Terms and Conditions

1. INTRODUCTION
http://www.gpbuddy.ie is an online resource for General Practitioners (GPs) in Ireland. It enables all GPs to search for and find healthcare professionals in Ireland. http://www.gpbuddy.ie/ and the facilities, services and materials available thereon (the "Website") is owned and operated by Cairde Slainte Limited trading as GPBuddy.ie ("GPBuddy") an Irish registered company, number 476836, having its registered office at 45 Watson Drive, Killiney, Dublin, Ireland. For the purpose of these terms and conditions "we", "our" and "us" refers to GPBuddy.ie.

2. IMPORTANT NOTICE
GPBUDDY.IE IS NOT INVOLVED IN THE PROVISION OF ANY HEALTHCARE OR MEDICAL ADVICE OR DIAGNOSIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. THE WEBSITE IS AN INFORMATION SERVICE THAT DISPLAYS INFORMATION ON HEALTHCARE PROFESSIONALS THAT HAS BEEN GATHERED FROM THE HEALTHCARE PROFESSIONALS OR THE INTERNET. WE DO NOT SCREEN OR VALIDATE ANY CONTENT POSTED BY HEALTHCARE PROFESSIONALS, NOR DO WE ENDORSE ANY PARTICULAR HEALTHCARE PROFESSIONAL. IF YOU DECIDE UPON A HEALTHCARE PROFESSIONAL TO PROVIDE MEDICAL SERVICES TO YOUR PATIENTS, YOU DO SO AT YOUR OWN RISK. YOU SHOULD BE AWARE THAT THE RESULTS OF ANY SEARCH YOU PERFORM ON THE WEBSITE FOR HEALTHCARE PROFESSIONAL SHOULD NOT BE CONSTRUED AS ENDORSEMENT BY GPBUDDY OF ANY PARTICULAR HEALTHCARE PROFESSIONAL OR CONSTITUTING ANY COMPARATIVE RANKING OF HEALTHCARE PROFESSIONAL. 

3. CHANGES IN THESE TERMS OF USE
GPBuddy.ie may modify or terminate any services offered through this Website from time to time, for any reason and without notice, and without liability to you, any other Client or any third party. GPBuddy.ie reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of this Website including these Terms of Use at its sole discretion from time to time. You should check these Terms of Use for any changes each time you access this Website. Your continued use of the Website and/or clicking on the "I accept" button will signify your acceptance of revised Terms of Use.

4. USE OF GPBUDDY.IE

If you are registering as a GP, you will be asked to provide your name, email address, Medical Council Number and to choose a password. By participating in the registration process as a GP, you acknowledge that you are a GP in Ireland and therefore confirm your eligibility to use our Services. If you are registering as a healthcare professional or service provider, you will be asked to provide your email address and choose a password. Whether you register as a GP or a healthcare professional or service provider, you agree not to use the account or password of another user at any time or to disclose your password to any third party. You agree to notify GPBuddy.ie immediately if you suspect any unauthorized use of your account or access to your password or any other breach of security. You are solely responsible for any and all use of your account. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You are prohibited from selling, trading or otherwise transferring your GPBuddy.ie account to another party. GPBuddy.ie cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

5. SERVICES WE PROVIDE

5.1 GPBuddy.ie is a search engine for General Practitioners and/or your registered servants or agents (hereinafter collectively referred to as "You" or "Clients") seeking to access medical services and healthcare professionals situated in Ireland, including but not limited to individual medical practitioners, hospitals, clinics, counsellors (together the "Healthcare Professionals") who want to provide medical services. For the purpose of these Terms of Use, "Medical Services" means the medical service or services that the Healthcare Professional is legally permitted to provide to a Client.
5.2 GPBuddy.ie gathers information from various Healthcare Professionals about their facilities and services as well as from a large number of publically available websites. You can access this information via the website. This information should assist you in making a decision on choosing your preferred Healthcare Professional by conducting your own research into such Healthcare Professionals.

6. SERVICES WE DO NOT PROVIDE

6.1 GPBuddy.ie is not a medical referral service and does not endorse, recommend, or approve any Healthcare Professionals listed in the Website. We will not discuss or advise on any issues relating to medical treatment with Clients or Healthcare Professionals.
6.2 As we cannot control the information provided by Healthcare Professionals or information sourced by GPBuddy.ie from the Internet that is made available through this Website, GPBuddy.ie does not guarantee or endorse the authenticity, quality, safety or legality of any Healthcare Professionals or the services provided or purported to be provided by the Healthcare Professionals, the accuracy of any listings or Healthcare Professionals' data we may provide to you, or the ability of Healthcare Professionals to complete a service.
6.3 If you choose to use the website service to text a telephone number to a mobile telephone then your name and telephone number will be recorded and made available to the clinic.

7. CONTENT POLICY
GPBuddy.ie acts as a passive conduit for the online distribution and publication of information submitted through the Website, and has no obligation to screen content or information in advance and is not responsible for screening or monitoring material posted by you or Healthcare Professionals. You are solely responsible for the content and information you provide to us to be published on the Website through our data entry forms or otherwise. We reserve the right to edit or remove your content if we suspect it is untrue or that it may incur liability for us.

8. AGE AND RESPONSIBILITY

The Website Service is only available to, and may only be used by individuals who are legally entitled to form such contracts under law in the jurisdiction in which they reside. If you are under the age of eighteen, you should not access and or use this Website or the Website Services. By accessing and using this Website, you warrant that you are over the age of eighteen.

9. PRIVACY AND DATA PROTECTION
GPBuddy.ie endeavours to protect your privacy and the privacy of others who access the Website and use its facilities. For full details of the manner in which GPBuddy.ie uses cookies, the type of information we collect, how we use it and further details concerning the circumstances upon which we disclose information, please read the Privacy Statement which is hereby incorporated in to and forms part of these Terms of Use.

10. PROVISION OF INFORMATION
Information sent over the internet cannot be guaranteed to be completely secure as it is subject to possible interception or loss or possible alteration. You understand and agree to assume the security risk for any information you provide using the Website. We are not responsible for any information sent over the internet and will not be liable to you or anyone else for any damages or other loss incurred in connection with any information sent by you to us or to a Healthcare Professional or any information sent by us, a Healthcare Professional or any third party to you over the internet.

11. SUSPENSION/TERMINATION
GPBuddy.ie may at any time, without notice to you, suspend or terminate your access to this Website, or any service forming part of this Website, wholly or partially for any reason, including without limitation, where you have provided false or misleading information, or you are in breach of these Terms of Use, or if GPBuddy.ie cannot verify or authenticate any information submitted to the Website. GPBuddy.ie is not liable to you or any third party for any suspension or termination of access to this Website.

12 USE OF WEBSITE
12.1 You agree not to use this Website or any of its facilities and/or services for any purpose that is unlawful or prohibited by these Terms of Use including but not limited to:
12.1.1 For any commercial purpose including but not limited to creating, checking, confirming, updating or amending your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists;
12.1.2 any purpose that is fraudulent, unlawful or prohibited by these Terms of Use;
12.1.3 copying, modifying, transmitting, displaying, distributing, performing, reproducing, licensing, publishing, creating derivative works from, transferring or selling any information, software, products and services contained on or forming part of this Website, or otherwise using such content of the Website for resale, redistribution or for any other commercial use whatsoever including but not limited to any surveys, contests or pyramid schemes;
12.1.4 accessing or using the Website in and from jurisdictions which restricts or prohibits same by local law;
12.1.5 accessing or using the Website in any manner which could damage, disable, overload, flood, mail bomb, crash or impair the Website or interfere with any other party's use and/or enjoyment of the Website; 
12.1.6 posting or transmitting (whether on a bulletin board, forum or otherwise) to or from the Website any unlawful, harassing, threatening, libelous, defamatory, tortious, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law;
12.1.7 transmitting material which may cause harm to our or any other party's computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, spyware, adware, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy or otherwise impair a computer's functionality or the operation of the Website;
12.1.8 harassing, harming or abusing another person, or contacting, advertising, soliciting, selling to any other person without their prior written consent or transmitting or relaying spam, junk email or chain letters;
12.1.9 accessing data or materials not intended for your use; logging into a server or account which you are not authorised to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity or affiliation in any way;
12.1.10 attempting to gain unauthorised access to the Website, or any computer systems and networks connected to any GPBuddy.ie website, through hacking, password miming or any other means; or
12.1.11 harvesting or otherwise collecting by any means any program material or information (including without limitation email address or details of other users) from the Website or monitoring, mirroring or copying any content of the Website without the prior written consent of GPBuddy.ie.
12.2 The pages contained in this Website may contain technical inaccuracies and typographical errors. The information on this Website may be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date nor any liability for any failure to do so.
12.3 GPBuddy.ie reserves the right, at its sole discretion, to pursue all of its legal remedies upon breach by you of these Terms of Use, including but not limited to removal of your postings and content from this Website, and restricting your ability to access this Website and use the Website Services.

13. COPYRIGHT NOTICE AND LIMITED LICENCE
13.1 The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, get-up, business names, domain names, rights in good will, know-how, designs and rights in designs, trade names and logos (whether registered or unregistered) (the "Materials") contained in this Website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws and are also protected under national laws and international treaties. GPBuddy.ie and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials.
13.2 Any other use of the Materials on this Website, including any form of copying or reproduction, modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other Materials or works or re-delivery using framing technology, without the prior permission of GPBuddy.ie is strictly prohibited and is a violation of the proprietary rights of GPBuddy.ie. Other than as expressly provided herein nothing in these Terms of Use should be construed as conferring by implication or otherwise any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of GPBuddy.ie, its licensors or any third party.
13.3 You agree to grant GPBuddy.ie a non-exclusive, royalty free, world-wide, transferable perpetual licence with the right to sub-licence, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Materials and other information (including without limitation ideas contained therein for new or improved services) when you submit to the Website either during the registration process or otherwise.

14. DISCLAIMERS
14.1 THE WEBSITE IS AVAILABLE TO ALL USERS "AS IS" AND, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS MADE AVAILABLE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
GPBuddy.ie MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE SERVICES OR MATERIALS AVAILABLE ON THE WEBSITE (INCLUDING WITHOUT LIMITATION, THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE).
ALL INFORMATION PROVIDED ON THE WEBSITE IS INTENDED AS A GUIDE ONLY AND SHOULD NOT BE CONSTRUED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND GPBuddy.ie MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS AS TO THE ACCURACY OF ANY INFORMATION PROVIDED ON THIS WEBSITE. 
GPBuddy.ie MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THE WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GPBuddy.ie ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF GPBuddy.ie, WHICH CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THE WEBSITE.
ALL USE BY YOU OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM, YOUR DOWNLOADING OR USING OF, OR REFERRING TO OR RELYING ON THE FACILITIES, SERVICE, MATERIALS OR PRODUCTS PROVIDED ON THE WEBSITE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THE WEBSITE. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GPBuddy.ie AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO GPBuddy.ie WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE WEBSITE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GPBuddy.ie SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
14.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GPBuddy.ie ASSUMES NO RESPONSIBILITY NOR DO WE GRANT ANY WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE OPERATION, SAFETY, CONDITION OR SERVICE OF THE HEALTHCARE PROFESSIONAL OR ANY DOCTOR OR ANY OTHER PERSON ASSOCIATED WITH THE HEALTHCARE PROFESSIONAL THAT IS USED BY, FOR OR ON BEHALF OF, YOU. GPBuddy.ie IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS,. REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF THE HEALTHCARE PROFESSIONAL OR ANY DOCTOR OR ANY OTHER PERSONS ASSOCIATED WIT THE HEALTHCARE PROFESSIONAL OR FOR LOSS, DAMAGES OR EXPENSES RESULTING THEREFROM.
14.3 GPBuddy.ie cannot guarantee and does not promise any specific results from use of this Website.

14.4 Part of this Website may contain advertising. Advertisers are responsible for ensuring that material submitted for inclusion on the Website complies with international and national law. GPBuddy.ie takes no responsibility for third-party advertisements which are posted on this Website or through the GPBuddy services, nor does it take any responsibility for the goods or services provided by its advertisers. GPBuddy.ie will not be responsible for any error or inaccuracy in advertising materials.

15. LIMITATION OF LIABILITY
15.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GPBuddy.ie NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY FACILITIES, SERVICES AND THE WEBSITE SERVICE OFFERED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE INCLUDING FOR THE AVOIDANCE OF DOUBT YOUR TRANSACTIONS WITH HEALTHCARE PROFESSIONALS FACILITATED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, LOSS OF INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF GPBuddy.ie HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. 
15.2 IN NO EVENT SHALL GPBuddy.ie NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY HEALTHCARE PROFESSIONAL OR THIRD PARTY OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
15.3 Without limiting the foregoing, under no circumstances shall GPBuddy.ie nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance of the Website or the Website Services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floats, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third party.
15.4 GPBuddy.ie does not exclude liability for death or personal injury caused by its negligence or that of its employees or authorised representatives or for fraud. 

16. INDEMNITY
You agree to defend, indemnify and keep indemnified and hold GPBuddy.ie and (as applicable) its officers, directors, employees, affiliates or other representatives harmless against any and all claims, proceedings, actions, costs (including legal costs), charges, expenses, damages, liability, losses and demands made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of this Website, including but not limited to posting content on this Website, entering into transactions with Healthcare Professionals, infringing any third party intellectual property or other rights, or otherwise arising out of your breach or any breach of these Terms of Use.

17. LINKS TO THIRD PARTY WEBSITES
This Website contains links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. Access to any other website through this Website is at your own risk. GPBuddy.ie is not responsible or liable for the accuracy of any information, data, opinions, statements made on third party websites or the security of any link or communication with those websites. GPBuddy.ie reserves the right to terminate a link to a third party website at any time. The fact that GPBuddy.ie provides a link to a third party website does not mean that GPBuddy.ie endorses, authorises or sponsors that website, nor does it mean that GPBuddy.ie is affiliated with the third party websites, owners or sponsors. GPBuddy.ie provides these links merely as a convenience for those who use this Website.

18. REFUND POLICY

Healthcare Professionals may choose to avail for paid services offered by GPBuddy at their own discretion. By purchasing such services, they agree to use them and abide by the Terms of Use set forth herein. At the time of purchase of these services they will be informed of the length of availability of these services to them.

GPBuddy does not issue refunds for any of these paid services, nor does it offer refunds with respect to any of these services. If any Healthcare Professional has reason to enquire about any aspect of this, they agree to submit such enquiry in writing to GPBuddy. Submission of such enquiries does not imply any direct action be taken by GPBuddy with respect to these enquiries but GPBuddy will endeavour to read and respond to them. Failure to provide timely payment for any paid service offered by GPBuddy may result in GPBuddy terminating such services entirely at its own discretion.

19. AVAILABILITY
19.1 Although GPBuddy.ie endeavours to ensure the Website is available at all times, there may be occasions when access to the Website may be interrupted, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that GPBuddy.ie shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website.
19.2 You have sole responsibility for adequate protection and back up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive items.

20 JURISDICTION AND GOVERNING LAW
20.1 This Website is controlled and operated by GPBuddy.ie from Ireland. GPBuddy.ie does not make any representation that the facilities, services (including the Website Service) and/or Materials offered through this Website are appropriate or suitable for use in countries other than Ireland, or that they comply with any legal or regulatory requirements in any such other countries. In accessing this Website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Website, facilities, services (including the Website Service) and/or Materials offered through this Website or any part of them available in your country, or to you (whether by reason of nationality, residence or otherwise), this Website, the facilities, services and/or Materials offered through this Website or any part of them are not directed at you.
20.2 These Terms of Use shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of GPBuddy.ie and without prejudice to the right of GPBuddy.ie to take proceedings in relation to these Terms of Use before any court of competent jurisdiction, that courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms of Use, or for such purposes you irrevocably submit to the jurisdiction of such courts.
20.3 The language of any dispute resolution procedure or any proceedings under these Terms of Use will be English.

21. MISCELLANEOUS
Any waiver of any provision of these Terms of Use must be in writing signed by GPBuddy.ie to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. Each of the provisions of these Terms of Use is separate and severable and enforceable accordingly and if at any time any provision is judged by any court of competent jurisdiction to be void or unenforceable the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Nothing in these terms of use shall constitute, or be deemed to constitute, a partnership between you and GPBuddy.ie, nor shall either party be deemed to be the agent of the other party. These Terms of Use represent the entire understanding and agreement between you and GPBuddy.ie relating to use of this Website, its facilities and/or services (including the Website Service) and supersede any and all prior statements, understandings and agreements.