SOFTWARE OF EXCELLENCE UK LIMITED

                                                  

PATIENT PORTAL

TERMS OF USE

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PORTAL

 

 

What’s in these terms?

These terms tell you the rules for using the Portal (“the Portal”).

The Portal provides a means of collecting important information from you and securely passing that information to your dental care provider, which includes both dental practices and referral centres where applicable (“Dental Care Provider”).

Who we are and how to contact us

The Portal is provided by Software of Excellence UK Limited (“We“, “us”) for and on behalf of your Dental Care Provider.

We are registered in England and Wales under company number 02940919 and have our registered office and main trading address at Medcare South Bailey Drive, Gillingham Business Park, Gillingham, Kent, ME8 0PZ.

To contact us, please email support@soeuk.com or telephone our customer service line on 01634 266 800.

By using the Portal you accept these terms

By using the Portal, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use the Portal.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of the Portal:

  • Our Patient Portal Privacy Policy which sets out the terms on which we process any personal data we collect from your Dental Care Provider, you, or that you provide to us. By using the Portal, you consent to such processing and you warrant that all data provided by you is accurate.

 

  • Your Dental Care Provider’s privacy policy. Please contact your Dental Care Provider for details of how they handle and protect your data once transferred to them.

 

We may make changes to these terms and to the Portal

We amend these terms from time to time. Every time you wish to use the Portal, please check these terms to ensure you understand the terms that apply at that time.

We may also update and change the Portal from time to time and may change the content at any time. However, please note that any of the content on the Portal may be out of date at any given time and we are under no obligation to update it.

We do not guarantee that the Portal or any content on it, will be free from errors or omissions unless otherwise stated.

We may suspend or withdraw the Portal                                                 

We do not guarantee that the Portal, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Portal for business and operational reasons. You are also responsible for ensuring that all persons who access the Portal through your login credentials are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Prohibited uses of the Portal

You may use the Portal only for lawful purposes. You may not use the Portal:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is fraudulent.
  • To the harm or with the attempt to harm another person in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below, see Content Standards.
  • To knowingly transmit any data, send or upload any harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • To infringe any other person’s intellectual property rights.
  • To breach any legal duty owed to a third-party, such as a contractual duty or a duty of confidence.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of the Portal in contravention of these terms.
  • Not to access without authority, interfere with, damage or disrupt any part of the Portal or any hardware or software in relation to it.

Geographical restrictions on use

The Portal is directed to people attending Dental Care Providers based in the United Kingdom or Eire. We do not represent that content is available on or through the Portal is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures (such as a link in an email), you must treat such information as confidential.

We have the right to disable any user identification code or password, whether chosen by you 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.

If you know or suspect that anyone other than you, or a designated confidant, knows your user identification code or password, you must promptly notify your Dental Care Provider immediately.

How you may use material on the Portal

We are the owner or the licensee of all intellectual property rights in the Portal, and all material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Our status (and that of any identified contributors) as the authors of content on the Portal must always be acknowledged.

If you print off, copy or download any part of the Portal in breach of these terms of use, your right to use the Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this Portal

The content on the Portal is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Portal.

Although we make reasonable efforts to update the information on the Portal, we make no representations, warranties or guarantees, whether express or implied, that the content on the Portal is accurate, complete or up to date.

We are not responsible for any websites we link to

Where the Portal contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources.

Uploading patient content to the Portal

Whenever you make use of a feature that allows you to upload patient content to the Portal, you must comply with the content standards set out below.

Any uploaded patient content must:

 

  1. Be current, true, accurate (where it states facts), supportable and complete.
  2. Be genuinely held (where it states opinions).
  3. Comply with the law applicable in England and Wales and in any country from which it is posted.
  4. Be relevant.
  5. Not fall under a prohibited use of the Portal.

You warrant that any content you upload does comply with the above, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to the Portal will be considered non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and any third parties we work with a limited licence to use, store and copy that content in accordance with our Patient Portal Privacy Policy.

The rights you licence to us are described under the heading ‘Rights you are giving us to use patient content you upload’, see Rights you are giving us to use patient content you upload.

We have the right to remove any posting you make on the Portal if, in our opinion, your post does not comply with the content standards set out above.

Rights you are giving us to use patient content you upload

When you upload or post patient content to the Portal, you grant the following rights to use that content:

  • a licence to us to enable us to transfer your content to your Dental Care Provider, in accordance with these terms of use; and
  • a licence to your Dental Care Provider and, where appropriate, to other third parties we and your Dental Care Provider work with, to only:
    • update your Dental Care Provider’s dental records with your content that you provide; and
    • extract content from your dental record to assist you with the completion of subsequent forms on the Portal.

How to complain about content presented to you whilst using the Portal

If you wish to complain about content presented to you in the course of interacting with the Portal then please contact your Dental Care Provider.

Breach of these terms

When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these content standards constitutes a material breach of these terms of use upon which you are permitted to use the Portal, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to usethe Portal.
  • Immediate, temporary or permanent removal of any content uploaded by you to the Portal.
  • 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 these content standards. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

 Our responsibility for loss or damage suffered by you

  • Please note that we only provide the Portal for personal use. You agree not to use the Portal for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

How we may use your personal information

We will only use your personal information as set out in our Patient Portal Privacy Policy.  Please contact your Dental Care Provider for details of how they handle and protect your data once transferred to them.

We are not responsible for viruses and you must not introduce them

We do not guarantee that the Portal will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Portal. You should use your own virus protection software.

You must not misuse the Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Portal, the server on which the Portal is stored or any server, computer or database connected to the Portal. You must not attack the Portal via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Portal will cease immediately.

Which country’s laws apply to any disputes?

Please note that these terms of use, their subject matter and their 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.