Terms & Conditions

1. Introduction

1.1 Welcome to www.medicalexplorer.com. Our Website aims to enable Users to search and compare Healthcare Providers worldwide; read reviews of Healthcare Providers posted by other Users; and to assist Users in making contact with Healthcare Providers.

1.2 The following references in these Website Terms of Use (Terms of Use) have the following meanings: “Website” means the website at www.medicalexplorer.com, operated by Medical Explorer Limited; “we” “us” and “our” means Medical Explorer Limited; “User” means any user of the Website (including users who are seeking healthcare services and users who are Healthcare Providers) ; “you” and “your” means you, the User; “Healthcare Provider” means a healthcare, medical or surgical practitioner who has registered with the Website as a healthcare provider and whose details are displayed upon the Website; “Service” means the services that we offer from time to time from the Website (N.B. we do not offer healthcare services, all healthcare services advertised on this Website are supplied by the relevant Healthcare Provider and excluded from this definition).

1.3 These Terms of Use govern the relationship between us and all Users browsing and using the Website. By accessing the Website you agree to these Terms of Use and the privacy policy. If you are a Healthcare Provider, your use of the Website is also subject to the Healthcare Provider Terms and Conditions. Please read these Terms of Use carefully. If you do not agree to these Terms of Use and/or the privacy policy, please do not use the Website.

2. Use of Website

2.1 Medicalexplorer.com is a website which operates for the purpose of enabling Healthcare Providers to display information about their services and for Users to make contact with Healthcare Providers. We do not provide healthcare advice or diagnosis of medical conditions.

2.2 If you wish to contact a Healthcare Provider about a service and/or for a quotation, please fill in an enquiry form. We will send that enquiry form to your chosen Healthcare Provider. Should the Healthcare Provider wish to respond to your enquiry, it will then contact you directly.

2.3 YOU ACKNOWLEDGE THAT STATEMENTS AND INFORMATION APPEARING UNDER THE PROFILE OF A HEALTHCARE PROVIDER ARE MADE BY AND ARE THE RESPONSIBILITY OF THE HEALTHCARE PROVIDER AND ARE NOT MADE BY US OR OUR RESPONSIBILITY IN ANY WAY.

2.4 WE DO NOT ENDORSE THE HEALTHCARE PROVIDERS ON THE WEBSITE. WE ALSO DO NOT GIVE ANY GUARANTEE OR MAKE ANY REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS (EXPRESS OR IMPLIED) WHATSOEVER AS TO:

• (A) THE QUALITY OR QUALIFICATION OF ANY HEALTHCARE PROVIDER OR ANY DOCTOR OR OTHER PERSON EMPLOYED BY OR ASSOCIATED WITH ANY HEALTHCARE PROVIDER;
• (B) THE OPERATION, SAFETY, CONDITION OR SERVICE OF ANY HEALTHCARE PROVIDER OR ANY DOCTOR OR OTHER PERSON EMPLOYED BY OR ASSOCIATED WITH ANY HEALTHCARE PROVIDER;
• (C) ANY EQUIPMENT, IMPLEMENT OR OTHER DEVICE UTILISED BY ANY HEALTHCARE PROVIDER OR ANY DOCTOR OR OTHER PERSON EMPLOYED BY OR ASSOCIATED WITH ANY HEALTHCARE PROVIDER.

2.5 YOU ACKNOWLEDGE THAT WE ARE NOT OBLIGED TO VERIFY ANY INFORMATION DISPLAYED OR OTHER CLAIM MADE BY OR ABOUT A HEALTHCARE PROVIDER ON THE WEBSITE OR ANY ADVICE GIVEN BY HEALTHCARE PROVIDERS IN CORRESPONDENCE. IF YOU ARE INTENDED TO ENGAGE THE SERVICES OF A HEALTHCARE PROVIDER WE RECOMMEND THAT YOU UNDERTAKE YOUR OWN CHECKS IN RESPECT OF THAT HEALTHCARE PROVIDER AND THAT YOU SEEK ADVICE FROM YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL BEFORE ENGAGING THE SERVICE OF THAT HEALTHCARE PROVIDER.

2.6 IF YOU ENGAGE THE SERVICES OF A HEALTHCARE PROVIDER, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT YOU ALONE ENTER INTO A CONTRACT WITH THE HEALTHCARE PROVIDER AND THAT NO REPRESENTATION, WARRANTY OR OTHER STATEMENT MADE BY US HAS INDUCED YOU TO ENTER INTO THE CONTRACT.

2.7 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE SERVICE AND/OR ANY ENGAGEMENT OF THE SERVICES OF ANY HEALTHCARE PROVIDER ENTERED INTO AS A CONSEQUENCE OF YOUR USE OF THE WEBSITE, HOWSOEVER OCCASIONED, INCLUDING (BUT NOT LIMITED TO): (A) DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; (B) LOSS OF DATA; (C) LOSS OF INCOME, PROFIT OR OPPORTUNITY; (D) LOSS OF OR DAMAGE TO PROPERTY; (E) DISFIGUREMENT OR PERSONAL INJURY OR OTHER IMPAIRMENT OF ANY SORT; AND (F) CLAIMS OF THIRD PARTIES.

The foregoing shall apply even if we have received advice of the possibility of such loss or damages, or such loss or damages are reasonably foreseeable. We do not exclude our liability for death or personal injury caused by our negligence.

2.8 Please note that Healthcare Providers who register on the Website may be based in jurisdictions with medical standards which are different to those operating in your country of habitation and which are subject to different legal systems. IT IS YOUR RESPONSIBILITY TO ENSURE YOU ARE FULLY AWARE OF ANY LEGAL ISSUES RELATING TO THE PROVISION OF MEDICAL SERVICES IN THE COUNTRY IN WHICH THE HEALTHCARE PROVIDER IS SITUATED.

2.9 Please note that some Healthcare Providers may be based in territories with less rigorous insurance requirements or where insurance is not mandatory or indeed available in respect of the medical services. WE RECOMMEND THAT YOU RESEARCH AND/OR TAKE PROFESSIONAL ADVICE IN RESPECT OF YOUR INSURANCE REQUIREMENTS AND ANY OTHER CIRCUMSTANCES SURROUNDING ANY HEALTHCARE PROVIDER BEFORE YOU ENTER INTO ANY LEGAL RELATIONSHIP WITH THEM.

2.10 All the information displayed upon the Website, including that contained in the glossary of medical terms, is displayed for information purposes only. It should not be construed as or substituted for professional medical advice. You are advised by us to obtain such advice before engaging any Healthcare Provider via the Website.

2.11 Nothing in these terms and conditions shall operate to exclude liability for death or personal injury caused by negligence on our part or our employees or authorised representatives or for fraud.

2.12 We reserve the right to amend these Terms of Use from time to time and recommend that you review them regularly. We will post the changes to these Terms of Use on this page. Your continued use of this Website after changes have been posted constitutes your acceptance of these Terms of Use as amended. Nothing in these terms shall be deemed to confer any third-party rights or benefits.

2.13 If you do not agree to any of these Terms of Use or our Privacy Policy, please do not use this Website.

2.14 Our Website is only intended for use by persons aged 18 years of age or over. By using our Website, you confirm that you are 18 years of age or over.

2.15 You will indemnify and hold harmless us and our directors, officers, employees, subsidiaries, agents, sub-contractors, Users and service providers from any and all claims, losses, liabilities, damages, costs, expenses (including legal fees) and fines suffered or incurred due to your use of the Website in breach of these Terms of Use.

3. Content posted by Users

3.1 The Website permits Users to submit material and/or post reviews concerning experiences with Healthcare Providers. You expressly agree that any such content which you submit shall be accurate, appropriate and relevant to the Healthcare Provider in question. WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR CONTENT ON THE WEBSITE SUBMITTED BY USERS. WE NEVERTHELESS RESERVE THE RIGHT FOR ANY REASON IN OUR SOLE DISCRETION TO REMOVE AT ANY TIME WITHOUT NOTICE ANY CONTENT SUBMITTED BY A USER.

3.2 The Website permits Users who are registered as Healthcare Providers to create profiles and include content about their services on the Website. You expressly agree that any such content which you submit shall be accurate, appropriate and relevant to your services. WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR CONTENT ON THE WEBSITE SUBMITTED BY USERS. WE NEVERTHELESS RESERVE THE RIGHT FOR ANY REASON IN OUR SOLE DISCRETION TO REMOVE AT ANY TIME WITHOUT NOTICE ANY CONTENT SUBMITTED BY A USER.

3.3 Opinions, statements, advice, information and content which are expressed on the Website or otherwise submitted by Users are the opinions of the individual or Healthcare Provider and do not in any way reflect the opinion of Medical Explorer Limited nor do we provide any warranties as to the accuracy of material posted by Users.

3.4 If you post any content on the Website whatsoever and/or submit any review or statement for inclusion on the Website, you do so at your own risk and you accept all responsibility and consequences in respect thereof.

3.5 Without prejudice to the requirements stated elsewhere in these Terms of Use and the Privacy Policy, Users may submit a pseudonym under which their Healthcare Provider review will be displayed.

3.6 By submitting or distributing reviews or other content on the Website you expressly grant us a worldwide, royalty free, perpetual and irrevocable right and licence (with the right to assign and sub-license) to make available and display such User reviews and content on the Internet. You further agree that such content may be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes by others without your permission.

3.7 WE EXPRESSLY PROHIBIT THE SUBMISSION OF REVIEWS AND/OR ANY OTHER CONTENT WHICH IS DEFAMATORY OR WHICH INFRINGES COPYRIGHT OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. PLEASE DO NOT SUBMIT ANY SUCH CONTENT. IF YOU HAVE ANY DOUBT THAT YOU MAY BE INFRINGING ANY SUCH RIGHTS, DO NOT SUBMIT IT.

3.8 If you believe that any content which you view may be infringing any such rights, please contact us on info@medicalexplorer.com

3.9 We do not guarantee that any User review will be posted to the Website. We also reserve the right without notice and for any reason whatsoever to modify, amend or remove from the Website any User reviews and other content.

4. Information About Us

This Website is operated by us, Medical Explorer Limited. We are a company registered in England and Wales under company number 06740268. Our registered office and main trading address is: Aston Court, Kingsmead Business Park, Frederick Place, High Wycombe, Buckinghamshire HP11 1LA.

You can contact us at our trading address or by email at info@medicalexplorer.com.

5 Our Service

5.1 We do provide the following Service from the Website:

• (A) a search engine enabling Users to search a global online database of Healthcare Providers. The search engine has been collated from information provided by Healthcare Providers and information available on public databases;
• (B) a passive conduit for the dissemination to Users of the details of Healthcare Providers and Users’ reviews of Healthcare Providers;
• (C) a facility for Users who are Healthcare Providers to upload details about themselves to a profile on the Website;
• (D) a facility for Users to submit reviews about Healthcare Providers;
• (E) a facility for Users to contact Healthcare Providers.

5.2 We do not undertake, or hold ourselves out as undertaking, any of the following:

• (A) endorsing, recommending or approving in any way any Healthcare Provider listed upon the Website;
• (B) operating a medical referral system;
• (C) acting as medical professionals or providing any medical advice or diagnosis to any User either on our own account or on behalf of any Healthcare Provider;
• (D) entering into as a party any contract or other binding relationship between any Healthcare Provider and any other User;
• (E) screening, verifying or otherwise warranting as to the reliability of any information provided by any Healthcare Provider;
• (F) screening, verifying or otherwise warranting as to the reliability of any information provided by or content posted by any User.

6. Use of Service

6.1 By accessing our Website, you agree to these Terms of Use.

6.2 You agree to abide by all applicable local, national and international laws and regulations in your use of the Website including, but not limited to rules regarding online conduct and acceptable content. You are solely responsible for all your acts or omissions in respect of your use of our Website including (without limitation) the content of communications and other transmissions made through use of our Website.

6.3 You agree that you will not use our Website:

• to defame, stalk, harm, threaten, abuse, harass, or otherwise violate the rights (such as rights of privacy and publicity) of others, or to disseminate material or information which we consider (at our discretion) to be objectionable or inappropriate;
• to post or disseminate on it (by means of User review of otherwise) any harmful, obscene, inaccurate, indecent, unlawful, libellous, defamatory, inappropriate, indecent, racist, sexist or otherwise objectionable material;
• to submit content or personal information relating to or belonging to a third party or which includes a third party’s intellectual property rights, unless the consent of that third party is obtained;
• to establish contact with any third party other than that which is reasonably expected to be welcomed by such other users;
• for any unlawful purpose or to infringe the rights of any third party whether in intellectual property or otherwise;
• to transmit, email or post any material that contains in any form software viruses or other harmful programs such as Trojan horses, worms, time bombs, cancel-bots, computer code, files or other programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
• to attempt to gain unauthorized access to our Website, other accounts, computer systems or networks connected to our Website, through password mining or any other means;
• modify, adapt, translate, or reverse engineer any portion of our Website, or use any robot, spider, website search/retrieval application, or other device to retrieve or index any portion or the Website;
• reformat or frame any portion of the web pages that are part of our Website;
• to remove any copyright, trade mark or other proprietary rights notices contained in or on the Website;
• to harvest or collect email addresses or other contact information of Healthcare Providers and other Users from the Website by electronic or other means;
• falsely to state, impersonate, or otherwise misrepresent your identity;
• to upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, spam, chain letters etc;
• post content in fields that are not intended for that content, for example inserting a name in an address field.

6.4 Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this Website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorised access, or transmission or activation of computer viruses.

7. Supply of Information

7.1 You understand that in any content or information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content.

7.2 YOU UNDERSTAND THAT WE CANNOT GUARANTEE THE IDENTITY OF ANY HEALTHCARE PROVIDER OR OTHER USER WITH WHOM YOU MAY INTERACT IN THE COURSE OF USING THE WEBSITE. ADDITIONALLY, WE CANNOT GUARANTEE THE AUTHENTICITY OF ANY DATA RELATING TO USER REVIEWS OR HEALTHCARE PROVIDERS.

8. Termination of Service

8.1 We endeavour to ensure our Website is accessible 24 hours a day, without interruption. However, access to our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for any reasons beyond our control or for any other reason whatsoever. We shall not be liable to you or any third party for any losses or damages suffered if our Website is unavailable at any time or for any period or your access to our Website is interrupted, restricted or delayed for any reason.

8.2 We may terminate your use of the Website immediately at any time, for any reason. Thereafter, you will have no right to use our Website. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your right to use this Website.

9. Complaints Procedure

If you have any complaints or objections to material or content including reviews or other content posted on this Website, or if you believe that material or content posted on this Website infringes copyright that you hold, please contact us on info@medicalexplorer.com.

10. Intellectual Property Rights

10.1 The copyright and all other intellectual property rights subsisting in the content of our Website are owned by us and our licensors. By submitting reviews and content to us, you license us the right to use and display on the Website all intellectual property rights subsisting in such reviews and content. We expressly reserve all rights in the same.

10.2 You may print and download extracts from the content of our Website for your own personal non-commercial use provided that you do not modify any of the content, you do not use any graphics or photographs separately from their accompanying text and you do not remove any copyright, trade mark notification or other proprietary notices from such extracts.

10.3 All other reproduction or use of extracts of content from our Website is strictly prohibited unless we agree otherwise. In particular, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service or used for any commercial purposes without our prior written permission.

11. Third Party Websites

11.1 We (or, in the case of a link provided by a Healthcare Provider on its profile, the Healthcare Provider) may provide links on our Website to the websites of Healthcare Providers and other companies, including our advertising partners, whether affiliated with us or not. We take no responsibility for the content of external websites, including (without limitation) the websites of Healthcare Providers. Other websites that we link to are owned and operated by third parties and we have no control over them. The fact that we include links to other websites does not mean we endorse any of the content of any third party website. We accept no liability for any statements, information, products or services that are published on or accessible through any websites owned or operated by third parties.

11.2 WE GIVE NO GUARANTEE, WARRANTY, REPRESENTATION OR ENDORSEMENT WHATSOEVER THAT PRODUCTS OR SERVICES (WHETHER MEDICAL SERVICES OR NOT) YOU PURCHASE FROM COMPANIES TO WHOSE WEBSITE WE OR ANY HEALTHCARE PROVIDER HAVE PROVIDED A LINK ON OUR WEBSITE, WILL BE FIT FOR PURPOSE OR OF SATISFACTORY QUALITY, AND ANY SUCH WARRANTIES ARE DISCLAIMED BY US TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS DISCLAIMER DOES NOT AFFECT YOUR STATUTORY RIGHTS AGAINST THE THIRD PARTY SELLER.

12. DISCLAIMER

12.1 YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION BY ANY PARTY OR COMMUNICATIONS BETWEEN USERS AND HEALTHCARE PROVIDERS (OR VICE VERSA) OR ANY OTHER COMMUNICATIONS BETWEEN USERS OF THE WEBSITE.

12.2 YOU RELY ON THE DATA AND INFORMATION ON THE WEBSITE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL LIABILITY TO YOU IN RESPECT OF YOUR USE OF THE WEBSITE AND THE SERVICES AVAILABLE ON AND/OR IN CONNECTION WITH THE WEBSITE.

12.3 WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS OR STATEMENTS MADE BY ANY USER OF THE WEBSITE. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12.5 WE MAKE NO WARRANTY THAT (A) OUR WEBSITE OR OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR (B) THE WEBSITE OR OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

12.6 No advice or information, whether oral or written, obtained by you from us or through or from the Website or the Service shall create any warranty not expressly stated in these Terms of Use or shall constitute medical advice of any sort.

13. LIMITATION OF LIABILITY

13.1 WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE PRIVACY POLICY AND/OR THESE TERMS OF USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY EXCLUDE ALL LIABILITY TO YOU IN RESPECT OF ALL LOSSES, LIABILITIES, CLAIMS OR ACTIONS SUFFERED OR INCURRED DUE TO YOUR FAILURE TO COMPLY WITH THE PRIVACY POLICY AND/OR THE TERMS OF USE.

13.2 YOUR USE OF THE WEBSITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL WE, OUR PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH:

• (A) USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR THE SERVICE;
• (B) ANY STATEMENT, CONTENT OR MATERIAL ON THE WEBSITE;
• (C) ANY ENGAGEMENT OF A HEALTHCARE PROVIDER TO PROVIDE SERVICES TO A USER;
• (D) THE PROVISION OF HEALTHCARE SERVICES BY A HEALTHCARE PROVIDER TO A USER;

WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, SAVE WHERE THE SAME HAS ARISEN DUE TO OUR WILFUL NEGLIGENCE.

13.3 THE LIMITATION OF LIABILITY IN CLAUSE 13.2 ABOVE SHALL APPLY (A) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE AND/OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE AND/OR THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE AND/OR THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (B) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

13.4 If you are dissatisfied with the Website and/or the Service or any part of the Website and/or the Service your sole and exclusive remedy is to discontinue using the Website and/or the Service. Some jurisdictions do not allow the exclusion or limitation of certain liabilities (including, in the United Kingdom, in respect of (a) death or personal injury caused by negligence or (b) the tort of deceit or fraudulent misrepresentation), so the above limitation and exclusions may not apply to you in so far as such exclusions and limitations are not permitted.

13.5 You agree to hold harmless and indemnify, and at our request defend, us, our parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any and all claims arising from or in any way related to your use of or conduct on the Website, including any and all liabilities, losses, damages (actual and consequential), judgments, costs and expenses (including legal fees arising therefrom).

14. Indemnity

14.1 YOU EXPRESSLY AGREE TO INDEMNIFY AND HOLD US HARMLESS IN RESPECT OF ANY AND ALL LOSSES OR DAMAGES THAT WE SUFFER OR INCUR DUE TO YOUR FAILURE TO COMPLY WITH THESE TERMS OF USE.

15. Notices

We may provide you with notices regarding the Website, the Service or these Terms of Use by regular mail, email, or postings to this Website. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Website.

16. Law

16.1 You agree that these Terms of Use will be governed by and construed in accordance with English law.

16.2 Any dispute arising in connection with the same shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17. Miscellaneous

17.1 If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

17.2 Without limiting the foregoing, under no circumstances shall we 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 (whether or not users of the website), or loss of or fluctuations in heat, light, or air conditioning.

17.3 These Terms of Use, the Privacy Policy and (in respect of Healthcare Providers) the Healthcare Provider Terms and Conditions and all documents referred to in them constitute the whole agreement between you and us 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.

17.4 Any waiver of any provision of the Terms of Use by a party will be effective only if in writing and signed by a party.

17.5 Any waiver of any provision of these Terms of Use shall not operate as a waiver of any other provision or a continuing waiver of any provision thereafter.