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Terms and Conditions ATOS | UNiDAYS

TERMS OF USE AGREEMENT

PLEASE READ THESE TERMS OF USE CAREFULLY, BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

This Terms of Use Agreement (“Terms of Use” or “Terms of Use Agreement”) governs your access and use of the software, applications, and services as described below.

Ownership and Purpose of the Websites and Applications

Myunidays, Limited (“Unidays”) together with Atos Limited (“Atos”) owns and operates websites and applications related to electronic medical records (“EMR”), software for EMR and healthcare practice management (“EMR Software”), and other related online products and services. These products and services include FormFile, and other portals powered together by Unidays and Atos, and any other current or future websites or mobile access or applications. All such portals, websites, and applications are collectively referred to herein as the “Services.”

The purpose of the Services is to provide a secure network that will assist students in applying for their general practitioner registration, low-income support and council tax exemption online and/or from their mobile devices in order to assist them in obtaining improved quality, savings, and efficiency. This includes providing a means of interacting with government agencies and general practitioner offices. The Services may interact with other websites, applications, and portals owned and operated by both Unidays and Atos (the “Affiliated Services”). You understand that Your applications are not guaranteed to be accepted and Your access to the Services are not guaranteed. Terms and Conditions

These Terms of Use are a legally binding agreement made by and between Unidays, Atos and You (“You” and as the context provides, “Your” and “Yourself”). These Terms of Use govern Your access and/or use of the Services and You should read them carefully. This Terms of Use Agreement shall remain in effect at all times until You email us at: support@formfile.co.uk to delete Your account and all Your information from our system. But please keep in mind that if You have already submitted your application, neither Unidays nor Atos can delete the information that was submitted.

BY REGISTERING FOR ACCESS, ACCESSING, OR USING THE SERVICES, AND REGISTERING FOR ACCESS, ACCESSING, OR USING ANY RELATED APPLICATION(S), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS, DOWNLOAD, OR USE THE SERVICES OR ANY RELATED WEBSITES OR APPLICATIONS.

Unidays and Atos reserve the right, at their sole discretion, to make changes to portions or all of these Terms of Use and the Privacy Policy at any time. You are responsible for checking these Terms of Use and the Privacy Policy periodically for changes. Your continued use of the Services means that You agree to any new or modified provision of these Terms of Use or the Privacy Policy accessible through the Services.

Access and Use of the Services

The Services are only intended to be used by individuals holding a valid, verified Unidays account that are currently attending Nottingham Trent University or the University of Nottingham as full-time students and wish to use the Services’ functionality in connection with their application for medical care, council tax and financial assistance. To begin use of the Services, You may be asked to provide information about Yourself. If You are under 18 years old, you may not use the Services. To use the Services, You must be within the postcode boundaries of Nottingham City Council, United Kingdom. To access or use the Services, You may be required to provide Unidays and Atos with information relating to Your identity and certain other information, including Your email address. By submitting such information to Unidays and Atos, You hereby certify that any and all information provided to Unidays and Atos by You is true and correct and You authorize Unidays and Atos to use any method each may choose to verify the truth and accuracy of the information that You provide to the extent Unidays or Atos needs to do so to protect its rights or other users of the Services. Failure to provide truthful and accurate information to Unidays or Atos may result in termination of Your access to the Services.

The Services requires a valid, working email address and other information to initially set up Your access to the Services. Additionally, You will be required to create a username and password to securely access the Services. You are solely responsible for maintaining the strict confidentiality of Your username, password, and/or PIN to access the Services. You may not allow another person to use Your credentials to access the Services. You will be solely responsible for any damages or losses that may be incurred or suffered as a result of Your failure to maintain the strict confidentiality of Your username and password. You should immediately inform Unidays and Atos in writing of any need to deactivate Your account due to potential or actual security concerns. Neither Unidays nor Atos will be liable for any harm related to the misappropriation of Your username, password and/or PIN, Your intentional or negligent disclosure of such items to another person, or Your authorization to allow another person or entity to access and use the Services under Your log-in credentials. You agree that you will not register for more than one account for any specific service, including each website and application which may be available. You are prohibited from creating or utilizing alter-egos or other disguised identities when accessing the Services. All forms of indirect and “spoofed” access are strictly prohibited.

Unidays and Atos use the means they believe to be reasonable to provide access to the Services 24 hours a day, 7 days a week, except in the case of natural disasters, events beyond Unidays and Atos’s control, and any repair or maintenance operations required for quality or improvement of the Services. Neither Unidays nor Atos shall be liable for any failure or deficiency in the performance of the Services for any reason, including but not limited to maintenance, breakdown or any event beyond Unidays or Atos’s reasonable control including, without limitation: Internet outage, interruption of service, labor disturbance, natural disaster, technological disaster, terrorism, or war.

You acknowledge that data conversion and transmission are subject to the likelihood of human and machine errors, omissions, delays and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. Neither Unidays nor Atos shall be liable for any such errors, omissions, delays, or losses. You understand and agree that use of or connection to the Internet through the Services and/or use of mobile devices is inherently insecure and that connection to the Internet and/or use of mobile devices provides opportunity for unauthorized access by a third party to computer systems, mobile devices, networks, and any and all information stored therein. All information transmitted and received through the Services, the Internet, or through mobile devices is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Neither Unidays nor Atos shall be responsible for any adverse consequences whatsoever of Your connection to or use of the Services, the Internet, or mobile devices, and shall not be responsible for any use by You of an Internet connection in violation of any law, rule, or regulation, or any violation of the intellectual property rights of another.

Medical Disclaimers; No Provider/Patient Relationship; Provider Information

Use of the Services and/or any information or content that is included on or transmitted through the Services is not intended to and will not create any healthcare provider/patient relationship of any kind involving Unidays, Atos or its affiliates – this shall be true whether a You or other users are utilizing any provider location services, links to Affiliated Services or applications, or other websites and any other manner in which the Services may assist You or other users in locating a medical professional.

Communications between patients and healthcare providers may not occur, and cannot be guaranteed to occur, in real-time.

Any content available on or through the Services is for informational purposes only and is not a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients. Neither the content nor any other service offered by or through the Services is intended to be a substitute for medical diagnosis or treatment. Neither Unidays nor Atos recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on or transmitted through the Services (regardless if the foregoing is mentioned or transmitted by healthcare providers). Your reliance upon any information obtained or used by You is solely at Your own risk. Neither Unidays nor Atos shall be responsible for the accuracy of any information or content provided or sent by You or other users of the Services. You are responsible for verifying the accuracy of any information You send or receive through the Services, including any of Your patient health information, financial data, or records.

Neither Unidays nor Atos shall be liable in any way to You for any decision You make or any actions that occur in connection with the use of the Services in locating and/or starting a relationship with a medical professional, bank account or financial assistance. Unidays and Atos have no control over, and cannot guarantee the availability of, any provider that is a part of the Services at any particular time. Unidays and Atos will not be liable or responsible in any way for canceled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever.

You are strongly advised to perform an independent investigation prior to selecting a healthcare professional by contacting the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular doctor or other healthcare provider (each, a “Provider”) by confirming with the Provider’s office and Your current Provider, and consulting other sources as may be appropriate.

Unidays and Atos make the Services available as a service to consumers and Providers for the purposes of providing an informative resource. Unidays and Atos may, but have no obligation to, review content posted on the Services. It is important to note that the timeliness and accuracy of any or all of the content are not guaranteed. Neither the authors (whether users of the Services or not), Unidays, Atos, nor any other party who has been involved in the preparation or publication of any content can guarantee that such content is accurate or complete and are not responsible for any errors or omissions or for the results obtained from the use of such content.

The services discussed and/or advertised within the Services are not applicable to all individuals. Unidays and Atos make no claims as to the effectiveness of any such services or products. Any products and/or services represented on the Services by advertisers, sponsors, and other participants, either paid or unpaid, are presented for Your awareness only and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.

Compliance with Laws; Transmission of Data

With respect to its operation of the Services, and to the extent required by the regulations promulgated thereunder, collectively referred to herein as the “Privacy Laws”, Unidays and Atos will fully comply with the Privacy Laws applicable to business associates and maintain the confidentiality of any Protected Health Information (as defined by the Privacy Laws) (“PHI”) transmitted or made available through the functionality of the Services or the Affiliated Services. You understand and agree that this Terms of Use Agreement may be amended from time to time if necessary to comply with the Privacy Laws. The requirements of this Section will survive the termination of Your use of the Services.

When You use the Services to upload, transmit, or receive PHI, You agree that, to the extent applicable, You shall comply with all applicable laws including, but not limited to, the Privacy Laws. You represent and warrant that You will, at all times, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. You agree that Unidays and Atos, and all others involved in the operation of the Services, have the right to monitor, retrieve, store, review, and use PHI, if applicable, in connection with the transmission of any PHI.

To the extent permissible under the Privacy Laws and any other applicable laws of England and Wales, You hereby grant to Unidays and Atos a perpetual, unlimited license to use the data and information that is compiled or passes through the Services that specifically relates to You, Your patient care, Your Provider’s procedures or diagnoses, or insurance provider procedures, policies, coverage, or payments, and any related information (collectively, the “Client Data”), in a de-identified format as defined under the Privacy Laws for data benchmarking, sharing, warehousing, resource utilization, and similar data analysis services; provided, however, that Unidays and Atos shall comply with the Privacy Laws in connection with any such actions.

UNIDAYS AND ATOS CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PHI OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SERVICES WHETHER TO A PROVIDER LOCATED USING THE SERVICES OR OTHERWISE. UNIDAYS AND ATOS RESERVE THE RIGHT TO AMEND OR DELETE ANY UPLOADED CONTENT (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE SERVICES) THAT IN UNIDAYS AND ATOS’S SOLE DISCRETION VIOLATES ANY PROVISIONS OF THIS SECTION OR THE TERMS OF USE IN GENERAL.

Prohibited Conduct

You may only use the Services for lawful purposes. In Your access and use of the Services, You agree that You will not: (i) interfere or attempt to interfere with, or damage or attempt to damage, the Services in any manner, including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology; (ii) use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services; (ii) misrepresent Your identity, provide false information, impersonate another person or entity, misrepresent Your affiliation with a person or entity, including, without limitation, Unidays or Atos, create or use a false identity, or attempt to use another user’s account; (iv) attempt to obtain unauthorized access to any website or mobile device application through the Services; (v) engage, directly or indirectly, in transmission of chain letters, junk mail, spam, or any other type of unsolicited solicitation; (viii) collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users of the Services without their express consent or other information relating to the Services; (vi) engage in any activity that interferes with any third party’s ability to use or enjoy the Services; (vii) probe, scan or test the vulnerability of the Services or any network connected to the Services, or breach the security or authentication measures on the Services or any network connected to the Services; (viii) rent, lease, sub-license, loan, provide, or otherwise make available, the Services in any form, in whole or in part to any person without prior written consent from Unidays and Atos; (ix) translate, merge, adapt, vary, alter or modify, the whole or any part of the Services, nor permit the Services or any part thereof to be combined with, or become incorporated in, any other programs, except as necessary to use the Services on devices as permitted in these terms; (x) disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Services nor attempt to do any such things except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Services to obtain the information necessary to create an independent program that can be operated with the Services or with another program, and provided that the information obtained by You during such activities is not disclosed or communicated without Unidays or Atos’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the permitted objective and is kept secure and only for the permitted objective; (xi) assist any third party in engaging in any activity prohibited by these Terms of Use.

Links To Third Parties

In addition to the foregoing advertising, Unidays and Atos, through the Services or the contact information You have provided, may contact You regarding certain offers, products or services of Unidays or Atos or other of its partners that Unidays and Atos believe may be beneficial to You. You understand and agree that Unidays or Atos may contact You in this manner. You will also have the authority to opt out of such use at any time by contacting us at support@formfile.co.uk.

The Services may also contain links to the websites of unrelated third party companies or links to other websites or mobile applications (collectively, “Linked Sites”).

Neither Unidays nor Atos own nor control the Linked Sites and therefore assume no responsibility and make no warranties or representations with respect to the availability of these websites or mobile applications, their content, advertising material, and the products or services available at or through the Linked Sites. Neither Unidays nor Atos endorse any Linked Sites, nor are they to be bound by the terms and conditions, if any, of such Linked Sites, and the existence of a Linked Site does not mean that neither Unidays nor Atos has any affiliation, connections, endorsement, or sponsorship of such websites and mobile applications or their owners or operators. References or hypertext links made or included on the Services to any names, logos, or marks of third parties, including, without limitation, the Linked Sites’ partners or Linked Sites’ products and services, do not constitute or imply our endorsement, sponsorship, or recommendation. Neither Unidays nor Atos accepts any liability for any direct or indirect damage that may result from Your visit to a Linked Site, or from Your use of the contents, products or services of these websites, mobile applications, or their owners or operators. Your use of a Linked Site will be subject to that Linked Site’s terms of use, privacy policies, and other practices. We undertake no obligation to inform or update You regarding the terms and conditions of access, use or service, or the privacy policies of Linked Sites.

You acknowledge and agree that neither Unidays nor Atos shall be responsible or liable for the content or conduct of, associated with, or related to any Linked Site, and, accordingly, Your access and use of any Linked Site shall be solely at Your own risk. If You have any questions or concerns regarding any Linked Site, You should review any terms and conditions and privacy policy maintained by that Linked Site, or contact the applicable party or their website administrator.

Privacy

The Services’ Privacy Notice applies to the use of the Services, its terms are hereby incorporated and made a part of these Terms of Use, and it can be accessed through the Services.

Your Representations, Warranties, and Indemnification to Unidays and Atos

You represent, warrant, and covenant to Unidays and Atos that: (i) You have the full power and authority to enter into and perform Your obligations under these Terms of Use; (ii) Your assent to, and performance of, Your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable laws of England and Wales; (iii) You are able to form a legally binding contract, and these Terms of Use constitute a legal, valid, and binding obligations on You, enforceable in accordance with their terms; (iv) You will not infringe the patent, copyright, trademark, trade secret, right of privacy, right of publicity, or other intellectual property or proprietary right of Unidays, Atos, or any third party in Your use of the Services or any Affiliated Services; (v) You have provided complete, truthful, and accurate information about Yourself for purposes of downloading, joining, and using the Services; (vi) You are not using, and will not use, the Services, any Affiliated Services, or any information contained therein for any improper, harassing, or unlawful purpose; and (vii) You will comply with all applicable laws in Your use of the Services and the Affiliated Services, including these Terms of Use.

You agree to indemnify and hold Unidays, Atos, and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, and managers (“Indemnified Parties”) harmless from any and all damages, losses, costs, or expenses (including without limitation, attorney’s fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by You of any provision of these Terms of Use; (ii) arising from, related to, or connected with Your use of the Services, any Affiliated Services and/or its content; or (iii) arising from, related to, or connected with Your non-compliance with any laws including, but not limited to, the Privacy Laws.

Disclaimers, Exclusions and Limitations

As used below in this section, “Unidays” and “Atos” refers to Unidays Limited and Atos Limited, respectively, and each of its respective owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, volunteers, and suppliers.

DISCLAIMER OF WARRANTIES

THE SERVICES, CONTENT AND ANY INFORMATION INCLUDED ON OR PROVIDED THROUGH THE SERVICES OR THE AFFILIATED SERVICES (INCLUDING ALL RELATED WEBSITES AND APPLICATIONS) ARE PRESENTED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE EXTENT ALLOWED BY LAW, UNIDAYS AND ATOS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF NEGLIGENCE OR WORKMANLIKE EFFORT.
WITHOUT LIMITING THE FOREGOING PROVISIONS:
(1) YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SERVICES AND/OR THEIR CONTENT TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM, THE SERVICES AND/OR THEIR CONTENT;
(2) NEITHER UNIDAYS NOR ATOS MAKE ANY REPRESENTATION OR WARRANTY THAT THE SERVICES, ANY AFFILIATED SERVICES AND/OR ANY CONTENT WILL BE ERROR-FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE SERVICES, ANY AFFILIATED SERVICES AND/OR THEIR CONTENT WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT (MOBILE OR OTHERWISE) OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED;
(3) NEITHER UNIDAYS NOR ATOS MAKE ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION OBTAINED FROM THIRD PARTY SOURCES (INCLUDING, BUT NOT LIMITED TO, ANY USERS OF THE SERVICES) USED ON OR WITHIN THE SERVICES OR ANY AFFILIATED SERVICES OR RECEIVED IN CONNECTION WITH CONVERTING OR TRANSMITTING ANY DATA RECEIVED IN DIFFERENT FORMATS IS ACCURATE, TIMELY, OR ERROR FREE, AND NEITHER UNIDAYS NOR ATOS IS RESPONSIBLE IN ANY WAY FOR THE INFORMATION OBTAINED FROM SUCH SOURCES;
(4) NEITHER UNIDAYS NOR ATOS MAKE ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED BY USERS TO GAIN ACCESS AND PERMISSION TO USE THE SERVICES, ANY AFFILIATED SERVICES, OR OTHER INFORMATION POSTED BY USERS IS ACCURATE OR ERROR FREE; AND
(5) NEITHER UNIDAYS NOR ATOS MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE SUITABILITY OF ANY PERSONS PARTICIPATING IN THE SERVICES OR THE AFFILIATED SERVICES OR REGARDING THE CHARACTER OR INTEGRITY OF SUCH PERSONS.
THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL UNIDAYS, ATOS OR THIRD PARTIES MENTIONED ON THE SERVICES OR THE AFFILIATED SERVICES (AND ALL RELATED WEBSITES AND APPLICATIONS) BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY CHARACTER WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICES, THE AFFILIATED SERVICES, RELATED WEBSITES AND APPLICATIONS, AND/OR THEIR CONTENT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY UNIDAYS, ATOS, OR THIRD PARTIES MENTIONED ON THE SERVICES OR ANY AFFILIATED SERVICES (OR RELATED WEBSITES AND APPLICATIONS), AND EVEN IF UNIDAYS, ATOS, OR THIRD PARTIES MENTIONED ON THE SERVICES OR ANY AFFILIATED SERVICES (OR RELATED WEBSITES AND APPLICATIONS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Violation of These Terms of Use
You agree that Unidays or Atos may, in their sole discretion and without prior notice, terminate Your access to the Services and/or any related websites or applications if either Unidays or Atos determine in their sole discretion that You have violated these Terms of Use.

Unidays and Atos may disclose any information it has about You, including Your identity, if they determine that such disclosure is necessary as part of any investigation or complaint regarding Your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with Unidays or Atos’s rights or property, or another person’s rights or property. Unidays and Atos reserve the right to disclose any information they deem necessary to comply with any applicable law, regulation, or governmental rule, and also when it determines that applicable law permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Unidays and Atos may preserve any communication by You with Unidays or Atos through the Services and/or the Affiliated Services or any service offered on or through the Services and/or the Affiliated Services, and may disclose such communications when required by law or if Unidays or Atos deem that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to a claim that any communication, information posted on the Services, the Affiliated Services, or content violates the rights of others; or (4) protect the rights, property or personal safety of Unidays, Atos and its respective employees, users of or visitors to the Services and/or the Affiliated Services, and/or the public.

If Unidays or Atos take legal action against You as a result of Your violation of these Terms of Use, Unidays or Atos will respectively be entitled to recover from You, and You agree to pay all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to Unidays or Atos, respectively. You agree that neither Unidays nor Atos will be liable to You or to any third party for termination of Your access to the Services and/or the Affiliated Services or removal of any communication or posting of information by You, or the contents thereof, as a result of any violation of these Terms of Use.

Void Where Prohibited

Unidays and Atos reserve the right to limit, in their sole discretion, the provision and quantity of any Service, content, feature, or product to any person or geographic area, whether by reason of the local laws applicable in such geographic area or otherwise. Any offer for any feature, product, or service made on the Services and/or the Affiliated Services is void where prohibited.

Modification or Termination of the Services

Unidays and Atos may, in their sole and absolute discretion and without any liability, change, discontinue, make improvements to, modify, or suspend, any aspect or all of the Services and/or the Affiliated Services, temporarily or permanently, at any time and for any reason without prior notice. Other than as may be required by law, Unidays and Atos are under no obligation to retain a record of Your Account or any data or information that You may have used, disclosed, processed, retrieved, transmitted, or viewed on the portal.

Governing Law; Jurisdiction; Arbitration

This Terms of Use Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Terms of Use Agreement or its subject matter or formation.

Any dispute arising out of or in connection with this Terms of Use Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.

The number of arbitrators shall be one. The seat, or legal place of arbitration shall be London, UK. The language to be used in the arbitral proceedings shall be English. The governing law of these Terms of Use shall be the substantive law of England and Wales.

Miscellaneous If any provision of these Terms of Use are ruled by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best furthers the intent of these Terms of Use, with all remaining provisions remaining in full force and effect. These Terms of Use constitute the entire agreement between You and Unidays and Atos with regard to Your access and use of the Services and/or the Affiliated Services.
Unidays and Atos may collectively or individually assign their rights, in whole or in part, in the Services and/or the Affiliated Services in accordance with its sole discretion. Neither Unidays’s nor Atos’s failure or delay to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver of any provision or any right that either Unidays or Atos has to enforce these Terms of Use. These Terms of Use do not confer any rights or remedies on any third parties.
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