Terms of Use for Explain my Procedure ®

  1. ExplainmyProcedure® is a platform for viewing innovative animations, in multiple languages, to bring out the benefits, risks and alternatives of commonly performed medical/surgical procedures to support communication and decision making around consent. It does not replace the duty of a doctor or a doctor’s employer to ensure that a patient is properly informed before consent for a medical/surgical procedure. ExplainmyProcedure® was created/founded by Professor David Wald (hereinafter referred to as ‘the Founder’) and copyright on all content relating to ExplainmyProcedure® (hereinafter ‘the Content’) and trade mark rights in relation to ExplainmyProcedure® are now owned, controlled and administered by Explain My Procedure Ltd (Registered UK Company No 12365177, and hereinafter referred to as ‘the Company’).
  2. If you are using ExplainmyProcedure® you agree to the Terms of Use specified here.
  3. These Terms of Use (hereinafter ‘the Terms’) govern your and your patients’ use of the Content accessed through ExplainmyProcedure.com, its customised sites and any media used to display the Content.
  4. By accessing the site or arranging for the site to be accessed by your patients you agree to comply with, and be legally bound by, the Terms. If you do not wish to be legally bound by the Terms you must not access the site or provide access to your patients.
  5. You may only use ExplainmyProcedure® in connection with treatment being provided to a patient under your care or your Employer’s care. Such use shall include searching the site and viewing the animations or viewing the animations on other electronic media in connection with treatment being provided to that patient. You may not otherwise make use of ExplainmyProcedure® or distribute it for any other reason or to any other person.
  6. ExplainmyProcedure® is registered as a UK Trade Mark under No. 3405294. You are obliged to use ExplainmyProcedure® and acknowledge the Registered Trade Mark on all documents, media, communications relating to use of ExplainmyProcedure® and its content. You will not remove or conceal any proprietary notices on any part of the site or any of the Content.
  7. ExplainmyProcedure® and the Content are provided to you for the specified use and for a specified time, as set out in the Deal Sheet and the Founder and the Company shall have no liability to you or your patients whether for breach of contract, negligence or otherwise in relation to your use of it. You should note in particular that neither ExplainmyProcedure® nor any of the Content is intended to constitute:
    1. A definitive or complete statement of any surgical and/or medical procedure, its benefits, risks and alternatives; nor
    2. Medical and/or surgical advice in any specific situation.
  8. You agree to stop using ExplainmyProcedure®, for your use or otherwise, and the use of your patients at the end of the specified time period unless this has been agreed in writing by the Company and subject to further agreement, or immediately if you are in breach of any of these Terms.
  9. It is your responsibility to ensure that the content in ExplainmyProcedure® is updated when updates are needed. If you or your employer’s practice differs or changes from that described in an ExplainmyProcedure® animation such that, in your view, a change to the animation is needed, it is your responsibility to request an update/modification. ExplainmyProcedure® will make reasonable efforts to undertake updates/changes, all costs relating to such requested updates/changes being borne by you.
  10. There is no guarantee that the ExplainmyProcedure® website, or any content on it, will always be available or be uninterrupted. Access to the site is permitted on a temporary basis. The website or its content may be suspended, withdrawn, discontinued or changed without notice. Neither the Company nor the Founder will be liable to you if for any reason the site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you and your patients to have access to the site.
  11. The Company and the Founder do not guarantee that the site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the site. You should use your own virus protection software.
  12. The Company and the Founder will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the ExplainmyProcedure® site or viewing any content on it, or on any website linked to it. The Company and the Founder assume no responsibility for the content of websites linked on its site. Such links should not be interpreted as endorsement of those linked websites. The Company and the Founder will not be liable for any loss or damage that may arise from your use of them.
  13. You may not create a link to any page of the ExplainmyProcedure® website without prior written consent from the Company.
  14. The Company may change these Terms at its/their discretion, such changes will be effective from the next time you use ExplainmyProcedure® or the Content.
  15. These Terms are governed by the laws of England.