MEDiVision Systemts Ltd
Terms and Conditions of Business as of 1st June 2019

General Information About Us

Our Name

MEDiVision Systems Limited

Our Address

New Vision House
22 Towcester Road
Old Stratford
MK19 6AQ

Contact Details

Tel: +44 (0)1908 265565
Fax: +44 (0)1908 265575
EMail: info@medivision.co.uk
Website: www.medivision.co.uk

Registers

We are a limited company registered in England and Wales under company registration number 3301506 at the following address:
31 High Street, Winslow, Bucks, MK18 3HE
VAT Registration No. 690 0615 46

Product Information and Pricing

We provide a range of literature and a price list. Information is also available on our website. Whilst we take great care to ensure that this information is complete and accurate, on occasions errors may occur and we do not accept liability for information which proves to be inaccurate. Should you discover an error, please inform us and we will endeavour to correct the information as soon as practicable.

Note that this variable information is known as an "invitation to treat" and not a contractual offer from us which you may accept. This means we reserve the right to correct any errors in that information without any liability to you. It also means that in no circumstances will we be contractually bound to supply you with Products or Services on the basis of any incorrect information, even if that information is repeated in your Order.

The price of the Products and Services will be calculated in pounds sterling (or such other currency as we may accept at our absolute discretion) and will be shown on our invoice.

The prices in our literature and on our Website are exclusive of Value Added Tax ("VAT"). Your invoice will show VAT both as a separate item and as included in the total price.

Subject to our obligation to supply the Products and Services at the price stated in our literature and on our website, we reserve the right at any time to increase the list prices of the Products and Services and to change the range of Products and Services available.

How to Purchase

You can place an order online, by telephone to our sales office, by eMail, or by completing a paper order form and either faxing or mailing it to us.

You may pay by direct debit, credit or debit card, by cheque with order or ask us to send you an invoice. If you choose to pay by credit or debit card, we will check to see whether the transaction is authorised before we dispatch the goods

Payment Terms

If you choose to pay on invoice, our terms are payment by return unless otherwise stated.

Product Licence Agreement

Each licence covers the use of the product as below:
CiC (and derivatives) - one licence required per computer
CiC Online - one licence required per concurrent user
PiC (and derivatives) - one licence required per computer
PiCBox - one licence required per display device
WebPak – one licence required per computer
WebPak Online - one licence required per unique website URL
Patient survey / FFT – one licence required per practice ID

For locally installed products, when loaded for the first time it will ask for an ‘unlock code’. This code can be obtained by calling the MEDiVision office on the number above. The product can be loaded into other computers, but additional unlock codes and licences will be required.

If an ‘upgrade’ is purchased, the licence covers it for use in the computer where the previous version was in use. The previous version will be overwritten. Unlock codes may be required depending on the previous version being upgraded.

For subscription products, an active subscription includes all updates.

Returns Policy

Our software products are protected by copyright and a licence agreement. Once an activation code is given returns can only be processed at the absolute discretion of MEDiVision.

Intellectual Property Rights

You acknowledge that the copyright and any other intellectual property rights in the products and/or services remain with us or our licensors, and may not be used by you for any purpose other than your lawful use and in accordance with the licence agreement.

If a third party successfully claims that our products or our services infringe their intellectual property rights, we will be entitled to replace the products (or the part in question), re-supply the services free of charge or, at our discretion, refund to you the price of the products (or a proportionate part of the price) or the services, but we are not accountable to you in any other way. In particular, we will not be responsible for any defects or intellectual property rights claims arising from your customisation of the products or services or your other instructions.

Indemnity

You agree to indemnify us and hold us, our employees, affiliates, agents, business partners and employees harmless from any claim or demand, including reasonable legal fees, made by a third party arising out of your breach of these terms and conditions.

PiCBox orders may including the purchase of an Android TV box. Ownership of this box is transferred to the licence holder and the warranty is the responsibility of the box manufacturer, not MEDiVision.

You may not vary these Conditions unless an authorised representative of ours agrees in writing.

We may update or change these Conditions from time to time without notice and the date of the most current version is that set out at the top of these Conditions.

Use of MEDiVision software products and solutions is subject to the terms of the MEDiVision Licence Agreement which follows.

MEDiVision - Licence Agreement

LICENCE - Under copyright law MEDiVision grants you, the entity or individual whose details appear on the licence for this software, a non-exclusive, non-transferable licence to use the Software and accompanying documentation according to the terms herein.

The licence agreement permits use the software by the user and their agents. MEDiVision software may not be re-sold, given, rented, leased, sub-licenced or loaned to any other person or business.

You may not:
a. Modify, or adapt the Software or the Documentation, nor create derivative works based on the Software.
b. Remove, alter or obscure any MEDiVision notices, labels or marks on the Software Documentation.
c. Reverse-engineer, decompile or disassemble the Software.
d. Copy the Software or the Documentation, except as permitted by this agreement.
e. Reproduce any part of the software or documentation in electronic form for commercial purposes.

Ownership of and copyright in the Software or the Documentation and any copy made by you remain the property of MEDiVision. Unauthorised copying of the Software, the Documentation or failure to comply with the terms of this Agreement will result in the automatic termination of this licence, and MEDiVision will be entitled to pursue all available legal rights and remedies.

For any PiCBox licence, MEDiVision reserves the right to control content that is displayed within the advertising container. This may include the commercial rental of this space to third parties for advertising purposes.

CONSENT TO USE OF DATA - You agree that MEDiVision and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the MEDiVision Software and to verify compliance with the terms of this Licence. MEDiVision may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

LIMITED WARRANTY - MEDiVision warrants that for thirty (30) days from the date of delivery to you as evidenced by the invoice for the software, the media on which the software is furnished will under normal use be free from defects in materials and workmanship. MEDiVision's entire liability and your exclusive remedy under this warranty (which is subject to your returning the software to MEDiVision) will be, at MEDiVision's option, to attempt to correct or work around errors, to replace the Software or media with functionally equivalent software or media, as applicable, or to refund the purchase price and terminate this agreement. Correction by you of any error does not give you any additional rights to the software.

LIMITATIONS OF LIABILITY - Except for the above express warranty. MEDiVision makes and you receive no warranties, conditions, terms or representation, express, implied, statutory or otherwise and MEDiVision specifically disclaims any implied term of merchantability or fitness for a particular purpose. MEDiVision does not warrant that the use of the software will be uninterrupted and trouble free. In no event will MEDiVision be liable for any loss or damage of any kind whatsoever, including without limitation loss or corruption of data, lost profits, cost of cover or other special, incidental, consequential or indirect damages arising out of the use or inability to use this Software program or accompanying documentation, however caused and whether arising under contract, negligence or otherwise. This limitation will apply even if MEDiVision has been advised of the possibility of such damage.

TERMINATION - This licence shall terminate without further notices or action by MEDiVision if you, the licensee become bankrupt, suffer or make any winding-up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer to take any similar action in consequence of debt. Upon termination of this agreement for any reason you shall immediately cease all use of the Software and destroy or return to MEDiVision all copies thereof and within thirty (30) days of termination certify in writing to MEDiVision that you have done so.

GENERAL - This Agreement will be governed by the laws of England. All disputes will be decided by the courts of England.