Last updated 19th Jan 2024

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS APP AND WEBSITE

These terms tell you the rules for using our services.

WHO WE ARE AND HOW TO CONTACT US

LinkOMed, located at www.linkomed.com, is an app and website operated by Apricus Med-Tech UK Limited. (“LinkOMed”, “we” or “us”). We are registered in England and Wales under company number 12862031. We are a limited company.

We operate a technology platform and online community that are designed to form a network for doctors, medical students, and healthcare professionals to engage, share and learn with a view to share knowledge to improve healthcare. The Services offered by LinkOMed include our app (the “App”), the LinkOMed.net website (the "Website"), LinkOMed Messaging ("MM"), and any other features, content, or applications offered from time to time by us and our partners.

To contact us, please email support@linkomed.com.

BY USING OUR APP AND WEBSITE YOU ACCEPT THESE TERMS

By using our app and website, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our app and website.

We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our app and website:

1. Our Privacy Policy.
2. Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our app and website. When using our app and website, you must comply with this Acceptable Use Policy.
3. Our Cookie Policy, which sets out information about the cookies on our app and website.

If you purchase goods or services from our app and website, our Terms of Service of supply detailed in your contract will apply to the sales.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our app and website, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 24th May 2018 when we re-structured our Terms of Service to make them clearer and more transparent.

WE MAY MAKE CHANGES TO OUR SERVICES

We may update and change our services from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

WE MAY SUSPEND OR WITHDRAW OUR SERVICES

We do not guarantee that our website and app, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our services through your internet connection are aware of these terms of use and other applicable Terms of Service, and that they comply with them.

WHO DO WE OFFER LINKOMED MEMBERSHIP TO?

Individual Membership is for doctors, medical students and registered healthcare professionals involved directly in patient care. Our website and app is made available free of charge for Individual Members.

Institutional Membership is for hospitals, clinics, societies, companies and other organisations authorized by LinkOMed. Please contact support@linkomed.com for information on pricing.

Restricted Membership is available to individuals and organisations not listed above only with the prior written consent of LinkOMed, including but not restricted to the following groups: medical industry companies, their employees and agents, including but not restricted to companies involved in the manufacture of pharmaceuticals, devices, equipment and the provision of such industry services; print, broadcast and online journalists; employees of print, broadcast or online media providers or publishers. Any individual in such groups who registers as a Member without the prior written consent of LinkOMed is liable to pay a fee, which is currently set at £20,000.

Please contactsupport@linkomed.com if you are not eligible, or unsure if you are eligible, for Individual or Institutional Membership but would be like to be considered for membership or to discuss commercial partnership opportunities.

We reserve the right to change our fees from time to time at our discretion. If we terminate your Membership because you have breached these our Terms of Service, you shall not be entitled to the refund of any unused portion of subscription fees. Likewise, if you terminate membership of LinkOMed you shall not be entitled to any refund of your subscription fee.

If you are a member, you may review, update, amend or delete information on your account by logging into your account.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@linkomed.com.

HOW YOU MAY USE MATERIAL ON OUR APP AND WEBSITE

We are the owner or the licensee of all intellectual property rights in our app and website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may not print off copies, download extracts, of any page(s) or screen(s) from our app and website for your personal or professional use unless done so through a feature within our website or app. You may draw the attention of others within your network and organisation to content posted on our app and website through sharing links to the app and/or website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our app and website must always be acknowledged.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trade marks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

You must not use any part of the content on our app and website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our app and website in breach of these terms of use, your right to use our services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information at support@linkomed.com:

• an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Website;
• your address, telephone number, and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. LinkOMed's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, E-PCI Ltd., 39 Evans Business Centre, Leeds, West Yorkshire. LS1 6JL. UK.

DO NOT RELY ON INFORMATION ON THIS APP AND WEBSITE

The content on our app and website is provided for general information only. It is not intended to amount to advice on which you should rely or act upon in any way.

Although we make reasonable efforts to update the information on our app and website, we make no representations, warranties or guarantees, whether express or implied, that the content on our app and website is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our app and website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

Our app and website will include information and materials uploaded by other users of the app and website. This information and these materials have not been verified or approved by us. The views expressed by other users on our app and website do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on support@linkomed.com.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any additional products or services to you, which will be set out in our Terms of Service of supply as detailed in your contract will apply to the sales.

If you are a business or organisation user:

1. We exclude all implied conditions, warranties, representations or other terms that may apply to our app and website or any content on it.
2. We will not be liable 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:
3. use of, or inability to use, our app and website; or
4. use of or reliance on any content displayed on our app and website.
5. In particular, we will not be liable for:
6. loss of profits, sales, business, or revenue;
7. business interruption;
8. loss of anticipated savings;
9. loss of business opportunity, goodwill or reputation; or
10. any indirect or consequential loss or damage.

If you are a consumer user:

1. Please note that we only provide our app and website for domestic and private use. You agree not to use our app and website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
2. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, 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.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy.

UPLOADING CONTENT TO OUR APP AND WEBSITE

Whenever you make use of a feature that allows you to upload content to our app and website, or to make contact with other users of our app and website, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store and copy that content and to process and analyse it. The rights you license to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our app and website constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our app and website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you upload or post content to our app and website, you grant us a non-exclusive, fully-paid and royalty-free, worldwide right and licence (with the right to sub-licence through unlimited levels of sub-licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, publish, store, reproduce, transmit, and distribute such Content on and through our Services.

You represent and warrant that:

• Users own the Content posted on or through the Services or otherwise have the right to grant the licence set forth in this section,
• the posting of Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, and
• Users agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted to or through the Services.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our app and website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our app and website. You should use your own virus protection software.

You must not misuse our app and website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our app and website, the server on which our app and website is stored or any server, computer or database connected to our app and website. You must not attack our app and website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our app and website will cease immediately.

RULES ABOUT LINKING TO OUR APP AND WEBSITE

You may link to our website and app, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our app and website in any website that is not owned by you.

Our app and website must not be framed on any other app and website without our permission.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our app and website other than that set out above, please contact support@linkomed.com.

TERMINATING SERVICES AND TEMPORARY SUSPENSIONS

LinkOMed will judge, in its discretion, whether there has been a breach of its Terms on the part of our users. When a breach of these Terms has occurred, we may take such action as deemed appropriate by us.

Failure to comply with the Terms constitutes a material breach of the Terms upon which users are permitted to use our Services, and may result in LinkOMed taking all or any of the following actions:

• Immediate, temporary or permanent removal of a User’s right to use our Services;
• Immediate, temporary or permanent removal of any posting or material uploaded by a user to our Services;
• Issue of a warning to a User;
• Legal proceedings against a User for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• Further legal action and/or disclosure of such information to law enforcement authorities, as deemed appropriate.

LinkOMed excludes liability for actions taken in response to breaches of these acceptable use provisions. The responses described herein are not limited, and we may take any other action we reasonably deem appropriate.

These Terms shall remain in full force and effect while the Services are used or the User is a Member. Users may terminate Membership at any time, for any reason, by following the instructions on the Member's account settings page.

We may terminate your Membership at any time, without warning. Although, please note that even after Membership is terminated, these Terms will remain in effect.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

Users agree to indemnify and hold LinkOMed, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of use of the Services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of representations and warranties set forth above and/or if any Content that Users upload or post on the app or website or through the Services causes LinkOMed to be liable to another.

LINKOMED is neither liable for any distasteful, unsuitable, indecent, illegal nor otherwise unacceptable content or information that be made available through its Services, nor is it responsible for the conduct, of any Users of LinkOMed or otherwise.

NOTICE ON COPYRIGHT, TRADEMARKS, PATENTS AND TRADE SECRETS

LinkOMed Content is protected by copyright, trademark, patent, trade secret and other laws. LinkOMed owns and retains all rights in LinkOMed Content and LinkOMed Services. LinkOMed prohibits any User from reproduction and public display of the LinkOMed Content, which includes any software code or technical information.

You are not permitted to use LinkOMed Content without our approval, unless they are part of material you are using as permitted under How you may use material on our app and website.

DISCLAIMERS

LinkOMed is not responsible for any incorrect or inaccurate Content posted on the app and website in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilised in the Services. Information, advice, references, clinical data, suggestions and strategies supplied by Users or by LinkOMed may or may not be correct.

We accept no responsibility for ensuring the accuracy of such information, and strongly advises all Users to exercise caution in the interpretation and implementation of such information. Member Profiles created by Members of LinkOMed may contain links to other websites. LinkOMed is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by LinkOMed. Inclusion of any linked website on the Website neither implies approval, nor endorsement of the linked website by LinkOMed. When Users access these third-party sites, they do so at their own risk.

LinkOMed takes no responsibility for third party advertisements, which are accessible on the app or website, or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. LinkOMed is not responsible for the conduct, whether online or offline, of any User of the Services. LinkOMed assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User or Member communication.

LinkOMed is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services.

Under no circumstances shall LinkOMed be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a LinkOMed event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "as are” and as available and LinkOMed expressly disclaims any warranty of fitness for a particular purpose or non-infringement. LinkOMed cannot guarantee and does not promise any specific results from use of the Services.

MISCELLANEOUS

These Terms are accepted upon use of the app or website or any of the Services and is further affirmed by becoming a LinkOMed Member. These Terms constitute the entire Terms between you and LinkOMed regarding the use of the Services. The failure of LinkOMed to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is deemed to be unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

GLOSSARY OF TERMS

• “app” means the LinkOMed iOS and Android Apps located within the App Store and Google Play store respectively.
• “Content” or “content” means content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials.
• “Individual Membership” means personal LinkOMed membership for doctors, medical students and registered healthcare professionals.
• “Institutional Membership” means membership of LinkOMed for hospitals, clinics, societies, companies and other organisations authorized by LinkOMed.
• “Member” or “LinkOMed Member” means a registered user of Services.
• “LINKOMED Content” means content that is contained within the Services as protected by copyright, trademark, patent, trade secret and other laws and which is owned by, LinkOMed Limited.
• "MM" means the LinkOMed Messaging tool as owned or licensed by LinkOMed.
• LinkOMed “services” include our app (“app”) the LinkOMed.net website ("our website"), LinkOMed Messaging ("MM"), and any other features, content, or applications offered from time to time by us and our partners
• "use" means use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
• “Restricted Membership” means membership for individuals and organisations that are not eligible for Individual or Institutional Membership with prior written consent.
• “User” or “user” means a Visitor, who may or may not be LinkOMed Member.
• “Visitor” means a visiting user of the Services who is not registered as a LinkOMed Member.
• "website" means the website, located at https://linkomed.com, operated by LinkOMed Ltd.

Please contact us by email at support@linkomed.com with any questions regarding these Terms of Service.