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Terms of use

TERMS OF USE

Last updated 22 February 2022

TABLE OF CONTENTS
1. DEFINITION
2. AGREEMENT TO TERMS
3. INTELLECTUAL PROPERTY RIGHTS
4. USER REPRESENTATIONS
5. PROHIBITED ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. SUBMISSIONS
9. SITE MANAGEMENT
10. TERM AND TERMINATION
11. MODIFICATIONS AND INTERRUPTONS
12. GOVERNIING LAW
13. CORRECTIONS
14. DISCLAIMER
15. LIMTATIONS OF LABILITY
16. INDEMNIFICATION
17. USER DATA
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
19. MISCELLANEOUS
20. CONTACT US

 

Revision highlights

Copyright © Abery LTD and eDoc360
Unauthorized reproduction, distribution, transmission, modification, or display of this document is
prohibited.

 

1. DEFINITION
In the Terms and Conditions, unless the context otherwise require or permits:-
“Customer” means the person, company or other legal entity to which the Invoice is addressed.
“Invoice” means the invoice(s) issued in association with the Services and the Terms and Conditions
“Parties” means the Customer and eDoc360 and “Party” shall be construed accordingly.
“Price” means the price payable by the Customer to eDoc360 as set out in the Invoice.
“Service” refers to a single application provided through the Internet with pre-defined functionality and
subscription terms to a limited group of Users who are authorized to have access to the Service.
“Services” refers to all contracted Services and any contracted additional software provided to any
User in accordance with this Agreement and that have the characteristics and properties described on
the Website at any given time.
“Content” refers to all visual, written or auditory data, information or material, such as documents,
applications, text messages, media files, form data, web pages and similar materials uploaded to,
transferred through, publicly posted or entered into the Services by the User.
“Website” refers to the eDoc360 website www.edoc360.com or any of its subsidiary websites. 

 

Words importing any gender include every gender, words importing the singular include the plural and
vice versa, and words importing persons include firms, companies and corporations and vice versa.
The headings in these terms and conditions are not to affect the interpretation.
Where the word ‘including’ is used in these terms and conditions, it shall be understood as meaning
‘including without limitation’.

 

2. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Abery LTD and eDoc360 (“Company”, “we”,
“us”, or “our”), concerning your access to and use of the website as well as any other media
form, media channel, mobile website or mobile application related linked, or otherwise
connected there to (collectively the “Site). You agree that by accessing the Site, you have
read. understood, and agreed to be bound by all of these Terms of Use.

 

 IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY

 

Supplemental terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use at any time and for any
reason. We will alert you about any changes by updating the “Last updated date of these
Terms of Use and you waive any right to receive specific notice of each such change. Please
ensure that you check the applicable Terms every time you use our Site so that you
understand which Terms apply. You will be subject to and will be deemed to have been made
aware of and to have accepted, the changes in any revised Terms of Use by your continued
use of the Site after the date such revised Terms of Use are posted. The information provided
on the Site is not intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law of regulation or which
would Subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their
own Initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.

 

This Agreement is not intended to confer a benefit on, or to be enforceable by, any person
who is not a party to it.

 

3. INTELLETUAL PROPERTY RIGHTS 

Unless otherwise Indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content ) and the trademarks, service marks, and logos
contained therein (the “Marks) are owned or controlled by us or licensed to us, and are
protected by copyright and trademark laws and various other Intellectual property rights and
unfair competition laws of the United States, international copyright laws, and international
conventions. The Content and the Marks are provided on the Site “AS IS” for your information
and personal use only. Except as expressly provided in these Terms of Use, no part of the
Site and no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted distributed, sold,
licensed or otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
Provided that you are eligible to use the Site you are granted limited license to access and
use the Site and to download or print a copy of any portion of the Content of Which you have
properly gained access solely for your personal non-commercial use. We reserve al rights not
expressly granted to you in and to the Site, the Content and the Marks.

 

 

4. USER REPRESENTATIONS
By using the Site, you represent and warrant that
(1) you have the legal capacity, and You agree to comply with the Terms of Use.
(2) you are not a minor in the jurisdiction in which you reside.
TERMS OF USE
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(3) you will not access the Site through automated or non-human means, whether through a
bot, script or otherwise.
(4) you will not use the Site for any illegal or unauthorized purpose and
(5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete we have
the right to suspend or terminate your account and refuse any and all current or future use of
the Site (or any portion thereof).

 

5. PROHIBITED ACTIVITIES


You may not access or use the Site for any purpose other than that for which we make the
Ste available. The site may not be used in connection with any commercial endeavours
except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:
• Systematically retrieve data or other content from the Site to create or compile,
directly or indirectly a collection, compilation, database, or directory without written
permission from us.
• Trick, defraud or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content or enforce
Limitations on the use of the Site and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site,
• Use any information obtained from the Site in order to harass, abuse, or harm
another person
• Make improper use of our support services or submit false reports of abuse or
misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload of transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions operation, or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments
or messages, or using any data mining, robots or similar data gathering and
extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person of use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including without
limitation clear graphics interchange formats (“gifs”), 1×i pixels, web bugs, cookies, or
other similar devices (sometimes referred to as “spyware or “passive collection
mechanisms or pcms).
• Interfere with, disrupt or create an undue burden on the Site or the networks or
services connected to the Site.
• Harass, annoy Intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to
the Site, or any portion of the Site
• Copy or adapt the Site’s software, including but not limited to Flash, PHP HTML
JavaScript or other code.
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• Except as permitted by applicable law, decipher, decompile disassemble or reverse
engineer any of the software comprising or in any way making up a part of the site.
• Except as may be the result of standard search engine or internet browser usage,
use, launch, develop or distribute any automated system, including without limitation,
any spider robot, cheat utility, scraper or offline reader that accesses the Site, or
using or launching any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorized use of the Site, including collecting usernames and or email
addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means of under false
pretences
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or
the Content for any revenue-generating endeavour or commercial enterprise.

 

 

 

6. USER GENERATED CONTRIBUTIONS 

The Site does not offer users to submit or post content. We may provide you with the
opportunity to create submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not limited to text, writings, video,
audio photographs, graphics, comments, suggestions, or personal information or other
material (collectively, “Contributions”). Contributions may be viewable by other users of the
Site and through third-party websites. As such, any Contributions you transmit may be treated
in accordance with the Site Privacy Policy. When you create or make available any
Contributions, you thereby represent and warrant that:

 

• The creation distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe
the proprietary rights, including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and other users of the
Site to use your Contributions in any manner contemplated by the Site and these
Terms of Use.
• You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness of
each and every such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Site and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libellous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or class of
people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or wellbeing of minors.
• Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms of Use, or any applicable law or regulation.
TERMS OF USE
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Any use of the Site in violation of the foregoing violates these Terms of Use and may result in,
among other things, termination or suspension of your rights to use the Site. It is the
responsibility of the Customer to notify the Supplier of any suspected violation of these Terms
of Use.

 

 

7. CONTRIBUTION LICENSE 

You and the Site agree that we may access, store, process and use any information and
personal data that you provide following the terms of the Privacy Policy and your choices
including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use
and share such feedback any purpose without compensation to you.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights, or other proprietary rights associated
with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site. You are solely responsible for your
Contributions to the Site, and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your Contributions.

 

8. SUBMISSIONS 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or
other information regarding the Site (“Submissions”) provided by you to us are nonconfidential and shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and dissemination of
these Submissions for any lawful purpose commercial or otherwise, without acknowledgment
or compensation to you. You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that you have the right to
submit such Submissions. You agree there shall be no recourse against us for any alleged or
actual infringement or misappropriation of any proprietary right in your Submissions.

 

9. SITE MANAGEMENT 

We reserve the right, but not the obligation, to (1) monitor the Site for Violations of these
Terms of Use (2) take appropriate legal action against anyone who, in our sole discretion.
violates the law of these Terms of Use, including without limitation, reporting such user to law
enforcement authorities (3) in our sole discretion and without limitation refuse, restrict access
to, limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof, (4) in our sole discretion and without limitation, notice,
and Conditions or liability, to remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems, and (5) otherwise
manage the Site in a manner designed to protect our rights and property and to facilitate the
proper functioning of the Site.

 

. TERM AND TERMINATION 

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY
ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WTHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR
DELETE ANY CONTENT OR INFORMATION THAT YOU

 

If we terminate or suspend your account for any reason, you are prohibited from registering
and creating a new account under your name, a fake or borrowed name, or the name of any
TERMS OF USE
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third party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
11. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify or remove the contents of the Site at any time or for
any reason at our sole discretion without notice. However, we have no obligation to update
any information on our Site. We also reserve the right to modify or discontinue all or part of
the Site without notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware
software, or other problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend
discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Site during any downtime or discontinuance of
the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Site or to supply any corrections, updates, or releases in connection therewith.
12. GOVERNING LAW
These Terms shall be governed by and defined following the laws of England and Wales and
yourself irrevocably consent that the courts of England and Wales shall have exclusive
jurisdiction to resolve any dispute which may arise in connection with these terms.
13. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or
omissions including descriptions, pricing availability and various other information. We
reserve the right to correct any errors inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.

 

14. DISCLAIMER 

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE. OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS ANDIOR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES TROJAN
HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY
ANY THIRD PARTY. ANDIOR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE, WE DO NOT WARRANT, ENDORSE GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BYA THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR

ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

 

15. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABIUTY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF
THE AMOUNT PAID, IF ANY, BY YOU TO US OR ……………. CERTAIN US STATE LAWS
AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANȚIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
and all of our respective officers agents, partners, and employees, from and against any loss,
damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made
by any third party due to or arising out of (1) use of the Site; (2) breach of these terms of Use
(3) any breach of your representations and warranties set forth in these Terms of Use (4) your
violation of the rights of a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any other user of the Site with whom you connected via the
Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defence and control of any matter for which you are required to indemnify us, and
you agree to cooperate, at your expense, with our defence of such claims. We will use
reasonable efforts to notify you of any such claim, action or proceeding which is subject to this
indemnification upon becoming aware of it.
17. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site as well as data relating to your use of the Site. Although we perform
regular routine backups or data you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby wave any right of
action against us arising from any such loss or corruption of such data.
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original signature or
TERMS OF USE
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delivery or retention of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.

 

19. MISCELLANEOUS 

These Terms of Use and any policies or operating rules posted by us on the Site or in respect
to the Site constitute the entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision or part of a provision of these Terms of
Use shall not operate as a waiver of such right or provision. These Terms of Use operate to
the fullest extent permissible by law. We may assign any or all of our rights and obligations to
others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure
to act caused by any cause beyond our reasonable control. If any provision or part of a
provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms of Use and does not
affect the validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a result of
these Terms of Use or use of the Site. You agree that these Terms of Use will not be
construed against us by virtue of having drafted them. You hereby waive any and all defences
you may have based on the electronic form of these Terms of Use and the lack of signing by
the parties hereto to execute these Terms of Use.

 

 

20. CONTACT 

US In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: Email: info@edoc360.com

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