Terms and Conditions

Terms of website use

Use by you (“the User”) of this website whose homepage is at http://www.mymedicalprofile.co.uk (“the Site”), including the services provided on it (“the Services”), is subject to the following Terms and Conditions of Use ("Conditions"). Please read these Conditions before you use the Site. By using the Site, you indicate that you accept these Conditions and that you agree to abide by them, and you form a contract between you and us that we can enforce. If you do not agree to these Conditions, please do not use this Site.

The website and/or the Conditions may be updated by BMH Medical Associates from time to time without notice to you. You should review the Conditions periodically for changes. We may amend these terms of use from time to time, and the revised version will be effective when displayed here.

In these Conditions the term “health professional” has the meaning given in our privacy policy.

Warning – use of health professionals

We strongly advise all users to consult an appropriate health professional who will be trained in observation and interpretation of symptoms and will be able to provide a proper diagnosis based on a knowledge and understanding of all aspects of your condition and your medical history. The Site is not intended for emergency use. In the event of a medical emergency please dial the local emergency telephone number.

Information about us

The Site operated by BMH Medical Associates Limited (“us”, “our”, “we”). We are a company limited by shares, company number 6355392, registered in the United Kingdom, and have our registered office at [5 Tudor Terrace, Ravenhurst Road, Birmingham B17 9S].

Information about you and your status

Each time you use the Site, register on it or order any Service(s) you warrant:

The information you submit to us about yourself is true, accurate and not misleading
You are legally capable of entering into binding contracts
You are 18 or over
You are resident within the United Kingdom
You are accessing the Site from the United Kingdom, and
You are authorised to use the payment card you use to pay for the Service(s) you order.

Transactions concluded through the Site

Contracts formed through the Site by you registering with us or ordering Service(s) from us or as a result of visits made by you to the Site are governed by our terms and conditions of supply.

Accessing and using the Site – paying users

For registered users who have paid in advance for any Service(s) that is provided on-line via the Site we may suspend the Site, or access to it, at any time for maintenance purposes, although we will try schedule maintenance for off-peak times. We will not be liable if for any reason any Service(s) are unavailable at any time, unless they are unavailable due to a cause that is within our control for at least 25% of the relevant month. Our liability for unavailability of the Service(s) will not exceed the cost of the affected Service(s).

Accessing and using the Site – other users

For all other users or visitors to the Site, access to our site is permitted on a temporary basis, and we reserve the right to withdraw the Site without notice. We may restrict access to some parts of the Site, or the entire Site, to registered users. We may suspend the Site, or access to it, or close it indefinitely at any time and for any reason. We will not be liable if for any reason our site is unavailable at any time or for any period.

Accessing and using the Site – general

For all users (including paid-up registered users), we reserve the right to amend the Site without notice (although we are under no obligation to change it or keep it up to date).

We may suspend your access to the Site or the Service(s) if you or any user authorised by you does not comply with any of these Conditions.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of these Conditions.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection, or whom you allow to access the information you store on the Site, are aware of these Conditions, and that they comply with them.

Uploading your information

Whenever you make use of a feature that allows you to upload material to the Site (“Your Material”) you must comply with the content standards set out in these Conditions. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

You warrant that we have the right to use, copy, distribute and disclose to third parties for any purpose any material that you upload to the Site. We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site violates their intellectual property rights, or of their right to privacy. We will copy the third party’s allegations to you and it will be your responsibility to deal with the third party. We reserve the right to suspend the Service(s) until the third party’s allegations are settled.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. If any person obtains any judgment against us for violating their rights you must reimburse us for all sums payable by us under the judgment.
We have the right to suspend your access to the Site and/or the Service(s) or remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in these Conditions.

Nature of information you upload

You may not upload any content or information or other material that in our opinion infringes any applicable laws, regulations or third party rights (such as, for example, material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, discourteous, liable to incite racial hatred, menacing, blasphemous, abusive or inappropriate in view of the purpose of the Site and the Service(s).

Viruses, hacking and other offences

You must not misuse the Site by knowingly introducing or attempting to introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We reserve the right to report any such breach to the relevant law enforcement authorities and to co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. It is your responsibility to implement measures on your computer equipment to prevent and manage viruses or other technologically harmful material.

Use of Your Material

Subject to you meeting your above responsibilities regarding Your Material, you may print off any number of copies of Your Material from the Site, and may download Your Material, and you may distribute copies or downloads to other persons, and you may provide access via the Site for other persons.
In relation to others accessing Your Material, see further the Condition below under the heading “Access to the Your Material for health professionals”.

Use of other material on the Site

Except for Your Material, we are the owner or the licensee of all intellectual property rights in the Site, 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 print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others to material posted on the Site.
You may not reverse engineer, decompile, copy or adapt any software or other code or scripts that form part of the Site.

Intellectual property rights – general

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 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 authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information

Commentary and other materials posted on the Site are not intended to be exhaustive and may not be representative of medical research or opinion or to constitute advice for you to rely on. Also, some of the information published on the Site is provided by third parties and we are not in a position to verify it.

You should not rely on any material on the Site without getting confirmatory advice via a face to face consultation with an appropriately qualified health professional. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.

Reliance on your own health professionals

The Site includes a medical profile database and the Service(s) may include on-line indirect interaction with health professionals. The material is in no way intended to replace one-to-one consultation with an appropriately a qualified health professionals. The material should not be used as a basis for diagnosis, prognosis or choice of treatment.

Reliance on Your Material

We recommend that you get health professionals to check Your Material against original case notes before using it as a basis for diagnosis, prognosis or choice of treatment, or implementing any change in your health care. We accept no responsibility or liability for any misdiagnosis or wrong treatment of your based on information stored on the Site. We accept no responsibility or liability for or in relation to any diagnosis, prognosis or choice of treatment that is based on Your Details.

Reliance on Your Material – your inputs

The Service(s) are for you to store medical records compiled by you, electronically or as paper documents. The Service(s) are not designed to replace the medical records held by the National Health Service. We accept no responsibility or liability for the accuracy of any information stored by you using the Service(s). It is your sole responsibility to ensure that information you store on the Site is correct, complete, accurate and not misleading. We recommend that you get the information checked and approved by at least one appropriately qualified health professional before allowing any health professional to use it as a basis for diagnosis, prognosis or choice of treatment.

Reliance on Your Material – inputs by others

If you use any Service(s) that involve any change to Your Material, we accept no responsibility for the changes made by the relevant health professional. We act as your agent when we ask any health professional to provide any Service(s) for you. That means that we arrange for the health professional to do the work, but the contract is between you and the health professional. It is your sole responsibility to ensure that information you provide to the health professional is correct, complete, accurate and not misleading. Your health professional has sole responsibility and liability for any information (s)he gives you.

If you allow any other person (including any health professional such as health professionals who provide the Service(s)) to make any change to Your Material you may wish to get the changes checked and approved by at least one other appropriately qualified health professional.

Loss of your information

We are not responsible for loss of or damage to any information, under any circumstance, stored on the Site by you. It is your sole responsibility to take copies of Your Material in hard copy or electronic form using the facilities provided on the Site. We have no responsibility or liability for any loss of or damage to any information on the Site, including Your Material.

Geographical scope of the Service(s)

None of the Services provided on the Site are intended to be used by any person who lives outside the United Kingdom. We do not accept orders from individuals outside the United Kingdom.

If you send offensive or inappropriate material through or to the website, we may use your personal information to stop such behaviour.

No warranties

We make no warranty or representation give no undertaking that: (i) the Site or Service(s) will meet your particular requirements, (ii) the Site or Service(s) will be uninterrupted, timely, secure, or error-free, (iii) the information published on the Site or the reproduction of Your Material will be true, accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service(s) will meet your expectations.

Our liability

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity in relation to the Site and/or the Service(s).

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site or any Service(s), any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data
loss of goodwill
wasted management or office time, and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Links from the Site

We do not sell anyone else’s products or services via the Site, but the Site does contain links to other sites. We are not responsible for any of those third party websites, and accept no responsibility for them or for any loss or damage that may arise from you using them or products or services from them. This disclaimer does not affect your statutory rights against the third party seller.

Linking to the Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and in accordance with any policy or conditions we may impose on you from time to time. But 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.
You must not establish a link from any website that is not owned by you.
The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page.
We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Conditions.
If you wish to make any use of material on our site other than that set out above, please address your request to support@mymedicalprofile.co.uk

Information about you and other visitors to the Site

Personal information from you will be stored and used in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Although we reserve the right to disclose information without your permission in exceptional circumstances, we have no obligation to take any action or any responsibility for any disclosure we make in accordance with the privacy policy, or any failure to disclose provided that we comply with data protection law.

Access to the Your Material for health professionals

In this section of these Conditions the terms “Personal Data” and “Data Processor” have the meanings given in the Data Protection Act 1998. These provisions apply to the Personal Data comprising the medical details that you store using the Service(s).

You acknowledge and agree that:

we merely hosts your Medical Details and act as a Data Processor in relation to the Medical Details; and
if we commission any health professional to provide any additional service or give the instructions on your behalf, we will act as your agent of the User, ie we will merely broker a contract between you and health professional but will play no further role in it; and
if you request an additional service from us, we may permit any appropriate health professional from our panel of health professionals to view or edit the Medical Details (as required for the service) for the purposes of providing the additional service; and
we may permit any health professional who is granted access by you without our involvement, to view or edit your Medical Details (as you may decide); and
in either case it shall be your responsibility to manage and monitor the health professional’s use of your Medical Details, and in the case of additional services from us, we will provide a means for you to contact the health professional direct for such purpose, via the Service(s).

We warrant and undertake that in relation to its processing of any of your Medical Details at any time:

we shall act only within the permissions set out in these terms and conditions (including the privacy policy) or scope of the additional services or on any specific instructions from you; and
we have in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.

Notices – our intellectual property rights

Material other than Your Material comprising or contained in our website is copyright © BMH Medical Associates Limited except where otherwise stated. Database rights in the database forming part of the website belongs to us. All rights reserved. You shall not copy, reproduce or redistribute any material contained in our website except in accordance with our content authorization policy. The name MyMedicalProfile is protected by a trademark owned by BMH Medical Associates.

Jurisdiction and applicable law

The courts of England and Wales will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Conditions are governed by English law.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.