Terms of Service
TERMS OF SERVICE ("Terms of Service")
1.1 The internet website available at the domains https://www.gppracticeally.ie/ & https://www.practiceally.ie/ is an online resource for Practice Managers and General Practitioners in Ireland. It acts as an online platform to serve the needs of Practice Managers and General Practitioners by enabling registered users to access comprehensive information on the Irish healthcare system and running a business in Ireland.
The domains https://www.gppracticeally.ie/ & https://www.practiceally.ie/ and the facilities, services and information available thereon (our "Website") is owned and operated by Practice Ally Limited, trading as GP Practice Ally ("GPPracticeAlly.ie", "Practice Ally" or "PracticeAlly.ie"), an Irish registered company, number 692243, having its registered office at Hollybrook, Seabank, Arklow, Co. Wicklow, Y14 WY05, Ireland. Our e-mail address is firstname.lastname@example.org.
1.2 Your usage of our Website is governed by the continuous application of these Terms of Service. For the purpose of these Terms of Service "we", "our" and "us" refers to Practice Ally Limited, and "you" refers to you, a registered user of our Website and/or any facilities, services or information available thereon.
1.3 For the purpose of these Terms of Service;
1.3.1 "Medical Practitioner" means any individual as defined by section 2 of the Medical Practitioners Act, 2007 and who is registered with, and regulated by, the Irish Medical Council in accordance with the provisions of that Act, or who is registered with and regulated by an equivalent competent body in another Member State of the European Union,
1.3.2 "General Practitioner" or "GP" means any Medical Practitioner who practices medicine in a predominantly community-based setting, and who may also be a Member of the Irish College of General Practitioners or equivalent body in another Member State of the European Union,
1.3.3 “Practice Manager” means an individual employed by a person described in paragraph 1.3.1 or paragraph 1.3.2 above, for the express purpose of assisting that person in the management and/or administration of their professional duties to their patients and/or clients,
1.3.4 "Healthcare Professional" means any individual working, inter alia, in a hospital, clinic, or health centre, as a professional who is otherwise competent in accordance with law, or on the basis of a recognised professional qualification, to provide medical and/or ancillary services to the general public, or any part thereof, in Ireland,
1.3.5 "Material" means any bulletin board services, chat areas, news groups, communities, forums, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with other users of our Website or other Third Parties,
1.3.6 "Medical Services" means any medical service or services that a Medical Practitioner, General Practitioner or Healthcare Professional is permitted, pursuant to Irish law or otherwise, to provide to a patient.
1.3.7. “Subscription Term” means the period commencing on the Effective Date and continuing for 12 months.
1.3.8. “Effective Date” means the date on which the terms of this Agreement are accepted by the Customer by its subscription to Premium Membership.
2. IMPORTANT NOTICE
2.1 WE ARE NOT INVOLVED IN THE PROVISION OF ANY HEALTHCARE OR MEDICAL ADVICE OR DIAGNOSIS. ALL INFORMATION PROVIDED ON OUR WEBSITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. OUR WEBSITE IS AN ONLINE INFORMATION SERVICE AND COMMUNICATION PLATFORM THAT DISPLAYS INFORMATION ON IRISH GENERAL PRACTICE AND ASSOCIATED SERVICES IN IRELAND WHICH HAS BEEN GATHERED FROM PUBLICLY AVAILABLE SOURCES, MEMBERS, OR THIRD PARTIES.
2.2. WE DO NOT SCREEN OR VALIDATE ANY CONTENT POSTED BY ANY MEDICAL PRACTITIONER, HEALTHCARE PROFESSIONAL, THIRD PARTY OR MEMBER, NOR DO WE ENDORSE ANY PARTICULAR MEDICAL PRACTITIONER, HEALTHCARE PROFESSIONAL, THIRD PARTY OR MEMBER.
2.3 IF YOU USE OUR WEBSITE TO SELECT ANY THIRD PARTY SERVICE PROVIDER TO PROVIDE SERVICES TO YOUR PATIENTS OR PRACTICE, YOU DO SO AT YOUR OWN RISK. YOU SHOULD BE AWARE THAT THE RESULTS OF ANY SEARCH YOU PERFORM ON OUR WEBSITE FOR A THIRD PARTY SERVICE PROVIDER SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT BY US OF ANY PARTICULAR SERVICE PROVIDER, NOR DOES IT CONSTITUTE ANY COMPARATIVE RANKING BY PRACTICE ALLY LIMITED OF THAT SERVICE OR SERVICE PROVIDER.
3. ACCEPTING THE TERMS OF SERVICE
3.1 In order to use our Website you must firstly agree to these Terms of Service. You may not use our Website if you do not accept these Terms of Service.
3.2 You can accept these Terms of Service by actually using our Website. You understand and agree that we will treat your use of our Website as acceptance of these Terms of Service from that point onwards.
3.3 You may not use our Website and may not accept these Terms of Service if you are not a registered user. To be eligible to register as a user of our Website you must be:
3.3.1 A General Practitioner, who practices medicine in a predominantly community-based setting, and who may also be a Member of the Irish College of General Practitioners or equivalent body in another Member State of the European Union, or
3.3.2 An individual employed by a person described in paragraph 3.3.1 above, for the express purpose of assisting that person in the management and/or administration of their professional duties to their patients and/or clients (hereinafter referred to as a "Servant" or "Agent"), or
3.3.3 Any other third party or service-provider approved from time to time by us.
4. CHANGES TO THESE TERMS OF SERVICE
4.1 We reserve the right to modify or terminate any services offered through this Website from time to time, for any reason and without notice, and without liability to you, to any of our clients or to any other third party. We reserve the right to change the content, presentation, performance, user facilities and/or availability of any part of this Website including these Terms of Service at our sole discretion from time to time.
4.2 We will endeavour to bring any material changes to these Terms of Service to your attention. If we do amend these Terms of Service, the amended terms will be effective when posted on our website. You, the user, are responsible for regularly reviewing these Terms of Service and any additional terms posted on our Website. By continuing to access or use the Website after any changes become effective, you agree to be bound by the revised Terms of Service. If you do not agree to the new terms, please stop using the Website.
5. USE OF THE WEBSITE
5.1 Practice Ally Limited requires you to open an account in order to access our Website. You must complete the registration process and all the information supplied must be complete and accurate. You will be asked to provide your email address and contact details, and to choose a password, and the responsibility for maintaining the privacy of this account and the password to access it is entirely yours. No compensation will be made to you for the set-up or operation of your account. By participating in the registration process, you acknowledge that you are eligible for membership in accordance with paragraph 3.3 above to use our Website.
5.2 When you register, you agree not to use the account or password of another user at any time or to disclose your password to any third party.
5.3 You agree to notify Practice Ally Limited immediately if you suspect any unauthorised use of your account or access to your password or any other breach of the security of your account or to the security of our Website.
5.4 You are responsible for maintaining the confidentiality of your password, pin (if applicable) and account, and you are solely and fully responsible for all activities that occur under your password, pin (if applicable) or account. You are prohibited from selling, trading or otherwise transferring your Practice Ally account to another party. Practice Ally Limited cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
5.5 Once set up, your account will continue indefinitely, regardless of usage levels, unless terminated either by you or by us. You can terminate your account by contacting Practice Ally Limited in writing at email@example.com.
5.6 Practice Ally Limited reserves the right to suspend or terminate your account without prior notice at our discretion, in accordance with paragraph 11 hereunder, where we suspect that you have fraudulently or otherwise obtained access to our Website by breaching these Terms of Service, or any paragraph or sub- paragraph thereof.
6. SERVICES WE PROVIDE
6.1 Our Website is an online platform designed to facilitate the needs of Practice Managers and General Practitioners by enabling registered users to access comprehensive information on the Irish healthcare system and running a business in Ireland.
6.2 In accordance with its platform-based nature, our website may from time to time offer additional e-mail services, bulletin board services, chat areas, news groups, communities, forums, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with other users or other Practice Managers, General Practitioners and Third Parties. Practice Ally Limited is not obligated to monitor such services, save as directed to do so by law. Where you avail of such services, you agree to abide by the rules set out in paragraph 12 hereunder.
6.3 We do not make any warranty, either express or implied, as to the veracity or accuracy of any of the information available on our Website. You expressly agree that any such use of any or all of the information that you obtain from our Website, is done at entirely your own risk and that you will not seek to be indemnified by us for any loss, howsoever caused, to you or to your employees, agents or patients, arising out of the usage made of any information that you, the user, obtain from our Website.
7. SERVICES WE DO NOT PROVIDE
7.1 Our Website is not a medical advisory service and we do not endorse, recommend, or approve any Medical Practitioners, Healthcare Professionals, or any Third Parties listed on our Website. We will not discuss or advise on any issues relating to medical treatment with any user, client or any Medical Practitioner, Healthcare Professional or Third Party.
7.2 As we cannot control the information provided by members and/or Third Parties, or information publicly sourced by us and made available through this Website, we do not guarantee or endorse the competence, authenticity, quality, safety or legality of any Medical Practitioner, Healthcare Professional or any Third Party, or services provided or purported to be provided by any such Medical Practitioner, Healthcare Professional or any Third Party service providers, nor do we guarantee the accuracy of any information we may provide to you about any such Medical Practitioner, Healthcare Professional or Third Party service provider.
8. CONTENT POLICY
8.1.1 The internet website available at the domains https://www.practiceally.ie/ & https://www.gppracticeally.ie/ acts as a passive conduit for the online publication and distribution of information and other forms of content submitted through the Website or obtained by us from public or other sources, and we have no obligation to screen content or information in advance, nor are we responsible for screening or monitoring material posted by you or any other user.
8.1.2 Information on our Website is posted in good faith and updated regularly, but we cannot guarantee its completeness and accuracy. We cannot and have not checked the accuracy of all information available on our Website.
8.1.3 You are solely responsible for the content and information you provide to us to be published on the Website, either through our online data entry forms or other means by which you may opt to provide information to us. We reserve the right to edit or remove your content if we suspect it is untrue or that it may incur liability for us.
8.1.4 In accordance with its platform-based nature, our Website may from time to time offer additional e-mail services, bulletin board services, chat areas, news groups, communities, forums, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with other users or other Medical Practitioners, Healthcare Professionals and/or Third Parties. Practice Ally Limited is not obligated to monitor such services, save as directed to do so by law. Where you avail of such services, you agree to abide by the content policy set out herein.
8.1.5 The purpose of the GP Practice Ally Forum is to enable those in the GP Practice Management role to seek information and peer support from colleagues in a similar role. To keep our forum a valuable platform for sharing relevant GP Practice Management information & knowledge, we reserve the right to remove any comment or remove user access at our sole discretion. Ranting will not be tolerated and we ask that you address all matters constructively. Negativity does not encourage participation from other users and is not welcomed.
8.2. INTERACTIVE CONTENT
8.2.1 We cannot endorse or stand by the accuracy, truthfulness or reliability of any material posted by users in the Forum. Statements made by users of our Website only reflect the views of that user, and are not representative of the views of Practice Ally Limited, or any of its employees, agents or advertisers.
8.2.2 You are solely responsible for your conduct and any Material that you submit, post, and/or display on our Website. You agree not to post Material contrary to this Content Policy or our Terms of Service. We reserve the right to remove any content from our Website that does not comply with this Content Policy or our Terms of Service.
8.2.3 As with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any advertiser), we are under no obligation to become involved.
8.2.4 We have no obligation to verify the identity of any users when they are connected to the site or to monitor Material provided by them.
8.2.5 You represent and warrant that: (i) you own the Material posted by you or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of the Material does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
8.3 RULES REGARDING MATERIAL POSTED AS INTERACTIVE CONTENT
8.3.1 Practice Ally Limited is not responsible for and does not endorse the contents of user posts. You are entirely responsible for Material which you post.
8.3.2 Please be aware before you submit a comment that you will not be offered an opportunity to edit it, and we may not be able to remove it post-publication.
8.3.3 You agree to abide by the following obligations in respect of any Material you submit for posting on our Website. Any post may be removed or the user access profile may be blocked without notification:
22.214.171.124 Do NOT make comments which are racist, sexist, homophobic, offensive on the grounds of religion, nationality or demographic group;
126.96.36.199 Do NOT make any comments which violate the criminal law;
188.8.131.52 Do NOT make any comments which promote or encourage illegal activity;
184.108.40.206 Do NOT make any comments which may prejudice ongoing civil or criminal proceedings, violate the sub judice rule or may otherwise amount to a contempt of court;
220.127.116.11 Do NOT make any comment which falsely claims to be sponsored or endorsed by Practice Ally Limited;
18.104.22.168 Do NOT make any comments about any individual or organisation which are defamatory, invasive of privacy, abusive, harassing, threatening, profane, violent, sexually explicit, or which otherwise violates the rights of any individual or organisation, or which could be perceived as such. Any such material may be removed without notification;
22.214.171.124 Do NOT post personal information or make derogatory remarks about commenters or any other individuals or organisations. Any such material may be removed without notification;
126.96.36.199 Do NOT use comments to promote commercial products or services. However, we welcome the use of links to relevant sites;
188.8.131.52 Do NOT make any comments which infringe the copyright, patent, trademark, trade secret, database right, right of privacy or publicity or other proprietary right of any party;
184.108.40.206 Do NOT make any comments which include any spam, unauthorised advertising or any other form of commercial publicity;
220.127.116.11 Do NOT make any comments which could be perceived as a rant, any comments that are irrelevant, repetitive, or impose an unreasonable or disproportionately large load the site servers, bandwidth or infrastructure;
18.104.22.168 Do NOT make any comments which contain any virus, Trojan horse, worm or similar harmful material.
8.3.4 Recognising the global nature of the Internet, you agree to comply with all applicable laws which may apply to you, including but not limited to those regarding acceptable content and online conduct.
8.3.5 You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
8.4 OWNERSHIP AND USAGE OF THE INTERACTIVE CONTENT POSTED BY YOU
8.4.1 You own all of the Material you post on our Website and we do not claim ownership of that Material. However, we need your permission to be able to display that Material and in some cases to modify it for best display – for different browsers, for our mobile site, and so on.
8.4.2 By posting any Material on or through our website, you grant us a limited licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Material.
8.4.3 The licence you grant to us is non-exclusive, royalty-free and fully paid, sub-licensable, and worldwide. This licence applies only to use of the Material for the purpose of providing the Practice Ally Limited services.
8.4.4 You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Material posted by you to or through our Website.
8.4.5 From time to time we may seek to use users' Material for the purpose of advertising or marketing our website and services. However we will not use your Material for this purpose without your prior express written permission.
8.4.6 You are responsible for making sure that you have all rights to what you post, including the rights necessary for you to grant the foregoing licences to same.
8.5 SUPERVISION OF THE INTERACTIVE SERVICES
8.5.1 We do not moderate comments before they are published, nor do we routinely edit comments after they have been published. Nevertheless we reserve the right at our sole discretion to take down, edit or otherwise amend any comment(s) made or any material(s) posted that are brought to our attention, either by way of a complaint, or otherwise.
8.5.2 In order to ensure that threads and conversations are not disrupted, we do not generally remove Material which is uploaded to us. Consequently, you agree that your Material displayed on our Website may continue to appear on our Website, even after you have terminated your user privileges or have had your user privileges terminated by Practice Ally Limited.
22.214.171.124 We do understand that you may wish to remove certain types of original creative Material (such as your photographs, drawings, videos, short stories, architectural plans, poetry and the like) from time to time.
126.96.36.199 If for any reason you decide that you no longer wish to have your original creative Material displayed on our website then we will delete it provided that this does not have a significant negative impact on the structure of the thread it features in. For example, we will not delete a work put up for constructive criticism as to do so would make the posts which respond meaningless.
188.8.131.52 To have original creative Material deleted, please contact us with a direct link to the relevant item and your request. We will delete it within 10 working days of your request, as far as reasonably possible.
184.108.40.206 Please note that deletion of original creative Material applies only to Material you have uploaded to us. If you have posted a link on our Website to Material hosted elsewhere (such as Flickr or YouTube) then as we are not the hosts you will have to contact that other site to have that Material deleted.
8.5.3 You understand that by using our Website you may be exposed to Third Party Content that is offensive, indecent or objectionable. Because community standards vary and individuals sometimes choose not to comply with our policies, in the process of using our Website, you may be exposed to content that you find offensive or objectionable. You may report such content to us for our review by using the "Report Post" link provided.
8.5.4 You agree that we are not responsible for any such Third Party Content and that this is the sole responsibility of the person from which such Third Party Content originated, and we have no obligation to monitor such Third Party Content.
8.5.5 Notwithstanding the foregoing, we reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind.
8.5.6 We cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, you must not post it on our Website. We are not responsible for a user's misuse or misappropriation of any content or information you post on our Website.
8.5.7 This Content Policy and our Terms of Service, including our proprietary rights, disclaimer of warranties, indemnities, limitations of liability, choice of law and choice of forum, and miscellaneous provisions shall survive any termination of your user privileges.
8.6 TERMINATION OF ACCESS TO INTERACTIVE CONTENT
8.6.1 While we do not and cannot review every comment, we reserve the right to remove any we deem unacceptable without notification. We reserve the right to block at our discretion users who are in breach of this Content Policy or our Terms of Service.
8.6.2 We may at our absolute discretion refuse you access to our website and/or cancel/terminate your user privileges without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your user privileges.
8.6.3 We may, but are not obliged to, remove or limit access to Material from any user which breaches this Content Policy or our Terms of Service.
8.6.4 Without limiting the foregoing, the following will lead to a suspension of your privileges on our Website:
220.127.116.11 Breaches or violations of these Terms of Service or other Practice Ally Limited guidelines,
18.104.22.168 Requests by law enforcement and/or other government agencies,
22.214.171.124 Unexpected technical issues or problems,
126.96.36.199 Extended periods of inactivity.
8.6.5 Failure to adhere to any of this Content Policy or our Terms of Service may result in deletions of posts, suspension of posting privileges, and/or complete banning.
8.6.6 We will not enter into any discussion with users about comments which have been removed or a decision made by us to block a user.
9. AGE AND RESPONSIBILITY
9.1 Our Website may only be used by individuals who are of the requisite legal capacity to be bound by these Terms of Service. Each time you access our Website you are representing to Practice Ally Limited that you are at least 18 years of age.
10. PRIVACY AND DATA PROTECTION
10.3 You may from time-to time receive information from our partners and/or carefully selected third parties via emails that we may send. You can opt out of this informational service at any stage and still remain a registered member of our Website.
10.4 Our website is hosted by Wix. Further information on your data privacy rights are available on the internet website of the Irish Data Protection Commissioner at http://www.dataprotection.ie.
10.5 Practice Ally Limited holds data in accordance with the provisions of GDPR and the Data Protection Act 2018, and will adhere to any other relevant future legislation in this area. Under this legislation, you the user can obtain a copy of all information which Practice Ally Limited has on its database in relation to use. Members wishing to obtain such information should contact us in writing at the following email address: firstname.lastname@example.org.
10.6 Our Website contains links to other external websites. We are not responsible for the privacy practices or the content of such external websites, and we do not make any warranties in this regard, either express or implied.
10.7 Information sent over the internet cannot be guaranteed to be completely secure as it is subject to possible interception, or loss, or possible alteration. You understand and agree to assume the security risk for any and all information you provide using the Website, including but not limited to information relating to any financial transaction that may be conducted between you and us in the course of our business or any electronic patient referral initiated by you. Please notify us immediately of any compromise or unauthorised use of your account.
10.8 We are not responsible for any information sent over the internet and we will not be liable to you or any other party for any loss or damage, howsoever caused, or any other loss whatsoever, incurred in connection with any information sent by you to us, or to any third party, or any information sent by us, or by any third party to you, either through the medium of our Website, or otherwise over the internet.
11.1 Whilst we will make reasonable attempts to inform you, provided that we deem it to be in our mutual interest to do so, we may at any time, without notice to you, suspend or terminate your access to our Website, or any service forming part of our Website, wholly or partially, for any reason including, but without limitation, where you have provided false or misleading information to us, or you are in breach of our Terms of Service, or if we cannot verify or authenticate any information submitted by you, or purported to have been submitted by you or on your behalf, to our Website.
11.2 We shall not be liable to you or any third party for any suspension or termination of access to our Website, which includes any resulting damage that may allegedly arise to you, your employees or your agents, howsoever caused.
12. USE OF OUR WEBSITE
12.1 You agree not to use this Website or any of the facilities and/or services provided by us for any purpose that is fraudulent, unlawful or prohibited by these Terms of Service, or otherwise in accordance with law. In particular, you agree NOT to use our Website to:
12.1.1 post illegal Material;
12.1.2 defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
12.1.3 identify or speculate as to the identity of any anonymous or pseudonymous user;
12.1.4 solicit personal information from anyone under 18;
12.1.5 solicit passwords or personally identifying information for commercial or unlawful purposes;
12.1.6 collect or store other users' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other users;
12.1.7 attempt to gain unauthorised access to our Website administrative areas or interface, to user accounts, computer systems or networks connected to our Website, through password mining or any other means;
12.1.8 post irrelevant Material, repeatedly post the same or similar Material or otherwise impose an unreasonable or disproportionately large load on our servers or infrastructure;
12.1.9 post any unsolicited or unauthorised advertising, promotional content, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of commercial publicity;
12.1.10 post any abusive, harmful, vulgar, obscene, sexually explicit, indecent, profane, inappropriate, or racially, ethnically or otherwise objectionable Material;
12.1.11 post Material that contains violence, or offensive subject matter or contains a link to an adult website;
12.1.12 post Material that promotes or encourages illegal activity;
12.1.13 post Material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party;
12.1.14 post Material that falsely expresses or implies that such Material is sponsored or endorsed by Us;
12.1.15 post Material that contains software viruses or harmful programmes including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
12.1.16 modify, adapt, translate, or reverse engineer any portion of our Website, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of our Website, except as expressly authorised in writing by PracticeAlly.ie;
12.1.17 reformat or frame any portion of the web pages that are part of our Website.
12.2 The information contained on our Website may contain technical inaccuracies and typographical errors. We will endeavour to remedy such errors where they are brought to our attention, but to maximum extent permitted by law, we shall not accept any responsibility or any liability for our failure to do so.
12.3 The information on our Website may be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date nor any liability for our failure to do so.
12.4 We reserve the right, at our sole discretion, to pursue all of our legal remedies upon breach by you of these Terms of Service, including but not limited to removal of your postings and content from our Website, and restricting or otherwise suspending your ability to access to our Website and to use any or all of its constituent services.
13. COPYRIGHT NOTICE AND LIMITED LICENCE
13.1 The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, get-up, business names, domain names, rights in good will, know-how, designs and rights in designs, trade names and logos (whether registered or unregistered) contained on our Website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws and are also protected under national laws and international treaties. Practice Ally Limited and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. All proprietary content on our website is the copyright of Practice Ally Limited, Hollybrook, Seabank, Arklow, Co. Wicklow, Y14 WY05, or third parties.
13.2 Any other use of the information on our Website, including any form of copying or reproduction, modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other Materials or works or re-delivery using framing technology, without our prior permission is strictly prohibited and is a violation of the proprietary rights of Practice Ally Limited. Other than as expressly provided herein, nothing in these Terms of Service should be construed as conferring, by implication or otherwise, any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of Practice Ally Limited, its licensors or any third party.
13.3 You agree to grant Practice Ally Limited a non-exclusive, royalty free, world-wide, transferable perpetual licence with the right to sub-licence, reproduce, distribute, transmit, create derivative works of, or publicly display any or all content or information (including without limitation, any or all ideas contained therein for new or improved services) when you submit information or any other content to our Website either during the registration process or to us, by whatever means, thereafter.
14.1 THE WEBSITE IS AVAILABLE TO ALL USERS "AS IS" AND, TO THE GREATEST EXTENT PERMITTED BY LAW, THE WEBSITE IS MADE AVAILABLE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
14.2 PRACTICE ALLY LIMITED MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE SERVICES OR INFORMATION AVAILABLE ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
14.3 ALL INFORMATION PROVIDED ON OUR WEBSITE IS INTENDED AS A GUIDE ONLY AND SHOULD NOT BE CONSTRUED AS A SUBSTITUTE FOR PROFESSIONAL/LEGAL/FINANCIAL ADVICE AND NEITHER PRACTICE ALLY LIMITED, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS AS TO THE ACCURACY OF ANY INFORMATION PROVIDED ON OUR WEBSITE.
14.4 PRACTICE ALLY LIMITED MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT OUR WEBSITE, OR THE SERVER(S) UPON WHICH IT IS HOSTED, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRACTICE ALLY LIMITED ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF PRACTICE ALLY LIMITED, WHICH CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF OUR WEBSITE.
14.5 ALL USE BY YOU OF OUR WEBSITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM YOUR DOWNLOADING ,OR USING OF, OR REFERRING TO, OR RELYING ON, THE FACILITIES, SERVICE(S) OR INFORMATION PROVIDED ON OUR WEBSITE, OR ANY OTHER INFORMATION OBTAINED BY YOU THROUGH YOUR USE OF OUR WEBSITE. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRACTICE ALLY LIMITED AND ALL CONNECTED PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES AND INFRASTRUCTURE TO PRACTICE ALLY LIMITED WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.
14.6 NO ORAL ADVICE OR WRITTEN INFORMATION, GIVEN BY PRACTICE ALLY LIMITED, ITS OFFICERS, AGENTS, DIRECTORS, EMPLOYEES OR AGENTS, OR THE LIKE, SHALL CREATE A WARRANTY, NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
14.6 TO THE FULLEST EXTENT PERMITTED BY LAW, PRACTICE ALLY LIMITED ASSUMES NO RESPONSIBILITY, NOR DO WE GRANT ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE OPERATION, SAFETY, CONDITION OR SERVICE OF ANY MEDICAL PROFESSIONAL, HEALTHCARE PROFESSIONAL, THIRD PARTY, OR ANY OTHER PERSON ASSOCIATED WITH SAME THAT IS USED BY, FOR, OR ON BEHALF OF, YOU. PRACTICE ALLY LIMITED IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY MEDICAL PROFESSIONAL, HEALTHCARE PROFESSIONAL, THIRD PARTY OR PERSONS ASSOCIATED WITH SAME, WHOSE PERSONAL INFORMATION OR CONTACT DETAILS YOU OBTAINED FROM OUR WEBSITE, OR FOR ANY LOSS, DAMAGES OR EXPENSES RESULTING THEREFROM.
14.7 PRACTICE ALLY LIMITED CANNOT GUARANTEE, AND DOES NOT PROMISE, ANY SPECIFIC RESULTS FROM THE USE BY YOU OF OUR WEBSITE.
14.8 PART OF OUR WEBSITE MAY CONTAIN THIRD-PARTY ADVERTISING. ADVERTISERS ARE RESPONSIBLE FOR ENSURING THAT MATERIAL SUBMITTED FOR INCLUSION ON OUR WEBSITE COMPLIES WITH ALL RELEVANT IRISH, EUROPEAN AND INTERNATIONAL LAWS AND ALL RELEVANT IRISH, EUROPEAN AND INTERNATIONAL INDUSTRY CODES OF PRACTICE AND INDUSTRY OR VOLUNTARY CODES OF CONDUCT, WHERE APPROPRIATE. PRACTICE ALLY LIMITED TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE HOSTED ON OUR WEBSITE OR MADE AVAILABLE TO YOU THROUGH ANY PRACTICE ALLY-RELATED SERVICE, NOR DO WE TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES OFFERED BY SUCH THIRD PARTY ADVERTISERS. PRACTICE ALLY LIMITED WILL NOT BE RESPONSIBLE FOR ANY ERROR OR INACCURACY IN ADVERTISING MATERIALS, NOR WILL IT BE LIABLE FOR ANY BREACH OF IRISH, EUROPEAN OR OTHER INTERNATIONAL LAWS, NOR ANY IRISH, EUROPEAN OR OTHER INTERNATIONAL INDUSTRY CODES OF PRACTICE OR VOLUNTARY CODE OF CONDUCT BY THIRD PARTY ADVERTISERS IN RELATION TO THE CONTENT OF ANY OF THEIR ADVERTISEMENTS WHICH MAY FROM TIME TO TIME APPEAR ON OUR WEBSITE.
15. LIMITATION OF LIABILITY
15.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PRACTICE ALLY LIMITED NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF ANY FACILITIES OR SERVICES WHICH WE OFFER ON OUR, OR ANY TRANSACTIONS ENTERED INTO, THROUGH OR FROM OUT WEBSITE, INCLUDING FOR THE AVOIDANCE OF DOUBT, YOUR TRANSACTIONS WITH ANY MEDICAL PROFESSIONAL, HEALTHCARE PROFESSIONAL OR THIRD PARTY FACILITATED THROUGH OUR WEBSITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, LOSS OF INCOME, PROFIT OR OPPORTUNITY, LOSS OF, OR DAMAGE TO, PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF PRACTICE ALLY LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.
15.2 IN NO EVENT SHALL PRACTICE ALLY LIMITED NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY MEDICAL PROFESSIONAL, HEALTHCARE PROFESSIONAL OR THIRD PARTY OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
15.3 WITHOUT LIMITATION TO THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL PRACTICE ALLY LIMITED NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF OUR WEBSITE OR THE FACILITIES OR SERVICES THAT WE OFFER ON OUR WEBSITE, RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURE, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LAY-WAY DISPUTES, RIOTS, INTERACTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOATS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR THE NON-PERFORMANCE OF A THIRD PARTY.
15.4 PRACTICE ALLY LIMITED DOES NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AUTHORISED REPRESENTATIVES OR FOR FRAUD.
16.1 You agree to defend, indemnify and keep indemnified and hold Practice Ally Limited and (as applicable) its officers, directors, employees, agents or other representatives, harmless against any and all claims, proceedings, actions, costs (including legal costs), charges, expenses, damages, liability, losses and demands made by, or liabilities to, any third party, resulting from any activities conducted under your account and/or your email/username and/or password, resulting in the use or misuse of our Website, including but not limited to posting content on our Website, entering into transactions with Medical Practitioners, Healthcare Professionals and/ or Third Parties, infringing any third party intellectual property or other rights, or otherwise arising out of your breach or any breach of these Terms of Service.
17. LINKS TO THIRD PARTY WEBSITES
17.1 Our Website contains links to third party websites. Your use of third party websites is subject to the independent terms and conditions of use contained within each of those websites. Access to any other external websites through our Website is at your own risk.
17.2 Practice Ally Limited is not responsible or liable for the accuracy of any information, data, opinions or statements made on third party websites, or the security of any link or communication with those websites. Practice Ally Limited reserves the right to terminate a link to a third party website at any time.
17.3 The fact that Practice Ally Limited provides a link to a third party website does not mean that Practice Ally Limited endorses, authorises or sponsors that website, nor does it mean that Practice Ally Limited is affiliated with any third party websites, owners or sponsors. Practice Ally Limited provides these links merely as a convenience for those who use our Website.
18. REFUND POLICY
18.1 You may choose to avail of paid services offered by Practice Ally Limited through our Website at your own discretion. By entering into a contract with us for the provision of a service for valuable consideration, you agree to also be bound by the Terms of Service set forth herein. At the time of entering into a contract with us for the provision of a service for valuable consideration, you shall be informed of the duration of the service being made available to you.
18.2 No contract will subsist between you and Practice Ally Limited for a sale to you of any service, unless and until Practice Ally Limited accepts your order by confirming that your payment has been received by us or our agents. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Practice Ally Limited sends the e-mail to you (whether or not you receive that e-mail).
18.3 Practice Ally Limited does not issue refunds for any paid services, nor does it offer a refund with respect to any of these services. If you have any query in relation to this, you agree to submit such query in writing to Practice Ally Limited. Submission of such a query does not imply any direct action be taken by Practice Ally Limited with respect to such query or queries, but Practice Ally Limited will endeavour to respond in a timely fashion. Failure to provide timely payment for any paid service offered by Practice Ally Limited may result in our terminating such service, without notice, and entirely at our own discretion.
18.4 Notwithstanding any of the other sub-paragraphs contained in this section, your statutory rights are not affected.
19.1 Although Practice Ally Limited endeavours to ensure that our Website is available at all times, there may be occasions when access to our Website may be interrupted, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to the failure of telecommunications links and equipment that are beyond our control. You agree that Practice Ally Limited shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of our Website.
19.2 You accept that you have sole responsibility for adequate protection and back up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive items.
20. JURISDICTION AND GOVERNING LAW
20.1 This Website is controlled and operated by Practice Ally Limited and its service provider(s) from Ireland. Practice Ally Limited does not make any representation that the facilities, services and information contained thereon, including but not limited to the availability of advertising material relating to third party products or services, offered through our Website is appropriate or suitable for use in any country other than Ireland, or that such information complies with any legal or regulatory requirements in any jurisdiction other than Ireland. In accessing our Website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent that any local laws are applicable.
20.2 If it is prohibited to make our Website, facilities, services or information offered through our Website, including but not limited to the availability of advertising material relating to third party products and or services, or any part of them available to you in your country of access, (whether by reason of nationality, residence, law or otherwise), this Website, the facilities, services and/or information and/or advertising material relating to third party products and or services offered through our Website, or any part of them, are hereby regarded at not directed at you.
20.3 These Terms of Service shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of Practice Ally Limited, and without prejudice to the right of Practice Ally Limited to take proceedings in relation to these Terms of Service before any court of competent jurisdiction, that the courts of the Republic of Ireland shall have exclusive jurisdiction to hear and determine any actions or proceedings that may arise out of, or in connection with, these Terms of Service. You also hereby agree that for such purposes you irrevocably submit to the jurisdiction of the courts of the Republic of Ireland.
20.4 The language of any dispute resolution procedure or any proceedings under these Terms of Service will be English.
21. PREMIUM MEMBERSHIP
21.1 SUBSCRIPTION TERM
21.1.1 The term of this clause will commence on the Effective Date and continue for the Subscription Term, and thereafter shall automatically renew for successive terms equal to the length of the initial Subscription Term (each a “Renewal Term”), unless notice of non-renewal is given by either party no less than thirty (30) days before expiration of the initial Subscription Term or any Renewal Term then in effect. Customer will be deemed to have accepted GP Practice Ally's then current charges for each Renewal Term unless Customer gives notice to GP Practice Ally of its rejection of any increase in charges no later than fourteen (14) days after Customer receives notice thereof. If Customer rejects any increase in charges, this Agreement shall terminate on the date that is thirty (30) days after Customer gives notice to GP Practice Ally of its rejection of such increase and during such period prior to termination the previous charges will apply. Upon expiration or termination of the Services or this Agreement, Customer’s right to use the Services immediately ceases.
21.2 FEES AND BILLING
21.2.1 Customer will pay GP Practice Ally all charges set out on the Invoice. All such charges are exclusive of taxes, charges or levies now in force or enacted in the future, all of which Customer will be responsible for and will pay in full. GP Practice Ally shall issue invoices on an annual or monthly basis in advance. All payments shall be made in Euro, are due upon receipt of the invoice and if not paid within fourteen (14) days of receipt of such invoice (i) will accrue interest at a rate of 8% per annum, or the highest rate allowed by applicable law; and / or (ii) will entitle Supplier to discontinue the Services without further notice.
21.2.2 GP Practice Ally reserves the right to make changes to all Subscription rates, including recurring Subscription fees, and will communicate any price changes to Customer in advance. Price changes will take effect at the start of the next Renewal Term following the date of the price change and, by continuing to use the GP Practice Ally Service after the price change takes effect, Customer will have accepted the new price.
21.2.3 By purchasing Premium Membership:
You accept that we will bill your debit/credit card or take payment via direct debit for the Subscription fee on the anniversary of your Annual Subscription or Monthly Subscription date.
You accept all reoccurring charges prior to cancellation.
You accept our Terms of Service.
21.2.4 You authorise us to charge your debit/credit card or bank account via direct debit for all fees payable during the Subscription Term. You further authorise us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
21.2.5 If an automatic payment is declined or returned, GP Practice Ally reserves the right to suspend your account and access to all services.
21.3 CANCELLATION POLICY FOR AUTOMATIC RENEWALS
21.3.1 When cancelling a Premium Subscription, future charges associated with future Terms of your subscription will be cancelled. You may notify us of your intent to cancel up to thirty (30) days in advance of the Renewal Term date by emailing us at email@example.com; your cancellation will become effective at the end of your current Subscription Term. You will not receive a refund, prorated or otherwise, for the remainder of the Subscription Term. However, your subscription access and accompanying subscriber benefits will continue for the remainder of the current Subscription Term.
21.4 PREMIUM SUBSCRIPTION ACCESS, USE AND REQUIREMENTS
21.4.1 The use of your Premium Subscription is limited to the named Customer and the nominated additional member within your practice. You may access and use, download and/or print out copies of materials or information, for non-commercial use only, whether said materials or information are available on the Site or received from GP Practice Ally in any other way. Modification of the materials or use of the materials for any other purpose is strictly prohibited.
21.4.2 As a Premium Subscriber and member, you agree to provide, maintain and update complete and accurate information about yourself. You agree that you will not 1) use the Site in any way that will violate any international, national, state or local law or regulation 2) transfer or resell your use of or access to our Site to a third party or permit anyone else to use the Site through your subscription, email link, User I.D. or password or 3) Sell, reproduce, republish, broadcast, circulate, upload, transmit, post or distribute materials from the Site in any manner, without prior written consent from GP Practice Ally. You are solely responsible for protecting the confidentiality of your password and User I.D.. You acknowledge that you do not acquire any ownership rights by your use of the Site or by becoming a subscriber or member.
22.1 Any waiver of any provision of these Terms of Service must be in writing and signed by an authorised officer of Practice Ally Limited to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future.
22.2 Each of the provisions of these Terms of Service is separate and severable and enforceable accordingly, and if at any time any provision is judged by any court of competent jurisdiction to be void or unenforceable the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
22.3 Nothing in these Terms of Service shall constitute, or be deemed to constitute, a partnership between you and Practice Ally Limited or its agents, nor shall either party be deemed to be the agent of the other party.
22.4 These Terms of Service represent the entire understanding and agreement between you and Practice Ally Limited relating to your use of our Website, its facilities services and information available thereon and supersede any and all prior statements, understandings and agreements.
23. CONTACTING US
23.1 If you have any questions about these Terms of Service, please feel free to contact us through our firstname.lastname@example.org email address or write to us at:
Practice Ally Limited, Hollybrook, Seabank, Arklow, Co. Wicklow, Y14 WY05
Updated Date: 15/03/2023