CLOUD SOLUTIONS FOR HEALTH
SECURELY UPDATING YOUR DATA.
Terms & Conditions Of Use
English | German | Spanish | French | Italian | Dutch | عربى

NOVEMBER 2022 - These Terms are in English | German | Spanish | French | Italian | Dutch | Arabic

BUT ENGLISH IS THE OVERALL CORRCT VERSION AND SHOULD BE REFERRED TO AT ALL TIMES

1. Who we are / What we do
2. Conditions of use
3. GDPR and Security compliance / Data Deletion
4. DELETE YOUR ACCOUNT AND ACCESS & 4A REMOVAL / TRANSFER of YOUR DATA - EXPORTING
5. Data Storages & 5A Who owns the DATA
6. Payment Gateway Services
7. Staff access to your Data / Overseas Access / USE AND COMPLIANCE BY USER
8. Privacy Policy and How we manage your data and Medical Claiming Services
9. FEATURES Terms and Conditions
10. FEES and charges for services provisions on behalf of processing organisations (if applicable to the product)
11. Permitted Agreement Uses and Restrictions.
12. Mediclinic Software Updates- Automatic Updates 7 Consents
13. Disclaimer of Warranties.
14. Controlling Law and Severability
15. Third Party Software
16. Developer access
17. MEDICLINIC SOFTWARE will be a partner in your business not a competitor.

PLEASE READ THIS SOFTWARE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING MEDICLINIC SOFTWARE. BY USING MEDICLINIC SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, MEDICLINIC SOFTWARE WILL CEASE YOUR USE AND ACCESS

TO COMPLY WITH GDPR and for Security Verification purposes we must get you to AGREE each time you log on or in to use our software platform or to use our App. We will record each time you AGREE. We will also send you an email that you have agreed and a copy of the TERMS of Agreement

1. Who we are / What we do https://mediclinic.com.au/#/ https://findadoc.berlin/FindADoc/BookingSearch.aspx https://mediclinicsoftware.eu/en/home

Mediclinic Software is a Software as a Service model. The use of the name Mediclinic Software hereafter will refer to all of our services including FIND A DOC and FIND A MEAL or FIND A RESTAURANT are part of our company services and we provide our app used on a mobile or other devices. It may be used for booking of appointments data storage or data storage and sharing of documents and also for contacting your health professional or provider and is connected to but operated independent of our main software for all service provision - however the app links aspects of the software for you. We do not own your data but act as a gateway between you and your selected health professional or clinic service or food service where supplied. Mediclinic Software merely designs the system and software to operate the Mediclinic Software Mobile APP named Find A Doc or maybe another APP designed specifically for our clients.

2. CONDITIONS OF USE

BY CLICKING AGREE to Terms and Conditions or using our service you agree to allow us or our service providers or the Service you are selecting to use, to maintain and store data as is needed to provide you with these services. We will record electronically each time you agree.

By using this software or application you specifically and explicitly AGREE to all consents to the use of the information you provide to our people using our software or app services and platforms, partners, clients or your health provider or other party using the software so that they may provide you in any form of communication with you BY SMS Email, Telephone marketing or other means by the authorised persons of our clients or partners required for the full functioning of our application and software or their own specific purposes.

We may need for security or operational purposes collect, store or share you IP address (Internet Protocol which is the unique identifier of your internet provider assigned location. We may do this so that various devices cannot access or services for fraudulent purposes or partners may use this for location purposes.) address with our business service providers. We do not use this for marketing and we only share this when necessary or as part of use of other party services

We may use COOKIES and you agree to us using COOKIES on your device when you use Mediclinic Software or our products. Cookies enable us to make various parts of the software work for you. We do not pass this information to any third party nor do we use this information outside our program provided to you.

This information may be stored by us on our secure servers linked to your professional health provider or our clients using our software. You AGREE to all of this by clicking on the Accept the Terms and Conditions when you continue to use the mobile application or software. You agree that you will take all measures possible to secure your device form unintended or unauthorised use or access. By using our Software or Mobile Application or the APP of our clients you take full accountability and responsibility for all information you download, saved or distributed or shared or stored. You totally and irrevocably and completely indemnify us and our users, or any customer of ours, gateway partners or companies organisations and persons providing services to us and therefore you to use our software, of all liability whatsoever and no matter how any breach (if any) is made of your data or privacy. You take full responsibility for all data you access when using our APP or our clients APPS.

CREDIT CARD INFORMATION or PERSONAL INFORMATION stored on our system. Mediclinic Software may have areas or data fields where you can store patients or personal information such as credit card information, driver’s agreement, date of birth or other information. Mediclinic Software does not accept any responsibility whatsoever for the safety of this information or how this information may be used. We will do what is reasonably possible to store and protect all information, but we strongly advise against storing any information which could potentially be used to harm any person or have any potential misuse in any way by any party whatsoever.

WE STRONGLY RECOMMEND CREDIT CARD DATA be stored by our integrated Credit Card Process company – BLUESNAP PAYMENTS.

3. GDPR and Security Compliances Including article 6 personal Data

We currently use the services of Microsoft AZURE servers who comply with GDPR rules. We operate at the highest levels of protection at all times but for security reasons we do not detail the encryption or security measures we employ. We maintain Data encryption keys separately. All Data is encrypted in transit and in all databases and when at rest. We consistently keep updating our security measures.

We may need for security or operational purposes collect, store or share you IP address (Internet Protocol which is the unique identifier of your internet provider assigned location. We may do this so that various devices cannot access or services for fraudulent purposes or partners may use this for location purposes) address with our business service providers. We do not use this for marketing and we only share this when necessary or as part of use of other party services.

4. DELETE YOUR ACCOUNT AND ACCESS

AT ALL TIMES YOU CAN DELETE YOUR ACCOUNT AND ACCESS and information you have personally stored in our app service and if the data is not subject to any government regulation such as storage of medical information held by a medical professional all data will be deleted. If the data is subject to storage conditions then a request is sent to your health professional to delete the data or contact you. We will separately notify you by email that we have done this.

DELETION of DATA. Because we are merely a gateway between you and your health provider, there are situations or laws applicable from time to time that we must adhere to. Depending on where you live the laws may vary and we are not always aware of laws in place at every time. In some circumstances we are able to delete your data at your request. This will be limited to what part of the software or App you are using. If we are not certain on what Data we are able to delete we will notify your Health provider that you are requesting deletion of your personal files. It will then be up to that Medical Provider to assess the implication of applicable laws. We will provide a connection link where the Provider must reply to your request and we will act upon that request of the medical provider if they are storing your data. If it is merely an account you have created in Our app then we will delete the information stored.

If you remain a patient, customer or client or of any service using any parts of lour software you can always re register with our app for future use but any photos or personal information you stored in our secure file storages would have been deleted and cannot be re accessed.

It is only if you are connected to a health provider or health service we will forward the request for deletion of data to them as they will have to abide by the laws of the place where your data is being used. We have no control over this.

If you are a health provider and have connected to our app from a medical clinic or service you are working for, only that clinic or medical service can deregister your access. You can always remove yourself from our pp usage by deletion of our app off your computer device.

If you remain actively employed by that provider or medical service you can always re register with our app for use.

You also agree and consent to allow us to access, provide communication or our clients to provide communications to you or other parties required for the functioning of the software or services to you and share this information held by us on our data servers and systems to be shared over electronic devices for you and indemnify us and our clients of all responsibilities normally implied for security of your data.

4A. REMOVAL / TRANSFER of YOUR DATA - EXPORTING - as previously stated, the data always remains your property but there will be a fee to provide this to you. The fee will depend upon how much data and scanned, or stored records needs to be collated and exported and an account will need to be paid BEFORE we provide this data to you.

Title and intellectual property rights in and to any content displayed by or accessed through the Mediclinic Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This Agreement does not grant you any rights to use such content.

5. Data Storages

Data is stored on servers to comply with relevant laws that are in place and may change from time to time. We employ various security protocols to protect you and us at all times and by you using our software you agree to these terms.. We may need to use your data to communicate information to health providers, payment processors or SMS or email services but at no time do these services have access to anything other than the basic information required for the service provision and we do not allow them to retain you data. For example, SMS reminders will give your name and appointment date and time and the name and location of where you are to attend and nothing more and this is to make it simple for you accessing Maps to help you.

5A. PATIENTS ACCESS AND WHO OWNS THE PATIENT RECORDS.

Mediclinic Software does not own your patient records and we do not provide a service to patients but to you as our client. Mediclinic Software in no way has any agreement with your patients nor do we provide your patients with our services directly.

As such, we do not hold patient records on behalf of any patient and any access to those records requested by your patients must come to us in writing for appropriate legal authorities or from you allowing access.

Before release of any medical records or information all of our fees owed by you and access of patient specific records fees must be paid in full.

YOU SHOULD MAKE THIS KNOWN TO YOUR PATIENTS

For specific releases of patient Medical Records or any other information requested by appropriate legal authorities patient specific fees will be AUD$100.00 per record. A record is deemed to be separately charged for either of one patient attendance record, or one scanned document or one record of any other means.

6. Payment Gateway Services

Payment gateway Services require the name of your card or and bank details and amount to be paid and the link to the invoice being paid. Nothing else is provided and once completed the details of the transaction are not visible for future use. It is a one-time use only. Information used by your payment institution is out of our control.

7. Staff access to your Data.

Staff access to your Data Support personnel, programmers and management may be able to access your data for the purposes of assisting you and a log of all persons and times the data is accessed is recorded. Data that can be accessed is severely restricted to a one-time use. The data cannot be removed from our servers without a complex instruction simultaneously by 2 different programmers at any time. We may need opt process or send some of your data outside the European Union for processing purposes such as SMS Email or Data used for service provisions or sometimes, we may not be aware that the data centre is transferring data offshore, and this will always be encrypted to the highest available standards at that time.

OVERSEAS ACCESS

You Agree by use of our software and the signing in and use of our software and your database, that at times DATA MAY BE ACCESSED OVERSEAS by Mediclinic Software staff, suppliers and 3rd parties. We may use 3rd party developers, security advisers and others for certain functions. For the purposes of software development data deployments, security checking, services provision, and various other methods required to operate a Successful Multi-National business with partners who are overseas based supplying services to us and our clients your data may be accessed or sent overseas for the purpose of providing a service to you. The overseas access is only for the time of the required use of that piece of data and not all data. For example we may have one of our staff assisting you with a patient or client issue so our staff which may be in another country will access this piece of data to assist you. You may also need help from a bank located overseas for the processing of a payment and this piece of data is sent to them for processing to assist you.

Data is not stored or distributed permanently outside of the realm in which the client is legally operating. We also employ services from various Microsoft or other partners in the supply of our Cloud environment and they may at times need to be located overseas when providing services to us to assist you.

USE AND COMPLIANCE BY USER

Mediclinic Software provides a separate database for each of our clients. Within this database you may store images, files, documents and data. We do not restrict what you can store or how much data you store. Security of threat protection within these files your responsibility as we do not allow opening of these files within the databases.

If using our APP you will have all these security features automated from your Smartphone device and fully encrypted as well as any document or ite you store with us fully encrypted so even we cannot see or access your information.

Within your database, Mediclinic Software provides a system where you the user controls who has access to and what access, a user within your organisation has at all times. You control your users, the deletion of users and rights. We have various STAFF roles that allow you to set these as well as a menu option chart of rules you can add or take away user rights and access. You may at any time reactivate any user account you have deleted.

Mediclinic Software does not monitor your staff or delete or add users for you. This remains your responsibility. We may at time have need if instructed by legal authorities to act in a way to prevent you or staff accessing data. We will act only if requested by your site administrator.

Mediclinic Software provides various layers of security and user access. We control the layer that you can see and have access to – your administrator and privileges. You may at any time create or delete any user account for your own purpose. At all times you the client has control for roles and responsibilities for provisioning and de-provisioning user account entitlements (e.g., internal employee and personnel changes, customer access, suppliers' business relationships, or other third-party business relationships that you may employ.

8. Privacy Policy and How we manage your data and Medical Claiming Services

Mediclinic Software is an International company providing software solutions to Medical Practices and Medical Services and Health Professionals as well as Food and other businesses World Wide.

Mediclinic Software also uses the services of other companies and entities in managing this software which is CLOUD based. Some of those companies are associated with the Australian Company Mediclinic Software but may be based overseas. At all times, all data held stored or managed by us in our data bases is managed and supervised under the strict rules and regulations of the relevant country.

In Australia, we are under Australian Government rules and laws and we abide by those rules always. We only store and manage data under these rules and in accordance with the Privacy Principles under law. Germany and USA and UK are under those rules. EU countries are governed by applicable laws for data managements and hosting only.

In Europe, UK, USA and any country where we operate we also comply with or exceed the laws of those respective countries. We are not interested in selling or using your data you place with us in trust and we respect that, and we do everything we can to ensure that data is always protected often exceeding requirements set by Government or other bodies.

Where we hold our data and where we back up our data is always in a country on servers that also comply with

Australian Government or applicable Government regulations where we operate. For your peace of mind, we will never have data stored in any place, country or server that that does not comply with the highest safety, privacy and security standards.

At all times, we never share this data or information with any company, body or person unless it is required by law, or instructed under a court order or Government directive.

The data we hold is only used in a way so that you the user of our software may manage your business for the benefit of your patients or clients. We do not interfere in this process.

We are a Software as a Service model and we have no interest in your data other than providing a service so you may perform your business duties in a legal manner.

To keep our Privacy Policy SIMPLIFIED, we do not use any data or information for any purpose whatsoever other than in the performance and duty of providing a service to you or your clients or patients in a legal and secure manner.

No data is on-sold for marketing in any way. WE RESPECT SECURITY AND PRIVACY at all times.

By agreeing to the use of our software it is also your responsibility to ensure the security of passwords, usernames and log in at all times of all your users and staff and people you authorize to use the software we provide.

You also agree that in allowing us to maintain this data for you that at times we may use our associated services to perform these functions for you both within and out of the country in which you operate our software but at all times complying with the Australian Laws or the laws of the country in which we provide the software services to you.

FOR AUSTRALIAN CLIENTS: USE OF MEDICARE DVA or Department of HUMAN SERVICES or any other treatment or financial claims processing

Should you use our software for processing of your claims to any government department or any other agency, company or person ore service then you should be aware we are not responsible for any error omission or delay in your payment. We will assist but our fees for this service may apply as per our Conditions of Use. You should be aware that if you are using multiple platforms or software to process any claims treatment or anything else then you may not get paid at all due to conflicts at the receiving party's end processing your claim. We are not responsible for these errors should they occur.

If you use Medicare or DVA claims processing this may cause conflict and show as paid or not paid and there is nothing we can do to assist you.

FOR EU, UK AND USA CLIENTS:

Data will exceed GDPR and HIPAA requirements and any other requirements set in place from time to time. Our data will always be stored on a server exceeding standards set by Government.

It is up to you to ensure you also comply with requirements as to the collection use and dissemination of patient data. We can only secure data when it is within our servers, not when you download, print or email outside of our servers.

NO DATA IS EVER SOLD OR DISBURSED BY US FOR ANY MARKETING OR SALES PURPOSE. We are strictly a software platform to enable your business to utilise efficient and secure services and we do not use this data for any reason other than to assist you in using our software.

9. FEATURES Terms and Conditions

COMMUNICATION and other information for Self-Check-In service, Secure Mail and Chat

Mediclinic Software designs the system and software to operate the Mediclinic Software Mobile APP or APP designed for our clients. By using this software or application you specifically and explicitly AGREE to all consents to the use of the information you provide to our partners clients or your health provider or other party using the software so that they may provide you in any form of communication with you BY SMS Email, Telephone marketing or other means by the authorised persons of our clients or partners required for the full functioning of our application and software or their own specific purposes. This information may be stored by us or our clients using our software when agreed to by you. You AGREE to all of this by clicking on the Accept the Terms and Conditions when you continue to use the mobile application or software. You agree that you will take all measures possible to secure your device form unintended or unauthorised use or access. By using our Software or Mobile Application or the APP of our clients you take full accountability and responsibility for all information you download, save or distribute or share or store. You totally and completely indemnify us and our clients of all liability whatsoever and no matter how any breach is made of your data or privacy. You take full responsibility for all data you access when using our APP or our clients APPS.

You also agree and consent to allow us to access, provide communication or our clients to provide communications to you or other parties required for the functioning of the software or services to you and share this information held by us on our data servers and systems to be shared over electronic devices for you and indemnify us and our clients of all responsibilities normally implied for security of your data.

10. FEES and charges for services provisions on behalf of processing organisations (if applicable to the product)

PAYMENT of FEES. We may use our software for processing of credit card, Debit card or other payment services to pay for use of our services or to process payment services on behalf of our customers or people using our software platforms for products and services being purchased. Sharing of data essential for this purpose is AGREED BY YOU when you commence the process and once you have already agreed to these terms prior to us.

You agree to pay the fees as charged to you (if fees are applicable to your use of any of our products) from time to time that should you fail to pay the fee or fees requested in full including any third party access fees charged by Mediclinic Software to you upon issue of any invoice and within 24 hours of such issuance., otherwise Mediclinic Software has the right to disable your access to any server or computer or data file for update or any amendment whatsoever until full payment has been made and cleared by the bankers of Mediclinic Software. Restored use is at the sole discretion of Mediclinic Software. Should reception services fax to email SMS or any other service be in use then these too may be suspended without notice. WE have as a condition of use of our software and any other services provided by us that you complete and return to us a completed Credit Card Authority charge form, so we may deduct all payments due to us from your nominated credit or debit card. Should you elect not to use a credit or debit card and we permit you to pay by other means this is only permitted if payment is remitted to us within 2 business days after issuance and emailing of our invoice to you.

You may pay a fee for use of the Mediclinic Software or this software may be provided to you free or as a trial. All data remains your property, but we may restrict your use of that data or access to that data if any account for any service we may provide or charge you for regardless of whether or not we on- charge or charge you on behalf of another party or supplier. You further agree that should any fee not be paid then you may go to "read only" access or we may suspend your use and access to the software until the account is paid in full or as agreed with us in writing. All accounts are due for immediate payment and we do not issue terms. If no fee is paid or no arrangements made in writing for collection of your data, we will ARCHIVE the data for 2 years. The Mediclinic Software and any third-party software, Vendor or Supplier, documentation and any fonts accompanying this Agreement whether on disk, in read only memory, on any other media or in any other form (collectively the "Mediclinic Software") are agreement, not sold, to you by Mediclinic Software ("Mediclinic Software") for use only under the terms of this Agreement, and Mediclinic Software reserves all rights not expressly granted to you. The terms of this Agreement will govern any software upgrades provided by Mediclinic Software that replace and/or supplement the original Mediclinic Software product, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern. The agreement period or term is defined as the period under which payment is current for use of the software or any free period of grace provided to the user at the discretion of Mediclinic Software.

CHARGES OF FEES

You may be charged in a different currency to the currency of your location and currencies will always be owed and payable to the German entity.

Charges applicable will be those appearing on our website at the date of the invoice being raised to you and the website fees will be those applying to your specific clinic location.

11. Permitted Agreement Uses and Restrictions.

A. Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive agreement to use the Mediclinic Software. The Mediclinic Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Mediclinic Software is cloud based software accessible by a user name and password. You will hold harmless Mediclinic Software, its employees agents or any other party associated with Mediclinic Software should these user names and passwords become available to unauthorised persons howsoever obtained. By use of our Cloud based software you accept any risk associated now or in the future with any such violation of the data. Mediclinic Software it agents staff, assignees or any party authorised by Mediclinic Software will not be held liable for any loss or damage howsoever caused.

12. Mediclinic Software Updates- Automatic Updates. When you are using Mediclinic Software Updates, the Mediclinic Software will periodically check with Mediclinic Software for updates you will be responsible for ensuring that your data file is backed up PRIOR to installing any updates. Mediclinic Software will not be liable for any loss, damage or misuse in any way of data damage in any way shape or form if you fail to update or secure data as you enter data.

You may not rent, lease, lend, redistribute or sub agreement the Mediclinic Software. You may not provide your passwords for use to any other party. If you provide your username and or password to any other party Mediclinic will not be responsible in any way for any misuse of that information or data. Mediclinic deems you have provided your passwords and or username if any part of your data is breached in any way whatsoever. The software is protected to allow only the number of persons to use the software as you have authorised. Data access in your system is controlled by the Master Admin User. The level of access and what can be seen is limited to USER CONTROLS in the STAFF area. This is done by passwords and user names. You are held responsible for the safe keeping of same and fully indemnify Mediclinic Software and all associated persons or assignees in every way.

Updates: If an Mediclinic Software update completely replaces (full install) a previously agreement version of the Mediclinic Software, you may not use both versions of the Mediclinic Software at the same time nor may you transfer them separately. Old versions will not be available.

Consent to Use. You agree that Mediclinic Software and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, security and other services to you (if any) related to the Mediclinic Software and to verify compliance with the terms of this Agreement. Mediclinic Software may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. You further agree that all of your data is held on a server operated by Mediclinic Software or its authorised representative or other party and this data may not be transferred and used elsewhere. You further agree that should any fee not be paid then you will go to "read only "access after 7 days overdue and after 30 days overdue you will not have any access at all. Overdue means the period after which payment requested has not been paid by you. You further agree that as you may have use to the data file at all times during the agreement period, and you may authorise others to use of the data file during an agreement period, Mediclinic Software cannot and will not be held liable for corruption, loss or damage or sabotage in form to data integrity.

You further agree to notify immediately by email to info@mediclinic.com.au of any person who is no longer authorised to use the system. Mediclinic Software and all associated parties will not be held liable for any breach of security by your failure to notify us of any such person leaving your employ.

Other Services. This software enables access to Mediclinic Software's which offers downloads of data for sale and other services (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms of service which will be presented to you before you can use such Services.

By using this software in connection with an account, you agree to the latest Terms of Service, which you may access and review from MEDICLNIC Software if asked from time to time.

You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that Mediclinic Software shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and data categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Mediclinic Software does not guarantee their accuracy.

Certain Services may include materials from third parties or links to certain third-party web sites. You acknowledge and agree that Mediclinic Software is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. Mediclinic Software does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Mediclinic Software is not in any way responsible for any such use by you.

You agree that the Services, including but not limited to graphics, audio clips, and editorial content, contain proprietary information and material that is owned by Mediclinic Software and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

Mediclinic Software and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Mediclinic Software be liable for the removal of or disabling of access to any such Services. Mediclinic Software may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

13. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF MEDICLINIC SOFTWARE (AS DEFINED ABOVE) AND SERVICES (AS DEFINED BELOW) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MEDICLINIC SOFTWARE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MEDICLINIC SOFTWARE AND MEDICLINIC SOFTWARE'S LICENSORS (COLLECTIVELY REFERRED TO AS "MEDICLINIC SOFTWARE " FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MEDICLINIC SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MEDICLINIC SOFTWARE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MEDICLINIC SOFTWARE OR SERVICES THAT THE FUNCTIONS CONTAINED IN THE MEDICLINIC SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MEDICLINIC SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MEDICLINIC SOFTWARE OR SERVICES WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE MEDICLINIC SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE MEDICLINIC SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MEDICLINIC SOFTWARE OR AN MEDICLINIC SOFTWARE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MEDICLINIC SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MEDICLINIC SOFTWARE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MEDICLINIC SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MEDICLINIC SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Mediclinic Software's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

14. Controlling Law and Severability. This Agreement will be governed by and construed in accordance with the laws of the GERMANY, as applied to agreements entered into and to be performed entirely within GERMANY between GERMAN residents. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

Complete Agreement; Governing Language. This Agreement constitutes the entire agreement between the parties with respect to the use of the Mediclinic Software agreements hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use Mediclinic Software's online store which will govern your use of such store and any Services you purchase through that store. No amendment to or modification of this Agreement will be binding unless in writing and signed by Mediclinic Software. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.

15. Third Party Software. By use of Mediclinic Software and any third party Software, for example CalimingDot Com, TYRO or other gateway providers, , BLUESNAP OR OTHER PARTNERS, Microsoft or any other software used by Mediclinic Software, which may have their own separate agreement agreements and terms, BLUESNAP OR OTHER PARTNERS, Microsoft or any other software used by Mediclinic Software, which may have their own separate agreement agreements and terms, you agree that Mediclinic Software is in no way liable for any loss, damage, misuse or any other hazard which may have occurred by use of Mediclinic Software.

Third Party Acknowledgements and Terms. Portions of the Mediclinic Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and additional disclaimers for such material are contained in the "online" electronic documentation for the Mediclinic Software or may otherwise accompany such material, and your use of such material is governed by their respective terms.

Mediclinic Software is not obligated to provide you with new enhanced or additional data types or categories that Mediclinic Software may provide in the future and is free to discontinue its services at any time. MEDICLINIC SOFTWARE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MEDICLINIC SOFTWARE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE MEDICLINIC SOFTWARE OR ANY MEDICLINIC SOFTWARE SERVER. IN NO CASE WILL MEDICLINIC SOFTWARE IS LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.

Without limiting the foregoing, under no circumstances shall Mediclinic Software be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning

Miscellaneous Provisions. This agreement will be governed by and construed in accordance with the laws of the GERMANY, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the TOS to be unenforceable, the remainder of the TOS will continue in full force and effect.

Mediclinic Software code and programming is owned by several companies in the Mediclinic Software Group and service of legal documents on one company does not bind the other. The Mediclinic Software product cannot be used or interpreted by any party unless all ownership companies of Mediclinic Software agree.

This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Agreement will be effective only if in writing and signed by Mediclinic Software.

16. Developer API access

We may provide a Developer of your choice access to our software products services and or features. This will be to assist you I the operation of your choices.

We will never try to entice, steal, or redirect your clients’ services to our platforms. All we do is provide extra services to enhance your operations and services provisions to your own clients who may wish to us some of our features such as those in our FIND A DOC, Find a Meal, and Find A Restaurant app services as well as chat storages and secure messaging.

We will work with all developers and all clients to make sure services are the best they can get.

17. MEDICLINIC SOFTWARE will be a partner in your business not a competitor.

IMPORTANT NOTE: This software may not be used to reproduce materials. It is agreement for you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. This software may also be used for remote access to data files for listening between computers. Remote access of copyrighted data is only provided for lawful use or as otherwise legally permitted. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor.

Reminders

Add new reminder

:

Reminder List

Call Center Information
Waiting List
Translate
Task

restore