The Clinician Terms of Use

Last modified: 27 October 2020

1. Acceptance of Terms and Conditions

  • The Clinician Holdings Limited (“The Clinician”, “we”, “us”, “our”) owns and operates theclinician.com website and all other ZEDOC related services, including websites and apps offered through our ZEDOC platforms (collectively, our “Services”). 

  • Acceptance: Your access and use of our Services is governed by the following terms of use and The Clinician's Privacy Policy (together the “Terms”). Please read the Terms carefully. By accessing and using our Services, you agree to be bound by the Terms. If you disagree with any of these terms and do not wish to be bound by the Terms, please do not use our Services. 

  • Additional Terms: You may be required to agree to additional terms and conditions for particular Services that we may make available to you from time to time and we will provide any additional terms and conditions prior to being able to access those particular Services. Any such additional terms and conditions are to be read in conjunction with these Terms. To the extent of any inconsistency between these Terms and any additional terms and conditions for particular Services, the additional terms and conditions will prevail in relation to the particular Services.

  • Changes: These Terms may be revised from time to time at our sole discretion. You should regularly check to ensure you have read and understood the latest versions of our Terms, as continuing to use our Services deems your acceptance of any changes. If we have provided you with additional terms and conditions for particular Services, from time to time at our discretion, we may update and provide you with updated terms and conditions. When this occurs, we will ask you to accept the updated terms and conditions and if you do not accept you may no longer be able to access the particular Services. 

  • Eligibility: By accepting these Terms and accessing our Services, you are confirming to being over 18 years of age and therefore, eligible to give your explicit consent. If you are less than 18 years of age, you must have your parent or legal guardian's permission to accept the Terms and access our Services.

2. Intellectual Property Rights

  • Existing IP: You acknowledge and agree that all material on our Services, including text, graphics, trademarks, images, videos, source code, design, layout, experience, “look and feel” and any other functionalities or information across our Services (collectively, the “Content”) is owned by The Clinician and is subject to copyright and other intellectual property rights. You agree to not copy, reproduce, republish, upload, transmit, distribute, store, or modify the Content in any form without prior written consent from The Clinician. If you wish to use any piece of Content in any way described, please contact us using the contact information set out in the How to Contact Us section below.

  • User Content: You may provide data to us through our Services, such as data which relates to you, patients, employees, your organisation or other third parties (collectively “User Content”). By providing User Content to us you represent and warrant that you own all right, title, and interest in the data including but not limited to, copyrights, trademarks, and rights of publicity contained therein, or have obtained all necessary permissions for providing such data. You further represent and warrant that you have made all necessary disclosures and obtained all necessary permissions in order for our Services to access and process the User Content in accordance with that required by all applicable laws, including but not limited to, laws applying to privacy, personal health information, and intellectual property. You and individuals will maintain ownership of all User Content. However, you agree by providing User Content that you grant us a royalty free, perpetual, transferable and sublicensable license without geographical or other restrictions, to access, use, process, copy, upload, transmit, distribute, store and modify User Content as reasonably necessary to provide, maintain, update, or improve our Services. We will not exploit personally identifiable information in any way, nor share it with third parties other than is agreed in writing or required by law. 

  • New IP: In using our Services new IP may be created, in general its ownership and licensing will follow these principles: 

    • If the new IP requires our Services (i.e. our ZEDOC Platform), such as any improvement or addition of new features to your ZEDOC Platform which may be applicable to our other customers, the ownership and licensing belongs to us unless otherwise agreed in writing. However, we will grant royalty free, perpetual, non-transferable license to you, to use such IP for non-commercial purposes, including use in care delivery, research, teaching and policy making, within the scope of any agreement you hold with us. 

    • If the new IP does not require our Services, such as new IP which relates to or is the result of analysing your data, especially clinical, administrative and financial insights, its ownership may belong to you or may be assigned to you, given you cover the full costs of generating that IP. In these circumstances, you agree to grant us a royalty free, perpetual, transferable and sub-licensable license to use the IP commercially without geographical or other restrictions. 

Where any uncertainty or disagreement exists over the ownership and licensing of new IP, you agree to not use such IP for any commercial purposes until both parties reach an agreement in writing which allows you to do so.   

3. Use of our Services and Content

  • Wrongful use: In accessing and using our Services, you agree to not take any action which may cause undue inconvenience, disruption or offence to The Clinician and its users, or that may disturb the performance, availability or security of our Services. You must not introduce viruses, malicious software, malicious code or any other material technologically harmful to the Services. You must not copy, store, transmit or use our Services in any way that is linked to technologically harmful activity. You must not try to gain unauthorised access to the Services or our systems in any way. You may use the Services only as permitted by law, meaning you must not take any action deemed unlawful, illegal or fraudulent, and we may suspend or cease providing access to you at any time if you do not comply with these Terms. Unlawful use of the Services will be reported to relevant law enforcement authorities and any information collected about you, will be shared with such authorities. 

  • Modification of Content: We are continually updating and modifying our Services to improve their functionality and better cater to our users. In using our Services, you agree The Clinician has the right to add, suspend or remove any Content or functionalities at any time. 

  • Removal of Content: If you wish for any Content to be removed from our Services, please contact us using the contact information set out in the How to Contact Us section below, and provide details of the Content with your reasoning for its removal.

4. Third Parties

  • Our Services may contain links to or material of third parties not owned by The Clinician and/or advertising not related to The Clinician (collectively, “third party content”). Any third party content, including the linked websites of third parties, that appears on our Services is not prepared or controlled by The Clinician; it is provided for convenience only and does not imply The Clinician checks, endorses, approves, investigates or agrees with any third party’s website or material. If you visit a linked website or contact an advertiser, that dealing will be solely between you and that other website, advertiser, or party at your own risk. To the fullest extent permitted by law, The Clinician disclaims any and all liability in respect of use of any third party websites or services our Services link to, unless we specifically state otherwise. 

5. Liability

  • Limitation of liability: To the fullest extent permitted by law: 

    • All warranties, representations and warranties (whether express, implied or statutory) are excluded, including without limit, suitability, satisfactory quality, fitness for purpose, compatibility, noninfringement, accuracy, security or completeness of a Service or its Content; and

    • The Clinician will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your use and access to our Services.

  • Content: While The Clinician makes every endeavour to keep all Services and our Services’ Content as up to date and accurate as possible, we do not provide any guarantees for its accuracy, completeness, availability, timeliness or reliability. The Clinician also does not provide any guarantees that Services and Content will always be safe, secure or error-free, or that they will function without disruption, delays or imperfections. 

  • Information not Professional Advice: Our Services may contain general information relating to medical and physical conditions, treatments, or public or private health issues. The information provided across our Services is not intended or implied in any way to serve as medical or professional advice, and therefore should not inhibit or be used in replacement of appropriate and timely provision of medical or professional health care advice or services by a qualified health professional. You acknowledge that you have sole responsibility for ensuring your health and wellbeing by consulting a qualified health professional for any questions you may have. You must not disregard professional advice or delay in seeking advice or treatment based on the information contained across our Services or a third party’s appearing on our Services. 

6. Your Information

  • Your Information: For the purpose of these Terms “your information” means any information that relates to you and is collected through our Services directly from you or indirectly from your healthcare provider, including any technological information automatically collected from your devices. 

  • Collection of Information: When accessing our Services we may collect personal information about you and process the data in accordance with our Privacy Policy. By accessing and using our Services you consent to these Terms.

  • Transmission of Information: No transmission of data over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of the information you transmit to us. Accordingly, if you choose to provide information (such as personal information) through the Services, it is done so at your own risk. For further information regarding the security of your information on our systems, please see below. 

  • Provision of Personal Information:  If you provide personal information through our Services, you agree to only provide information that is your own unless you have authorisation from the individual concerned. You agree to provide accurate, current, complete and relevant information, that is not misleading. If at any time the personal information you have provided no longer meets the specifications described, you acknowledge your responsibility to request the correction of the information we hold by contacting us using the contact information set out in the How to Contact Us section below.

7. Termination or Suspension of Access

  • Our Operations: From time to time at our discretion we may suspend your access to our Services for any of the following reasons:

    • to carry out maintenance services that we consider necessary for the proper functioning of our Services;

    • to carry out modifications or updates to our Services;

    • in the event of a security breach or for any reason where we consider suspending access is necessary for preserving data and integrity; or 

    • if our servers, including the serving computers, hardware and operating systems necessary to operate and support our Services, malfunction.

If your access to our Services is suspended for any of these reasons, this suspension will continue until the action has been carried out, the problem or breach rectified or until otherwise agreed in writing between the parties. 

  • Your Use: We also reserve the right to terminate or suspend your access to our Services indefinitely and without refund or compensation, at any time if we reasonably believe you are using, intend to use or have used our Services in a manner we reasonably deem inappropriate or which breaches these Terms or any additional terms and conditions entered into by you with The Clinician. If your access is suspended for these reasons, this suspension shall continue until the matter is resolved with agreement in writing between the parties.  

  • No Liability: We will not be liable to you, your affiliates, or any third party for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you as result of our suspending or terminating your access to our Services for the reasons stated here, given we have determined those on a reasonable basis.

8. Security

  • Your Device: You are entirely responsible for the security of your own personal device and other internet connected devices (e.g. laptop, mobile, or tablet). We suggest you take measures to protect your devices from viruses and other security threats. 

  • Passwords: Certain Services we may provide to you may require you to have a username and password to access them. The password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, driver's licence or passport. Nor should it be an obvious combination of letters and numbers, including sequential or same numbers. You are entirely responsible for maintaining the security of your username and password and for all activity which occurs on or through your user credentials, whether authorised or unauthorised. If you believe an unauthorised person knows your password or has unauthorised access to your account, you must notify us immediately and change your password as soon as possible. The Clinician shall not have any liability for your failure to comply with these obligations. 

  • Our Systems: The Clinician's Information Security Management System has been certified in compliance with the internationally recognised ISO 27001:2013 information security standard. As part of our compliance, we implement rigorous and appropriate data security practices to prevent unauthorised access, use, disclosure, alteration or deletion of all information stored in our systems. However, under these Terms you acknowledge, that no such effort can completely guarantee the security of the stored data and that breaches of security are still possible regarding both our systems and that of a third party’s systems (for example, ISP’s and hosting services providers). You agree that we do not warrant or ensure the integrity and security of the data stored in our or a third party’s systems, including without limitation your information.

9. Governing Law

  • New Zealand: These Terms will be governed by and construed in accordance with the laws of New Zealand and New Zealand courts will have non exclusive jurisdiction in relation to any matters or disputes connected with these Terms. 

How to Contact Us

If you have any questions or concerns regarding these Terms, please contact us using the following contact information.

Email: support@theclinician.com

Phone: 0800 102 647 (NZ)

Mail: 84 Newton Rd, Eden Terrace, Auckland 1010, New Zealand