Acceptable Use Policy
What's in these terms?
This Acceptable Use Policy applies to Surgery Hero's (a) websites and app’s (including without limitation www.surgeryhero.com and any successor URLS, mobile or localised versions and related domains and subdomains) and (b) communications, coaching, monitoring and reporting products and services ((a) and (b) collectively, “Services”). To keep the Services running safely and smoothly, we need our users to agree not to misuse them.
Who we are and how to contact us
www.surgeryhero.com is a site operated by Surgery Hero Limited ("We"). We are registered in England and Wales under company number 12607401 and have our registered office at 15 Queen Square, Leeds, England, LS2 8AJ. To contact us, please email email@example.com
By using our site you accept these terms
By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.
If you do not agree to these terms, you must not use our site, apps or services.
We may make changes to the terms of this policy
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
From time to time updates to the App may be issued through the Appstore, depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
You will be assumed to be the owner of any mobile telephone or handheld device used or have obtained permission from the owners of any mobile telephone or handheld devices that are controlled, but not owned, by you to download or stream a copy of the App and to use the Service. You accept responsibility in accordance with the terms of this acceptable use policy for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, intimidate or humiliate any person.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site, apps or services
- Not to probe, scan, or test the vulnerability of any system or network used with the Services
- Not to tamper with, reverse engineer or hack the Services, circumvent any security or authentication measures of the Services or attempt to gain unauthorised access to the Services (or any portion thereof) or related systems, networks or data;
- Not to overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on the Services that consume extraordinary resources, such as by: (i) using “robots,” “spiders,” “offline readers” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser; or (ii) going far beyond the use parameters for any given Service as described in its corresponding documentation;
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site, apps or services;
- any equipment or network on which our site, apps or services is stored;
- any software used in the provision of our site, apps or services;
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site or apps including, without limitation:
- Chat rooms.
- Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
Surgery Hero will determine, in its discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Bully, insult, intimidate or humiliate.
- Promote sexually explicit material.
- Include child sexual abuse material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from Surgery Hero, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
Breach of this policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site, apps or services.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to our site, apps or services.
- Issue of a warning to you.
- Legal proceedings against you 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 against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Disclaimer of Warranties and Liabilities
You acknowledge that the Site, App and services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
We only supply the site, app and services for domestic and private use, and, for healthcare professionals only, in connection with the business of the provision of care. You agree not to use the App for any other commercial, business or resale purposes, and we have no liability to you for any: (i) loss of profit, sales, business, revenue or anticipated savings; (ii) business interruption; (iii) loss of business opportunity, goodwill or reputation; (iv) loss or corruption of data or information; or (v) any indirect or consequential loss or damage.
We are not responsible for any unforeseeable loss or damage.
The App is intended as an aid to care, but the App and the Services, including without limitation the Technology and any sensor forming part of it, are provided "as is" and we provide no warranty, guarantee or undertaking (express or implied, statutory or otherwise) including but not limited to warranties as to the availability of the App or as to its fitness for a particular purpose; reliance should not therefore be placed on it and in particular on the sensor forming part of it, connectivity, software and hardware resilience or other circumstances. No liability can be accepted for any failure of the App to detect a specific occurrence or to give notification of a particular occurrence. You acknowledge and agree that no medical advice, medical service, medical information or other medical engagement is provided through the App or otherwise by us or by anyone on our behalf, and that you are installing and (if applicable) using the App at your own risk, without any reliance, assumption, expectation, or intent whatsoever that the App or we shall provide you any medical advice, medical service, medical information or other medical engagement.
We will not be liable for any loss nor will you be entitled to reimbursement if the services provided through the Site, App or services are discontinued.
Our maximum aggregate liability under or in connection with this policy (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the sum of £50. Nothing in this Acceptable Use Policy shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; and (c) any other liability that cannot be excluded or limited by law.
Which country's laws apply to any disputes?
If you are a consumer, please note that the terms of this policy, its subject matter and its 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, the terms of this policy, its subject matter and its 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.