Terms of Service
Last Updated: 7th September 2022
These Terms of Service apply to all visitors and registered users who access or use the Services, including wondrmedical.net, our Wondr Medical app, your account, and any products, features and services we offer to you (collectively, the “Services”). These Terms of Service set out the rights and the obligations of all users regarding the use of the Services.
The Terms of Service include the following additional terms (together, “Terms”), which also apply to your use of our Services:
- Our Community Guidelines which set out the permitted uses and prohibited uses of our Services. When using our Services, you must comply with these Guidelines.
- Our Privacy Notice describes our data practices, including the types of information we collect from you, or you provide to us, how we use and share this information, and your rights in relation to the processing of information about you.
- Our Cookie Notice, which sets out information about the cookies on our Services.
- Our Business Associate Agreement (BAA) describes the rights and obligations of Covered Entities and Wondr Medical, the Business Associate (BA) and is required for relationships between US Covered Entities and their BAs in which the BA processes, stores or transmits electronic Protect Health Information (ePHI) on behalf of the Covered Entity. If you are a US Covered Entity to whom this BAA applies, you can access the BAA here.
By accessing or using our Services, you confirm that you accept these Terms of Service, and that you agree to comply with them. If you do not agree to these Terms of Service, you must not use our Services.
2. About Our Services
We implement industry standard security safeguards designed to protect your data. We operate systems to improve our ability to detect incidents, threats or vulnerabilities that may harm the security of our Services. If we learn of activity like this, we will take appropriate action such as removing that activity or contacting law enforcement. In the rare event of any reportable data breach, we will notify you as soon as possible and in accordance with regulatory requirements.
We work to protect the security, safety and integrity of our Services by appropriately dealing with abusive persons and activity violating our Terms.
There are important differences between our Services and your mobile phone and a fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other service.
Accessibility of our Services
Our Services are compatible with mobile and desktop accessibility functionality, such as the ability to adjust various on-screen contrast, colours, and text size options.
Eligibility for the Services: You may not receive any Services from us if you:
- are under the age of 18
- are a member of a terrorist or hate group;
- reside in a country subject to a comprehensive UK, EU, or U.S. sanctions program or are a Specifically Designated National as designated by the U.S. Department of the Treasury;
- have previously been banned from using our Services for a breach of these Terms; or
- are otherwise prohibited from receiving our Services under applicable laws.
Obligations when using the Services: You agree that you will:
- use a strong password for your account, keep it confidential, and never share or allow others to access any part of your account. You must notify us promptly of any unauthorised use or security breach of your account or our Services;
- provide us with accurate information and keep it updated;
- use your real name on your profile and under no circumstances create a false identity, misrepresent your identity, or create a profile for anyone other than yourself;
- use the Services in a professional manner;
- not violate the Community Guidelines or any additional terms concerning specific Services that are provided to you from time to time; and
- comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, regulatory requirements including the Health Insurance Portability and Accountability Act 1996 or any equivalent applicable legislation and any internationally recognised standards on the protection of patient health information from disclosure.
Sharing content: Our Services allow messaging and sharing of information in many ways, such as through your profile, via direct messaging and app workspaces. When you post content or comments, share others’ content, or otherwise share information about yourself, you acknowledge and agree that:
- this information may be seen, copied, shared, and used by others who also use our Services. Direct messages allow you to have non-public conversations on the Services. Our Services allow you to host or participate in private discussion groups. We share the content of the direct messages with the people you’ve sent them to. Content added to a workspace room will be shared with other members of that workspace room. When you use these features to communicate, please remember that recipients have their own copy which they may duplicate, store or share, even if you delete your copy from your account. If there is anything that you are not comfortable with being available to others in this way, you should not share it by using the Services;
- you will not post or disclose any information that you do not have the consent to disclose (such as confidential or personal information of others, including identifiable patient information);
- any content that you post and/or share is subject to moderation under these Terms; and
- your account may be suspended or terminated in the event you breach these Terms (in particular, the Community Guidelines) and if we do, you agree not to create another account without our permission. Suspending or terminating your account will be in accordance with the Moderation, Suspension and Termination section below.
Permissions you give us: In order for us to provide our Services to you, we require certain permissions (called a ‘licence’) from you. You agree and confirm to us that:
- you own the intellectual property rights (such as patents, copyright, or trademarks) in any content that you create and share by using the Services (audio, photos and videos are considered part of the content); and
- whenever you share, post or upload content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to host, distribute, modify (i.e. moderate), display, and translate this content solely for the purposes of providing the Services to you as set out in these Terms.
As an example, this means that if you shared any video content or academic papers on the Services, you give us a licence to store, copy, and share it with others through the Services.
You can end this licence to us at any time by simply removing/deleting the relevant content or, generally, by deleting your account.
When you delete content/close your account, although the relevant content may no longer be seen by other users, it may still exist (a) to the extent that you shared the content on the Services and they have been copied, shared or stored by others, and (b) for a reasonable amount of time from our backup or other systems, until it is removed.
4. Service terms
Paid-for Content: Access to some content, such as courses, webinars, certain video content, and other services, is only granted on a paid-for basis ("Paid-for Content"). In these cases, access to the content will require payment to a third party (e.g. society, organisation or company) and this will be made clear on the registration page.
The way in which our sponsors and partners use your personal data and handle payments will be set out in their privacy notices and Terms. It is your responsibility to read and ensure you are happy with such notices prior to registering and paying for these events.
Content accessible through the Services: The Services allow the sharing of content by users and publishers. Our role is generally limited to providing the hosting services for such content.
We request that both users and publishers adhere to certain professional standards when posting and sharing content on the Services. However, we cannot always prevent this misuse of our Services and we do not routinely review content provided by publishers or other users nor can we access content shared via private workspaces in our Rooms app. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for any content or information posted or shared by others or their misuse of the Services.
If you see any content or behaviour that you believe does not comply with these Terms (e.g. if it violates the Community Guidelines), you can report it to us and we will take appropriate action if we think it is necessary.
Intellectual property: The Services that we provide to you are covered by intellectual property rights that we have and make available to you (for example, images, designs, trademarks, logos, copyright, functionality, and any software code forming any part of the website or app). We reserve all intellectual property rights in the Services.
You acknowledge that content posted or shared by others on the Services may also be covered by intellectual property rights. You should always seek permission of the person who has shared the content before re-sharing or otherwise using the content outside of the Services.
Closing your account: You can terminate your agreement to these Terms at any time by deleting your account via your profile (on the app) or account settings (on wondrmedical.net). For information about what happens to your account data on termination, please refer to the Termination section below.
5. Disclaimers and Limits on Liability
No warranty: The Services are provided on an “as is” and “as available” basis. We do not give any representations or warranties that the Services or any Paid-for Content will be available, uninterrupted, error-free, accurate, reliable, or that it will meet your specific requirements. Your experience and access to the Services and any Paid-for Content may also vary depending on device and usage requirements, your own connection to the internet, and any applicable geographical restrictions.
Limits on liability: Nothing in these Terms excludes or limits (or is intended to exclude or limit) our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, or (c) breach of your legal rights under consumer protection laws which we cannot lawfully exclude.
We may be responsible for loss or damage that you suffer that is a foreseeable result of our failure to comply with these Terms or our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is either (a) obvious that it will happen as a result of our failure to comply with these Terms, or (b) as a result of our failure to use reasonable care and skill. We are not responsible to you for acts that are not reasonably foreseeable, nor any events beyond our reasonable control.
6. Moderation and Restriction of Access
Moderation: We reserve the right to remove any content that you post or share that breaches these Terms, in particular the Community Guidelines. Where we do remove content for this reason, we will inform you. If you believe that your content does not breach these Terms, you may appeal against any moderation by contacting us at firstname.lastname@example.org.
Restriction of access: In the event that you breach these Terms, in particular the Community Guidelines:
- we may provide you with a warning that further breaches may lead to your access to certain Services being restricted (such as allowing you “Read-only” access); and
- if you continue to breach the Terms after having received a warning, or if we determine the initial breach to be serious enough, we may restrict your access to the Services ("Restriction").
We will provide you with reasonable prior notice before any Restriction takes effect, unless doing so may reasonably be expected to lead to further breaches of the Terms or may negatively impact others’ use of the Services.
We will notify you of the reasons for any Restriction and the necessary actions (if applicable) to be undertaken to remove the Restriction. If you wish to appeal your Restriction, you may do so by contacting us at email@example.com.
Termination: If you breach these Terms persistently, or in a serious way, we may terminate your account (and our relationship under these Terms) instead of, or following, Restriction. On termination (whether by you closing your account, or by us terminating your account), you will lose your access to the Services and any rights granted under these Terms.
8. Governing Law and Dispute Resolution
Nothing in this section will deprive you of any mandatory consumer protections under the law of the country in which you receive the Services, and where you have your habitual residence.
Complaints: If you have any complaints about the Services, an action we have taken against you or your account, or wish to report a misuse of our Services by other users or publishers, you can contact us at firstname.lastname@example.org .
Mediation: If we are not able to resolve your issue through our complaint handling system then your issue may be referred by either party to an external mediation service.
Governing Law: These Terms and any contractual and non-contractual disputes that arise out of them or the Services ("Disputes") shall be governed by and construed in accordance with the laws of England and Wales.
Jurisdiction: You acknowledge and agree that the courts of England and Wales shall have exclusive jurisdiction to settle all Disputes.
Who we are: You are entering into these Terms with Reachora Limited, a company incorporated under the laws of England and Wales with registered number 10413945 whose registered office is at Finsgate, 5-7 Cranwood Street, London, EC1V 9EE (referred to as "we", "us", "our" in these Terms).
Interpretation: In these Terms, (a) unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular, (b) any obligation on you not to do something includes an obligation not to allow that thing to be done, and (c) any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
Entire agreement: These Terms make up the entire agreement between you and us for use of the Services and they supersede any prior agreements. Some of the Services that we offer may be governed by supplemental terms. Before you use any of these types of Services, you will be provided with an opportunity to agree to supplemental terms that will become part of our agreement with you.
- If any part of the Terms is found to be unenforceable, the remaining sections of these Terms will remain in full force and effect.
- If we fail to enforce any of these Terms, it will not be considered a waiver of our rights.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our prior consent. We may assign or transfer our rights and obligations under these Terms without restriction (e.g. in connection with any merger, acquisition, or otherwise).
- These Terms are personal to your use and access of the Services and no third party is granted any rights under these Terms unless expressly stated to the contrary.
- If you choose to provide suggestions and feedback to us on our Services, you agree that we can (but are not obliged to) use and share such feedback for any purpose without compensation to you.
10. How To Contact Us
For general inquiries, you can contact us using email@example.com. For legal notices or service of process, you may write to us at:
5-7 Cranwood Street
London, EC1V 9EE