Terms & conditions

These terms govern your use of our medical records management software system (“MedBrief” or “the system”) accessible at https://ssl.medbrief.co.uk/login or any other domain that we may use to provide access to the system, whether as a guest or registered user. Use of the MedBrief system includes, but is not limited to, accessing, browsing or downloading documents and data via the system and/or registering to use or inviting others to use the system.

If you do not accept these terms of use, you are not authorised to use or continue using MedBrief. Notwithstanding any other provision of these terms of use, we will not be liable for any loss or damage arising out of or in connection with any use of MedBrief which is inconsistent with these terms of use.

We may amend these terms of use at any time and will display any updated version on MedBrief. You will be required to read and accept the changes to continue to use MedBrief.

Information about us

MedBrief Limited (“us”/”we”) is a company registered in England and Wales under company number 10632197. Our registered office is at Windsor House, Bayshill Road, Cheltenham, Gloucestershire, England, GL50 3AT. We are licensed to use, administer and grant sub-licenses to use the MedBrief software system by MedBrief Holdings Limited, a company registered in England and Wales.

Please read these terms carefully before you use MedBrief.

If you have any comments or questions concerning these terms of use, please contact us by email at [email protected].

Eligibility

MedBrief is not available for use if you are under the age of 18. By accepting these terms and using this Website you confirm that you are aged over 18.

Medbrief

MedBrief provides a platform for you to review medical records and associated documentation that have been uploaded to MedBrief for or on behalf of our clients or their end-clients (“Clients”) and which you have either been appointed to review or access.

By accessing and using MedBrief, you confirm that the relevant Client has authorised you to do so and you will be responsible for any losses or damages which we may suffer as a result of a failure by you to obtain such authorisation from the relevant Client.

Accessing Medbrief

We do not guarantee that MedBrief, or any content on it, will always be available, error free, virus free or be uninterrupted. We will not be liable to you if for any reason MedBrief is unavailable at any time and for any period.

Access to MedBrief is permitted on a temporary basis only and we may suspend, withdraw, discontinue all or any part of MedBrief and the ability to access any account which you may have registered or have been provided with log in details to access, without notice. In addition to this right, we may suspend or withdraw your ability to access MedBrief and any account that you may have registered or have been provided with log in details to access, if we believe that you may have used MedBrief contrary to these terms of use.

You are also responsible for ensuring that all persons who are authorised to access MedBrief through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

MedBrief is directed to people residing in the United Kingdom. We do not represent that content available on or through MedBrief is appropriate or available in other locations. We may limit the availability of MedBrief or any service or product described on MedBrief to any person or geographic area at any time. If you choose to access MedBrief from outside the United Kingdom, you do so at your own risk.

Your account and password

MedBrief is only accessible if you have a valid username and password to access the platform (“Login Details”). Usually it is the responsibility of a Client to provide you with Login Details to access MedBrief but we may, on occasions, provide Login Details if requested to do so by a Client.

You must treat your Login Details as confidential and you must not disclose them to any third party.

We have the right to disable any user identification code or password, whether chosen by you, a Client or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or if we are directed to do so by a Client.

It is your responsibility to ensure that you frequently update and revise your password to ensure that your account is secure and to log out of your account at the end of each session. If you know or suspect that anyone other than you knows your user identification code or password and/or may have accessed your account, you must promptly notify us at [email protected].

Intellectual property

We own or are licensed to use all intellectual property rights in and to MedBrief, its content and all technical infrastructure relating to it (“Materials”). These Materials are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify digital or hard copies of any Materials that you have downloaded and you must not use illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. We reserve all other rights in MedBrief and its content.

You are not permitted to reproduce or exploit, in any way, the Materials for commercial gain. Receiving a monetary sum in return for undertaking work on behalf of a Client will not be deemed a commercial gain for the purposes of these terms and conditions.

You must not use, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer or create derivative works of the Material in any way other than expressly permitted in these terms. Except as set out in these terms and conditions, Material or information contained in MedBrief may not be copied, reproduced or redistributed in whole or in part without our prior written consent.

We own, or are licensed to use, all trademarks, service marks and logos (the “Marks”) displayed on MedBrief. You are not permitted to use any of the Marks without our prior written consent.

Downloading, printing and making copies of Materials

You may view and temporarily download and/or print Materials which are made available on your account solely for the purposes of reviewing the Materials in order to fulfil your obligations to a Client. You shall promptly inform us if you have been provided access to Materials which you believe you should not have been granted access to or which do not relate to the work which a Client has instructed you to undertake.

By downloading, copying and/or printing Materials you will be solely responsible for such documents and for ensuring that such materials are stored securely (for example, access to such materials is password protected) and, if you make hard copies of the materials, such hard copies are stored in a secure location in order to prevent unauthorised access by third parties.

You will be solely responsible for any Materials which you download, copy or print and neither MedBrief, its subsidiaries or ultimate holding company and its subsidiaries will have any liability for any loss or damage arising in connection with downloading, making copies and/or printing Materials and you will be responsible to us for any such loss or damage.

As soon as you have completed the work which you were appointed or required to complete on behalf of a Client or when your appointment with such Client ends (whichever is the earliest) you must, as soon as practicable, securely destroy and/or permanently erase any Materials which you have downloaded, copied or printed.

In the event that we have reason to believe that you have breached these terms and conditions we may, at any time, require you to securely destroy and/or permanently erase any Materials which you have downloaded, copied or printed.

Confidentiality and Third Party Data

The Materials contain information that is highly confidential and may contain personal data (e.g. data that can identify a living individual such as names, addresses, telephone numbers, job titles and dates of birth) and sensitive personal data (e.g. data relating to a living individual’s race, political opinions, health, religious and other similar beliefs and criminal records) relating to third parties (“Third Party Data”). You must treat Third Party Data, the Materials and all other information and/or documents made available to you on MedBrief as confidential and you must not disclose (in whole or in part) the content of such documents to any third party, unless you are a court of competent jurisdiction, any governmental or regulatory authority, or are entitled or required by law to do so.

Use of Medbrief

In accessing any part of MedBrief you agree:

not to use MedBrief in such a way that disrupts, interferes with or restricts the use of MedBrief and/or use of MedBrief by other users;
not to upload, display or transmit any information and/or materials through MedBrief which are false, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights of any other person anywhere in the world;
not to impersonate any other user or person;
not to misrepresent yourself including but not being limited to falsely associating or affiliating yourself with a third party or entity;
not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of this MedBrief or create derivative works of MedBrief or any of the Materials of any kind or attempt to transmit to or via MedBrief any information that contains a virus, worm, trojan horse or other harmful or disruptive component;
not to access or attempt to access another users account;
not to use MedBrief in any way which may violate any local law, rules or regulations;
not to use MedBrief to upload or make available information which you have agreed to keep confidential; and
not to change, modify, delete, interfere with or misuse data contained on MedBrief and entered by or relating to any third party user of MedBrief.

No reliance on Information

We provide the information on MedBrief on behalf of Clients and are not responsible for the accuracy of such information and nor will we be responsible for any losses or damages which you may suffer as a result of relying on such information.

Information that you provide and access

If you are required to provide information when using MedBrief, such as your name, address and date of birth (“Data”), any information that you provide whilst accessing and using MedBrief must be true, complete and accurate and you must not impersonate another person or misrepresent your identity. It is your responsibility to ensure that you keep your Data up to date to ensure that it is true, complete and accurate at all times.

If you supply us with personal details through MedBrief, you consent to us collecting, using, sharing and storing such personal data in accordance with these terms of use.

You have a right to ask us to provide you with the information we hold about you and to have any inaccuracies corrected.

Uploading information

Whenever you make use of a feature that allows you to upload information to MedBrief you must do so in accordance with these terms of use.

You warrant that any such information that you upload to MedBrief complies with the standards, set out in these terms of use and you will be liable to us and be responsible for any loss or damage that we suffer as a result of your breach of warranty.

Use of your Data and information uploaded by you

We will only use your Data in order to:

provide MedBrief;
communicate with you, or permit selected third parties to communicate with you, about your use of MedBrief (for example, the Client who has instructed you to undertake work) and respond to your enquiries;
tailor the content and information that we send or display and personalise help and instructions to improve your experience of MedBrief;
better understand how users access and use MedBrief, both on an aggregated and individualised basis, in order to improve MedBrief and respond to desires and preferences;
allow you to participate in interactive features if available on MedBrief and if you choose to do so;
measure, understand and provide recommendations to our clients relating to matter outcomes; and
measure and understand the effectiveness of MedBrief relating to other services we provide relating to MedBrief.

You acknowledge and agree that any information, including but not limited to reports, diagnostics and descriptive metadata which you add or upload to MedBrief may be made available directly to the Client who provided authorisation for you to access MedBrief. However, we are not responsible for informing a Client that you have uploaded information to MedBrief and you will be responsible for notifying the Client if you upload information to MedBrief.

Subject to terms which you may have agreed with a Client, you retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties for the purposes of fulfilling our obligations to such third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to MedBrief constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of content uploaded by you or any other user on MedBrief.

We have the right to remove any information that you have uploaded to MedBrief, if, in our opinion, such information or content does not comply with these terms of use.

You are solely responsible for securing and backing up your content and information.

Sharing and storing your information

You will remain the owner of your information that you provide to us but we may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

All information that you provide to us will be transmitted to and stored on our secure servers. The transmission of information via the Internet is never 100% secure. Although we will do our best to protect both your personal data and sensitive personal data, we cannot guarantee the security of your data transmitted to MedBrief and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to prevent unauthorised access.

We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will only retain your information for a reasonable period or as long as the law requires.

We may use automated devices and applications to evaluate usage of MedBrief. We also may use other analytic means to evaluate our services. We use these tools to help us improve our services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

Limitations of liability

Nothing in these terms of use includes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by English Law.

MedBrief and any information or other material contained in it are made available strictly on the basis that you accept it on an ‘as is’ basis and we do not warrant that MedBrief will meet any requirements which you may have or that it will always be available, error free, virus free or uninterrupted and we do not warrant that the reliability, accuracy and completeness of any materials or information that have been uploaded to MedBrief.

Where you rely on any information or other material contained in MedBrief (whether uploaded by us or third parties), you do so entirely at your own risk and you accept that all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of MedBrief are excluded to the fullest extent permitted by law.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, MedBrief;
downloading, making copies and/or printing Materials;
use of the Materials once they have been downloaded, copied and/or printed;
use of MedBrief contrary to these terms of use; or
use of or reliance on any content or information displayed on MedBrief.

We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Owing to the nature of communications systems, we cannot guarantee that MedBrief will always be available to you. We exclude all liability whatever, to the fullest extent permitted by law, in respect of any loss or damage arising out of or in connection with any non-availability of MedBrief.

Third party rights and links

All limitations and exclusions of liability, warranties and representations that are provided for in these terms and that apply to us shall be enforceable against you by our parent company and our own licensors insofar as is permitted in law.

Where MedBrief contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

Governing Law

These terms of use shall be governed by and construed in accordance with English law. Any dispute arising out of the accessing or use of MedBrief shall be subject to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland, you may bring proceedings in Northern Ireland or if you are a resident in Scotland you may bring proceedings in Scotland.