Terms and Conditions of Use

Effective Date: These Terms and Conditions were last updated on 22nd May 2009.

In this Agreement, the following expressions have the following meanings:

Definitions.

"the Company" means Irish Medical Technologies and Services Ltd. incorporated and registered in Ireland with company number 458588 whose registered office is at Penthouse, Blackrock Clinic, Blackrock, Co. Dublin.

"Company's Privacy Policy Statement" means the Privacy Statement which sets forth the current privacy practices with regard to the information the Company collects when you or your computer interacts with the Site.

"the Consultant" means the relevant healthcare provider (which term shall, without prejudice to the generality of the foregoing, include hospitals, primary care centres, Polly clinics, swift care centres and other recognized facilities which provide medical services and professionals including consultants, general practitioners, professional medical staff and administrators) with whom the Customer makes an appointment via the Service.

"the Content" means copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos and/or graphics contained in the Site.

"the Customer" means you or any other person or entity using the Service.

"Intellectual Property Rights" means all patents, copyrights, design rights, trade marks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world.

"the Materials" means the information stored on the Site including, inter alia, any report or email produced by the Company in providing the Service to a Customer whether in electronic or written form.

"the Service" means the service provided by the Company, for use by the Customer, and which includes the provision of a on-line booking facility for appointments with a Consultant.

"the Site" means www.healthcarebookings.com and includes, for the avoidance of doubt, the Content and the Materials.

"the Terms" means the terms and conditions set out herein

1 General

By using the Site, you (as the Customer) agree to be bound by all of the Terms. If you do not agree to all the Terms, then you should immediately cease all usage of the Site. The Company reserves the right, at any time, to modify, alter, or update the Terms without prior notice. Modifications shall become effective immediately upon being posted at the Site. You are advised to periodically check these terms and conditions for any revisions and/or amendments to the Terms. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Terms (including any modifications or amendments thereto). Except as provided in this paragraph, the Terms may not be amended.

You must be over the age of eighteen years to use this Service and by entering into a contract with the Company for the provision of the Service, you are warranting that you are over the age of eighteen years.

You warrant, by using the Site, that you are interested in seeking to make and appointment with a medical consultant and/or a hospital for the provision to you of medical services.

Both you and the Company agree that you are entering into this contract in good faith.

Some parts of the Site require you to provide certain information and details. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site and (b) will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party.

2 Provision of Service

The Company is providing to you the Service. It is strictly a matter for you to provide

  1. all equipment necessary for your own Internet connection, including computer and modem, and
  2. your own access to the Internet, and
  3. payment of any fees arising from such connection.

3 Disclaimer of Warranties

The Site is provided by the Company on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service, the Content or the Materials in terms of its correctness, accuracy, reliability, or otherwise.

The Company shall have no liability for any interruptions in the use of the Site. The Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. The Company does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses and other harmful elements. If as a result of your use of the Site or it’s Content, there is a need for servicing or replacing equipment or data, the Company assumes no responsibility whatsoever for those costs.

4 Limitation of Liability

The Company shall not be liable for any damages whatsoever, and in particular the Company shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, business interruption, loss of revenue, or loss of use, arising out of or related to this Site, the Content or the Materials, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if the Company has been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise form use or misuse of and reliance on the Service, from reliance or damage caused by information posted on the Site, from an inability to use the Service, or from the interruption, suspension or termination of the Service (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other goods or services received through the Service or advertised on the Site or though any links provided on the Site, as well as by reason of any information or advice received through the Service or advertised on the Site or received through any links provided on the Site. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods and/or services, lost profits or lost data. Such limitation shall further apply with respect to the performance or non-performance of the Service or any information or merchandise that appears on, or is linked or related in any way to the Service and the Site. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

The Company cannot, at any time, accept responsibility for any losses, injuries, inconvenience or expenses caused due to Force Majeure including but not limited to government action or restraint, war, riot, civil strife, industrial dispute, strikes, terrorist activity, natural or nuclear disaster, fire, flood, delays, weather conditions or the threat of any of these or any other event beyond its control.

5 Indemnification

You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees and costs, made by any third party due to or arising out of your use of the Site the Content or the Materials, the violation of these Terms, or the infringement by you, or any other user of the Site using the your computer of any Intellectual Property Rights of any third party.

6 Modifications and Interruption to Service

The Company reserves the right to modify or discontinue the Service with or without notice to you. The Company shall not be liable to you should the Company exercise its right to modify or discontinue the Service. You acknowledge and accept that the Company does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of the Company’s control.

7 Third-Party Sites

The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and the Company is not responsible therein. The Company encourages you to review the privacy policies of third-parties' sites.

8 Disclaimer Regarding Accuracy of Information

All information on the Site has either been provided by the Company, by third parties or have been supplied and collected from other sources and/or other bodies over which the Company has no control.

While the Company attempts to ensure that the information on the Site and contained in any report is accurate, the Company makes no representations or warranties as to the accuracy or reliability of any information provided on the Site or in any communication sent to you and shall not be responsible for any error or omission in the information supplied to you.

In particular, the Company shall not be liable for the accuracy of, or any loss or damage arising from, any information that the Company supplies to you as a result of any incomplete or inaccurate data or information supplied to the Company by you or as a result of any other fault attributable to you.

9 Governing Jurisdiction

The Site is operated and provided in the Republic of Ireland. As such, the Company is subject to the laws of the Republic of Ireland, and such laws will govern the Terms. The Company makes no representation that the Site or the Service are appropriate, legal or available for use in other locations and/or jurisdictions. Accordingly, if you choose to access the Site, you are agreeing to do so subject to the laws of the Republic of Ireland and further agree to submit to the exclusive jurisdiction of the Irish Courts in relation to any matter arising under or in connection with your use of this website or its contents.

10 Compliance with Laws

You may not use the Service in any way that violates any applicable laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws regulations or other government requirements.

11 Copyright and Trademark Information

The Site, Content and Materials, as well as their respective layout, arrangement and design elements and each of it’s individual pages and any and all software used in the operation of the Site and the Service, are and will always remain the property of the Company and it’s affiliates and are protected by Irish, European and international copyright, trademark and other applicable intellectual property laws.

You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content or the Materials, in whole or in part. For the avoidance of any doubt, and strictly without prejudice to the effect and/or intent of any other part of this clause or any other part of the Terms, under no circumstances may the Customer sell on or otherwise dispose for profit, to any third party or otherwise, any part of the Service, provided by the Company to the Customer. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of the Company or the copyright owner.

In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You hereby acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Site.

The Company offers you access to the Site, and to the Content and Materials available on the Site solely for your own personal and non-commercial use. You may not resell or make any commercial use of the Site or the Content or the Materials. You may not make use of any product listings, descriptions, or prices. You may not download or copy any account information for the benefit of any other merchant. You may not make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content or the Materials in an unauthorized manner.

You may not engage in any practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Site, in any manner or in any quantities not authorised by the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its affiliates without prior express written consent.

You may not use meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company.

12 Botnets

The Company retains the right, at it’s sole discretion, to terminate the provision of the Service to any Customer involved with botnets and related activities. If any hostnames are used as command and control points for botnets, the Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at the Company’s discretion.

13 User Submissions

The posting of any communication to the Site must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of Intellectual Property Rights, or otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam".

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.

The Company reserves the right (but not the obligation) to remove or edit such content, but does not accept any obligation to regularly review posted content. You are hereby representing and warranting that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content supplied does not violate this policy and will not cause injury to any person or entity; and that the you will indemnify the Company or its affiliates for all claims resulting from content that is supplied. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

14 Special Conditions

  1. The Service comprises the ability for you to arrange on-line appointments with a Consultant(s). The Company cannot and does not accept any liability to you is respect of any medical advice, procedure or any other service that you receive from any such Consultant. The Company does not warrant that it has made any enquiry regarding the qualifications, registration, operating practices, experience or any other matter of any Consultant and it is strictly a matter for you to satisfy yourself in that regard
  2. There is no provision, as part of the Service to re-arrange and/or cancel your appointment once a booking has been made and confirmed. Any alteration to the booking must be made directly between you and the Consultant.

15 Complaints

The Company hopes that you will be fully satisfied with the Service that is provided to you. The Company is and will always strive to improve its Service. If you wish to make a complaint about the Service then please write to Irish Medical Technologies and Services Ltd. at Penthouse, Blackrock Clinic, Blackrock, Co. Dublin.

Setting out in full the nature of your complaint.

The Company will endeavour to acknowledge your complaint within two working days. The complaint will be fully investigated and the Company will endeavour respond to your complaint within five working days from receipt.

If you are a consumer using the Service for private use are not satisfied with the response that you receive, you may refer the matter to the National Consumer Agency at:

National Consumer Agency,
4 Harcourt Road,
Dublin 2
Ph. 402 5555 (01 area), 1890 432 432 (outside 01 area)
Fax Number:01 4025501
Web site: www.consumerconnect.ie

16 Other Terms

Any part of the Service should only be used by you as a tool to assist you making an appointment with a Consultant. The final decision in selecting a Consultant, whether on the panel of Consultants using this facility or not will always rest with you.

If any part or provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms and any other agreements referenced herein may be assigned by the Company, in our sole discretion, to a third party in the event of a merger or acquisition.

These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between the Company and you.

You agree that by accepting these Terms, that you are consenting to the use and disclosure of your personally identifiable information and other practices described in the Company’s Privacy Policy Statement.

These Terms constitute the entire agreement of the between that Company and you with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.

The section headings used herein are for convenience only and shall not be given any legal import.