Policy No | Date Published | Review Date | Owner | Approved by |
CGP 105 | Feb 2020 | Jan 2020 | Registered Manager | CEO |
This is a ClickGP controlled document. Any printed copies of this document are not controlled. As a controlled document, it should not be saved onto local drives. | ||||
Terms and Conditions
ClickGP.net ltd
71-75 Shelton street,
London, Greater London, WC2H 9JQ
Effective Date: (28/02/2020)
ClickGP.net ltd (ClickGP) is an independent private GP service providing medical advice and treatment to its Users. We are proud to offer an accessible and affordable world-class primary care service through a modern website portal. You will be able to speak with a GP through video consultation and have access to your medical records. All our physicians are British trained, GMC registered, and have passed the membership exam of Royal College of General Practitioners.
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.clickgp.net. By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website.
The terms “us”, “we”, and “our” refer to ClickGP.net ltd, the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. A Non-member is someone who uses our Services but is not a Member. The term “User” is a collective identifier that refers to either a Visitor, Member, or Non-member. The term “Product” refers to any products we sell.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
This Agreement is between you and ClickGP.net ltd.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and ClickGP.net ltd and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement, including the www.clickgp.net Privacy Notice, do not use this Website or our Services.
Any dispute arising out of or in connection to this agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which are deemed to be incorporated, by reference, into this clause. The seat, or legal place, of arbitration shall be in the city of London and the country of the United Kingdom. The language of the arbitration shall be English. The number of arbitrators shall be three.
This Agreement will be governed by and construed in accordance with the laws of the United Kingdom without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
6.1 ClickGP is not an emergency service. For all emergency or urgent medical conditions, please dial 999 or visit your nearest Emergency Department.
6.2 We only offer primary care services, meaning the problems you would expect your own GP to deal with. However, our scope is limited due to inability to physically examine the patient. Please read our scope of service document by clicking the link or find it in the home page.
6.3 It is a treating physician’s discretion to decide if they feel competent and comfortable to deal with the concerned medical problem through the video consultation. Our doctors would give you the best possible advice related to the condition that they are capable of, but you may have to refer to your own GP if the condition needs further evaluation.
6.4 We do not offer repeat prescription service; you need to contact your own GP for your routine medication. However, if you urgently require one of your repeat medications and are unable to get it from your own GP, then our physician may be able to provide you with a private prescription. This would be at the discretion of the treating physician.
6.5 We do not prescribe any controlled drugs including opioids, benzodiazepines, or sleeping pills.
6.6 You would still be entitled to pay for the service if your query falls outside the scope of our service, as you pay for the physician’s time. This only applies to the Non-members seeking our GP service through one off payment mechanism.
6.7 Providing private sick notes/ private certificates is within the scope of our service, however it is upon clinical discretion to provide you with the certificate. Being a ClickGP member does not automatically entitle you to get a certificate if our clinician does not feel a clinical need for it. Non-members would have to pay for this service.
6.8 We will be happy to provide you with any letters you may require from our physicians, provided we are aware of that medical condition and have dealt with it in the past. For example, if you require a letter for travel or for your employer. All such letters will be provided at an extra cost. It is clinician’s discretion to provide any such letters.
7. Eligibility and Registration for Membership
7.1 Our Website and Services are intended solely for Users who are at least 18 years of age or older. If younger than 18 years of age, we require consent from a parent or legal guardian. Any registration by, use of, or access to our Website by anyone under 18 years of age without parental or legal guardianship consent is unauthorized, unlicensed, and in violation of these Terms and Conditions.
7.2 Children (under 18) would be able to register under the registration of a parent or legal guardian. The identity documents uploaded on ClickGP portal should verify the relationship or guardianship.
7.3 Children 18 years and under would require a parent or legal guardian to be present during the consultation. The ClickGP physician have the right to verify the relationship and also assess the competency of the child and legal guardian. Please ask for ClickGP consent policy if you require further information in this regard.
7.4 By using our Website and/or Services, you represent and warrant that you agree to abide by all the terms and conditions of this Agreement.
7.5 ClickGP has sole right and discretion to determine whether to accept a Member and may reject a Member’s registration with or without explanation.
7.6 When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
8. Member Conduct
As a Member, you agree not to use our Services to do any of the following:
8.1 Upload, post, or otherwise transmit any Member Content that:
8.2 Violates any local or international laws
8.3 Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
8.4 Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
8.5 Links directly or indirectly to any materials to which you do not have a right to link
8.6 Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
8.7 Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
8.8 Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
8.9 In the sole judgment of ClickGP.net ltd is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose ClickGP.net ltd, our affiliates, or our Users to any harm or liability of any type
8.10 As a member you also agree not to use our Content to:
a. Develop a competing website
b. Create compilations or derivative works as defined under UK & European copyright laws. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
c. Decompile, disassemble, or reverse engineer our Website, Services, and any related software
d. Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
9.1 A one off consultation fee would be applied to all Non-members who wish to see a GP, through pre-booked appointment slots.
9.2 The fee has to be paid in full before the consultation is booked.
9.3 We allow you to change the time or date of your appointment at least two hours before the appointment time by emailing the admin or using the function available on the dashboard, at no extra cost.
9.4 Your full fee would be refunded if an appointment is cancelled at least two hours before the appointment time. Half of the fee would be refunded if an appointment is cancelled within two hours of the appointment time.
9.5 The full fee would be applicable, and no refunds will be given if the appointment is not cancelled and patient does not attend the appointment. However, if you missed your pre-booked appointment due to an emergency than you may write to our admin team with the proof of the emergency. We may consider refunding your fee, but it is at the discretion of ClickGP admin. We wish our patients to fully utilize our service and inform us if they are unable to do so.
9.6 As per clause 6.6 the fee is for the doctor’s time and advice, even if our physician is unable to fully resolve your query due to limitation of video consultation or problem being outside our scope of service. Our physician would offer you the best possible advice.
10. Contractual Agreement and Financial Terms and Refunds for Members
10.1 All membership contracts are for a minimum period of 12 months.
10.2 Your membership can be cancelled free of charge within 30 days of the purchase of the contract, if no consultation with a physician occurred.
10.3 If a GP consultation has happened within 30 days of the start of the contract and client wishes to cancel the contract then a one-off Non-member consultation fee charge will be applied.
10.4 Membership contracts have the following four different payment methods: monthly, annual, family contract, and group/employee discounts.
10.5 Monthly payment: annual contract with twelve monthly installments through direct debit for an individual client either adult or child.
10.6 Annual payment: one off payment for the whole year at subsidized rates.
10.7 Family contract: subsidized rate of annual payment for a family of four (two adults above the age of 18 and two children below the age of 18). Additional family members can be booked through either individual or annual payment methods.
10.8 Individual family members may choose to apply through the family contract or individual contract, whichever is the cheaper option.
10.9 A family account would be linked with the main account holder who is paying for the subscription. If the main account holder terminates the account, all other accounts will be automatically terminated.
10.10 Children in the family account would be linked with the main account holder but would have individual log in detail, with separate email addresses, to enable us to maintain their individual medical record. It is the responsibility of the parent or guardian to ensure their passwords are secure as per our confidentiality policy.
10.11 ClickGP offers a discounted membership to certain groups. A discount code would be provided if you are eligible through a group discount scheme.
11.1 Anyone who is registered with the ClickGP portal would have access to book the GP appointment online.
11.2 Appointments are provided subject to availability.
11.3 Appointment times are subject to change and are only made available at ClickGP sole discretion.
11.4 You are only allowed to book one appointment at a time, this is to help keep the service accessible and reduce the non-attendance.
11.5 You can request an appointment at your chosen date and time, subject to availability.
11.6 An automated email confirmation will be sent to you regarding your booking.
11.7 We follow one appointment, one person and one problem policy. Only the person with the booked appointment will be seen during that slot. Our doctors reserve the right to only address one problem during one consultation.
11.8 Please read the clause 9.1 that applies to Non-members. In summary full consultation charge would be applied if an appointment is booked but not attended or cancelled in due course. We encourage all members to cancel or change their appointments, if they are unable to attend. This should be done as soon as you realize that you will be unable to attend the appointment.
11.9 ClickGP reserves the right to issue a warning to any member who have two or more consecutive or three non-consecutive missed appointments. Your membership will be cancelled if you miss another appointment after receiving a warning letter.
12.1 A request of a prescription, letter or private sick note needs to be made during a live consultation with our GP.
12.2 It needs to be understood that each physician, at their sole discretion, creates prescriptions, letters and sick notes based on their own professional judgment and legal obligation. These are based on the information you provide at the time of your consultations.
12.3 Tampering with the content of any such prescriptions, letters or sick notes is a criminal offence and could result in a legal action being taken against you.
12.4 ClickGP provides no guarantee that such prescriptions, letters and sick notes, may contain what you desired or hoped for or understood they would contain.
12.5 All prescriptions have a unique reference number, they must be used only once for the assigned purpose.
12.6 All prescriptions would be sent directly to the chemist. The prescription would be given to the patient only in exceptional circumstances.
12.7 All prescriptions, letters and sick notes can be verified by sending a copy to our email address verify@clickgp.net
13. Fair Usage Policy
13.1 It is vital for our service to be accessible and affordable. That is only possible if the members use the portal only for genuine medical/clinical needs.
13.2 We consider clinical needs as defined by the scope of our service document. Accessing our service for social or any other non-medical need would be considered a breach of fair usage policy. You agree all information provided to the GP is accurate and not to omit anything of relevance or important, which include current and past, medications and conditions
13.3 It would be your treating physician’s decision to categorize a service use as inappropriate or not. The treating physician would be obliged to inform the management if a service User is not adhering to the fair usage policy.
13.4 A breach to our appointment policy on three separate or two consecutive occasions would generate a written warning under our fair usage policy.
13.5 ClickGP administration would provide you with a written notice if your access to the service is considered a breach of our fair usage policy on two consecutive or three separate occasions.
13.6 We reserve the right to terminate your membership, with no refund, if the fair usage policy is not adhered to after one written warning.
14.1 All of our staff and contractors sign a confidentiality agreement, which is expected of any staff working in the healthcare setting.
14.2 We use a two-step verification process for the website log in, to reduce the chances of someone else using your log in details. You must ensure that your password and other log in details are unique, kept safe and updated regularly. You must not share your log in details with anyone.
14.3 All ClickGP members must have their own unique log in details.
14.4 All children below the age of 18 must be accompanied by an adult.
14.5 It is mandatory for all members to provide us with a valid identity document at the time of registration. Valid Identity documents include a Passport or Photo driving license for an adult and Passport or birth certificate for the child. All identity documents would be verified by ClickGP.
14.6 You must also provide ClickGP with your NHS GP details. We would also encourage you to provide us the consent to contact your GP, if required.
14.7 You must ensure that you are in a safe, quiet and isolated location during the video consultation with the GP to protect your confidentiality.
14.8 ClickGP would not share your medical records with anyone unless you consent to it or our physicians feel that it is necessary to breach your confidentiality for your or public safety. We follow the GMC and department of health guidelines in this regard.
14.9 It is vital to protect the privacy and security of all users in ClickGP. It is not allowed in any circumstances to make independent recordings of consultations, capture images, or take screen shots, or similar actions.
14.10 All necessary details of your consultations will be stored for your benefit in your own patient records, which you will be given access to.
14.11 We encourage you to share your medical record with your own NHS GP to ensure continuity of care. ClickGP would share your medical record with your NHS GP as per the clinical need and as per the discretion of the treating physician.
14.12 ClickGP will not tolerate any threatening, false, misleading or abusive language used with our physicians or any other staff.
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
16.1 Contract termination will only happen in exceptional circumstances and will have to be approved by the CEO of the organization.
16.2 ClickGP reserves the right to terminate the contract of any of its member if they have been found to be in breach of the terms and conditions. This would only happen after a thorough investigation.
16.3 We have a zero tolerance policy for abuse towards any of our staff. Your membership with ClickGP will be terminated, with no refund, if any client is found guilty of abuse towards any of our staff.
16.4 ClickGP is an independent private service. Your access to your account will be blocked if you do not pay your due subscription.
16.5 We take any breach of our confidentiality policy very seriously. Any client found to be in breach of the confidentiality policy would not be able to enjoy the ClickGP subscription and their access to the system would be blocked.
16.6 Members would have the right to appeal against the termination to the management of ClickGP.net ltd.
17.1 ClickGP takes responsibility for any harm that is caused to you due to any actions by the ClickGP management or staff.
17.2 All of our clinicians are independent practitioners and have their own indemnity coverage. ClickGP does not take any responsibility for the clinical decisions made by individual practitioners.
17.3 We ensure that all of our physicians are credentialed before they start working with us. They must be on the GMC register, have attained all the related qualifications and have proper indemnity coverage.
17.4 All of our staff have an appropriate DBS check before they join us.
18.1 We encourage you to provide us your feedback by sending an email to our admin team at admin@clickgp.net
18.2 If you have a comment or complaint about any aspect of our service, please email us as soon as possible. If you wish to make a formal complaint, we require a written detailed account of the complaint. We may ask you for certain details about you and your complaint in order to address it. We will try to acknowledge the complaint within 5 days of receiving it and try to provide a full reply within 4 weeks of getting the complaint.
18.3 Our physicians are registered healthcare professionals, and we will handle your complaint in an appropriate way, as required to do so by the professional rules that apply to our physicians. We will inform you about the outcome of our investigation about your complaint and give you the chance to discuss it with us. However, if you are unhappy with the reply, then you have a right to escalate it as described in our complaints policy.
18.4 We regularly conduct a survey and we encourage you to participate in the survey to help us improve our service.
19. Limited License
19.1 ClickGP grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement.
19.2 No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
20. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
21. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
22. Our Intellectual Property
22.1 Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of ClickGP.net ltd.
22.2 Our Content, as found within our Website and Services, is protected under United Kingdom and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited.
22.3 Your use of our Website and Services does not grant you any ownership rights to our Content.
23. Use of Information
You grant ClickGP a license to use the information and materials you post to our website for medical care. We do not share your medical information with anyone unless we are directed to do so for legal and public health reasons.
24. Errors, Corrections, and Changes
24.1 We do not represent or otherwise warrant that our website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our website will be correct, accurate, timely, or otherwise reliable.
24.2 ClickGP reserves the right at our sole discretion to change any content, software, and other items used or contained in our website or services at any time without notice.
25. Disclaimer
Our Website may publish content supplied by third parties, Users, advertisers, and physicians. Accordingly, ClickGP has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other User of our Website, are those of the respective author(s) and not of ClickGP. ClickGP does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
26. Warranty Disclaimer
26.1 ClickGP is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by ClickGP physicians. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services.
26.2 ClickGP is not responsible for the online or offline conduct of any User of our Website or Services.
26.3 Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. ClickGP assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorised access to, or alteration of Member communications.
26.4 ClickGP.net ltd is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, mobile phone equipment, software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
26.5 Under no circumstances will ClickGP be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
26.6 Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
26.7 THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
26.8 CLICKGP, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. CLICKGP CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. CLICKGP DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
26.9 WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CLICKGP.NET LTD.
26.10 OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
27. Limitation of Liability
IN NO EVENT WILL CLICKGP.NET LTD OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF
CLICKGP IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CLICKGP.NET LTD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
28. Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.
29. Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
ClickGP has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
30. Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, doctors, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
31. Severability and Survival
31.1 Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence.
31.2 Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision.
31.3 Our rights under this Agreement will survive any termination of this Agreement.
32. Changes to Our Terms and Conditions
32.1 We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice.
32.2 To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise.
32.3 Your continued use of our Website, Services, and Products after any change to these
Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
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