1. DEFINITIONS
| Agreement |
the Agreement of which these
Terms form part |
| Intellectual
Property |
all patents, registered and
unregistered trade marks, trade and business names,
copyright and rights in the nature of copyright including
property rights in relation to compilations or databases,
design rights and registered designs and all applications
for patents and registered trade marks and registered
designs (including in each case, all extensions and renewals
thereof) |
| Service |
the service provided by
PPMS.net under this Agreement, as further defined in Clause
2 |
2. PPMS.NET OBLIGATIONS
2.1. PPMS.net warrants that our
medical Services will be provided with reasonable care and skill and in a
professional and timely manner by fully registered medical
practitioners currently also accredited and in practice in the UK
(NHS) State Health Service. Notwithstanding the foregoing, the
Customer acknowledges and agrees that:
2.2.PPMS.net does not undertake
prescription of any controlled drug or drug of addiction.
2.3. Our medical records are
paper-based and fully confidential. They are not part of the NHS
internet system and cannot be accessed by administrative staff or
other officials.
3. PATIENT'S OBLIGATIONS
3.1. The Patient shall not:
3.1.1. submit to PPMS.net,
or its representatives, any Requests
in relation to a prescription for drugs, or medicines, which he/she
knows, or should (after reasonable inquiry) have known might be
inappropriate to their medical care.
3.1.2. use these
services to store, reproduce, transmit, communicate or knowingly
receive any material which is offensive, abusive, indecent,
defamatory, obscene or menacing, or in breach of confidence,
copyright, privacy, trade marks (whether registered or unregistered)
or any other rights of any third party.
3.2. The Patient undertakes not to sell to any other person (whether in money or
money's worth, the giving or withholding of any business or benefit
of any kind or description), either directly or indirectly, relating
to the Service or these services.
3.3 The patient will always answer truthfully and honestly questions put to him by
PPMS.net medical practitioners and comply, where appropriate, with any
reasonable necessary examination or investigation. Prescriptions or medicines supplied by PPMS.net medical
practitioners may not be sold or passed on to any other individual
or third party and are specifically for the use of the
named customer to whom they were provided.
3.4 The Patient will always conduct himself/herself in a sensible and reasonable
manner and be polite and courteous. Generally, conduct that violates
law, regulation or the accepted norms, whether or not expressly mentioned in this Policy, is prohibited.
PPMS.net reserves the right at all times to prohibit activities that
damage its commercial reputation and goodwill.
4.PPMS.NET
EXCLUSIONS AND LIMITATIONS
4.1. any acts,
omissions, failures or delays occurring on or without any negligence
on PPMS.net part, or occurring on or in relation to those aspects of
the Service not under PPMS.net direct control,
4.2. The Customer
also agrees that (except in relation to such liability as has been
expressly excluded in Clauses 8.1 and 8.2 above) the maximum
aggregate liability of PPMS.net in contract, tort, negligence,
statutory duty or otherwise, for any loss or damage whatever arising
from or in anyway connected with:
4.3.1. any
negligent or reckless failure to provide the Service within a
reasonable time and any negligent or reckless failure by PPMS.net to
provide services correctly or in a timely manner,
4.3.2. any failure
to provide the Service with reasonable care and skill, and
4.3.3. any
liability not excluded by this Agreement, shall, in respect of any
one or more events or series of events (whether connected or
unconnected) taking place within any twelve month period be limited
to £500. This limit shall also apply in the event that any
exclusion or other provision contained in this Agreement is held to
be invalid for any reason and PPMS.net becomes liable for loss or
damage that could otherwise have been limited.
4.4. Nothing in
this Agreement shall exclude:
4.4.1. any
liability which it is prohibited from excluding by law.
5. CONFIDENTIALITY
5.1. Each party
will at all times keep confidential and will not disclose without
the prior written consent of the other any business or other
confidential information of the other party or use any such
information other than for the purposes contemplated by this
Agreement (except that each party may disclose such information to
those of its employees, agents and sub-contractors who need to know
the same for such purpose and under conditions of confidentiality
non-disclosure and non-use equivalent to those imposed on the
parties by this Clause). These obligations of confidentiality,
non-disclosure and non-use do not apply to any information which is
publicly available through no fault of the party disclosing or using
the information, or which was known to that party before receipt
from the other party, or received from another source without
obligation as to confidentiality, or which is required to be
disclosed by law or by a regulating authority.
6. MISCELLANEOUS
6.1. PERSONAL.
This Agreement is personal to the Customer and the Customer's rights
may not be assigned, sub-licensed or transferred in any way
6.2. GOVERNING
LAW. This Agreement shall be governed by the laws of England and
Wales and this Agreement shall be subjected to the non-exclusive
jurisdiction of the English courts.
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