Terms and Conditions

It may be necessary to change the following terms from time to time in the future. This end user license agreement will be available on the web site and by selecting 'About Mediary' on the menu at the top of the page. Your continued use of the system constitutes your acceptance of any revised terms.

Distributed in the United Kingdom by Health Insight Ltd.

All Rights Reserved.

This license applies to the version of mediary^® accessible at mediary121^tm on the web sites www.mediary121.net and www.mediary121.co.uk

1. YOUR AGREEMENT TO THIS LICENSE.

1.1. You should carefully read the following terms and conditions regarding your access to mediary121. Unless you have a different license agreement signed by the author, your use of mediary121 indicates your acceptance of this agreement ("License").
1.2. If you do not agree to all of the terms and conditions of this License, then please do not use mediary121 to which this License relates.
1.3. The terms and conditions of this License describe the permitted use by an authorised user of each licensed access of mediary121 ("Licensed Copy").
1.4. Health Insight Ltd provides this service to you on the explicit understanding and agreement that you will observe the ABPI code of practice. A copy of the code of practice can be accessed within any mediary web site.
1.5. Mediary is rigorously designed to comply with the code of practice and no health care professional is ever offered an inducement by mediary to use the system or provide appointments.
1.6. When you use mediary you are accessing an electronic diary on-line provided by the individual primary care practices that have made appointments and meetings available for you within their own policies.
1.7. If a Practice cancels your appointment it is their decision and responsibility, not that of mediary or Health Insight Ltd. Health Insight Ltd and Mediary simply provides online access and does not have any ownership of appointments or meetings put in the diary by practices.
1.8. The following aspects of the ABPI code of practice are expressly brought to your attention;

1.8.1. When you book an appointment it is in your name in the practice diary. If someone else turns up to claim the appointment there is the risk of the practice being inconvenienced by this.
1.8.2. The practice personnel have the right to report you or your company to the ABPI as a contravention of Clause 15.5 of the code of practice if this happens.
1.8.3. This right applies also if you make an appointment in person or by telephone where after someone else turns up to take it.
1.8.4. You may only have one 'identity' on the mediary system to avoid any duplicity or confusion which may directly or indirectly bring the medical industry into disrepute with its customers, the NHS.

1.9. When using the mediary 'notice board' to communicate with practices you must not mention any prescribeable product names.
1.10. You must not offer any inducement of any kind in exchange for an appointment of any kind.
1.11. If you contravene these terms and conditions of use your identity will be removed from the mediary system and the practices where you have appointments will be informed of the situation. Any decision to cancel your appointments remains with the practice.

2. SCOPE OF LICENSE

2.1. Each Licensed use of mediary121 must be by a single subscriber, or authorised person who uses the application via an internet browser personally on one or more computers, or on any number of single workstations, desktops, laptops, or mobile devices, all of which are accessed by the same username and password unique to the subscribing licensee.
2.2. All rights of any kind in mediary121, which are not expressly granted in this License, are entirely and exclusively reserved to and by the author. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, copy, or create derivative works based on mediary121, nor permit anyone else to do so. You may not make access to mediary121 available to others in any case who are not authorised users. You may not make access to mediary121 available to others in connection with a service bureau, application service provider, or any similar business to mediary, nor permit anyone else to do so.

3. WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS

3.1. The mediary121 APPLICATION IS HOSTED ON A SECURE SERVER PROFESSIONALLY MANAGED BY 'X402 LTD' in GLASGOW WITH STATE OF THE ART VIRUS CHECKING AND SECURITY FIREWALLS CONSTANTLY OPERATIVE. HOWEVER, mediary121, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE MADE AVAILABLE "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
3.2. In accepting this agreement you acknowledge that good data processing procedure dictates that any data in any program, including mediary121, should be backed up on a local media regularly and you hereby assume the entire risk of such data from mediary121 being retrievable for your own use covered by this License.
3.3. ANY LIABILITY OF THE AUTHOR OR HOLDER OF THIS INTELECTUAL PROPERTY WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE, IF ANY HAS BEEN MADE. IN ADDITION, IN NO EVENT SHALL THE AUTHOR, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF mediary121, OR TO YOUR RELATIONSHIP WITH THE AUTHOR.
3.4. NO LIABILITY IS ACCEPTED FOR ANY ERRORS ARISING FROM THE USE OF mediary121
3.5. NO LIABILITY IS ACCEPTED FOR THE UNAVAILABILITY OF SERVICE OR NONAVAILABILITY OF THE mediary121 WEB SITE.
3.6. NO LIABILITY IS ACCEPTED FOR ACTS OR CAUSES BEYOND THE REASONABLE CONTROL OF MEDIARY.
3.7. USERS ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR INDIVIDUAL USER NAME AND PASSWORD AND SHALL BE LIABLE FOR ANY LOSS WHICH MAY ARISE FROM THE MISUSE OF SUCH USER NAMES AND PASSWORDS.
3.8. USER DOCUMENTATION IS AVAILABLE TO AUTHORISED END USERS FROM AUTHORISED SOURCES INCLUDING THE mediary WEB SITES AND/OR FROM COPIES OF SOLID MEDIA SUCH AS A CD-ROM. ACCEPTANCE OF THIS END USER LICENSE AGREEMENT AND USE OF THE mediary121 SYSTEM RENDERS THE USER OBLIGED TO MAINTAIN THE CONFIDENTIALITY OF SUCH DOCUMENTATION DURING THE LIFE OF THE USE OF mediary121 IN THE UNITED KINGDOM BY ANYONE.
3.9. IN ADDITION, IN NO EVENT DOES THE AUTHOR AUTHORISE YOU OR ANYONE ELSE TO USE mediary121 IN APPLICATIONS OR SYSTEMS WHERE mediary121 'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD THE AUTHOR HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.

4. GENERAL

4.1. This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.

4.1.1. mediary121 end user license agreement;
4.1.2. Health Insight Ltd grants you the right to access any number of times the mediary121 application, under the following conditions.
4.1.3. mediary121 is "in use" on a computer when it is open and visible in an internet 'browser' or is resident in memory (i.e. Random Access Memory)
4.1.4. mediary121 may be accessed via a network which has internet connectivity.
4.1.5. The user will refuse to a third party any access of mediary121. Licensee will be entirely responsible for the respect of the agreement towards mediary
4.1.6. Health Insight Ltd will not be responsible for the quality of information contained in mediary121 or the use that is made of it.
4.1.7. Health Insight Ltd will not be responsible for the loss of information and asserts the need to frequently make backup copies of the data you may take from mediary121.

5. RESTRICTIONS

5.1. You are expressly denied the right to copy, alter, merge, modify or adapt mediary121 in any way including disassembling or decompiling. You must maintain reasonable security standards that prevent unauthorised access to mediary121 which includes logging out of the application when leaving it unattended.
5.2. This restriction does not affect the specific rights granted by mediary in particular situations and under any legislation implementing the EC Council Directive on the Legal Protection of Computer Programs.

5.2.1. You cannot assign your rights under this agreement to any third party and nothing in this license shall create any right or benefit for any third party under Contracts (Rights of Third parties) Act 1999.

5.3. In the event of notice regarding any breach whereon mediary chooses to waiver such breach(s), any such waiver shall not affect the rights of mediary to enforce any breach at a later date.

6. COPYRIGHT

6.1. All intellectual property rights of mediary121 and user documentation are licensed by Health Insight Ltd or associated companies. The user must inform Health Insight Ltd immediately about any act or fact the licensee notices which could affect the interests or rights of Health Insight Ltd and licensee will take all necessary measures to respect the rights of Health Insight Ltd on mediary121 and user documentation. Health Insight Ltd retains all rights not expressly granted.

7. WARRANTY

7.1. Although Health Insight Ltd does not warrant that mediary121 is free from all known viruses it has used professional and commercially reasonable efforts to check for the most commonly known viruses but the licensee will be solely responsible for their local virus checking and scanning.
7.2. Except as specifically provided herein, Health Insight Ltd makes no warranty or representation, either express or implied, with respect to mediary121 or user documentation, including their quality, performance, merchantability or fitness for a particular purpose.
7.3. It is impossible to warrant an optimal working access of mediary121 in any circumstance, even as tested intensively due to the behaviour of the internet out with the control of mediary. It remains to the user to appreciate the limits of mediary121 in the context of the internet and as made available. The user must bear ultimate responsibility for checking the correctness of any information obtained by the use of mediary121.
7.4. The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied.

8. LIMITATION OF LIABILITY

8.1. Because mediary121 is inherently complex and may not be completely free of errors, mediary advise you to verify your work and to make backup copies of important information. No cover or consequential damages arising out of the use of or inability to use mediary121 or user documentation, even if advised of the possibility of such damages can be considered. In the event that this exclusion shall be held to be invalid for any reason and Health Insight Ltd becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to the licence fee paid by you, if any, for mediary121.
8.2. Health Insight Ltd maintains the right in its sole discretion to modify or temporarily discontinue the user's use of the service and shall not be liable to anyone for such modification, suspension or discontinuance of the service.

9. TERMINATION OF USE

9.1. Health Insight Ltd IS ENTITLED TO TERMINATE YOUR LICENSE TO USE THE APPLICATION AND SERVICE KNOWN AS 'mediary121' AND MAY CHOOSE TO GIVE NO REASON. IN SUCH CIRCUMSTANCES YOUR USER NAME AND PASSWORD WILL BE MADE INVALID. IF YOU ARE REFUSED ANOTHER USER NAME AND PASSWORD YOU ARE LEGALLY OBLIGED UNDER THIS AGREEMENT TO RETURN ANY USER DOCUMENTATION OR MAKE IT AVAILABLE FOR COLLECTION BY OUR REPRESENTATIVES.

10. GENERAL

10.1. The laws of England, Wales or Scotland and the European Council cover this agreement and both parties accept the jurisdiction of the courts of either England, Wales or Scotland in relation to any disputes arising under the license.
10.2. On acceptance of these terms an end user license is granted to the user by the undersigned;

Ian D Kennedy MBA. Chief Executive Officer.

Health Insight Ltd