EMIS NOW
Terms of Use Policy and Code of Conduct
Please note that use of EMIS Now in relation to the provision of support services is intended for use by users of EMIS Group products and services.
Provision of support services will be subject to the terms of the separate agreement(s) which is/are in place between us governing the use of the relevant system(s) and our delivery of the support services detailed therein (including, in relation to any response times and other service levels).
We also provide a Community area within EMIS Now which allows users to interact with one another and with our staff and use of this is subject to the Community specific terms below.
If you are not a current user of an EMIS Group service (with a separate contract in effect) then the terms of use set out below will apply to any use you make of EMIS Now.
EMIS Now is operated by Egton Medical Information Systems Limited (referred to below as "we", "us" or "our") (company number 2117205) with offices at Fulford Grange, Micklefield Lane, Rawdon, Leeds, LS19 6BA United Kingdom. We are a limited company.
Application of Terms of Use
These "Terms of Use" (together with the documents referred to in them) tell you the terms of use on which you may make use of our website EMISNOW.COM and related services (collectively, the "Website"), whether as a guest or registered user. Use of our Website includes accessing, browsing, searching, using our forums, use of any service which we may provide or registering to use the Website.
Please read these Terms of Use carefully (including the "Limitations of Liability" and "Choice of Law and Jurisdiction" sections below) before you start to use our Website, as these will apply to your use of our Website (subject, as noted above, to any separate agreement between us relating to the provision of support services which in case of any conflict will take precedence).
We may update these Terms of Use from time to time, including, to reflect changes in law or as a result of changes to the content of the Website or the addition of new features – it is therefore important that you refer to these Terms of Use from time to time to ensure that you are familiar with the relevant terms which will govern your use of the Website.
By using our Website, you confirm that you accept these Terms of Use and that you agree to comply with them.
If you do not agree to these Terms of Use, you must not use our Website.
These Terms of Use incorporate the following additional terms, which also apply to your use of our Website:
Subject to any specific terms identified in respect of a particular feature or part of our Website, and any separate terms between us governing the provision of support services, these Terms of Use (including, our Privacy Notice) constitute the entire agreement between you and us with respect to your use of the Website.
Accessing the Website
We do not guarantee that our Website, or any content on it, will always be available or that access to it will be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website (or any part, feature of or service under the Website) is removed or is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to access our Website (including, having access to an internet connection and an appropriate browser).
You are also responsible for ensuring that everyone who accesses our Website through your internet connection is aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
Prohibited Uses
You may use our Website only for lawful purposes. You may not use our Website:
Disclaimers
The Website contains content generated by us. The Community Forums will also include information provided by our users. The content we provide via the Website is provided for general information purposes only. It is not set up to provide specific advice on which you should rely. For the avoidance of doubt, the Community Forums are a distinct part of the Website and the posts and information contained within it may not have been created by us (or on our behalf) but have been drafted by individual users – whilst it can be a useful support tool it is important that you recognise that you need to take particular care when using the Community Forums and, again, always seek advice from our support staff in relation to any specific incidents or problems.
The information contained in the Website (including, the Community Forums) may contain technical inaccuracies or typographical errors. We reserve the right to make changes and improvements to any information contained within the Website, at any time and without notice.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date. We also do not warrant or represent that the information or materials available through the Website will meet your particular requirements or needs or that access to, or use of, the same will be uninterrupted or completely secure. Again, this is without prejudice to any obligations we may have to you regarding the provision of support services under a separate contract.
Intellectual Property Rights
We are the owner (or the licensee) of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may download and/or print off one copy of extracts of any page(s) from our Website for your personal use and you may (in a non-commercial context) draw the attention of others to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not further use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the author(s) of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us (or our licensors as appropriate).
If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website (and any related materials) will cease immediately and you must, at our choice, return or destroy any copies of the materials you have made (and these Terms of Use shall continue to apply in respect of any such materials).
Website and Community Forums – Code of Conduct
This Terms of Use Policy and Code of Conduct sets out the standards that apply when you upload content to our site, make contact with other users on our site, link to our site, interact with our site in any other way or attend any in-person events associated with the EMIS Now Community.
By accessing our site and/or using the forums, you confirm that you accept and agree to be bound by the terms of this policy.
A welcoming environment
In the interest of fostering an open and welcoming environment, we want to ensure that participation in our community remains a harassment-free experience for everyone, regardless of age, body size, disability, ethnicity, gender identity and expression, level of experience, nationality, personal appearance, race, religion, or sexual identity.
Our Interactive Services
EMIS Now provides interactive services to end users including a message board. We reserve the right to change the nature of the services offered at any time.
The interactive services are intended for use by medical professionals and practice staff. The interactive services are not designed for, or intended to be used by, those under 18, users under 18 should be supervised by an adult when accessing the interactive services.
Contribution and Content Standards
The 'Content Standards' set out in this policy apply to any and all material which you contribute to the message board or site (each a "Contribution") and to any other services associated with them. EMIS shall have sole discretion to determine whether a Contribution meets these Content Standards and reserves the right to take action against you (as detailed in the Breach section below) if it determines that these Content Standards are not met.
Acceptable Contributions include:
Unacceptable Contributions to the message board and/or website include:
Breach of the Terms of Use and Code of Conduct
Users may report apparent violations of the Code of Conduct via the 'Report Content' option available on posts. All reports will be reviewed and investigated and may result in a response if deemed necessary and appropriate to the circumstances. Further details of specific enforcement policies may be posted separately.
EMIS has the right to take any action we deem appropriate where we consider that a breach of this Terms of Use Policy and Code of Conduct has occurred. This includes rights to:
The message board is moderated by members of staff at EMIS and the moderators can be contacted at: customercomms@emishealth.com.
Governing Law
This Terms of Use Policy and Code of Conduct is governed by the law of England and Wales. Both parties agree that the courts of England and Wales shall have exclusive jurisdiction to address any dispute arising under this policy.
Linking to our Website
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other site.
We reserve the right to withdraw or limit this linking permission without notice.
If you wish to make any use of content on our Website other than that set out above, please contact us using this form.
LIMITATIONS OF LIABILITY
Please read this section carefully as it sets out the limits of our liability to you in relation to your use of the Website. For the avoidance of doubt, this section is without prejudice to any separate terms which may be provided for in relation to our provision of support services pursuant to a separate contract entered into between us.
Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or for our fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied. The Website is provided on an 'as is' basis.
We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We use our reasonable efforts to check the accuracy of the technical information published on our Website. You should, however, note that we do not warrant that such information will be error free and you acknowledge that the information, products, and services published on this Website may include inaccuracies or typographical errors. Changes are periodically made to the information set out in our Website.
We make no representations about the suitability of the information, products, and services contained on this Website for any purpose.
Subject to the second paragraph under this section (Limitations of Liability), in no event shall we (or any of our suppliers or licensors) be liable to you (or to any other user) for any indirect, incidental, special, or consequential loss or damage, whether arising in contract, tort (including negligence or breach of statutory duty), or otherwise, even if we, or any of our suppliers, have been advised of the possibility of such damages, arising under or in connection with:
Subject to the second paragraph under this section (Limitations of Liability), our liability (and that of our suppliers or licensors) for any losses suffered arising out of, or in connection with, your use of this Website, whether in contract, tort (including negligence or breach of statutory duty), or otherwise is limited to the greater of: (i) the total value of the relevant transaction (if any) under which the claim arises for any one event or series of connected events, or (ii) the sum of one thousand pounds (£1,000).
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
This section does not affect any legal rights you may have as a consumer.
You acknowledge that we have made the Website available to you in reliance upon these Terms of Use and in particular these Limitations of Liability.
Breach of these Terms of Use
If you fail to follow these Terms of Use when using this Website, you may be sent an e-mail in respect of any such failure. If your failure relates to any contribution or submission to our Website then any such email may inform you as to why your contribution to the Website (including the Community Forums) has been rejected or edited. This mail may also include a warning that continuing to break the rules may result in action being taken against your account(s).
If you are held to be in breach of any of these Terms of Use then your account(s) may be placed into pre-moderation (meaning that all your contributions will be subject to prior review by a moderator) or we may temporarily or permanently suspend your ability to log on to the Website.
If you post or send offensive or inappropriate content to, or via, this Website or otherwise engage in any disruptive behaviour on the Website, and We consider such behaviour to be serious and/or repeated, then We may use whatever information we have available to us about you to prevent any further such incidents from arising. This may include informing relevant third parties such as your employer, school or email service provider and/or the authorities regarding any such incident(s).
We reserve the right to delete any contribution, or take action against any account, at any time, for any reason.
Collection of Personal Data
If you register to use the Website, or any service(s) accessible through the Website, then we may collect personal data from you (including, without limitation, your name, nickname, age, medical conditions and a valid email address). This data will be securely held in accordance with the terms of our Privacy Notice.
If any third parties are involved in the delivery or operation of any services that you may choose to receive then this will be detailed in the information and terms provided to you at the relevant time.
Viruses
We do not guarantee that our Website will be secure or free from bugs or viruses and you should use your own, up-to-date, virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Choice of Law and Jurisdiction
Please note that these Terms of Use, and the agreement which exists between us under the Terms of Use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction (save that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland) over any disputes or claims which might arise.
If you are accessing this Website from outside of the United Kingdom then: (i) we make no representations that the content of this Website will be suitable for your requirements or that it is permissible or legal for you to access the same; and (ii) your use of the Website is entirely at your own risk and you are responsible for ensuring that you act in accordance with any applicable laws.
Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph.
General
We reserve the right to change these Terms of Use (and any other terms, conditions, and notices) under which this Website is offered.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
We reserve the right to freely assign, or otherwise transfer, any of our rights or obligations under these Terms of Use to any third party at our discretion.
Any provision of these Terms of Use that expressly or by implication is intended to come into, or continue in, force on or after termination of your right to use the Website shall remain in full force and effect, including, any licences granted by you in respect of any uploaded content and the provisions of the section titled Limitations of Liability.
We will not be in breach of any of our obligations under these Terms of Use (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in, or from, performing any of our obligations by any event beyond our reasonable control. The time for performance of such obligations shall be extended accordingly.
Subject to any specific terms detailed on the Website in relation to particular features or materials, these Terms of Use (together with the Privacy Notice and Cookie Policy) set out the entire agreement between you and us in respect of your use of the Website.
No failure or delay by us to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Any rights not expressly granted herein are reserved.
Contact Us
To contact us, please use the contact/feedback form.
© Egton Medical Information Systems Limited. Registered in England and Wales. All rights reserved.
Registered number: 2117205. Registered office: Fulford Grange, Micklefield Lane, Rawdon, Leeds LS19 6BA. EMIS Health is a UK registered trade mark.