MB Web and App including Rota Module etc
You explicitly and implicitly agree to be bound by our Legal Terms each time you access our website or download and use our mobile app. If you do not wish to be so bound, please do not use or access our website or remove and cease to use our mobile app.
2. Content Disclaimer
a. We are providers of a SaaS service to which our clients may subscribe and use. We are not responsible for the accuracy of the information input in the system by our clients and users.
b. Our Website may contain links to websites owned or operated by parties other than MedicBank. Such links are provided for your reference only. MedicBank does not monitor or control outside websites and is not responsible for their content. MedicBank’s inclusion of links to an outside website does not imply any endorsement of the material on our website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does MedicBank’s inclusion of the links imply that MedicBank is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.
3. Account Information and Data
a. MedicBank will make best endeavours to backup Customer Data.
b. MedicBank will not at any time retrieve Customer Data if it is accidentally or otherwise deleted by you.
c. In the unlikely case where Customer Data is lost because of software or hardware malfunction, MedicBank will endeavour to restore to the most recent successful backup. MedicBank takes no responsibility whatsoever whether implied or otherwise for the quality or frequency of Customer Data backup.
d. MedicBank does not own any data, information or material that you submit to the service in the course of using the service (“Customer Data”). You, not MedicBank, shall have sole responsibility for the input accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all customer data, and MedicBank shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any customer data.
e. In the event this Agreement is terminated (other than by reason of your breach) MedicBank will make available to you a file of the customer data within 60 days of termination (if you so request at the time of termination).
f. MedicBank reserves the right to withhold, remove and/or discard customer data without notice for any breach, including, without limitation, your non-payment.
4. Intellectual property rights provision
a. Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by MB.
b. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner.
c. MedicBank enforces its intellectual property rights to the fullest extent of the law. The names and logos of MedicBank, may not be used in any way, without prior, written permission from MedicBank. MedicBank prohibits use of any logo of MedicBank or any of its affiliates as part of a link to or from any website unless MedicBank approves such link in advance and in writing. Fair use of MedicBank’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our website may be the Intellectual Property of their respective owners.
5. Charges, Fees, Billing, Renewal and Cancelation
a. The customer shall pay all fees or charges to their account in accordance with the setup and ongoing fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The amount payable will be equal to the setup and ongoing charges related to the customer’s plan.
b. Payments may be made, in advance, monthly, consistent with the Initial Term (the first License Term), or as otherwise mutually agreed upon.
c. All pricing terms are confidential, and you agree not to disclose them to any third party.
d. Any and all fees paid in advance are not refundable if you cease to use the Service. All invoices shall be paid and cleared at our bank within (7) seven days of receipt.
e. MedicBank charges and collects in advance for use of the Service.
f. MedicBank will automatically renew the License Term and bill your credit card or issue an invoice to you (a) every month for monthly licenses, (b) as otherwise mutually agreed upon. The renewal charge will be equal to the then-current plan
g. You agree to provide MedicBank with complete and accurate billing and contact information. This information includes your legal company name, street address, email address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, MedicBank reserves the right to terminate your access to the Service in addition to any other legal remedies.
h. Unless MedicBank in its discretion determines otherwise: Clients will be billed in Pounds Sterling and governed by the prevailing exchange rate on the date of payment due date”). If you believe your bill is incorrect, you must contact us in writing within seven (7) days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
i. With prior written notice MedicBank reserves the right to adjust or increase prices as required by market changes or inflation rates.
6. Prohibited Uses, you agree not to use our web and phone Apps in any way that:
a. is unlawful, illegal or unauthorised;
b. is defamatory of any other person;
c. is obscene or offensive;
d. promotes discrimination based on any protected characteristic such as but not limited to race, sex, religion, nationality, disability, sexual orientation, age;
e. infringes any copyright, database right or trade mark of any other person;
f. is likely to harass, upset, embarrass, alarm or annoy any other person;
g. is likely to disrupt our service in any way; or
h. advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
7. We reserve our right to terminate and block your access to our service if:
a. In accordance to clause 5 of these terms and conditions you fail to pay the invoiced amounts.
b. In accordance to clause 6 of these terms and conditions you use our web and phone app in any way which is prohibited.
8. Limitation of Liability
a. In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim.
b. In no event shall either party and/or it’s licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising our of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party’s licencors have been previously advised of the possibility of such damages.
9. MedicBank reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.