Epcy Limited’s Terms and Conditions for Clinics and Hospitals
This document serves as a contract between Epcy and Clinic.
Epcy Limited (Epcy) is a company based at 17 Green Lanes, London, N16 9BS United Kingdom.
User is the person who registers on Epcy to use and consume its services.
Registration means that User willingly enters personal information required, creates password and username on Epcy databases in or out of the U.K.
Visitor is someone who uses and consumes Epcy services without registering, but provides personal information through other means on Epcy.com. Visitor can sometimes be used interchangeably with User. They refer to the same person.
Clinic is a healthcare institution that provides healthcare services to Users and Visitors through Epcy.
Hospital is a healthcare institution that provides healthcare services to Users and Visitors through Epcy.
Clinic and Hospital provide the same or similar services, and could be sometimes used interchangeably in this document.
Epcy.com (“www.epcy.com and “epcy.com”) is Epcy’s website domain address where Epcy offers some of its services to Users and Visitors.
Website is a list of domain names such as but not limited to epcy.com or http://www.epcy.com, epcy.co.uk, operated by Epcy Limited. Epcy.com and Website mean the same in this document.
Referral by Epcy means that Epcy initiates a communication for a Visitor’s or User’s intent to get treatment or consultation from a Clinic or Hospital. This communication can be in any form or shape of communication whether it is verbal, or written, in person or by means of electronic devices or telephone systems. It can also be established through Epcy’s Website, Epcy’s Services, Instant messaging applications such as WhatsApp but not limited to it, or social media platforms such as Instagram or Tik Tok or similar applications. Once Visitor’s intent to get a treatment from Clinic or Hospital is communicated to the Clinic, it means that Referral by Epcy has been established and completed.
Service Fee refers to a specified percentage of the service fee by the User or Visitor for the Service received from the Clinic or Hospital through Referral by Epcy, and it is payable by the Clinic to Epcy Limited.
Visitor Data means all data, works and materials: (i) uploaded to or stored on the Website or through 3rd Party Platforms, or provided verbally by Visitor; (ii) transferred from the Website at Visitor’s instigation; (iii) supplied by Visitor to Epcy for uploading to the Website; (iv) generated by the Website as a result of use of the Services (but excluding analytics data relating to use of the Website and server log files).
Clinic Data means all data, works and materials: (i) uploaded to or stored on the Website by Clinic; (ii) transferred from the Website at Clinic’s instigation; (iii) supplied by Clinic to Epcy for uploading to the Website; (iv) generated by the Website as a result of use of the Services (but excluding analytics data relating to use of the Website and server log files).
Content means any text, graphic, image, sound, video, software, data compilation or other form of information that may be stored on a computer and that appears on or is part of this Website and the Application;
Services
These agreement for Clinics and Hospitals govern Clinics’ and Hospitals’ access to and use of Epcy’s website and mobile applications (www.epcy.com and other Epcy websites with different domain extensions such as epcy.co.uk and epcy.de), but managed by Epcy (collectively, the “Website”) and the services (the “Services” offered on the Website, and 3rd party platforms (“3rd Party Platforms”) instant messaging such as but not limited to WhatsApp, social media applications such as but not limited to Instagram, Facebook, and Tik Tok.
Epcy’s services consist of publishing information about doctors, hospitals and clinics for Visitors and Users via Website and 3rd Party Platforms.
Epcy services include getting estimates on behalf of Users and Visitors for medical treatments from Clinics based on personal health data provided by User and Visitor. By providing this data, User and Visitor agree that Epcy can share them with any Clinic at its disposal solely for the purpose of obtaining estimates on behalf of Users and Visitors.
Preamble
Epcy Limited is a technology company with its legal address at 17 Green Lanes, London, N16 9BS in the United Kingdom. Epcy Limited’s services consist of publishing information about doctors, hospitals and clinics for Clinics via Website and 3rd Party Platforms.
The agreement in this document governs Clinic’s and Hospital’s access to and use of Website and collection and process of data provided to Clinics and Hospitals by Epcy.
Please read this agreement carefully as they constitute a legally binding agreement between Clinics and Epcy. Epcy objects to the applicability of any conflicting agreement.
1. Registration, Epcy.com and the Offers
1.1 By using the Website or any Epcy services, Clinics and Hospitals agree to this agreement in this document. If Clinic do not agree to the terms of this agreement, Clinic may not register, access the Website, or otherwise use Epcy’s services.
1.2 The Clinic declares that it has the legal capacity to enter into the agreement of this agreement. Clinic accepts and declares that it provides commercial services in the health sector, and that it will use the Website for commercial and professional purposes and that, therefore, Clinic cannot benefit in any way or manner from the rights established in the Consumer Protection Act and related regulations.
1.3 If Clinic accepts this agreement on behalf of another person or entity, Clinic represents and warrants that Clinic has full authority to bind that person or entity to the agreement in this document.
3. Type of Website and Services
3.1 Epcy Limited provides a referral service through its website epcy.com that lists individuals and organizations that provide healthcare services and allows users to search for and contact them based on various criteria.
3.2 Epcy shall not be liable in any manner whatsoever for any Content, including, without limitation, for any errors or negligence in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available or otherwise made available via the Services. Any use of Content or materials posted or obtained through the Services is at the Clinic’s own risk. Clinic and Hospital acknowledges and agrees that sole responsibility for any postings, messages, text, files, images, photos, videos, audio files or other content posted on, transmitted through or linked to the Website or 3rd Party Platforms rests with the person or entity from whom such content originated.
3.3 Epcy acts as a search engine, content hoster, and digital referral platform for Clinics and Epcy Users and Visitors. Epcy does not act as an agent or as a Clinic for Clinics or Users and Visitors. Epcy does not provide health advice to Visitors.
3.4 Epcy cannot be held liable for the services of third parties or their agents or Clinics. Because the information provided to Clinic through Epcy is based on publicly available and factual technical data created by third parties, Epcy can not assume any responsibility or liability for the timeliness, completeness or accuracy of the content and derivatives provided to Clinics or Visitors through the Site or Services. Clinic understands and agrees that Epcy does not enter into any fiduciary or agency relationship with Clinic solely as a result of Clinic’s use of the Website or Services or Clinic’s access to any materials available on the Website.
3.5 Epcy reserves the right, in its sole discretion, to make changes to the operation of the Service from time to time without prior notice. Any description of the operation of the Service shall not be construed as a representation or commitment as to how the Service will always operate.
4. Use of the Website Services
4.1 Clinic acknowledges that epcy.com is a type of search engine for Clinics and Hospitals used for commercial and professional purposes, that Epcy does not operate in the healthcare sector, and that Clinic bears full and sole responsibility for any mistreatment of Users and Visitors in case they receive any treatment from Clinic or Hospital.
4.2 Clinic provides Clinic’s registration data (e.g. last name, first name, phone number, graphics of Clinic’s facilities, and photos of Clinic’s patients with permission from Clinic’s patients) on the Website so that Epcy can create a profile page for Clinic.. Epcy is entitled to reject or cancel this creation if it seems unreasonable to Epcy. The Clinic is obliged to inform Epcy immediately about changes of its registration data. Epcy shall not be liable if the Clinic is not granted access to the services because he provided misleading information or did not update his data in time.
4.3 As Clinic, Clinic agrees to provide Epcy, upon request, with identification documents (including tax identification numbers, facility permits and approvals, legal documents indicating that Clinic is authorized to provide health care services in accordance with local regulations) or other information that Epcy may need or request.
4.4 As Clinic, Clinic agrees to allow Epcy, its employees and its 3rd Party partners to inspect Clinic’s facilities, review conduct of medical care, and document these inspections and reviews for further analysis, categorization for Services that Epcy provides to Users and Visitors.
4.4 As a Clinic, Clinic is responsible for maintaining the confidentiality of Clinic’s password and account login, and Clinic is solely responsible for all activities that occur under Clinic’s password or account. Clinic agrees to notify Epcy immediately of any unauthorized use of Clinic’s password or account.
4.5 Epcy may establish multiple accounts for a Clinic, and Clinic shall be solely responsible for ensuring that such account holders, its employees, agents and contractors comply with this agreement. Clinic agrees to (i) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and to notify Epcy promptly of any such unauthorized access or use; (ii) use the Services only in accordance with this agreement and applicable law.
4.6 Clinic agrees that Epcy may prohibit Clinic from any use of or access to the Services if Epcy believes that doing so violates this agreement and applicable law.
4.7 Clinic agrees that Epcy may name Clinic as a recipient of Services for marketing purposes and in press releases.
4.8 Clinic may only use Epcy’s services in a manner and for purposes that do not violate this agreement or applicable law or infringe the rights of third parties. Please note in particular
– The dissemination of racist, pornographic, violence glorifying or trivializing as well as immoral content is prohibited. It is also prohibited to disseminate information that impairs or endangers the development or education of children or young people or violates human dignity or other legal interests protected by the United Kingdom Criminal Code. Furthermore, it is prohibited to incite to criminal acts or to produce or disseminate instructions for criminal acts.
– It is forbidden to insult, harass, defame or threaten other users. Clinic may not violate any copyrights, trademarks or other proprietary rights of third parties through Clinic’s use.
– Clinic may not distribute unsolicited mass mailings.
5. Restriction of Use
5.1 Clinic’s Account is for Clinic’s personal use and Clinic may not allow anyone else to use Clinic’s Account. The Website is intended to operate as a search engine for Clinics and Visitors pursuant to Article 2.2. Any use of the Website for any other purpose (including, but not limited to, using the Website or information obtained from the Website to solicit or contact Users for any other purpose) is prohibited.
5.2 Clinic may not send mass emails, junk or spam e-mail to other Clinics or Users or use information obtained from the Website to harass, abuse or harm others. In order to protect users from such activities, Epcy reserves the right to take appropriate action, including but not limited to terminating subscriptions and/or accounts or blocking access to the Website for users with certain IP addresses.
5.3 Any personal information Clinic obtains by visiting the Clinic’s website may only be used for the specific purpose set forth in the Clinic’s policies. The Clinic agrees and represents that Epcy shall not be held liable for any personal information obtained by the Clinic through the Offer Source.
5.4. Clinics are prohibited from violating or attempting to violate the security features of the Site or the Services, including, without limitation, (a) accessing content or data that is not intended for Clinic or logging into a server or account for which Clinic are not authorized to access; (b) attempting to probe, scan or test the Services or the Site for vulnerabilities or to bypass security or authentication measures without proper authorization; (c) disrupting or attempting to disrupt the Services to any user, host or network, including, without limitation, by malware, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) using the Site or Services to send unsolicited email, including but not limited to advertising or promotion of products or services; (e) forging TCP/IP packet headers or any portion of the header information in any email or posting using the Services; (f) attempting to modify, reverse engineer, decompile, disassemble, or otherwise alter the source code used by Epcy in providing the Site or Services into a form recognizable by humans. Any breach of system or network security may result in civil and/or criminal liability.
6. Handling Visitor Data
Clinics and Hospitals agree to handle Visitor Data in accordance with their country’s personal data protection laws.
Additionally, Clinics and Hospitals agree not to disclose any and all Visitor Data without their explicit consent on any website, social media applications, and instant messaging applications.
7. Fee Claim
7.1 Epcy Limited is entitled to a commission fee equal to 20% of the amount that the User (Visitor), who is referred to the Clinics by Epcy, pays to the Clinic for each and every current and future treatment and additional services. Whether treatment is complete, partially complete, not completed, or not started, any time and every time Clinic receives payment from Visitor (User) after the date that Epcy refers the User (Visitor) to Clinic, Epcy is entitled to 20% of that amount.
Payments and all penalties due are calculated and invoiced in GBP currency by Epcy.
7.2 Clinic and Hospital are required to provide Epcy with accurate and timely data and information regarding the payment collected from Visitor. Exact amount collected from Visitor must be disclosed and reported to Epcy by the Clinic within 48 hours after collection of such payment excluding public Holidays in the country where the Clinic provides services to Visitor. Any negligence willingly or unwillingly will result in an additional penalty of 25% of the amount due and breach of the agreement in this contract.
7.3 The fee is due upon invoicing the Clinic by Epcy. In the event of late payment of the fee, the Clinic agrees to pay interest in the amount of 2.5 % of the past due fee per month (or calculated prorated if less than a month) plus any attorney and/or collection agency fees incurred due to the collection of late payments.
7.4 Epcy reserves the right to adjust the fee rates at any time with 30 days’ notice by email to the Clinic. If Clinic does not revoke Clinic’s current agreement in writing, Clinic will be deemed to have accepted the new fees.
7.5 Clinic may change Clinic’s payment method by contacting Epcy. If Clinic cancel Clinic’s agreement or a payment cannot be successfully processed due to expiration, insufficient funds, or any other reason, Clinic will still be responsible for any uncollected amounts and all penalties due to late payment and authorize Epcy to continue to charge Clinic for the payment method Clinic specified or for any other payment method, even if Clinic attempt to create a new account, reactivate the unsettled account, or register for a new account. This may cause Clinic’s payment terms to change. If Epcy are unable to charge Clinic’s account, Epcy reserves the right, but have no obligation, to terminate Clinic’s access to Epcy’s website or any portion there of.
7.6 Clinic acknowledges and agrees that Epcy does not have access to its Clinics’ credit card information; all such information is transmitted by Clinic directly to the payment service.
7.7 Epcy uses a third party payment service. By using the service, you, as a Clinic, agree that the agreement of the payment service applies between Clinic and the payment service.
7.8 To the extent permitted by law, Epcy generally does not provide refunds for order cancellations.
8. Contact by Epcy
Clinic and Hospital agrees to allow Epcy to contact them before, during, and after Visitor’s treatment for service satisfaction and marketing purposes.
9. Clinic’s Contents – Intellectual Property
9.1 Epcy offers Clinics the possibility to place Clinic’s profile in Epcy’s digital platform. For this purpose, Clinic can post data, texts and images on Epcy, or give consent to Epcy to upload and display such data on its platform. Epcy do not claim any rights of use or exploitation to Clinic’s content. Clinic must have the necessary rights for all content that Clinic posts or make accessible as part of Epcy’s services. Therefore, please check whether Clinic has the necessary rights before posting content.
9.2 Epcy are entitled to block content posted by Clinic if there is reasonable suspicion that this content violates statutory provisions or this agreement or infringes the rights of third parties. A reasonable suspicion exists in particular if the clinic is the subject of an official or criminal investigation because of the content Clinic has posted. Epcy can maintain the blocking until the suspicion is cleared. Epcy reserves the right to check and, if necessary, reject content that Clinic posts in publicly accessible areas before it is released.
9.3. Notwithstanding anything to the contrary, Epcy shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Website and related systems and technologies (including, without limitation, information about Vendor Data and data derived therefrom), and Epcy shall be free (during and after the term of this Agreement) to (i) use such information and data to improve and enhance the Website and for other development, diagnostic and corrective purposes in connection with the Website and other Epcy Offerings and (ii) disclose such data to third parties solely in aggregate or other unidentified form in connection with its business.
10. Disclaimer of warranty and limitation of liability
10.1.Clinic expressly acknowledges that Clinic’s use of the Website, and Epcy’s Services as it is and is made available, is within the scope of applicable laws and with all consequences. Epcy expressly disclaims all warranties, representations and conditions of any kind, express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising out of Clinic’s use of the Website. Clinic’s use of the Website is at Clinic’s own discretion and risk.
10.2 Epcy does not warrant the accuracy, adequacy or completeness of any information or materials contained on or provided or received in connection with the Website, including, without limitation, information contained in any background or audit reports, whether commissioned by a Vendor or by Epcy. Epcy does not warrant that Clinic’s use of the Site or the Services or the information on the Site will be secure, uninterrupted, error-free, available or accurate or that any errors on the Site will be corrected. Epcy will endeavor to avoid limitations, disruptions, interruptions or other restrictions on Clinic’s use of the Services to the extent technically possible. Please note that, given the current state of communications technology, Epcy can not completely exclude the possibility of such restrictions. This applies to content and transmission paths that are beyond Epcy’s control.
10.3 The maintenance and further development of Epcy’s services may lead to temporary restrictions in use. Epcy will make every effort to keep these within reasonable limits for you.
10.4 To protect Epcy’s systems as well as third parties from harmful programs and content such as viruses, Trojans or spam emails, Epcy may use technical protection measures. This also includes the use of filter systems, insofar as this is appropriate in particular for the protection of telecommunications and data processing systems.
10.5 In no event shall Epcy be liable for any damages, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising out of the conduct of the Clinic or any other person in connection with the use of the Site or the Services, including, without limitation, personal injury (ii) Clinic’s reliance on any information or other content posted on the Site or transmitted to or by any user of the Site or the Services, and (iii) any reviews or comments made about Clinic by other users on the Site.
10.6 Clinic agrees that Epcy will not be liable for (i) indirect, special, incidental or consequential damages, (ii) lost profits, (iii) business interruption, (iv) loss of or damage to reputation, or (iv) loss of information or data.
10.7 Without limiting any other provision of this agreement, Epcy’s maximum aggregate liability to Clinic for any loss or damage Clinic suffer in connection with the Site, the Services or the agreement shall be limited to the amount paid by Clinic to Epcy in connection with the Site in the 3 months prior to the event giving rise to the liability.
10.8 Clinic agrees that Epcy shall not be responsible or liable for any loss or damage of any kind incurred as a result of Clinic’s dealings with Visitors and Users of Epcy or the Services or with any third parties that access the Clinic through the Services. In the event that a dispute arises between participants on this Website or Epcy Services or between users (visitors) and third parties, Clinic understands and agrees that Epcy has no obligation to become involved. In the event that Clinic have a dispute with one or more other users, Clinic hereby release Epcy, its officers, directors, shareholders, employees, agents and assigns from all claims, demands and damages (actual and consequential) of every kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes and/or Epcy’s Service.
11. Indemnification from damages
11.1. Clinic/User agrees to indemnify, defend and hold Epcy harmless from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by Epcy in connection with any third party claim (including intellectual property claims) arising out of (i) Clinic’s use, misuse or inability to, use the Site or Services, (iii) Clinic’s violation of this agreement or infringement of any third party rights, (iv) Clinic’s interaction with or conduct toward other users, (v) Clinic’s violation of any applicable law, rule or regulation, or (vi) information contained in any background or verification report, whether commissioned by a user or by Epcy. Clinic agrees to reasonably cooperate with Epcy in the defense of any such claim. Epcy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.
11.2 The Clinic agrees to receive commercial electronic messages with campaign, promotional and advertising content to Clinic’s contact details and to process and share Clinic’s personal data with Epcy’s suppliers for this purpose.
11.3 Clinic assumes all risks associated with the use of the Website and Services, including but not limited to all risks associated with online or offline interactions with others.
11.4 When Clinic accesses the Website and/or uses the Services or Additional Services, it is possible that Epcy will process the Clinic’s Personal Data. Clinic agrees and acknowledges that any data (e.g., details of orders completed, graphics, photos, reports generated, contact information) obtained through use of the Website, including Personal Data, may be transferred to another country for storage and service improvement purposes. For detailed information about how and why Epcy processes Clinic’s Personal Data, please see Epcy’s Privacy Policy. Epcy may use cookies when users browse the website. Detailed information about the use of cookies can be found in Epcy’s Cookie Policy.
11.5 The Clinic undertakes to report any violation of this agreement or any alleged misconduct by Users by e-mail to info@epcy.com.
12. Reviews, Rates, Comments, Feedback Posted on Epcy
12.1 Submitting Reviews
Epcy’s review service is intended to enable Visitors and Clinics to benefit from the collection and sharing of Reviews for their mutual education and enhancement of the Clinic’s product and service offerings, and a Visitor’s purchasing decisions.
In providing this service, Epcy acts as a trusted third party to, on the one hand, collect and disseminate Reviews related to a Visitor experience, and on the other hand, ensure the compliance of the collected content in the Review with applicable law in order to publish, reject or delete such Reviews.
Epcy calls this Epcy’s “Moderation” process about which Clinic may find more details below in The Moderation Process.
You, as a Visitor, are given the opportunity to provide an honest Review regarding an actual experience a Clinic have had in purchasing a product or service to benefit from a Clinic.
Accordingly, in order to provide any Review, Clinic must comply with the Review Requirements and satisfy the following criteria:
Clinic must be a natural person;
Clinic must not have any personal interest that represents a conflict of interest with the Clinic for which Clinic provide a Review;
Clinic’s Review must be based upon Clinic’s personal experience in purchasing a product or service from the Clinic;
Clinic must provide valid and current contact information to enable Epcy to communicate with you, which Epcy will manage according to Epcy’sPrivacy Policy; and
Clinic guarantees the truthfulness of Clinic’s Review.
When Clinic submits any Review, the Clinic gives Epcy permission to contact Clinic using any of the contact information either Clinic or Epcy’s Clinic has provided to Epcy. Epcy may contact Clinic to verify information relating to Clinic’s Review or Clinic’s identity in order to attempt to validate Clinic’s Review. Clinic also acknowledge and agree that any Review submitted by Clinic may be used without any compensation or other recognition to you, and may be published by Clinics and third parties as they wish.
12.2 Time Periods for Reviews
Epcy reserves the right to establish time periods during which Epcy will accept any Review, including the amount of time after which any purchase of a product or service has been completed and the time a Review may be submitted. Epcy prefers to obtain Reviews that are promptly provided but understand that sometimes a reason for submitting a Review may not be immediately apparent. Epcy also recognizes that circumstances or opinions may change, and so Epcy may enable Clinic to modify a Review within a limited time after Clinic originally submit such Review. Epcy will use Epcy’s discretion in establishing time frames that serve the objectives of Epcy’sService and provide value to Visitor and Clinics.
12.3 Publishing Reviews
Epcy will determine whether a Review of their product or service will be publicly available, and the nature of communications with the Visitor of their product or service that may be accessed, communicated, and published using the Service. Epcy will also determine whether to enable the display of aggregate ratings and links for Reviews on third-party search engines and other services with which Epcy has a business relationship.
12.4 Review Requirements
If Clinic desire to submit a Review, Epcy require that Clinic comply with the following requirements which are intended to promote a beneficial experience for all users of the Service:
Do not submit any Review or otherwise communicate using the Service in a manner that may constitute harassment or other inappropriate action towards another person or any organization.
Do not impersonate another person, including a Visitor or representative of any organization.
Do not upload any content that promotes any commercial product or otherwise solicit others to take any action, activity, or boycott, or join or become members of any other activity or organization.
Do not violate laws or regulations applicable to Clinic or the use of the Service. Clinic responsible for complying with any laws or regulations applicable to Clinic’s submission of a Review, including any information Clinic provides and the content of Clinic’s Review. Clinic agrees not to submit any Review or other information via the Service that violates any intellectual property rights or any other kind of privacy or publicity right of another person, or take any action that constitutes a criminal offense.
Do not upload, promote, or distribute software viruses or any other kind of computer code, files or programs that attempt to interrupt, destroy, limit, or interrupt the functionality of any computer software or hardware or telecommunications equipment.
Do not interfere with Epcy’sservers or third party services utilized in providing or otherwise connected to the Service.
Do not attempt to probe, scan, or test the vulnerability of any of Epcy’s Service or computer systems or breach any security or authentication measures.
Do not avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Epcy or any of Epcy’s service providers or any other third party to protect the Service, the Reviews or any Clinic or Visitor information.
Do not encourage or enable any other individual or organization to do any of the foregoing.
Do not mention any doctor’s name or medical staff name.
Epcy includes these requirements because Epcy does not monitor all communications and activities that take place through the Service by Clinics or other Visitors, so Epcy strives to provide guidance for appropriate conduct. Despite Epcy’s efforts, Epcy regrets that there is a possibility Clinic may be exposed to offensive, indecent, or objectionable behavior by other users of the Service; Clinic understands this and, accordingly, agrees that Clinic’s use of the Service in this regard is at Clinic’s own risk. If Clinic do encounter any behavior that conflicts with these Review Requirements, or are subject to any other objectionable content, Clinic may contact Epcy at info@epcy.com.
12.5 Ownership of the Service
Epcy and its licensors exclusively own all rights, title, and interests in and to the Service, including all proprietary technologies, software, methodologies, analytics, artificial intelligence, and machine learning occurring as a result of Clinic’s use of the Service, and provided or made available to Clinic by Epcy within, or in conjunction with, the Service, and any enhancements, derivative works, or improvements thereto. Clinic acknowledges that the Service is protected by copyright, trademark, and other laws of the United Kingdom and other countries.
12.6 Feedback
If Clinic provide to Epcy with any ideas, suggestions, and/or proposals relating to the Service (or other products or services Epcy might develop) (all such communications to be referred to collectively as “Feedback”), Clinic acknowledge and agree: (i) Feedback does not contain confidential or proprietary information; (ii) Epcy is not under any obligation of confidentiality, express or implied, with respect to any Feedback; (iii) Epcy shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way; (iv) Epcy may already have under consideration or in development ideas similar to or the same as such Feedback; (v) Clinic’s Feedback automatically becomes Epcy’ property without any obligation to you; and (vi) Clinic are not entitled to any accounting, compensation, or reimbursement of any kind from Epcy under any circumstances on account of any Feedback. Epcy shall be entitled to utilize all Feedback in any way without restriction or obligation to you. Without limiting these rights, Clinic hereby grant Epcy a perpetual, worldwide, sublicensable, non-exclusive, fully-paid, royalty free license under all of Clinic’s intellectual property rights to use without compensation or acknowledgment to Clinic or others, any Feedback provided to Epcy, including the rights to make and sell products and services based on such Feedback.
13. Reviews fetched from Google and TrustPilot
Epcy fetches Clinic’s reviews and ratings posted on Google and TrustPilot through DataforSEO.com in order to give Visitors a comprehensive and better review experience for their decision making process. All reviews fetched from Google and TrustPilot are outside of Epcy Limited’s agreement outlined in here.
Reviews and ratings posted on Google and TrustPilot that are fetched to Epcy cannot be moderated by Epcy as the process is automatic.
Any review and rating posted on Google and TrustPilot that are deleted from these platforms may still be available on Epcy.
If the Clinic believes any review on Epcy fetched from Google or TrustPilot is outside of Epcy’s agreement, please contact Epcy via info@epcy.com.
14. Termination of the Clinic account.
14.1 These agreements shall apply for the duration of the agreement with the Clinic.
14.2 If Clinic fails to cure a breach of this agreement within thirty (30) days of written notice of such breach, Epcy may terminate/freeze Clinic’s account and immediately suspend Clinic’s access to the Services.
14.3 The Website contains links to other websites (including other websites embedded in the Website) or applications or functionality to connect to other websites (each a “Third Party Website”) or advertisements. Epcy do not control or endorse any Third Party Sites or Advertisements and are not responsible for any content, products, advertising or other materials presented or made available on such Third Party Sites or Advertisements. Clinic’s use of and access to any Third Party Site is at Clinic’s own risk and subject to the agreement of such Third Party Site.
15. Final provisions
15.1 Nothing in this agreement shall be construed to make either party a partner, joint venture partner, agent, legal representative, employer, contractor or employee of the other. Epcy Limited is not a principal, broker, agent or intermediary for any other Clinic or user.
15.2 If any provision of this agreement is held to be unenforceable, such provision shall be modified to reflect the intent of the parties, and all other provisions of this agreement shall remain in full force and effect.
15.3 This agreement contains the entire agreement between Clinic and Epcy with respect to Clinic’s use of the Site and Services, and supersedes any prior agreements between Clinic and Epcy with respect to such subject matter. The parties acknowledge that they are not relying on any representations not contained in this agreement.
15.4 Epcy is entitled to amend this agreement at any time with effect for the future in compliance with the following procedure. Epcy will notify Clinic of the changes by email at least three weeks before they are scheduled to take effect. Clinic may object to the changes within three weeks of receipt of the notification. If Clinic do not object or if Clinic expressly agrees to the changes, the changes will become effective at the time they are notified. If the Clinic objects within the time limit, the contract will be continued under the previous conditions. Together with the planned changes, Epcy will inform the Clinic of its right to object, the deadline to be met and the consequences of objecting or missing the deadline.
15.5 In so far as the change affects essential contractual obligations for Clinic or Epcy (i.e. obligations the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the other party may regularly rely), the reservation of right to change shall only apply if the change is reasonable for the Clinic, taking into account Epcy’s interests. This is the case if
– the change effects free offers, services or areas of Epcy.com and Epcy ensure that offers still running at the time the change takes effect remain unaffected by the change, or
– the change relates to paid offers, services or areas of Epcy.com and Epcy ensures that paid offers, services or areas already used by Clinic remain unaffected by the change.
15.6 This agreement and its interpretation shall be governed by the laws of the United Kingdom, excluding its conflict of law rules and excluding the UN Sales Convention.
The place of jurisdiction for all disputes arising from this agreement between the Clinic and Epcy is the City of London in the United Kingdom.
16. Either party can revoke and cancel this agreement at any time with 5 day notice. Any cancellation or revoking doesn’t prevent either party from meeting their past and future obligations that arise under the agreement.
The agreement language is English. The English version of this agreement supersedes the Turkish language version. The Turkish version is a translation of the English version.
Last updated on September 9, 2023 10:16am UTC
