End User Terms
These end user terms (Terms) apply to your access to and use of the healthcare simulation product and associated services provided by VMC (together the Service) and other information, resources, and tutorials provided by VMC. In these Terms, “us”, “we”, “our”, and “VMC” refers to Spatial Computing Solutions Limited (NZCN 5808402), trading as Virtual Medical Coaching.
By accessing or using the Service, you acknowledge and agree that you have read, understood and accepted these Terms. If you do not agree with any of these Terms, you must not use the Service or any information, resources and tutorials made available by VMC.
1. Access to, and use of, the Service
1.1 Where we provide access to the Service, we do so subject to these Terms as well as other terms and conditions notified by us to you.
1.2 You must obtain valid log in credentials before you access the Service. You must select a secure password for your account and keep it secret.
1.3 Your account is personal to you and only you may utilise your account to access the Service. To have an account with us you:
- must have legal capacity to enter into legally binding commitments in your jurisdiction. Depending on where you are located, this may mean you need to be of a certain age; and
1.4 When using the Service, you must comply with all applicable laws. You are responsible for all action taken using your account. You agree to notify us immediately if you suspect your account has been compromised.
2. Restrictions on use
2.1 You must not:
- use or try to use another user’s account;
- buy, sell, or otherwise trade any username or other unique identifier for the Service;
- rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the Service;
- provide or otherwise make available the Service in whole or in part (including object and source code), in any form to any person without our prior written consent;
- use the Service to create, transmit, distribute, or store material that violates a trade mark, copyright, trade secret, or other intellectual property right of others, or violates the privacy, publicity, or other personal right of others;
- use the Service to generate obscene, offensive, or inappropriate content;
- cause technical disturbances to the Service, including introduction of viruses, worms, malicious code, or other destructive mechanisms;
- create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any of our users, employees, or officers;
- remove any marks showing proprietary ownership from materials you download from the Service;
- show any part of the Service on any other website without our prior written consent;
- disable, avoid, or circumvent any security or access restrictions of the Service;
- strain infrastructure of the Service with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the Service; or
- encourage or help anyone to violate these Terms.
3. Content and licence
3.2 You must not submit, upload or add content to the Service that:
- is untrue, false, inaccurate or likely to be misleading;
- is illegal, offensive, or otherwise harmful to others. This includes content that is harassing, inappropriate, or abusive;
- violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have with others; or
- contains malicious computer code, such as computer viruses or spyware.
3.3 We reserve the right to delete any content on the Service that we deem, in our sole discretion, to violate the above content guidelines or any other provision of these Terms. We do not guarantee to you that you will have any recourse through us to edit, delete, or recover any content you have submitted.
3.4 You grant us a worldwide, non-exclusive, royalty-free, transferable right and licence to use, store, reproduce and display any content you upload or add to the Service in any form, medium or technology as we deem appropriate.
4. Changes to the Service
4.1 We reserve the right to modify, add, or remove parts of the Service at any time. We may introduce improvements and new features from time to time into the Service, some of which will be made immediately available.
4.2 We will not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Service or any part of it.
5. Suspension and termination
5.1 If we consider in our sole discretion that you have breached any of these Terms we may immediately and without notice to you take all or any of the following actions:
- issue of a warning to you;
- immediate, temporary or permanent withdrawal of your right to use your account or place any restriction on your access the Service (or part of it);
- immediate, temporary or permanent suspension of your account; and/or
- disclose such information to law enforcement authorities as we reasonably feel is necessary.
6. Deactivating your account
6.1 Your account can be deactivated at any time by following the deactivation process advised by your education provider. This will mean:
- your account will be deactivated and can no longer be accessed;
- all of your rights granted under these Terms will immediately come to an end; and
- all of your content may, at our option, be deleted from our systems.
7.1 While we take reasonable precautions to ensure the accuracy of content in the Service at the time of creation, the Service are provided "as is" and “where available”. To the fullest extent permitted by law, the Service are made available without any warranty, including no warranty of merchantability or fitness for a particular purpose.
7.2 We make no representation or warranty as to the availability, accuracy, completeness, timeliness or reliability of the information provided in connection with the Service, including without limitation in respect of:
- any errors, mistakes or inaccuracies;
- any action you take, fail to take, due to or in reliance on any information contained in the Service or referred to by us;
- personal injury or property damage of any kind resulting from your access or use of the Service; and
- any interruption of your use of the Service.
8. Intellectual Property
8.1 The Service and its content are protected by copyright, trade mark and other intellectual property rights owned by us and our licensors. All rights are reserved. These Terms do not grant you any rights in connection with the Service, except to use the Service as specified in these Terms.
8.2 You must not, without our prior written authorisation (which we may give or withhold at our sole discretion and pursuant to further terms and conditions):
- use, reproduce, duplicate, reverse engineer, modify, alter, disassemble, decompile or amend any such intellectual property or any underlying materials in any way, directly or indirectly; or
- assert ownership or rights in, exploit, sell or seek to generate profit from any of our intellectual property rights in or associated with the Service; or
- copy, reproduce, republish, or distribute any content from us, for any reason whether in public, for commercial purposes or otherwise.
8.3 Where you provide any suggestions or feedback to us about the Service, you disclaim all ownership or rights over such suggestions and feedback and acknowledge that we may freely use and disclose all such suggestions and feedback as we see fit for any purpose.
9.1 To the maximum extent permitted by law, neither us nor our directors, officers and employees will be liable in contract, tort (including negligence) or otherwise to you for any direct, indirect or consequential loss or damage arising out of or in connection with your use of the Service, including (without limitation) loss or damage you might suffer.
10.1 You shall indemnify and hold harmless, us, our agents, affiliates, directors, officers and employees from and against any and all third party claims, liabilities, losses and expenses (including all associated actual legal costs), due to, arising out of or in connection with, your:
- use of the Service;
- violation of these Terms; or
- violation of any law or the rights (including intellectual property rights) of a third party.
10.2 You acknowledge and accept that we may, at our option, control the investigation, defence and settlement of legal claims arising out of or in connection with your use of the Service and you shall cooperate with us in respect of such investigation, defence and/or settlement where reasonably requested.
11.2 If you do not allow our cookies, some pages may not operate as intended and you may not be able to access certain information, downloads or tutorials.
12. Third Party Content
12.1 The Service may contain links to other websites or services that are not owned or controlled by us. Those websites and services are not under our control. We are not responsible for, make no representations or warranties in relation to, and do not endorse the content of those linked websites and services and provide them solely for your information and convenience.
13. Other terms
Other than content you own, which you may have opted to include on this Website, under these Terms, Virtual Medical Coaching and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
13.1 These Terms (together with any other terms and conditions notified by use to you) constitute the entire agreement between us and you in respect of your use of the Service.
13.2 Wherever you are in the world, these Terms are governed by and to be interpreted in accordance with the laws of New Zealand. You and we agree to the non-exclusive jurisdiction of the New Zealand courts.
13.3 Any delay or failure to enforce our rights under these Terms does not mean we have waived those rights.
13.4 We may amend these Terms from time to time by posting an updated version online. By continuing to use the Service after any changes to these Terms, you are deemed to have accepted and shall be bound by the updated Terms.