Online Terms of Use

Effective Date: 3rd October 2022

These Terms of Use are applicable to your access to and use of www.enfermedical.ie and all other websites and online applications operated by Enfer Medical or its affiliates and subsidiaries (collectively, “Enfer,” “we,” “our,” “us”) that link to or incorporate these Terms of Use (the “Enfer website”).  Please read these Terms of Use carefully.  Your access to and use of the Enfer website and the information, materials, products, tools, and services available through the Enfer website are subject to these Terms of Use, regardless of whether you possess or do not possess an account through the Enfer website linked to your name and/or contact information (“Client Account”).

When you use certain of the Enfer website (e.g. Client Portal), we may provide you with additional Terms of Use relating to that specific Online Service, which will supplement the generally applicable terms of these Terms of Use.  In the event of any inconsistency between these Terms of Use and any Enfer website-specific Terms of Use, the Enfer website-specific terms of use shall govern with respect to your access to and use of that Online Service.

Without prejudice to your rights under applicable law, Enfer reserves the right to amend these Terms of Use to reflect changes in its service provision, technological advancements, legal and regulatory changes, and good business practices. If Enfer changes these Terms of Use, an updated version of these Terms of Use will reflect those changes and we will notify you of such changes by updating the effective date at the top of these Terms of Use. By accessing or using the Enfer website, you agree that you have read, understand, and agree to be bound to the current version of these Terms of Use which you may view when accessing the Enfer website. If you disagree with these Terms of Use, or are dissatisfied with the Enfer website, your sole and exclusive remedy is to discontinue using this Enfer website.

Disclaimers:
You acknowledge and agree that:

Although we strive to provide on the Enfer website the latest information/developments relating to our services and products, and other information about Enfer, we do not warrant the accuracy, effectiveness and suitability of any information contained in the Enfer website. Each person assumes full responsibility and all risks arising from use of the Enfer website. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Enfer reserves the right to make additions, deletions, or modifications to the information contained on the Enfer website at any time without any prior notification.

ENFER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THE ENFER WEBSITES. ENFER HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL ENFER BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE ENFER WEBSITE, AND/OR THE INFORMATION OR CONTENT POSTED ON THE ENFER WEBSITE, REGARDLESS OF WHETHER ENFER HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

Enfer website may contain third party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned websites and online applications.  We provide such third party-owned content and links as a courtesy to our users.  We have no control over any third party-owned websites or online applications or third-party owned content referenced on, linked to from, accessed by, or available on the Enfer website and, therefore, we do not endorse, sponsor, recommend, or otherwise accept any responsibility for such third party-owned websites or online applications (or the availability of such websites or online applications) or third-party owned content.  IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THE ENFER WEBSITE, OR ANY OTHER WEBSITE OR ONLINE APPLICATION) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED IN SUCH third-party owned content OR ON ANY THIRD PARTY-OWNED website or online application LINKED TO FROM THE ENFER WEBSITE.

You acknowledge and agree that we are not responsible or liable for the accuracy; collection, use, disclosure, or protection of information; copyright compliance; legality; decency; or any other aspect of third party-owned websites or online applications that are linked to from the Website Services or the content displayed on or through them.  If you visit third party-owned websites or online applications by clicking links on the Online Services, we encourage you to consult the privacy policy and the Terms of Use of each such website or online application you visit.

The clinical and test information contained within the Enfer website is intended for the use of health care professionals. Health care providers should exercise their own clinical judgement when using our content, tools, or databases.  The information (including, without limitation, advice and recommendations) and services on the Enfer website are intended solely as a general educational aid, guide and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your medical history. Except as expressly stated and agreed upon in advance by Enfer, no director, employee, agent, or representative of Enfer, its subsidiaries, and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through the Enfer website.

If you are a patient or health care consumer, you should not use information found on the Enfer website to replace a relationship with your clinician or other health care professional and should not rely on that information as professional medical advice.  Always seek the advice of your clinician or other qualified health care provider concerning questions you have regarding a medical condition, and before starting, stopping, or modifying any treatment or medication.  In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on the Website Services.

While Enfer attempts to keep all the information on the Enfer website up-to-date, medical diagnostics, treatment and knowledge change quickly, and the Enfer website should not be considered error-free or as a comprehensive source of all information on a particular topic.  Enfer makes no warranties or representations as to the accuracy of the content of the Enfer website, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Enfer website.  Your use of the Enfer website is subject to the additional disclaimers and caveats that may appear throughout these Terms of Use and the Enfer website.  You assume the entire risk of loss in using the Enfer website and materials contained in the Enfer website.

Feature, and specifications of products or services described or depicted on the Enfer website are subject to change at any time without notice.  Registered service users of Enfer will be provided with detailed specifications in relation to the services which they contract to purchase and the terms governing the provision of the services will be incorporated in a Service Level Agreement between Enfer and client.

Enfer intends to update the Enfer website on a regular basis but assumes no obligation to update any of the content.

Your Use:
You understand, acknowledge, and agree to the following:

By using the Enfer website, you agree not to disrupt or intercept our electronic information posted on the Enfer website or on any of our servers. You also agree not to attempt to circumvent any security features of the Enfer website, and to abide by all applicable, local, state, federal and international laws, rules, and regulations.

You grant to Enfer the right to use all content you upload or otherwise transmit to the Enfer website, subject to these Terms of Use in any manner Enfer chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. To the extent allowed by applicable law you waive any moral rights you may have to content you upload or otherwise transmit to the Enfer website (if any).

User Accounts; Security; Services

When you provide information about yourself to us, including when you create a Client Account, you agree to: (a) provide accurate, current, and complete information about yourself, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate, current, and complete.  If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we retain the right to suspend or terminate any Account you establish and/or to refuse any or all current or future use of the Website Services or any portion thereof.

When you create a Client Account, or otherwise use the Online Services (including but not limited to the Enfer website), you may have the option to provide your contact information.  By providing your contact information, you agree to receive communications from Enfer by email, phone call or other electronic mechanisms agreed with you.

You will be required to create a Client Account with us in order to access certain portions of the Enfer website, request test services, and obtain results. You represent and warrant that the information you provide is accurate and complete and where relevant, that consent has been obtained for the provision of said information (e.g. certain patient information). If you provide any information that is untrue or inaccurate, we reserve the right to suspend or terminate your user account. You agree to maintain the confidentiality of, and not to share or distribute, your password or other login information (“Credentials”), to promptly report to Enfer if you know or suspect that your Credentials have been compromised, and to accept responsibility for all activities that occur under your user account.

We employ administrative, technical and physical safeguards against unauthorized disclosure or access to your private data or other personally identifiable information, consistent with the GDPR regulations & policies. However, you acknowledge that such safeguards may be capable of circumvention and Enfer cannot and does not guarantee that sensitive information will not be accessed by unauthorized persons.

No Unlawful or Prohibited Use

You will not use the Enfer website for any purpose that is unlawful, criminal, or in violation of the rights of third-parties. You will not use the Enfer website in any manner that could damage, disable, overburden, or impair the Enfer website or interfere with any other party’s use and enjoyment of the Enfer website.

Intellectual Property:

The information, documents, and related graphics published in the Enfer website (the “Information”) are the sole property of Enfer, except for information provided by third-party providers under contract to Enfer. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Enfer website are used separate from accompanying text. Enfer is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no licence or right, express or implied, is granted to any person under any patent, trademark, or other proprietary right of Enfer. No use of any Enfer trademark, trade names, trade dress, and products in the Enfer website may be made without the prior written authorisation of Enfer, except to identify the product or services of the company.

Privacy and Security:

Enfer is committed to safeguarding your privacy on-line. We understand the importance of privacy to our customers and visitors to the Enfer website.

You recognise and agree that when submitting your personally identifiable information to the Enfer website and where relevant, patient identifiable information, while Enfer has safeguards in place to prevent unauthorised access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORISED ACCESS DESPITE OUR EFFORTS, ENFER SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORISED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF ENFER HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ENFER DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORISED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.

Limitation of Liability:

Enfer does not assume any liability for the materials, information, and opinions provided on, posted to, or otherwise available through the Enfer website. Reliance on these materials, information, and opinions is solely at your own risk. Enfer disclaims any liability for injury or damages resulting from the use of the Enfer website, or the content contained thereon.

THE ENFER WEBSITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON, OR AVAILABLE THROUGH THE ENFER WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL ENFER OR ITS VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “ENFER PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE ENFER WEBSITES, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE ENFER WEBSITE, OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE ENFER WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ENFER AND WHETHER OR NOT ENFER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Enfer Web Sites or these On-line Terms of Use more than one (1) year after such claim or cause of action arose. PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THE ENFER WEBSITE.

General:

You agree that these On-line Terms of Use and the Privacy Policy describe the entire agreement between us with respect to its subject matter. The Enfer website was created and is operated under the laws of Ireland. Irish law will control the terms provided in these On-line Terms of Use. If a court of competent jurisdiction finds that any provision of these On-line Terms of Use is invalid or unenforceable, you agree that the other provisions of these On-line Terms of Use will remain in full force and effect.