Terms of Use

Last updated: 28th December 2023.

Please read these Terms of Use carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Use:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Client refers to any third-party company employing the Company to provide the Service to You.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Botmedica Ltd, Bartle House, 9 Oxford Court, Manchester, M2 3WQ; Company number 15317962.
  • Country refers to the United Kingdom of Great Britain and Northern Ireland.
  • Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.
  • Service refers to the chat service application provided by the Company..
  • Terms of Use (also referred as “Terms”) mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Our website, accessible from botmedica.com.
  • You means the individual accessing or using the Service (“end user”), or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms of Use governing the use of this Service and the agreement that operates between You and the Company. These Terms of Use set out the rights and obligations of all users regarding the use of the Service. This Terms Agreement was drafted with the help of TermsFeed Terms of Use Generator, then thoroughly reviewed and finalised by Our team.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company, which can be accessed by clicking here. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

These Terms of Use, along with any additional policies or guidelines incorporated herein by reference, constitute the entire agreement between You and the Company concerning the use of the Service, superseding any prior agreements, discussions, or understandings, whether written or oral.

Your Responsibilities

Our Service enables You to provide information, which might include personal details, health concerns, inquiries, or suggestions. When interacting with Our Service, You are accountable for the information You share, ensuring its accuracy, legality, and appropriateness.

By sharing information, You confirm that: (i) the shared information is Yours, or You have the necessary rights to share it through Our Service, and (ii) sharing this information does not infringe upon any privacy, copyright, contract, or other rights of any individual or entity.

You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:

  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Unlawful or promoting unlawful activity.
  • Spam, machine – or randomly – generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any content is appropriate and complies with these Terms, refuse or remove this content from Our servers. The Company can also limit or revoke the use of the Service if You share such objectionable content.

By using the Service, You agree to indemnify and hold harmless the Company and its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected to Your use of the chatbot service, violation of these Terms of Use, or infringement of any rights of a third party.

Data Backup Disclaimer

While Our service utilises cloud-based backup solutions to safeguard user information, it’s important to note that unforeseen circumstances or system complexities could potentially impact the integrity of backed-up data. Although We employ reliable cloud services for data backup, We cannot guarantee the absolute absence of data loss or corruption.

Factors such as content alterations before or during backup processes may influence the reliability of backed-up data. Our team is committed to promptly addressing any known or identified issues that might affect the backup of content.

Medical Disclaimer

All information, including but not limited to text, graphics, images and other material provided within Our chat Service is intended for educational purposes only and should not be construed as professional medical advice. It is not a substitute for consultation, diagnosis, or treatment by a qualified medical professional or healthcare provider.

If You are seeking medical advice, diagnosis, or treatment, You should consult with Your physician or qualified healthcare provider before making any decisions based on the information provided within Our chat Service. It is imperative that users never delay seeking or disregard medical advice or treatment based solely on information obtained from this chat service. In case of a medical emergency or urgent healthcare need, users should seek immediate medical attention or contact emergency services.

We do not assume any liability for the accuracy, completeness, or usefulness of the information provided through this chat Service. Reliance on any information provided herein is solely at Your own risk. Additionally, We shall not be held liable nor responsible for any risks, complications, issues, damages or injuries that may result from using or acting upon the information obtained through this chat Service.

Third-Party Software Disclaimer

Our chat Service may utilise third-party software or applications to provide information or functionality. While We strive for accuracy and reliability, We cannot guarantee that the third-party software used within this service is entirely free of bugs, errors, or technical inaccuracies.

Third-party software or applications may be subject to updates, modifications, or changes in terms and policies by their respective providers. We shall not be held responsible for any discrepancies, inaccuracies, disruptions, or changes in functionality arising from updates or alterations made by these third-party providers.

You acknowledge and agree that Your use of this Service and reliance on information provided through third-party software is at Your own discretion and risk. We disclaim any liability for any damages, losses, or issues that may result from the use or reliance upon third-party software or applications integrated into Our chat Service.

Intellectual Property

The Service and its original content (excluding content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that content shared through the Service infringes a copyright or other intellectual property infringement of any person.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company and/or the Client. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction. At the Company’s request and expense, You will execute documents and take such further acts as We may reasonably request to assist Us in acquiring, perfecting, and maintaining Our intellectual property rights in and to the Feedback.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the Terms of Use and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 GBP if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will meet Your requirements or any performance or reliability standards, achieve any intended results, be compatible or work with any other software, applications, systems or services (iii) that the Service will be uninterrupted or error-free or that any errors or defects can or will be corrected; (iv) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (v) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company, using the contact details at the end of the document.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.

You represent and warrant that (i) You are not situated in a country subject to UK government embargoes, or officially recognised by the UK government as supporting terrorism, and (ii) You are not listed on any UK government register of prohibited or restricted parties.

Force Majeure

Force Majeure: Neither party shall be liable for any failure to perform its obligations under these Terms if the failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, national emergencies, pandemics, strikes, fire, explosion, flood, or other similar events (“Force Majeure Events”). If a Force Majeure Event occurs, the affected party shall notify the other party promptly and shall make all reasonable efforts to resume performance of its obligations as soon as possible.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms of Use

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. We will notify You of any material change by posting the new Terms on this page and providing a notice on Our Service, prior to the changes becoming effective. What constitutes a material change will be determined at Our sole discretion. We will also update the “Last updated” date at the top of this Terms of Use document.

Your continued use of the Service after any such changes constitutes Your acceptance of the revised Terms. We encourage You to periodically review this page for the latest information on Our Service offerings. If You do not wish to accept the changes to the Service, in whole or in part, You may discontinue Your use of the website and the Service.

Contact Us

If You have any questions about these Terms of Use, You can contact us via email at support@botmedica.co.uk.