Terms Of Use

Please read this agreement carefully before accessing or using the Mediche.com service. By accessing or using this service, you agree to be bound by the terms and conditions set forth below. If you are not willing to be bound by these terms and conditions, you may not access or use this service. Mediche Limited may modify this agreement at any time, and such modifications shall be effective immediately upon either posting of the modified agreement or upon notifying you. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the services shall be deemed your conclusive acceptance of the modified agreement.

This information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. The Mediche.com service does not promote or recommend any particular form of medical treatment.

Mediche Limited and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information.

Mediche Limited and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read or inferred here. Information accessed through this online site is provided "AS IS" and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded.

Mediche Limited and Information Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

Mediche Limited nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity.

Violation of any of the agreements in this Terms of Service will result in the termination of your Account. While Mediche, prohibits such conduct and Content on the Service, you understand and agree that Mediche, cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

1. Software License. By this Agreement, Mediche Limited grants to you, subject to the terms of this Agreement, a non-transferable and non-exclusive license to use any software and documentation, together with all updates, enhancements, modifications, and fixes thereto, which are owned by Mediche Limited and/or its Licensors.

2. Equipment. You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and Internet access service) necessary to access the Mediche.com Service.

3. Operating Policies. You agree to comply with the Operating Policies set forth in Exhibit A which are the rules that govern user activity in connection with the Mediche.com Service as they may be amended by Mediche.com from time to time. Violations of the Operating Policies or other provisions of this Agreement may also result in termination or suspension of the Mediche.com Service.

4. Indemnification. You agree to indemnify, defend and hold harmless Mediche Limited, its officers, directors, employees, agents, licensors, suppliers and Licensors (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Mediche.com Service using your Mediche.com Service account.

5. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in United Kingdom, and you consent to the jurisdiction of such courts.

6. Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service or have parental consent. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Mediche Limited reserves the right to refuse service to anyone at any time without notice for any reason.

7. Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United Kingdom taxes.
4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Mediche, does not accept any liability for such loss.

8. Cancellation and Termination

1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Lists & Settings link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link at the bottom.
2. All of your Content (text and files) will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Mediche, , in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Mediche, service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Mediche, reserves the right to refuse service to anyone for any reason at any time.

9. Modifications to the Service and Prices

1. Mediche, reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. 2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Mediche, Site (www.Mediche.com) or the Service itself.
3. Mediche, shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

10. Copyright and Content Ownership

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, if you or anyone else with an account under your account make any chat content or transcripts public, you agree to allow others to view and share your Content.
2. Mediche, does not pre-screen Content, but Mediche, and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. The look and feel of the Service is copyright©2006-2009 Mediche, . All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Mediche, . The entire contents of the Mediche.com Service are copyrighted as a collective work under copyright law. Mediche Limited holds the copyright in the collective work. The collective work includes works which are the property of Mediche Limited Licensors which are also protected by copyright and other intellectual property laws.

11. General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. 2. Technical support is only provided to paying account holders and is only available via email.
3. You understand that Mediche, uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Mediche, , or any other Mediche, service.
5. You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript. The code is copyright Mediche, .
6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, computer code that powers the Service, or access to the Service without the express written permission by Mediche, .
7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Mediche, customer, employee, member, or officer will result in immediate account termination.
9. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted(unless you have a paid account includes SSL encryption) and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
11. You must not transmit any worms or viruses or any code of a destructive nature.
12. Mediche, does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
13. You expressly understand and agree that Mediche, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mediche, has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

Liability of Mediche Limited or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided.

In no event shall Mediche Limited or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if Mediche Limited or Information Provider has been advised of the possibility of such damages.

14. The failure of Mediche, to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Mediche, and govern your use of the Service, superceding any prior agreements between you and Mediche, (including, but not limited to, any prior versions of the Terms of Service).

15. Questions about the Terms of Service should be sent to support@Mediche.com.

16. Neither Mediche Limited nor anyone else involved in the creation, production or delivery of the materials and services contained therein, shall be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of the use, misuse or inability to use Mediche.com.

17. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.

18. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

19. You must not misrepresent yourself or take on the identity of someone else while using this service.

20. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

12. Medical Disclaimer

Mediche does not supply clinical treatment information or medical advice. Any advice or information that you may receive through the web site is not a substitute for personal medical care. Mediche cannot and does not guarantee or warrant any of the medical or clinical information that you may receive through the web site. Any information or links on the web pages are for your convenience and the inclusion of the information or link on the web site does not imply any endorsement, guarantee, warranty or representation by Mediche of the quality or accuracy of the information, products or services provided to you.

If you are in need of qualified medical information or support for your medical condition, we recommend that you contact your physician for clinical care immediately.

13. Confidential Information

Any communications you send to this Internet Site or otherwise to Mediche Limited. by electronic mail are on a non-confidential basis, but Mediche will refrain from reproducing, publishing or otherwise using data in any way or for any purpose while coupled with any personal identification information such as (name, userid, email addresses or other unique identifiers). Mediche Limited. shall be free to use the content of any such communications, disclosed therein, for any purpose including sales to diabetic meter manufacturers and/or marketing goods and services, provided it is not coupled with personal identification information.

DISCLOSURE

Mediche, may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of Service.
It may be necessary to share information in order to investigate, prevent, or take action regarding suspected or actual illegal activities, including without limitation, fraud, situations involving potential threats to the physical safety of any person, or as otherwise permitted or required by law.

CHANGES

Mediche, may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Mediche, primary account holder account or by placing a prominent notice on our site.

QUESTIONS

If you have any questions about this Policy, please feel free to contact us through our website or write to us at Privacy Policy, c/o Mediche, 7 Bonney Drive, Rugeley, Staffordshire WS15.