Please read these Terms and Conditions carefully before attempting to subscribe to the MEDeCARD Service, they contain important information about your rights and obligations. |
1 General Provisions |
1.1 Unless the context otherwise requires, in these Terms and Conditions the capitalised terms shall have the meanings attributed to them in the Glossary of Terms (listed at the bottom). |
1.2 The MEDeCARD Service is operated by Medecard Limited, a company incorporated in England and Wales, under company number 4237302, whose registered office is at 363 Liverpool Road, London N1 1NL ('we', 'our' or 'us'). Our VAT registration number is 778728365. |
1.3 By clicking on the 'I ACCEPT' button at the bottom of these Terms and Conditions you agree to be legally bound by these Terms and Conditions as they may be modified and posted on our MEDeCARD Website from time to time. In particular, we draw your attention to Clauses 11 (Warnings) and 12 (Liability). |
1.4 If you do not wish to be bound by these Terms and Conditions then you should not click on the "I ACCEPT" button. |
1.5 To download a copy of the Terms and Conditions (in Adobe PDF format) for your own records or print a copy select the "DOWNLOAD" or "PRINT" buttons at the bottom of these Terms and Conditions. |
2 Registration |
2.1 You must complete the registration in full. |
2.2 You must ensure that all the details you supply to us whether for the purposes of registration or otherwise are true, accurate and complete at the time you give them. You must let us know immediately if any of these details change. |
2.3 At any time during the registration procedure you may go back and amend or delete any details you have provided other than those which are compulsory. If you do not provide the required information then we cannot provide the MEDeCARD Service to you. |
3 Minors |
3.1 If you are placing a subscription request and/or making payment pursuant to clause 4 on behalf of an individual under 18 (eighteen) years of age (a "Minor") you hereby confirm that you are entitled to do so and hereby agree to be primarily liable for the performance of that individual's obligations under this Agreement. |
3.2 IF YOU ARE A MINOR and are placing a subscription request and/or making payment pursuant to clause 4 you hereby confirm and warrant that you fully understand the nature of the MEDeCARD Service, the nature of the obligations contained in these Terms and Conditions and you agree that all obligations and rights contained herein are enforceable against and by you. If you do not understand anything in this Agreement THEN YOU MUST ASK YOUR PARENTS OR GUARDIAN TO EXPLAIN IT TO YOU. |
3.3 Medecard Limited reserves the right to suspend or cancel this Agreement forthwith if it believes that you, as a Minor, either fail to understand the nature of the obligations you are assuming or you lack the necessary capacity to enter into this Agreement. |
4 Conditions of access to the MEDeCARD Service |
4.1 Provided your Annual Subscription Fee is paid in accordance with Clause 5, we grant you a non-exclusive non-transferable licence to use the MEDeCARD Service for an initial period of twelve months, and thereafter for further twelve month periods if you pay the Annual Fee. Further, you agree to be bound by these Terms and Conditions. |
4.2 Title to and all rights in the MEDeCARD Service belong to us or our licensors as the case may be and, except for the specific rights granted to you by these Terms and Conditions, you will acquire no rights in relation to the MEDeCARD Service. |
4.3 We may terminate or suspend your use of the MEDeCARD Service at any time if you are found in breach of any of these Terms and Conditions or at any time in our discretion without explanation. If you are notified of termination of your rights of use, you must immediately destroy or return to us your MEDeCARD CD-ROM and delete the MEDeCARD Download File if you have downloaded it on your computer. In these circumstances we may at our discretion refund to you any Annual Subscription Fee on a pro-rata basis for any period covered by the Annual Subscription Fee. |
5 Payment |
5.1 To pay for the MEDeCARD Service you will need to submit credit card or debit card payment details as requested during the registration process. |
5.2 Details of the Annual Subscription Fee, and the procedures for payment are displayed on the MEDeCARD Website. You must pay the Annual Subscription Fee by credit or debit card at the time of your subscription request and annually by the anniversary of the day on which we accept your subscription request. The payment will cover the first twelve months' access to the MEDeCARD Service. The price of any Annual Subscription Fee is the price in force at the date and time on which we accept your order. We reserve the right not to accept a subscription request for any reason within 7 days of your request. |
5.3 We are entitled to refuse any subscription request placed by you. If your subscription request is accepted, we will confirm acceptance to you by online electronic means by displaying your MEDeCARD Registration Number on the MEDeCARD Website following the registration procedure ('Confirmation'). We shall follow this up with an e-mail which we shall send to the e-mail address you have given us on registration. Making the MEDeCARD Service available to you following Confirmation constitutes acceptance by us of your order. You may only cancel your contract in accordance with Clause 6 below. |
5.4 You undertake that all details you provide to us for the purpose of subscribing to the MEDeCARD Service will be correct, that the credit or debit card, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Subscription Fee (or an Annual Fee as the case may be). We reserve the right to obtain validation of your credit or debit card details before providing you with the MEDeCARD Services. |
6 Cancellation |
6.1 If you wish to cancel your subscription to any part of the MEDeCARD Service within 7 working days of receipt of the Confirmation for any reason (including if you simply change your mind), you may do so by sending us a notice in writing or other durable medium (including e-mail), but only if you have not yet accessed your MEDeCARD Account. If you cancel within those 7 days, you may claim a refund from us, which will be paid as soon as possible, but in any event within 30 days. |
6.2 If you have any complaints, you should direct them to us via e-mail at complaints@medecard.com or by post to Medecard Limited, 94-104 John Wilson Business Park, Whitstable, Kent, CT5 3QZ. |
7 Information you provide |
7.1 The following applies to any information you provide to us, for example during any registration or subscription process or your use of the MEDeCARD Service: |
7.1.1 You authorise us to use, store or otherwise process any Personal Information to the extent reasonably necessary to provide the MEDeCARD Service which is available through the MEDeCARD Website and/or MEDeCARD CD-ROM and/or MEDeCARD Download File and for collection of payments due as a result of your use of the MEDeCARD Service. If you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our Privacy Policy shall be known as the 'Purposes'). |
7.1.2 You must ensure that the Personal Information you provide is accurate and complete and that all registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our Privacy Policy. |
7.2 By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our MEDeCARD Website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should view or amend your details contained in your MEDeCARD Account. |
8 Warranties |
8.1 We warrant that we: |
8.1.1 have a right to license the MEDeCARD Service to you; and |
8.1.2 will provide the MEDeCARD Service with reasonable skill and care. |
8.2 We do not warrant that the Personal Information presented by or via the MEDeCARD Service is accurate or complete, therefore you are required to check the Personal Information from time to time or whenever you update your Personal Information or receive a replacement or new MEDeCARD CD-ROM or MEDeCARD Download File. |
8.3 The express terms of these Terms and Conditions are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law. |
9 Availability of the MEDeCARD Service |
9.1 We will try to make the MEDeCARD Service available but cannot guarantee that the MEDeCARD Service will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the MEDeCARD Service and, in particular, you must not attempt to circumvent any security, or tamper with, hack into, or otherwise disrupt any computer system, server, the MEDeCARD Website and/or MEDeCARD CD-ROM and/or MEDeCARD Download File, router or any other internet connected device. |
9.2 You may not use the MEDeCARD Service as anything other than an aide or information resource. You may permit third parties to use your Personal Information as the basis for providing you with medical care. In so doing you acknowledge that you are responsible for the accuracy, completeness and timeliness of such Personal Information and any reliance on such Personal Information by you or any third party to whom you disclose such Personal Information is at your risk. You must at all times consult a properly qualified medical practitioner and you must ensure that that medical practitioner forms an independent diagnosis of your medical condition. |
10 Security |
You are solely responsible for the use of and for protecting the confidentiality of your MEDeCARD Registration Number and Password. You may share these details with your nominated representatives but in so doing you acknowledge that any use of the MEDeCARD Service or your MEDeCARD Registration Number and Password by your nominated representative is at your risk. You acknowledge that the security measures we make available to you via the MEDeCARD Service or MEDeCARD CD-ROM and/or MEDeCARD Download File are sufficient for your purposes. You must notify us immediately if you suspect or become aware of any unauthorised use of your MEDeCARD Service or any other breach of security regarding the MEDeCARD Website and/or the MEDeCARD CD-ROM and/or MEDeCARD Download File that comes to your attention. |
11 Warnings |
11.1 It is a requirement of your use of the MEDeCARD Service that you assume total responsibility and risk for the use made of the MEDeCARD Website, MEDeCARD CD-ROM, MEDeCARD Download File and/or MEDeCARD Service, whether by you or anyone else that you allow access to. |
11.2 We will make all commercially reasonable efforts to ensure that the MEDeCARD Service performs substantially in accordance with the description of the MEDeCARD Service provided on this MEDeCARD Website from time to time and the MEDeCARD User Guide. |
11.3 We have used all reasonable endeavours to ensure that the MEDeCARD Service complies with the laws of England and Wales. However, we make no representations that the MEDeCARD Service is appropriate or available for use in locations outside England and Wales. |
11.4 We make no warranties, express or implied that making the MEDeCARD Service available in any particular jurisdiction outside England and Wales is permitted under any applicable laws or regulations in such jurisdictions. Accordingly, if making the MEDeCARD Service or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, then you may not use the MEDeCARD Service. You accept that if you are resident outside England or Wales, you must satisfy yourself that you are lawfully able to subscribe to the MEDeCARD Service. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the access or attempted access of the MEDeCARD Service by persons in jurisdictions outside England or Wales or who are nominees of or trustees for citizens, residents or nationals of other countries. |
12 Liability |
12.1 Subject to Clause 12.3, we shall be liable to you for direct losses suffered by you arising out of your use of or in connection with the MEDeCARD Service and which are directly attributable to our breach of contract, including any breach of Clause 12.2 below, or to any negligence by us, our officers or employees acting in the course of their employment. |
12.2 In the case of a breach of the warranty in Clause 8 or an error relating to the MEDeCARD CD-ROM, we will take all reasonable steps to correct the defective CD-ROM and/or reprocess any information submitted by you to your MEDeCARD Account, at no additional cost to you. |
12.3 Our liability under Clause 12.1 shall, in aggregate, in respect of any claim, or series of connected claims arising in any twelve month period, not exceed the Annual Subscription Fee. You are responsible for obtaining, if you consider it appropriate, insurance cover at your cost for any loss exceeding this limit. |
12.4 We will not be liable to you for any loss or damage arising out of your use of the MEDeCARD Service, or caused by any breach of contract, including any breach of Clause 12.3 above, or our negligence, to the extent that such loss or damage is indirect, consequential or special, whether or not we have been advised of the possibility of such loss or damage. |
12.5 We will not be liable to you for any loss or damage arising out of your use of the MEDeCARD Service to the extent that such loss or damage is: |
12.5.1 a loss of profits; |
12.5.2 a loss of data; |
12.5.3 economic loss; or |
12.5.4 any loss other than as set out in Clauses 12.1 or 12.4 |
whether or not we have been advised of the possibility of such loss or damage. For the avoidance of doubt, the provisions of Clauses 12.5.1, 12.5.2, 12.5.3 and 12.5.4 shall each be construed as a separate exclusion of liability. |
12.6 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the MEDeCARD Service and is compatible with our MEDeCARD Website and/or the MEDeCARD CD-ROM and/or MEDeCARD Download File. You also understand that we cannot and do not guarantee or warrant that any material available for downloading or installation from the MEDeCARD Website and/or MEDeCARD CD-ROM and/or MEDeCARD Download File will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. |
12.7 The limitations and exclusions in this condition only apply to the extent permitted by applicable law. |
13 Modifications to the MEDeCARD Service |
We reserve the right to alter, suspend or discontinue any aspect of the MEDeCARD Service, including your access to it. Unless explicitly stated any new features will be subject to these Terms and Conditions. |
14 Intellectual Property Rights |
The MEDeCARD Service and contents of the MEDeCARD Website and/or MEDeCARD CD-ROM and/or MEDeCARD Download File are protected by international copyright laws and other intellectual property rights. We, or our licensors, are the owner of these rights. All product and company names and logos contained within our MEDeCARD Website or the MEDeCARD Service are the trade marks, service marks or trading names of their respective owners, including us. You may not use these except to the extent expressly required in order to use the MEDeCARD Service. |
15 General |
15.1 We may assign, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time. |
15.2 We may alter these Terms and Conditions from time to time and post the new version on our MEDeCARD Website, following which all use of the MEDeCARD Service will be governed by that version. |
15.3 Any communications between you and us may be monitored and recorded by us in accordance with the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 as amended from time to time. |
15.4 These Terms and Conditions together with the Privacy Policy, any subscription request form and payment method instructions, if any, constitute the entire agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Terms and Conditions, Privacy Policy, order form and payment method instructions. |
15.5 If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. |
15.6 We are established in England and these Terms and Conditions and your use of the MEDeCARD Website and/or MEDeCARD CD-ROM and/or MEDeCARD Download File are governed by English law. You hereby agree that the place of performance of the MEDeCARD Services is England and you hereby submit irrevocably to the non-exclusive jurisdiction of the English court. |
15.7 Neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control. |
15.8 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy. The remedies provided in these Terms and Conditions are cumulative and not exclusive of any remedies provided by law. |
16 Notices |
16.1 All notices shall be given: |
16.1.1 to us via e-mail at legaldept@medecard.com or to 363 Liverpool Road, London N1 1NL; or |
16.1.2 to you at either the e-mail or postal address you provide during the registration process or such other address as you shall notify us from time to time. |
16.2 Notice will be deemed received when the e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting in the United Kingdom. |
17 Replacement |
These Terms and Conditions replace all other terms and conditions previously applicable to the provision of the MEDeCARD Service. |
Glossary of Terms |
"Annual Subscription Fee" : The fee payable by you annually for twelve months' use of the MEDeCARD Service as set out on the MEDeCARD Website from time to time; |
"MEDeCARD Account" : Your personal account which shall be accessible via the MEDeCARD Website by using your MEDeCARD Registration Number and Password; |
"MEDeCARD CD-ROM" : A CD-ROM which we may send to you from time to time which shall contain the details submitted by you and held by us in your MEDeCARD Account; |
"MEDeCARD Download File" : A download file which we may allow you you to download from time to time which shall contain the details submitted by you and held by us in your MEDeCARD Account; |
"MEDeCARD Registration Number" : The registration number that we shall issue to you following successful completion of the registration procedure; |
"MEDeCARD Service" : The service more specifically described on the MEDeCARD Website and/or MEDeCARD User Guide from time to time and provided to you by us or our sub-contractors from time to time via the MEDeCARD Website and/or MEDeCARD CD-ROM and/or MEDeCARD Download File; |
"MEDeCARD User Guide" : All customer guides, manuals or similar documents issued or made available by us to you at any time in any format (including electronically via help screens or online instructions) for use with the MEDeCARD Service; |
"MEDeCARD Website" : This MEDeCARD Website located using domain name www.medecard.com; |
"Password" : The word submitted by you to be used as your security password for accessing your MEDeCARD Account; |
"Personal Information" : Information provided by you to us via the MEDeCARD Service or otherwise which relates to and/or identifies you including but not limited to your name and address; |
"Privacy Policy :" The policy describing how we shall process only Personal Information submitted by you to us from time to time. To read our Privacy Policy please follow the link provided; and |
"you" or "your" : You the user of the MEDeCARD Website. |