EAP WEBSITE AND PORTAL TERMS OF USE

WHO WE ARE AND HOW TO CONTACT US

This EAP website [ https://www.yourpatientaccess.com ] and portal is operated by Bionical Limited, trading as Bionical Emas (“we” or “us”). We are registered in England and Wales under company number 07059600 and have our registered office at The Piazza, Mercia Marina, Findern Lane, Willington, Derbyshire, DE65 6DW, United Kingdom.

TERMS OF USE

By using our website and (as applicable) portal, 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 of use, then please do not use our website or our portal. We reserve the right to amend these terms from time to time. Every time you wish to use our website and (as applicable) portal, please check these terms to ensure you understand the terms that are applicable on the date of visit.

Although we make reasonable efforts to update the information on our website/portal, we make no representations, warranties or guarantee, whether express or implied, that the content on our site is accurate, complete or up-to-date.

These Terms of Use refer to the following additional policies which are also to be found on our website and are incorporated into these Terms of Use:

Further information as to privacy and protection of your data will appear when you use our portal, and you may be asked to consent to certain use of your data for particular purposes. This will be explained to you upon use of the portal.

WE MAY SUSPEND OR WITHDRAW OUR PORTAL

We do not guarantee that our website/portal, or any content on it, will always be available or be uninterrupted.

You are also responsible for ensuring that all persons who access our website/portal through your internet connection are aware of these terms and conditions, and that they comply with them.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If 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 patient.access@bionical-emas.com.

HOW YOU MAY USE MATERIAL ON OUR WEBSITE/PORTAL

We are the owner or the licensee of all intellectual property rights in our website and portal, and of the material published on it. Such are protected by intellectual property (including copyright) laws and treaties around the world. All such rights are reserved.

There may be documents available on our website and portal which you may download and print off one copy for your personal use and you may draw the attention of others within your organisation to content posted on our site.

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 website/portal must always be acknowledged.

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

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

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our website/portal 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, or their privacy policies.

HOW WE MAY USE YOUR PERSONAL INFORMATION

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

VIRUSES

We do not guarantee that our website/portal will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website and portal. You should use your own virus protection software.

You must not misuse our website/portal 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 website/portal, the server on which our site is stored or any server, computer or database connected to our website/portal. You must not attack our site 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 website/portal will cease immediately.

LIMITATION OF LIABILITY

We exclude all implied conditions, warranties, representations or other terms that may apply to our website/portal or any content on it.

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:

  • use of, or inability to use, our website or portal; or
  • use of or reliance on any content displayed on our website or portal.

In particular, we will not be liable for:

  • loss of profits, sales, business or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any direct, indirect or consequential loss or damage.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

APPLICABLE LAW

These terms of use shall be governed by and interpreted in accordance with the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of England and Wales in respect of any disputes which may arise in relation to our website/portal.