Software Terms & Conditions

1. GRANT AND SCOPE OF LICENCE
1. In consideration of £1 (if demanded) and you agreeing to the terms hereof, 3d grants a non-exclusive, non-transferable licence to use the Software.
2. You may register with 3d to use the Software to receive instructions and to allow for 3d to arrange appointments between you and an individual requiring treatment and subsequently for you to upload your discharge reports. The Software should not be used for any other purpose than that specified in this Licence unless agreed in writing between you and 3d.


2. LICENSEE'S UNDERTAKINGS
Except as expressly set out in this Licence or as permitted by law, you undertake:
1. not to rent, lease, sub-license, loan, copy, modify or alter the whole or any part of the Software nor combine and part of the Software with any other programs;
2. not to, or attempt to, disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Software; and
3. to keep confidential and not to disclose its logon details (password and user name) and not to provide or otherwise make available any part of the Software to any person other than to your employees (if applicable). It is the responsibility of you to ensure that all employees (if applicable) are aware of this Licence and shall comply with its terms.


3. INTELLECTUAL PROPERTY RIGHTS
1. You acknowledge that all intellectual property rights in the Software belong to 3d and that the rights in the Software are licensed (not sold) to you, and that you shall have no rights in, or to, the Software other than the right to use the Software in accordance with the terms of this Licence.
2. You acknowledge that you shall have no right to have access to the Software in source code form or in unlocked coding or with comments.


4. ACKNOWLEDGEMENTS
1. You acknowledge that the Software has not been developed to meet your individual requirements, it is used at your own risk and that it may not be free of bugs, viruses or errors.
2. You acknowledge that you are responsible for configuring your information technology in order to access the Software. You should use your own virus protection software.
3. You acknowledge that you must not misuse the Software by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Software, the server on which the Software is stored or any server, computer or database connected to the Software.


5. LIMITATION OF LIABILITY
3d is not liable for loss of potential or actual income profits, information, goodwill or reputation, loss of, damage to or corruption of software or data or any indirect or consequential loss. This clause shall not limit 3d's liability for fraud or fraudulent misrepresentation, death or personal injury resulting from negligence or any other liability that cannot be excluded or limited in accordance with English law.


6. DATA PROTECTION
1. During the term of this agreement and after termination or expiration of this agreement for any reason whatsoever, 3d and you shall comply with all statutory obligations regarding data protection, including, but not limited to, the requirements of the Data Protection Act 2018 ("Act").
2. You accept you are obliged to act in accordance with the contract between you and Premex Services Limited (trading as 3d Rehabilitation) for the provision of services.


7. SUBJECT ACCESS REQUESTS
1. A Subject Access Request ("SAR") is a written request from an individual for a copy of the data held about them. As part of the obligations under the Act, 3d are legally bound to comply with these requests in a timely manner./li>
2. If you receive a written SAR, in relation to an individual to whom you have provided services who has been referred to you by 3d you, shall immediately notify 3d of this request. If you receive a request verbally you should advise the individual to make a written request and immediately notify 3d.


8. TERMINATION
3d may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence. Upon termination, all rights granted to you under this Licence shall cease and you must cease all activities authorised under this Licence.


9. GENERAL
1. Any failure by 3d to insist upon the performance of any of your obligations shall not constitute a waiver of its rights or remedies. No waiver by 3d of these terms and conditions shall be effective unless it is in writing and shall only apply to the circumstances for which it is given.
2. This Licence represents the entire agreement between the parties in relation to the use of the Software. You acknowledge that, in entering into this Licence, you have not relied on any representation or undertaking given by 3d or implied from anything said or written in negotiations between the parties prior to entering into this Licence.
3. The parties shall have no remedy in respect of any untrue statement made by the other, prior to accepting this Licence (unless such untrue statement was fraudulent) and the other party's only remedy shall be for breach of contract as provided hereof.
4. 3d may vary all or any of the terms of this Licence at any time upon giving to you 30 day’s prior written notice.
5. Each of the provisions of this Licence operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
6. This Licence is governed by English law. Disputes arising from any term of this Licence shall be subject to the non-exclusive jurisdiction of the courts of England and Wales./li>