FourteenFish Terms of Service

Welcome to FourteenFish. We want you to know and understand your rights and our rights relating to the provision of our Services as defined below. Here is a quick summary:

Your privacy is critically important to us. See how we collect and use your personal information in our Privacy Policy.
You can cancel any subscriptions you create at any time.
You can request that we delete your FourteenFish account at any time.
You are able to change your mind and receive a full refund on any purchases within 14 days, except when booking events which have their own refund policies.
You own any information you submit on our website and via our mobile apps.
There are easy ways to reach us if you have questions or need help.

Terms of Service

The functionality of the FourteenFish website, related mobile applications and services (collectively, the “Services”) are made available to you by Egton Medical Information Systems Ltd trading as FourteenFish with its registered address at Fulford Grange Micklefield Lane, Rawdon, Leeds, LS19 6BA, United Kingdom, subject to these Terms of Service (the “Terms”) and in accordance with the FourteenFish Privacy Policy (the “Privacy Policy”).

You agree to comply with these Terms and any supplemental terms which FourteenFish makes available to you on the Services which shall form part of the Terms. By accessing, using or uploading or downloading any information or materials to or from the Services, or by creating an account, clicking “Register” or any similar mechanism, you are agreeing to the these Terms. If you do not agree to the these terms, do not access or use the Services. If you have already started using the Services and you do not agree to these terms, please contact us and we can delete your account.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to the entity and its affiliates.

The FourteenFish Services cannot be provided and the agreement described in these Terms of Service cannot be performed without FourteenFish processing data about you, and other FourteenFish members. Processing of the data you share with FourteenFish is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.

Registration and Accounts

To use the Services, you must register as a User. You agree to:

provide true, accurate, current and complete information about yourself (“User Data”) and
maintain and update your User Data.

You agree that FourteenFish may use your User Data to provide the Services. If you provide any User Data that is inaccurate or not current, or FourteenFish has reasonable grounds to suspect that such User Data is inaccurate or not current, FourteenFish has the right to suspend your account and refuse use of the Services.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We use reasonable security measures to protect against unauthorised access to your account. You agree to immediately notify FourteenFish of any unauthorised use of your account or password, or any other breach of security.

If you connect your FourteenFish account to a third-party website or app, you agree to comply with the terms and conditions and policies applicable to that third party.

Payments and Fees

Payments

To pay any fee, you must designate and provide information about your preferred payment method (credit card, bank transfer, a third party like iTunes or Google Play, or any other payment method) (the “Payment Method”). If you provide your payment information, you authorise us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may review your Payment Method or remove your payment information by visiting www.fourteenfish.com/payment. If you subscribe to the Services through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account. If your payment provider suspects that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via www.fourteenfish.com/contact.

Fees

In order to access certain functionality of the Services, you may be required to pay either a one-time fee (a “Purchase”) or an ongoing fee (a “Subscription”) depending on the Service you are purchasing. FourteenFish reserves the right to increase Subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice. Fees may be discounted by special agreement or as part of a promotion.

Auto-Renewal

Ongoing fees for Subscriptions will be billed automatically on the anniversary of the original payment date. These fees will auto-renew until your Subscription is terminated. Your ongoing fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your Subscription at any time, as described below.

Refunds

You are able to change your mind and receive a full refund within 14 days (the “Cooling-off Period”). Refunds outside of the Cooling-off Period may be made at the discretion of FourteenFish. This does not apply to events which have their own cancellation and refund policies which are detailed on the detail page for each event.

Cancellation

Cancellation of Services

You may cancel your Subscription by visiting your “Payments” page or by contacting us at www.fourteenfish.com/contact. If you signed up through the Google Play or iTunes store, you may cancel your Subscription by cancelling through the corresponding store. The cancellation of a Subscription will go into effect at the end of your current billing cycle. When your Subscription ends, your User account will remain and you will still be able to access all of your data. You can renew your Subscription at any time without opening a new account, although the Subscription fees may have increased. You can request that we delete your account at any time by contacting us at www.fourteenfish.com/contact.

User Content and Conduct

User Content

You understand that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. FourteenFish does not proactively and routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. FourteenFish may screen, monitor, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FourteenFish be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that FourteenFish is not responsible for Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. FourteenFish will not be liable for any use or disclosure of any Content you provide. The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. FourteenFish will maintain the privacy of such Content in accordance with your selection.

Conduct

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

Copying, framing or mirroring any part of the Services;
Permitting any third party to access the Services though your FourteenFish account;
Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services, unless expressly permitted or required by law, and in any case, without providing prior written notice to FourteenFish;
Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, trojans, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorised use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, accounts or networks of any other party, including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity.
Avoiding payment of charges or fees payable by you with respect to the Services;
Using any automated system to access the Services in a manner that sends more request messages to FourteenFish than a human can reasonably produce in the same period of time by using a conventional web browser;
Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;
Using the Services for any commercial solicitation purposes;
Submitting to the Services or to FourteenFish any information that may be protected from disclosure by applicable law;
Bypassing the measures we may use to prevent or restrict access to the Services;
Violating any applicable law or regulation, or encouraging any conduct that could constitute a criminal offence or give rise to civil liability;
Removing any copyright, trademark or other proprietary rights notices contained in or on the Services.

You are granted a limited, non-exclusive right to create a text hyperlink to the Services, provided such link does not portray FourteenFish or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any illegal, offensive, harassing or otherwise objectionable material.

You understand that use of certain features of the Services may require you to purchase third party equipment or materials (eg. a tablet computer). While FourteenFish may recommend the equipment of certain third party suppliers, FourteenFish shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment will function with the Services.

You represent and warrant that:

you are authorised to create your account, whether individually or on behalf of an organisation;
you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms;
the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party; and
you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services such as images or videos.

Interactions with other Users

Some aspects of the Services function as a venue to connect Users in an online space. As a neutral facilitator, FourteenFish is not directly involved in the actual interactions between members of the Services. As a result, FourteenFish has no control over the truth, accuracy, quality, legality, or safety of postings made by members of the Services. FourteenFish shall have no responsibility to confirm the identity of Users aside from verifying the provided email address by sending an account activation email to that address. You shall at all time exercise common sense and good judgment when dealing with any member of the Services.

If you elect to use our features to inform your contacts about the Services, or share your information with others, FourteenFish may require you to provide contact information. FourteenFish will contact that person via an email and may issue a subsequent reminder email if no action is taken against the original email. You represent that you are authorised to provide any third party contact information that you provide to FourteenFish, that you are authorised to use such information to contact (including for FourteenFish to contact on your behalf) the third party and that FourteenFish may process it pursuant to the Privacy Policy.

Third Parties

Third party products, services and events made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product, service or event, you acknowledge that you are contracting directly with such third party and not with FourteenFish. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of services and events, and any other terms, are solely between you and such third party even if FourteenFish facilitates such payments though the Services. You are not obligated to use or transact business with any third party that appears on the Services. You agree that FourteenFish shall not be liable for any loss or damages of any kind incurred by you as the result of any of your dealings with third party service providers available through the Services.

FourteenFish or third parties may provide links to other internet sites or resources through the Services. FourteenFish does not endorse and is not responsible or liable for any content, information, events, products or other materials on or available from such sites or resources. You acknowledge and agree that FourteenFish is not responsible for the availability of such external sites or resources.

Electronic Communications

The Services may provide you with the ability to send or post messages to forums or chat areas, or send similar messages and communications to third party service providers, your personal contacts, other members and to FourteenFish. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which FourteenFish provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with). By using communications methods available on the Services, you agree that:

communications sent to or received from third parties are not be endorsed, sponsored or approved by FourteenFish (unless expressly stated otherwise by FourteenFish) and
communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by FourteenFish in any manner, though FourteenFish reserves the right to do so at any time at its sole discretion.

You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

Proprietary Rights

You acknowledge and agree that the Services, any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorised by FourteenFish, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you youself submit).

You agree not to access the Services by any means other than through the interfaces that are provided by FourteenFish.

The term FourteenFish, the FourteenFish logo and other FourteenFish product logos and product and service names are owned by Egton Medical Information Systems Ltd, and you may not use or display such names and logos in any manner without FourteenFish’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners. FourteenFish reserves all rights not expressly granted hereunder.

Disclaimer of Warranties and Liability

The information, software, products, services and content available through the Services are provided to you “as is” and without warranty. FourteenFish and its subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. FourteenFish and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that:

the Service will meet your requirements;
your content will be available or the service will be uninterrupted or error-free;
the results that may be obtained from the use of the Service will be accurate or reliable;
the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and
any errors in the services will be corrected.

All information provided by FourteenFish is given in best faith. FourteenFish, its directors, members, agents or its staff will not be held responsible for actions taken by the User, any other individual or organisation as a result of the information provided. FourteenFish make every effort to ensure the information in our education modules is accurate and correct at the time of production, but it is of necessity of a brief and general nature, and should not replace your own good clinical judgement, or be regarded as a substitute for taking professional advice in appropriate circumstances. In particular we recommend you check drug doses, side-effects and interactions for specific patients. Save insofar as any such liability cannot be excluded at law, we do not accept any liability for loss of any type caused by reliance on the information in these modules.

FourteenFish does not endorse your content or any other member’s content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, indirect, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content on the Services.

Indemnity

You agree to indemnify and hold FourteenFish and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand including reasonable fees made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Your rights with respect to FourteenFish are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.

Dispute Resolution

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.

Any action related to the Terms, Content, the Services, and your relationship with FourteenFish shall be governed by, and construed and interpreted in accordance with, the laws of the courts of England and Wales.

Termination

You agree that FourteenFish may, under certain serious circumstances and without prior notice, immediately terminate your access to the Services. Cause for such termination shall include, but not be limited to,

breaches or violations of the Terms or other incorporated agreements, policies or guidelines,
requests by law enforcement or other government agencies,
a request by you (self-initiated account deletions),
discontinuance or material modification to the Services (or any portion thereof),
nonpayment of any fees owed by you in connection with the Services.

Further, you agree that all terminations for cause shall be made in FourteenFish’s sole discretion and that FourteenFish shall not be liable to you or any third party for any termination of your account or access to the Services.

General

You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and FourteenFish as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and FourteenFish with respect to your use of the Services. The failure of FourteenFish to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of FourteenFish. FourteenFish has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfil its duties and obligations under these Terms and in connection with the Services. FourteenFish’s notice to you via email, postal mail, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Modification of the Terms and Services

Certain provisions of the Terms may be supplemented or superseded by legal notices or terms located on particular pages on the Services. FourteenFish reserves the right to update the Terms at any time and for any reason in its sole discretion. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

FourteenFish and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. FourteenFish mobile applications may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. FourteenFish reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that FourteenFish shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Support and Questions

We will respond to any questions regarding the Services and these Terms via www.fourteenfish.com/contact. We generally respond to support requests within one working day after the request is placed. You can also call us during normal UK working hours on 01794 231414.