such a fee, and you will have a choice at that time to continue to use the Services or not. If you choose not to pay, Medit reserves the right to immediately terminate your access to the Services.
    3. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof. It is stated clearly upon downloading the app and before creating an account that Medit is intended for a healthcare professional audience.
    4. Creating an account for Medit Services requires you to provide us with your name, professional email address, profession, specialty and other information specified in the registration form required to deliver the Medit Services to healthcare professionals. You agree that the information provided in your account set-up is true, accurate, current, and complete, and you will promptly update your information as necessary so that it continues to be true, accurate, current and complete. Medit, at their discretion, can verify the accuracy of the account details that you have provided and update it as necessary. Those users deemed to have falsely stated they are a licensed, active, healthcare professional may, at Medit’s discretion, have their account disabled.
    5. You are solely responsible for maintaining the confidentiality and security of your Medscape account username and password and you may not permit another person to use your username and password to access the Medit Services. You are responsible for all activity that occurs under your account. If you believe that the security of your account information has been compromised, you should immediately change your username and password through the account settings feature or notify us via support@medit.online and we will assist you. We shall have no liability for any unauthorised access to or use of your account information.
    6. Content sponsors or advertisers enter paid service agreements and sign related agreements to that effect.
    7. Medit cannot guarantee that you will always be able to upload or view User Materials, communicate with other persons, that all your communications will always be delivered to other users at all or without disruptions, delays or communications-related errors.
    8. You are entirely responsible for your contacts and interactions with other users. Medit cannot guarantee that user profiles are accurate or real or that users are who they say they are or have any particular qualifications. Medit does not normally carry out any background checks or criminal record checks on its users. Medit is not intended for arranging in person meetings between users and any such meetings are at your own risk. Any contacts with advertisers or sponsors are made at your own discretion and risk and may be subject to their applicable terms of service or sale and privacy policies which are not controlled by Medit and may differ from Medit’s policies.
    9. You will use the Medit Services exclusively for lawful purposes. In particular but without limitation you may not (a) intercept, monitor, interfere with or modify any communication which is not intended for you, (b) interfere with, hack, disrupt or gain unauthorised access to any network, computer system, database, server or hardware of Medit or any other person, (c) impersonate any other person or use their name, image, User Account or ID, (d) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to attack, distort, delete, damage, disassemble or otherwise interfere with the Medit Services or network, (e) send any unsolicited communication, including advertising or commercial or sponsored communications, not permitted by Applicable Laws, regulations or codes of practice (e.g., spam), except where expressly agreed with or permitted by Medit, (f) collect or harvest personal information from other users (e.g., phishing), (g) stalk, bully, harass, abuse or threaten any person or contact them when they have indicated that they do not wish to be contacted, (h) publish, transmit or expose any person to material which is pornographic, offensive, defamatory, sexist, discriminatory, harmful to young people, indecent, illegal, in breach of third party rights or otherwise objectionable, or (i) undertake any activity that is in breach of the Applicable Laws, public order, or public morality using the Medit Services.
    10. Medit, in its sole discretion, reserves the right to add or delete features or functions, and/or to provide programming fixes, updates and upgrades, to the Medit Services. You agree that Medit has no obligation to make available to you any particular version or element of the Medit Services and that they are subject to change, termination or suspension for any reason at any time, at Medit’s discretion, including without limitation for maintenance, changes in Applicable Laws, requirements of the Channels, Medit’s business decisions, breach though your User Account of any provision of this Agreement, or of the Documentation, or for any other reason whether within or outside Medit’s control. Medit excludes all liability for any loss or damage whatsoever caused by the use or inability to use, the release and/or the absence of release of new versions of the Medit Services and/or the suspension or termination of provision of or access to any part of the Medit Services or this Agreement. You may be required to enter into a modified version of this Agreement, in order to download, install, access or use a new version of the Medit Services.
    11. You acknowledge that Medit will use its commercially reasonable efforts to protect the privacy and proper functioning of Medit as downloaded or accessed on your Device and of your communications, but that Medit does not give any guarantees in this respect.
  8. Term and Termination
    1. This Agreement will be effective from the date on which you create a User Account as stated above and will remain effective until terminated by either Medit or you as set out below.
    2. Without limiting any other remedies, Medit may without prior notice to you restrict, suspend or terminate any licences granted hereunder and/or your use of any version or element of the Medit Services, block access to the Medit Website and/or suspend or cancel your User Account and/or ID, with immediate effect, if Medit reasonably believes you have failed to comply with any terms contained in this Agreement, the Documentation, you have infringed someone else’s rights (e.g. IP Rights or privacy rights), or engaged in any fraudulent, unacceptable or illegal activity. Medit reserves the right to cancel User Accounts that have been inactive for more than six months. If credits for Medit Paid Services have been purchased and remain unused you will lose these but Medit will try to remind you before any such cancelation.
    3. You may terminate this Agreement with immediate effect at any time provided that you comply with all the conditions set out in Section 9.iv below.
    4. Upon termination of this Agreement for any reason (a) all your licences and rights to use the Medit Services shall terminate, and (b) you will cease all use of the Medit Services, and (c) you will remove the Medit Services from all Devices, hard drives, networks and other storage media and destroy all copies in your possession or under your control.
    5. MEDIT WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE CAUSED BY THE TERMINATION OF THIS AGREEMENT, WHETHER OR NOT MEDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
  9. Representations and Warranties; Indemnification of Medit
    1. You undertake, represent and warrant that you (a) are not prevented from entering into and complying with any part of this Agreement, (b) will only provide true, accurate, up to date and complete registration, contact and billing information, and (c) will when using Medit Services at all times comply with all Applicable Laws.
    2. You agree to indemnify, defend and hold Medit, its related companies and the Medit Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees, in connection with or arising out of your (a) breach of any term of this Agreement or any applicable law, regulation code of, or (b) breach of any rights of any third party, or (c) use or misuse of the Medit Services, or (d) User Materials posted in or through your User Account.
  10. Disclaimer of Warranties / Limitation of
    1. THE MEDIT SERVICES ARE PROVIDED “AS IS” IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. MEDIT HEREBY EXCLUDES ALL OTHER TERMS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR ANY PARTICULAR PURPOSE OR REQUIREMENT. MEDIT DOES NOT REPRESENT OR WARRANT THAT THE MEDIT SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT MESSAGE, FILE OR PACKET LOSS, NOR DOES MEDIT WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET OR ANY COMMUNICATIONS NETWORK, OR ANY QUALITY, ACCURACY OR RELIABILITY OF COMMUNICATIONS MADE THROUGH THE MEDIT SERVICES.
    2. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE MEDIT SERVICES REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    3. YOU AGREE THAT MEDIT, ITS RELATED COMPANIES, ITS LICENSORS AND THE MEDIT STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE MEDIT SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, INCLUDING FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT, CONTRACT, BUSINESS, GOODWILL OR DATA, COMPUTER FAILURE OR PECUNIARY LOSS), EVEN IF MEDIT, ITS RELATED COMPANIES OR MEDIT STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    4. YOU ALSO AGREE THAT THE CHANNELS ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WHATSOEVER IN RELATION TO THE MEDIT SERVICES INCLUDING WITHOUT LIMITATION IN RELATION TO THE SALE, DISTRIBUTION OR USE, PERFORMANCE OR NON-PERFORMANCE THEREOF, PRODUCT LIABILITY, THIRD PARTY INTELLECTUAL PROPERTY CLAIMS, NON-COMPLIANCE WITH ANY APPLICABLE WARRANTY, LAW OR REGULATION, AND ANY CONTENT NOT PROVIDED BY THE CHANNELS.
    5. YOUR ONLY RIGHT AND REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE MEDIT SERVICES IS TO DE-INSTALL AND CEASE USE OF SUCH MEDIT SERVICES.
    6. MEDIT DOES NOT ENDORSE OR WARRANT AND ACCEPTS NO LIABILITY FOR ANY CONTACT, CORRESPONDENCE, TRANSACTIONS OR LOSS AND DAMAGE THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY THROUGH THE MEDIT SERVICES, WHETHER OR NOT SUCH THIRD PARTY ADVERTISES OR SPONSORS WITHIN THE MEDIT SERVICES.
    7. TO THE EXTENT THAT ANY JURISDICTION DOES NOT PERMIT ANY OF THE EXCLUSIONS OR LIMITATIONS SET OUT ABOVE, SOME OF THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND MEDIT’S LIABILITY WILL IN THAT CASE BE LIMITED AS FAR AS POSSIBLE UNDER APPLICABLE LAW.
  11. General Provisions
    1. Medit reserves the right to modify this Agreement at any time by notifying you by any reasonable means and/or by publishing the modified Agreement on the Medit Website. The modified Agreement shall become effective thirty days from such publication or notification, unless you accept the modified Agreement earlier. Such acceptance by you, or your continued use of any Medit Service after expiry of the notice period of thirty days, shall constitute your acceptance to be bound by the terms and conditions of the modified Agreement.
    2. Medit’s Privacy Statement, available at https://medit.online/privacy, the Documentation, and all other applicable policies and instructions on the Medit Website, App or contained within or applicable to the Medit Services form part of this Agreement.
    3. Should any term or provision hereof be deemed to be invalid, void or unenforceable this shall not affect the other terms of this Agreement, which shall remain in full force and effect.
    4. The failure or delay by Medit to require performance of any provision hereof shall not affect its right at a later time to enforce such provision, or act as a waiver, unless such waiver is in writing and signed on behalf of Medit.
    5. You cannot assign this Agreement or any rights or obligations hereunder. Medit may freely assign this Agreement or any rights or obligations hereunder to any person, without notice.
    6. You acknowledge that any relevant Channel and/or its subsidiaries are third party beneficiaries of these Terms of Service and where their rights are affected shall be entitled to enforce the same against you.
    7. This Agreement shall be governed by and construed in accordance with the laws of Ireland.
    8. Any legal proceedings arising out of or relating to this Agreement or the Medit Services will be subject to the jurisdiction of the courts of Ireland.

 

© One15 Digital Xventures Ltd., all rights reserved. Last revised: 21 August 2017