Certific’s doctor-patient communication platform| Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
1. WHO WE ARE AND WHAT THESE TERMS DO
We are Certific OÜ (“ Certific ”, “ we ” or “ we ”) and we offer a doctor-patient communication environment service at perearst.certific.co (“ Platform ” or “ Service ”). The Platform makes the communication between the doctor ("Healthcare Provider") and the patient ("patient") more convenient and gives both parties the opportunity to address and deal with health issues quickly and efficiently.
These terms and conditions (the “Terms”) form a legal agreement between you (the “User”, “you” or “your”) and Certific (the “Company”, “Certific”, “we”, “our” or “us”), a company incorporated with registry code 16050394 and registered in Estonia, whose current registered office is at Volta 1, Tallinn 10411, Estonia, and includes any future registered address of Certific.
These Terms govern the relationship between you and us and sets out the terms and conditions upon which you may access and use the Platform and the Services. These Terms govern your use of the Platform and the Services. These Terms do NOT govern your relationship with the Healthcare Provider which is the subject of a separate agreement between you and the Healthcare Provider. Certific provides Users access to the Platform only
The Platform and the Services are not intended to be used for the purposes of creating User Content (as defined below) save as is necessary to use the Service. Should the Platform and the Services be used in this context, the limitations on liability specified below at 15 - OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU will apply.
Please take the time to read these Terms carefully. Use of the Platform is not intended for persons under the age of 16. If you are not at least 16 years old, you may not use the Platform at any time or in any manner. We do not knowingly collect or solicit any information from anyone under the age of 16 or knowingly allow such persons to create an account or use Platform. In the event that we become aware that we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that we have unlawfully collected information from a child under the age of 16 on the Platform, contact us at firstname.lastname@example.org.
The following definitions apply in these Terms.
“Apple”: means Apple, Inc. or any of its affiliates.
“Platform”: means the Certific patient-doctor communication platform service at perearst.certific.co and any updates or additions to it.
“Google”: means Google, Inc. or any of its affiliates.
“Healthcare Provider” means the General Practitioner or other registered medical practitioner that users can access via the Platform.
“Intellectual Property Rights”: means patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
“Platform”: means the Certific patient-doctor communication platform service at perearst.certific.co and any updates or additions to it.
“Services”: means the services provided to Users by us through the Platform, which include:
or as otherwise specified to the User by us. Not all Services or features may be available in your country or region.
“User Content”: means any content that is captured, recorded, transmitted or otherwise made available and or provided by the User through the Platform, and any text, photographs, video recordings, sound recordings made available and or/or provided through the Platform.
A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to writing or written includes e-mail but not faxes.
3. YOUR PRIVACY
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Platform or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
4. SUPPORT FOR THE PLATFORM AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the Platform or Services or have any problems using them please take a look at our support resources available in respect of technical support in respect of the use of the Platform and Services which you can access through our website https://www.certific.co/gb.
For the avoidance of any doubt Certific does not provide any medical advice or any support to Users in respect of their use of the Services from the Healthcare Provider
Contacting us (including with complaints). If you think the Platform or the Services are faulty or misdescribed or you would like to raise a complaint about the Platform, Services or User Content or any other material on the Platform or wish to contact us for any other reason please email our customer service team at email@example.com. Please note that Certific is not responsible for, nor will it deal with any complaints relating to the Healthcare Provider. Any such complaints should be made to the Healthcare Provider or through other mechanisms.
How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us.
5. YOUR ACCOUNT
To access and use the Platform and Services, you must create an account with us and provide certain necessary information. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. Certific reserves the right to suspend or delete any account where it reasonably considers that the information provided is not accurate and/or up-to-date.
The information required to create an account may change from time to time and failure by the User to provide such information may result in restricted use of the Platform and Services (with the nature and extent of such restriction being at our absolute discretion).
Password and Security
It is important that you choose a strong account password and keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at firstname.lastname@example.org
You are required to verify the email address provided when creating an account. Until such verification is provided, the creation of your account may not be complete and may result in restricted use of the Platform and Services (with the nature and extent of such restriction being at our absolute discretion).
We may require you to set up a two-factor authentication process as a means of security in certain circumstances and at certain times. The method of two-factor authentication will be at the discretion of Certific. Failure to provide full authentication in such circumstances may result in restricted use of the Platform and Services (with the nature and extent of such restriction being at our absolute discretion).
Account Activity, Suspension and Deletion
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
We reserve the right to issue a warning to you or to delete or temporarily suspend your account at any time in line with the provisions below (see 16 - BREACH OF THESE TERMS) if you have failed to comply with any of the provisions of these Terms.
We reserve the right to delete or temporarily suspend your account due to inactivity for a period of 12 months. We will notify you 30 days prior to any such action, specifying the action that will be taken and the date on which that action will be taken.
If you no longer want to use the Platform again, and would like your account deleted, contact us at email@example.com. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have provided when using the Platform and/or Services.
If the email address provided when creating an account is deactivated, Certific reserves the right to delete the User’s account within 30 number of days if no replacement email address is provided.
If your account is deleted, it will serve to terminate your and our obligations under these Terms.
6. HOW YOU MAY USE THE PLATFORM
In return for your agreeing to comply with these Terms you may:
7. HOW WE ENSURE THE PLATFORM WORKS
8. YOU MAY NOT TRANSFER THE PLATFORM TO SOMEONE ELSE
You may not transfer your account to access or use the Platform or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Platform is used you must ensure the Platform is no longer signed into on the device.
9. CHANGES TO THESE TERMS
We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next use the Platform.
If you keep using the Platform after having been notified of the changes, your acceptance of those changes will be implied. The User agrees that these changes will form part of these Terms.
10. UPDATE TO THE PLATFORM AND CHANGES TO THE SERVICES
From time to time we may automatically update the Platform and/or change the Services to improve performance, enhance functionality, reflect changes to the operating system, address security issues or for any other reason.
We may suspend or discontinue any aspect of the Platform or the Services at any time. Before doing so, we will notify you of the affected Services. Failure to provide such notification will not, however, affect our right to suspend or discontinue such Services.
11. USER CONTENT
Rights You Grant Us
You grant us the right to delete any User Content that violates these Terms.
We may generate revenues, increase goodwill or otherwise increase value from your use of the Platform and/or Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and gifts. You acknowledge and agree that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.
12. LICENCE AND LICENCE RESTRICTIONS
Subject to the restrictions in these Terms, Certific grants you a personal, worldwide, royalty-free (save in respect of in-Platform purchases), non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Platform and the Services. This license is for the sole purpose of letting you use and the Platform and the Services in accordance with these Terms. You acknowledge and agree that upon any termination of your account or these Terms, this license granted to you in respect of the Platform and the Services will automatically terminate.
You agree that you will:
a) except in the course of permitted sharing (see the above section on HOW YOU MAY USE THE PLATFRORM), not rent, lease, sub-license, loan, assign, provide, or otherwise make available, the Platform or the Services in any form, in whole or in part to any person, or use the Platform or the Services to advertise or perform any commercial solicitation, without prior written consent from us;
b) not copy the Platform or Services;
c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform or Services nor permit the Platform or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform and the Services on devices as permitted in these Terms;
d) not interfere with or attempt to interfere with the proper working of the Platform, disrupt the Platform or any networks connected to the Platform, or bypass any measures we may use to prevent or restrict access to the Services;
e) not use any automated system or software, whether operated by a third party or otherwise, to extract any data from the Platform for commercial purposes;
f) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform or the Services nor attempt to do any such things; and
g) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform or any Service.
Use by you of the Platform or other materials available as part of the Services for any purpose not expressly permitted by these Terms is strictly prohibited. We reserve the right, at any time and without prior notice, to permanently or temporarily remove or suspend access to the Platform and/or Services if in our sole opinion your User Content violates or potentially violates these Terms, third party rights (including Intellectual Property Rights), applicable laws or regulations or is otherwise harmful to the Platform and/or Services, our Users or third-parties.
13. ACCEPTABLE USE RESTRICTIONS
This Clause sets out the standards (the “Content Standards”) that apply when you create/generate User Content through the Platform, make contact with other Users on the Platform, share User Content (through the Platform with other Platform Users or by any other means) or interact with the Platform and/or the Services in any other way (the “Interactions”).
The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of any Interaction as well as to its whole.
Certific will determine, in its discretion, whether an Interaction breaches the Content Standards.
You must not:
a) use the Platform and/or the Services under unsafe conditions or in a dangerous manner;
b) use (or attempt to use) the Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data/content, into the Platform, any Service or any operating system;
c) transmit, send or create/generate any User Content or other material that give the impression that the material emanates from Certific, if this is not the case;
d) knowingly transmit any data, send or create/generate any User Content or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and
e) without prior written consent from us, transmit, procure the sending of, or create User Content containing any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
a) not use or attempt to use another User’s account, username, or password without that User’s permission;
b) not solicit or attempt to solicit another User’s username and/or password;
c) respect other Users within the Platform;
d) not use the Platform or the Services in a way that could interfere with, disrupt, affect negatively, or otherwise inhibit other Users from fully enjoying the Platform and/or Services;
e) not create, share or transmit any material (User Content, messages or any other material) that is defamatory, offensive or otherwise objectionable, or use the Platform and/or the Services in a manner that could cause offence or upset to others (whether they are users of the Platform and/or Services or not) or otherwise affect them in a negative way. In particular, you must not bully others (whether they are users of the Platform and/or Services or not) or capture or share material that contains pornography (or other sexually explicit material), graphic violence, threats, hate speech, or incitements to violence;
f) not create User Content that infringes or otherwise infringe (or attempt to infringe) our Intellectual Property Rights, those of any other Users within the Platform or those of any third party in relation to your use of the Platform or the Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);
You must not:
a) use the Platform or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security;
b) collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
c) without our prior written consent, use or develop (or attempt to use or develop) any third-party application that interact with the Platform and/or the Services;
d) access (or attempt to access) by any means areas or features of the Platform or the Services that you are not authorised to access;
e) without our prior written consent, test the vulnerability of the Platform or the Services or any system or network that could potentially harm the Platform or the Services; and
f) encourage or promote any activity that violates these Terms.
14. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights in the Platform and the Services throughout the world belong to us and the rights in the Platform and the Services are granted to the user (not sold) in a limited, non-exclusive licence in order to use the Platform for the purpose of enabling communication between the patient and the healthcare provider. You have no Intellectual Property Rights in, or to, the Platform or the Services other than the right to use them in accordance with these Terms.
“CERFIFIC” is a EU registered trademark of Certific. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under these Terms.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Certific provides users with access to the Platform and the Services. Certific does not warrant, represent or otherwise endorse any Healthcare Provider you access via the Platofrm or the Services. Certific has and shall have no liability in respect of any claim arising whether in respect of any act or omission from your engagement with the Healthcare Provider through the Platform. Certific We are only responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
Limitation of our liability to you. To the fullest extent permitted by law, our total aggregate liability whether in contract, in tort (including negligence), under any statute or otherwise under or in connection with these Terms and the provision and receipt of the Services will be limited to the amount paid by you to us within the 12 month period immediately preceding your claim against us.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The Platform is for individual use only. If you use the Platform for any commercial, business or resale purpose, we will have no liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
In particular, we will not be liable for:
and we exclude all implied conditions, warranties, representations or other terms that may apply to our Platform and/or the Services.
Please back-up content and data used with the Platform and the Services. We recommend that you back up any content and data used in connection with the Platform and/or the Services, to protect yourself in case of problems with the Platform and/or the Services.
Check that the Platform and the Services are suitable for you. The Platform and the Services have not been developed to meet your requirements. Please check that the facilities and functions of the Platform and the Services meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the Platform or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
16. BREACH OF THESE TERMS
Actions Taken on Breach
When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these terms and conditions and in particular a material breach of these Terms, and may result in our taking all or any of the following actions:
Any action taken by us may be taken immediately or at any other time after the breach has occurred.
We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above and we may take any other action we reasonably deem appropriate.
Consequences of Breach
We may permanently end your rights to use the Platform and Services at any time by deleting your account as outlined above. If we end your rights to use the Platform and Services:
We may temporarily limit or restrict your rights to use the Platform and/or any or all aspects of the Services at any time by suspending your account as outlined above. The extent and period of any such suspension may be determined by Certific. Any lifting of such suspension may be contingent on certain actions being taken by you.
17. WE MAY TRANSFER OUR AGREEMENT WITH YOU TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens.
18. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19. IF A COURT FINDS PART OF THESE TERMS ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20. EVEN IF WE DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM LATER
Even if we delay in enforcing these Terms, we can still enforce our rights thereunder later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
21. WHICH LAWS APPLY TO THESE TERMS AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by Irish law and the Irish courts shall have sole and exclusive jurisdiction to resolve any disputes arising hereunder.