- You agree and accept that the Platform is hosted online by PostScript Medical and its infrastructure providers. We shall use commercially reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except for routine and emergency maintenance. However, access to the Platform is not guaranteed. We will not be liable if the Platform or any content on it is unavailable at any time for any reason. From time to time, we may restrict access to some parts of the Platform at our sole discretion.
- PostScript Medical reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Platform at its sole discretion. PostScript Medical shall not be responsible for any loss of data stored on the Platform whatsoever.
Payment of fees
- You shall pay any fees notified to you by PostScript Medical for use of the Platform. The fees for the use of the Platform are payable as notified by PostScript Medical. No refunds are payable for any fees paid under any circumstances.
- From time to time, PostScript Medical may provide different tiers of access to the Platform, with different fees due for each tier, and with different levels of functionality and content available on each tier.
- If payment for access to the Platform is not made, PostScript Medical may suspend or withhold access to your account.
- Unless otherwise notified to you by PostScript Medical, access to the Platform is provided on a periodic subscription basis. For institutional subscribers, that is a 12 month period. For individual subscribers, that is a 1 month period. Unless you provide PostScript Medical with written notification of your intention to terminate access to the Platform no later than 5 days before the end of the then-current paid-for subscription period, the subscription will automatically renew for the same period of time and on the same pricing plan.
Use of the Platform
- Your Platform access details must not be shared with anyone else, and you are responsible for all actions taken using your account.
- PostScript Medical may revoke or suspend access to the Platform, delete data held by us in your account on the Platform, or terminate this Agreement completely, at any time at its sole discretion, including if you are in breach of this Agreement or fail to comply with PostScript Medical’s reasonable request to remedy such breach within a reasonable time period.
- You shall only use the Platform for clinical purposes and shall not use it to engage in any conduct that infringes third party rights, is unlawful, immoral, threatening, offensive, discriminatory, abusive or in a way that is deemed unreasonable by PostScript Medical in its sole discretion.
- Content available on the Platform is not, and should not be construed as, medical advice. You must not rely on any content available on the Platform as the sole basis for any medical advice or opinion.
- The Platform and the content available within it is for use solely as an education and communication tool. We disclaim all liability and responsibility arising from any advice given and reliance placed on materials available through the Platform, or by anyone who may be informed of or receive them.
- In the course of using the Platform to educate and communicate with a patient, you must make it clear to the patient that the images available on the Platform are generic illustrations of the human body, and are not specific representations of the particular patient.
- You are responsible for ensuring that any patient contact details provided to us through the Platform are accurate and complete, and that the patient has provided you with appropriate permission to share their contact details with us.
- You must not copy, re-use or otherwise adapt any content available on the Platform without the prior written permission of PostScript Medical.
- You must not misuse the Platform by knowingly 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 Platform or attempt to prevent or restrict access to the Platform in any way.
- We are not liable for any loss or damage caused by any harmful material that may infect your computer equipment, computer programs, or data as a result of your use of the Platform or to your downloading of any material posted on it, or on any website linked to or from it.
- The Platform incorporates software and other proprietary systems and Intellectual Property owned by PostScript Medical or which PostScript Medical has appropriate authority to use, and you agree that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally.
- Subject to compliance with the terms and conditions of this Agreement, you are granted a limited, non-transferable, non-exclusive and revocable license to access and use the Platform (for the number of users specified on your order, if applicable) for the duration of this Agreement for use within your institution as a patient communication and education tool only.
- You agree that you shall not:
- copy the Platform or the services that it provides or the content available on it for your own commercial purposes;
- take screen grabs or other recordings of your use of the Platform for use outside of the Platform;
- use the Platform to store any sensitive or medical information, or any information regarding any patient which may identify them in any way, except to use the functionality of the Platform to send an email of an annotated drawing to a patient;
- directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, images or algorithms contained in the Platform or any documentation or content associated with it.
- You acknowledge and agree that the Platform (including all content, function, and services) is provided "as is," without any warranty of any kind, either express or implied, including any additional warranty for information, medical accuracy, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
- PostScript Medical does not warrant that the Platform (or the function, content or services made available within it) will be timely, secure, uninterrupted or error free. PostScript Medical makes no warranty that the Platform will meet your expectations or requirements. No advice, results or information, or data whether oral or written, obtained through the Platform shall create any warranty not expressly made herein. If you are dissatisfied with the Platform, the sole remedy is to discontinue using the Platform.
- You acknowledge that the Platform is hosted on third party infrastructure, and PostScript Medical shall not be liable to you for any costs, losses, damages, downtime, or other liability arising from the use of or reliance upon such third party infrastructure.
- Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
Liability & Indemnity
- YOU AGREE THAT YOU USE THE PLATFORM AT YOUR OWN RISK.
- YOU ACKNOWLEDGE THAT POSTSCRIPT MEDICAL IS NOT RESPONSIBLE FOR THE CONDUCT OR ACTIVITIES OF ANY USER OF THE PLATFORM AND THAT POSTSCRIPT MEDICAL IS NOT LIABLE FOR SUCH UNDER ANY CIRCUMSTANCES. IN PARTICULAR, YOU ACKNOWLEDGE THAT POSTSCRIPT MEDICAL SHALL NOT BE LIABLE FOR ANY LIABILITY THAT MAY ARISE IN THE EVENT THAT ANY USER OF THE PLATFORM PROVIDES AN INCORRECT EMAIL ADDRESS WHICH LEADS TO AN UNAUTHORISED PERSON RECEIVING CONTENT GENERATED THROUGH THE PLATFORM.
- YOU AGREE TO INDEMNIFY POSTSCRIPT MEDICAL FOR ANY LOSS, DAMAGE, COST OR EXPENSE THAT POSTSCRIPT MEDICAL MAY SUFFER OR INCUR AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR CONDUCT IN CONNECTION WITH THE PLATFORM.
- EXCEPT AS REQUIRED BY LAW, POSTSCRIPT MEDICAL’S MAXIMUM LIABILITY TO YOU IN RELATION TO THIS AGREEMENT AND THE PLATFORM SHALL NOT EXCEED ANY FEES PAID IN THE TWELVE MONTHS PRECEDING THE DATE OF THE LIABILITY ARISING.
- IN NO CIRCUMSTANCES WILL POSTSCRIPT MEDICAL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSS OR CORRUPTION OF DATA, LOSS OF PROFITS, GOODWILL, BARGAIN OR OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS OR ANY OTHER SIMILAR OR ANALOGOUS LOSS RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, IN EQUITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POSTSCRIPT MEDICAL KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE, TO BUSINESS INTERRUPTION OF ANY TYPE, WHETHER IN TORT, CONTRACT OR OTHERWISE.
Governing Law & Jurisdiction
- This Agreement shall be governed by and construed and enforced in accordance with the laws of England and Wales.
- Each Party expressly agrees that exclusive jurisdiction for resolving any claim or dispute between you and PostScript Medical relating in any way to use of the Platform shall be with the courts of England and Wales.
- You may not assign or otherwise license or transfer any of your rights and obligations under this Agreement.
- No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
- Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
- Any part of this Agreement may be amended by PostScript Medical at any time, and any aspect of the Platform service may be updated or discontinued at any time. Any changes to this Agreement or to the Platform which will significantly affect your rights and obligations will be notified to you in advance of such changes taking effect.