Terms of use

INTRODUCTION

The purpose of Digiatrics.Com (Digiatrics) is to connect the patient and public community to health professionals and other service providers and users to  enable them to be more productive, informed and successful in managing their health.

To achieve our Mission, we make services available through our website, mobile applications, and developer platforms, to help you, your connections, and other patients and professionals to meet, exchange ideas, learn and cultivate networks within and between Patient Groups, Clinical Commissioning Groups and other health professional groups and governance bodies. Digiatrics also facilitates the exchange of information between healthcare professional and patients and carers. This is through exchange of health related information on the Digiatrics platform, and the use of social networking and secure patient tools and diaries. The provision of these services is not designed or intended to be a substitute for direct professional consultation.

AGREEMENT TO USE DIGIATRICS

You agree that by registering on Digiatrics, or by using our website, including any of our mobile applications, developer platform, services or other information provided as part of the Digiatrics services (collectively "Digiatrics" or the "Services"), you are entering into a legally binding agreement with Digiatrics Limited, a company registered under UK law with its registered office at Victoria House, Desborough Street, High Wycombe, Buckinghamshire. HP11 2NF, and is based on the terms of this Digiatrics User Agreement and the Digiatrics Privacy Policy, which is hereby incorporated by reference (collectively referred to as the "Agreement") and become a Digiatrics user ("User"). If you are using Digiatrics on behalf of a CCG or other legal entity, you are nevertheless individually bound by this Agreement even if your organisation has a separate agreement with us. If you do not want to register an account and become a Digiatrics User, do not register with Digiatrics and access, view, download or otherwise use any Digiatrics webpage, information or services. By accepting these terms, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Please note that the Digiatrics User Agreement and Privacy Policy are also collectively referred to as Digiatrics' "Terms of Service".

YOUR OBLIGATIONS

Applicable laws and this Agreement.
You must comply with all applicable laws and the Agreement, as may be amended from time to time with, or without advance notice, and the policies and processes explained in the following sections:

- DOs and DON'Ts

- Complaints Regarding Content Posted on the Digiatrics Website

- Digiatrics' Privacy Policy

- Services Availability

License and warranty for your submissions to Digiatrics.

You own the information you provide to Digiatrics under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users.

Any information you submit to us is at your own risk.By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Digiatrics profile information accurate and updated.

Service Eligibility.

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are a health service professional, administrator or manager OR a patient or carer pre-registered  by your health professional; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Digiatrics account, (3) are not a competitor of Digiatrics or are not using the Services for reasons that are in competition with Digiatrics; (4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights of Digiatrics, including intellectual property rights such as copyright or trademark rights; and (6) agree to provide at your cost, or your organisation, all equipment, software, and internet access necessary to use the Services.

Sign-In Credentials.

You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users' accounts; (4) refrain from selling, trading, or otherwise transferring your Digiatrics account to another party; and (5) refrain from charging anyone for access to any portion of Digiatrics, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.

Indemnification.

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable legal fees and costs related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Digiatrics.

Notify us of acts contrary to the Agreement.

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

Notifications and Service Messages.

For purposes of service messages and notices about the Services to you, Digiatrics may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Digiatrics to an email address associated with your account, even if we have other contact information. You also agree that Digiatrics may communicate with you through your Digiatrics account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Digiatrics account or services associated with Digiatrics. Please review your Settings to control what kind of messages you receive from Digiatrics. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

Digiatrics Applications.

Digiatrics may offer the Services through applications built using Digiatrics' platform ("Digiatrics Applications"). Examples of Digiatrics Applications include its smart phone applications (Digiatrics for Blackberry or Digiatrics for iPhone), and Digiatrics' "Share" buttons and other interactive plugins distributed on websites across the Internet. Digiatrics Applications are distinct from third party Platform Applications addressed above. If you use a Digiatrics Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing Digiatrics plugins that load in your browser may be communicated to us. Further, by importing any of your Digiatrics data through the Digiatrics Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Digiatrics account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Digiatrics through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.

User-to-User Communication and Sharing (Digiatrics Groups, Answers, Updates, CCG Pages, etc.).

Digiatrics offers various forums such as Digiatrics Groups, Answers, and Network Updates, where you can post your observations and comments on designated topics. Digiatrics also enables sharing of information by allowing users to post updates, including links to news articles and other information such as health advice, and other content to their profile and other parts of the site, such as Patient Groups and CCG Pages.

HCP members can create Digiatrics Groups and Company Pages for free, however, Digiatrics may close or transfer Digiatrics Groups or Company Pages, or remove content from them if the content violates this Agreement or others' intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Users, and Digiatrics cannot guarantee that other Users will not use the ideas and information that you share on Digiatrics. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any CCG Group, into your Network Updates, or elsewhere on Digiatrics.

Note: DIGIATRICS IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY DIGIATRICS COMMUNITY FORUMS OR SHARE WITH OTHER PATIENT OR PROFESSIONAL USERS.

Privacy.

You should carefully read our full Privacy Policy before deciding to become a User as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Digiatrics, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

Contributions to Digiatrics.

By submitting ideas, advice, suggestions, documents, and/or proposals ("Contributions") to Digiatrics through its webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Digiatrics is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Digiatrics shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Digiatrics may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Digiatrics all rights to your Contributions; and (f) unless otherwise agreed, entitled to any compensation or reimbursement of any kind from Digiatrics.

YOUR RIGHTS

On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do's and Don'ts listed above, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Digiatrics or its Users), view information and use the Services that we provide on Digiatrics webpages and in accordance with this Agreement. Any other use of Digiatrics contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Digiatrics commercially unless expressly authorized by Digiatrics) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Digiatrics and all related items, including any and all copies made of the Digiatrics website.

OUR RIGHTS AND OBLIGATIONS

Services Availability.
From time to time commercial organisations (pharmaceutical companies in particular) may wish to provide information, services and applications that may prove beneficial for the practice of medicine. All third party information available will conform to the ABPI Code of Practice. Digiatrics is not responsible for and does not endorse any features, content, advertising, products or other materials and services. Violations of the ABPI Code of Practice should be reported to the PMCPA in the usual manner.

Boehringer Ingelheim Limited have made a financial contribution to the development of this website but have no influence on the content or administrative rights to the website. Boehringer Ingelheim Limited is not responsible for material posted to this site and is not responsible for anything contained in links on this site to third party content or websites.  Boehringer Ingelheim Limited accepts no responsibility for the opinions   and information posted on this site.  In no event shall Boehringer Ingelheim Limited be liable to you or anyone else for any decision made or action taken by you in reliance on information on this site.

For as long as Digiatrics continues to offer the Services, Digiatrics shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Digiatrics as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Digiatrics, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Digiatrics further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Digiatrics to be contrary to this Agreement. For avoidance of doubt, Digiatrics has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

From time to time the Digiatrics platform will need to be placed offline for routine maintenance. Digiatrics cannot guarantee a continual service although it will use its best endeavours to ensure minimal service interruption. Digiatrics is not intended as a critical service platform and therefore Digiatrics cannot be held liable for any loss or damage caused to whosoever as a consequence of interrupted or service failure

Third Party Sites and Developers.
Digiatrics may include links to third party web sites ("Third Party Sites") on www.digiatrics.com, developer.digiatrics.com, and elsewhere. Digiatrics also enables third party developers ("Platform Developers") to create applications ("Platform Applications") that provide features and functionality using data and developer tools made available by Digiatrics through its developer platform.
 You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms and/or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. Digiatrics is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Digiatrics also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an "as-is" basis without any warranty as to the Platform Developer's actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application. Please note: If you allow any Platform Application or Third Party Site to authenticate to or connect with your Digiatrics account, that application or website can access information on Digiatrics related to you and your connections. For additional information regarding Platform Developers and Platform Applications, please refer to Digiatrics' Privacy Policy.

Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Digiatrics, our Users or the public. 
Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the privacy policy.

Connections and Interactions with other Users.

You are solely responsible for your interactions with other Users. Digiatrics may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Digiatrics reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Digiatrics determines, in our sole discretion, that doing so is necessary to enforce this Agreement.