PD NEUROTECHNOLOGY LTD – PHYSICIAN TERMS OF USE (LAST UPDATED: 23 MAY 2019)
INTRODUCTION
1. WHO WE ARE
PD Neurotechnology Limited is a limited company incorporated in England. Our company number is 09801981, and our registered office is at 5th Floor, 2 More London Riverside, London, United Kingdom, SE1 2AP.
When we refer to "PDN, "we", "us" or "our" in these terms, we are referring to PD Neurotechnology Limited.
ABOUT
2. ABOUT THESE TERMS
We are a medical solutions tech company that has developed a device and connected app to help people suffering with Parkinson's disease, their caregivers, and their physicians (our "
System
"). Our System includes a website for physicians to view a summary of the information uploaded by their patients or their patients' caregiver and to view symptom reports, located at pdmonitorapp.com (the "
Website
"). Before any physician can use the Website, they must complete our online training program which is available on our physician portal at www.pdneurotechnology.com/academy (the "
Portal
").
These are the terms that apply to you when you make use of our Website and Portal. By registering to use our Portal and Website, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use the Portal and Website.
CHANGES
3. CHANGES TO THESE TERMS
We reserve the right to amend these terms from time to time. We will email you to alert you to any new terms or notify you of any change when you next use the Portal and Website. Your continued use of the Portal and Website will be deemed to be acceptance of any new terms.
PRIVACY
4. YOUR PRIVACY
Any personal information we obtain from your use of the Portal and Website will be processed in accordance with our Privacy Policy (available at pdmonitorapp.com/pp) which explains what information we collect and why. We ask you to please read this carefully so that you understand our views and practices regarding your personal data and how we will treat it.
ACCOUNT
5. YOUR ACCOUNT
You must register an account on our Portal and Website and to do so you must meet our eligibility criteria. Accordingly, you represent and warrant to us that:
- You are a practitioner registered with the General Medical Council or equivalent body in your country, with a valid registration number;
- You are authorised by your medical practice to use our Portal and Website; and
- You are not currently restricted from using our Portal and Website.
- You shall keep your password and user identification secure for use of the Portal and Website and not permit others to use your account;
- You are responsible for anything that happens through your account until it is closed down (unless the account security has been compromised through no fault of your own);
- If you discover any unauthorised use of your account, you must promptly let us know;
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms; and
- If you change any of your registration details (e.g. email address, postal address), you must update your account.
OBLIGATIONS
6. YOUR OBLIGATIONS
You may use our Portal and Website only for lawful purposes. You may not, and you warrant that you will not, use our Portal and Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is inconsistent with these terms or your professional obligations.
- In any way that is unlawful, malicious or fraudulent, or has any unlawful, malicious or fraudulent purpose or effect.
- To create a false identity or submit inaccurate, false or misleading information.
- To send material or other content during your use of the Portal and Website or behave in a way that is unlawful, dishonest, threatening, defamatory, obscene, discriminatory or is racially offensive.
- To send material which infringes our intellectual property rights or those of any third party.
- To knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
- To reproduce, duplicate, copy or re-sell any part of our Portal and Website, expect where you print any page of the Website or otherwise as part of the provision of medical advice or care to a patient and as part of a patient’s records.
- To access, without authority, interfere with, damage or disrupt any part of our Portal and Website, any equipment or network on which our Portal and Website is stored; any software used in the provision of our Portal and Website; or any equipment or network or software owned or used by any third party.
You will also be liable to us and indemnify us for any such breach. This means you will be responsible for any loss or damage we suffer as a result of your breach of these terms.
LICENCE
7. YOUR LICENCE TO USE THE PORTAL AND WEBSITE
On condition that you comply with your obligations under these terms, we grant you a limited, non-exclusive, non-transferable license to access and use of the Portal and Website in accordance with these terms.
RIGHTS
8. OUR RIGHTS IN OUR PORTAL AND WEBSITE
We own or validly license all intellectual property rights, including our trade marks for PDMonitor®, in our Portal and Website. Except to the extent set out in these terms, or otherwise agreed in writing between us, you are not permitted to use our intellectual property rights.
DISCLAIMER
9. DISCLAIMER
Please note we do not guarantee that our Portal and Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programs to access our Portal and Website. You should use your own virus protection software.
RESPONSIBILITY
10. OUR RESPONSIBILITY TO YOU
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 and liability for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to our platform.
We will not be liable to you 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 use of, or inability to use, our Portal and Website.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
TERMS
11. OTHER IMPORTANT TERMS
If we choose to waive any particular right we have under these terms on any particular occasion, this does not prevent us from exercising that right on another occasion.
If any part of these terms is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of these terms.
You are not entitled to transfer or assign your rights and obligations under these terms to anyone else without our prior written permission.
If there are any disputes or otherwise, relating to these terms, then these will be governed by the laws of England, and subject to the exclusive jurisdiction of the English courts.
CONTACT
12. HOW TO CONTACT US
To contact us, please email info@pdneurotechnology.com.