Terms & Conditions
This website viclr.com is operated by Health First Services Limited Registered in England no. 6803249 Registered Office: 7 Malham Close Southport PR8 6UP
2. Acceptance of terms
3. Payment terms for use of viclr.com by registered users (GP Practices):
a) These clauses apply to use of the Web Site by registered users (GP Practices) in addition to all other clauses of this agreement.
b) viclr.com operates as a subscription service for UK GP Practices. After your trial period has ended, if you wish to continue using the service you must pay the subscription charge at the prevailing rate.
c) To join the subscription service, you will make an initial payment via a third party payment processor. On each subsequent monthly anniversary of the initial payment, or shortly thereafter, Health First Services will automatically instruct the payment processor to repeat this payment. You grant Health First Services the authority to request these payments in order to continue your subscription.
e) Health First Services does not issue refunds for unused or part-used months. You can see the date of your next payment on the website. Providing you close your account before that date, you will avoid the next payment.
f) Health First Services agrees that, providing you maintain continuous paying membership, any future rises in the viclr.com subscription charge will not affect you. For the avoidance of doubt, this does not include any variation in the rate of VAT or other government levy.
g) You agree not to instruct your payment provider to issue any chargeback in respect of your viclr.com subscription. Should you feel an incorrect fee has been taken from your payment card, please contact Health First Services. Health First Services will investigate and promptly refund any overpayment. You agree that if you do issue any chargeback against Health First Services, your account may be deleted.
h) Health First Services reserves the right to delete dormant accounts. These are defined as those accounts for which the subscription charge has not been paid for a period in excess of two months and for which no agreement has been entered into between the user and Health First Services for the purpose of suspending the account. Health First Services does not guarantee to delete dormant accounts in the aforementioned circumstances. It may preserve a user’s data at its discretion if it feels there is a likelihood of the user resuming use of the web site.
i) Only one trial period is available per user unless by prior agreement with Health First Services. If a user closes their account and opens another one without the agreement of Health First Services, the new account and any subsequent accounts will have the same trial period end date as the original account. Repeated closing and re-opening of accounts may lead to summary closure of a user’s account and refusal to provide the service to the same user in future. To prevent abuse in this manner the practice names, email address and account start dates of users are stored.
You understand that all postings, ads, messages,text, files, images, photos, video, sounds, or other materials("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that viclr.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the viclr.com site and Content available through the Service may contain links to other websites, which are completely independent of viclr.com. viclr.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will viclr.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. - By having your mobile number listed on viclr.com, you agree to receive communication from third parties who may wish to contact you through the site.
You acknowledge that viclr.com does not always pre-screen or approve Content (unless specified), but that viclr.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
5. Notification of Claims of Infringement
If you believe that your work has been copied in away that constitutes copyright or trademark infringement, or your intellectual property rights have been otherwise violated, please notify us by completing the Contact Us form on the website.
6. Privacy and Information Disclosure
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic in nature
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation,race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a viclr.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if posted in areas of the viclr.com sites which are not designated for such purposes; or emailed to viclr.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
j) that includes links to commercial services or web sites, except as allowed in "services";
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Indian or International law.
l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
o) contact anyone who has asked not to be contacted;
p) "stalk" or otherwise harass anyone;
q) collect personal data about other users for commercial or unlawful purposes;
r) use automated means, including spiders, robots, crawlers, data mining tools,or the like to download data from the Service - unless expressly permitted by viclr.com;
s) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
t) attempt to gain unauthorized access to viclr.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the viclr.com website; or
u) use any form of automated device or computer program that enables the submission of postings on viclr.com without each posting being manually entered by the author thereof (an "automated posting device"),including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
8. Marketing Communication
viclr.com communicates with you as a registered member through the email id and/or mobile number that is specified in your account. We shall use this email address and/or mobile number to send you following types of communications.
a) E-mails/SMS related to your account,
b) Introduction of new services on viclr.com and/or features in your account,
c) Newsletters that you are subscribed to,
d) Updates about changes in our policies,
e) Occasional mailers of third party services.
Please note that these communications may contain commercial messages of advertisers and you may be contacted by them for marketing purposes. You may opt out of the newsletters or promotional announcements anytime at your wish.
OPT-OUT OF COMMUNICATION
You have an option to opt-out by:
a) Deleting your posts and/or other information
b) Deactivating your account
c) Unsubscribe from receiving marketing communications
9. No Spam Policy
You understand and agree that sending unsolicited email advertisements to viclr.com email addresses or through viclr.com computer systems, which is expressly prohibited by these Terms, will use or cause to be used viclr.com servers. Any unauthorized use of viclr.com computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. Access to the Service
Viclr.com grants you a limited, revocable,non-exclusive license to access the Service for your GP practice use. This license does not include any collection, aggregation, copying, duplication,display or derivative use of the Service nor any use of data mining, robots,spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by viclr.com. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in Jobs listings or in any subset of classifieds listings such as jobs postings or which is in the business of providing Jobs ad listing services.
viclr.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds three postings, your use will be presumed to be in violation of these Terms, in absence of express permission granted by viclr.com to do so. You may also create a hyperlink to the homepage of viclr.com sites so long as the link does not portray viclr.com,its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. viclr.com offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. viclr.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed,proper attribution to 'viclr.com' as the source, (d) your use or display does not suggest that viclr.com promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden viclr.com's systems. viclr.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by viclra.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from viclr.com.
11.Termination of Service
You agree that viclr.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice,and remove and discard any Content within the Service, for any reason, including, without limitation, if viclr.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that viclr.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
12. Proprietary Rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of viclr.com.You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of viclr.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. viclr.com is a registered trade mark in the United Kingdom.
Although vilcr.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to viclr.com an irrevocable, perpetual, non-exclusive,fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multipletiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant viclr.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication,reproduction, or exploitation of the Content on the Service by any party for any purpose.
You agree to indemnify and hold viclr.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
14. Arbitration and Jurisdiction
The Terms constitute the entire agreement between you and Health First Services (Viclr.com) and govern your use of the Service, superseding any prior agreements between you and viclr.com. This agreement shall be governed by and construed in accordance with English laws and any dispute arising out of or in connection with this agreement shall be referred to arbitration in London and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms & Conditions
15.General Terms and Conditions
The failure of viclr.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16.Violation of Terms and Liquidated damages
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing viclr.com, completing the Contact Us form on the website.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for viclr.com to pursue legal action to enforce these Terms, you will be liable to pay viclr.com the following amounts as liquidated damages, which you accept as reasonable estimates of viclr.com damages for the specified breaches of these Terms:
a. If you post a message that (1)impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay viclr.com U S fifty thousand pounds (GBP £ 50,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
b. If you send unsolicited email advertisements to viclr.com email addresses or through viclr.com computer systems, you agree to pay viclr.com one thousand two hundred pounds (GBP £1200) for each such email.
d. If you aggregate, display, copy,duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without viclr.com's express written permission, you agree to pay viclr.com one lakh fifty thousand pounds (GBP £1,50,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay vilcr.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, viclr.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
You are responsible for keeping the computer you are making the payment from free from viruses and malicious programs, and maintaining all appropriate security measures. You acknowledge that your failure to do so may lead to, amongst other things, the interception of data by unauthorised parties. viclr.com shall have no liability to you whatsoever if you suffer any loss that is caused wholly or in part by your failure to keep secure the computer you are making a payment from.
Collection of Personal Information
The Site's registration form requires users to give us contact information (such as name, email address and other contact details)and demographic information (such as postal code, age, or income level) and other information that is used by us to provide Products / services. We use the customer contact information from the registration form to send the user information that he or she has requested regarding the Site or regarding services / products offered by us. This Site uses an advertisement form for customers to place online and/or print ads. One of the express purposes of the Site is to gather contact information provided voluntarily by customers to be published either online or in print, as the case may be, and in connection with items that are for sale by customers. We have no control over who views online or print ads. Contact information provided may be used to contact customers when necessary. We collect customers financial information (such as account or credit card numbers) to bill the user for products and services, but retain this information only as required to process the transaction and for as long as may be required by law.
Demographic and profile data is also collected at the Site. We use this data to tailor each visitor's experience at the Site, showing the user content that we think he or she might be interested in, and displaying the content according to the users preferences.
Our online surveys ask visitors for contact information (such as email addresses) and demographic information (such as postal code, age, or income level). We use contact data from our surveys to send users information about our products and services. Users may opt-out of receiving future mailings (seethe Opt-Out section below).
We may use customer information for additional purposes that may be identified at or before the time that the information is collected. We also use information from customers for accounting and transaction completion purposes.
We use third-party advertising companies to serve ads when you visit our website.These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
Disclosure of Personal Information
We may disclose certain personal information as follows:
- by publishing ads either online and/or in print, as the case may be, in connection with items and services offered by us
- to third party service providers and to affiliated entities in order to carryout work on our behalf,
- to law enforcement agencies for the purposes of investigating fraud or other offences
- to legal, financial, and other professional advisors or in connection with the sale or reorganization of all or part of its business or operations.
- by having your mobile number listed on viclr.com, you agree to receive communication from third parties who may wish to contact you through the site.
Except as provided above, we will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required or permitted by law.
Cookies and IP Addresses
This Site contains links to other websites, such as websites providing national search capabilities and information resources. We are not responsible for the privacy practices or the content of such websites. Please ensure you review the privacy policies of the websites that you visit.
We protect against the loss, misuse and alteration of personal information with security measures appropriate to the sensitivity of the information. However, it is possible that any information transmitted via the Internet may be intercepted by unknown third parties. We use Verisign or other similar security systems to have credit card data transmitted to our network servers in a secure encrypted mode.
When appropriate, users of the Site are given the opportunity to (i) opt-out of receiving communications from us, (ii) remove their information from our database, or (iii) elect to no longer receive services from us. If you wish to opt-out of receiving further communications,please contact us.
Users of this Site may contact viclr.com by completing the contact us form on the website, to modify or correct any of their personal information that is under our control. An individual may also direct a written complaint regarding compliance with this Privacy Statement to us and, within a reasonable time upon receiving the written complaint, we will conduct an investigation into the matter, and we will take necessary measure/s to rectify the source of the complaint, as appropriate.