Clinical Users terms and conditions
Clinical Users terms and conditionsEnd user terms and conditions

Clinical Users terms and conditions

Scan.com API Terms of Service

Effective: 18 July 2022

These Scan.com API Terms of Service (the "API Terms") together with our Privacy Policy form a binding legal agreement (the “Agreement”)  by and between National MRI Scan Limited trading as “scan.com” (“Scan.com,” “we,” “us”) and you, the individual or legal entity upon whose behalf you are contracting, (“you,” “your”) on the terms described below.  

This Agreement applies where you:

  1. operate an account or application (“Application”) hosted on a third-party or white-label website, application or platform (“Platform”) that integrates an API that fetches or pushes data from or to uk.scan.com (the “Scan.com API”), and enables you to access and make calls with the Scan.com API as part of your Application; and

 

  1. you use and make calls with the Scan.com API, and/or enable end users of your Application (“End Users”) to use and make calls with the Scan.com API, as part of your Application.

You may not use, make calls with or otherwise access or distribute the API as part of your Application unless you agree to comply with all of the terms and conditions in the Agreement. If you do not understand any of the terms and conditions in the Agreement, please contact us at [email protected].  before accessing or making available the API as part of your Application.

You may view at any time up-to-date copies of the API Terms here  and Privacy Policy here.

This introduction forms part of your agreement with us.

  1. About us

  1. National MRI Scan Limited, trading as scan.com, is a private company limited by shares incorporated and registered in England and Wales with company number 10674268, and registered office address at 19 Bellefields Road, London, England, SW9 9UH.

  1. Our API and the API Services

  1. The Scan.com API enables you and your End Users to fetch and display live data (the “API Data”) from uk.scan.com to your Applications by way of an API Call (“API Call”) as to the availability of diagnostic scan imaging appointments, and to submit data from your Application to uk.scan.com so as to schedule and submit payment for such appointments (the “API Booking Form”).

  2. The API further enables communication events to be triggered within the Application, so that your employees, staff and otherwise personnel (“Your Personnel”) can push personalised email notifications incorporating patient fields (such as name, phone and email address) and attached with a URL link to the Application Booking Form to any End User who is recommended to undertake a diagnostic scan appointment (the “API Email Push.).

  3. We refer to the Scan.com API, API Booking Form, API Call, API Data, API Email Push (and any ancillary services or materials connected with the foregoing) together throughout this agreement as the “API Services.” You may not use or make available the API Services and may not accept t

  4. Where the API Services are made available to you as part of any Application hosted on a third-party or white-label Platform, this means that Scan.com has entered into a contract (the “Scan.com – Platform Contract”) with the proprietor of that Platform (the “Platform Operator”) whereby the Platform Owner has been granted permission to access and use the API Services as part of the Platform.

  5. Under the terms of the Platform Contract, the Platform Operator is licensed to grant you and Your Personnel access to and use of the API Services as part of your Application, subject to your entry into, observance of and compliance with these API Terms of Service, as well as any further terms and conditions imposed on your directly by the Platform Operator (“Platform Terms and Conditions”).

  6. The API Services that are available and the manner in which the API Services are delivered may vary depending on the type of device and operating software being used, the Platform Terms and Conditions and the relevant users’ internet service provider.

  1. Eligibility

  1. You may not use or make available the API Services and may not accept these API Terms of Service if (a) you are not of legal age to form a binding contract with Scan.com; (b) you are a person barred from using or receiving the API Services under the applicable laws of the United Kingdom or the country in which you are resent.  

  2. If you are accessing or using the API Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to the API Terms of Service and by accepting the API Terms of Service, you are doing so on behalf of that entity.

  1. API License

  1. Subject to these API Terms of Service, Scan.com grants you a worldwide, non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable and limited licence for you and Your Personnel to access and use the API Services as part of your Application, and to make the API Services available to End Users of your Application, in each case solely in the manner described in these API Terms of Service.

  2. You agree that you shall not, and shall procure that Your Personnel and End Users shall not:

  1. access or use the API Services in any manner that violates or is inconsistent with, or promotes or encourages the violation of, applicable law, regulations, third party rights or these Terms of Service;

  2. misrepresent or mask your/their identity or any API client credentials granted to you/them by Scan.com for the purposes of using the API Services;  

  3. access or use the API Services in any manner or for any purpose that infringes, misappropriates or otherwise infringes our intellectual property rights;

  4. attempt to copy, adapt, reverse engineer, decompile, disassemble, modify adapt or make any alterations to the API Services, whether in whole or in part, or attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the API Services;

  5. combine or integrate the API Services with any software, technology, services or materials without the express prior written consent of Scan.com;

  6. use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program or methodology to access, acquire, copy or monitor the API Services, uk.scan.com, or any other Scan.com domain;  

  7. attempt to modify, translate or create derivative services based on the API Services;

  8. sell, resell, license, sublicense, distribute, rent or lease any API Services, or output of the API Services to any third-party;

  9. attempt to create a substitute or similar service through use of, or access to, the API Services

  10. post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating, destructive or unauthorised features, or that otherwise interfere with or change the ordinary working of the API Services; or

  11. use the API Services other than specified in these API Terms of Service without the express prior written consent of Scan.com.

  1. Some of the software required by and/or included as part of the API Services may be offered under open-source licenses. Open-source licenses constitute separate written agreements. To the extent that the API Services contain any open-source licenses, the open-source license instead set forth your agreement with Scan.com for the applicable component of open-source software.

  2. We may send you communications in connection with your use of the API Services. You may opt-out of these communications by emailing us at [email protected].

  1. Changes to the API Services

  1. We reserve the right to require you (either directly or via notice served to the Platform Operator) to install or update any and all software to continue to use the API Services from time to time. You acknowledge that Scan.com may make updates to the API Services from time to time, in each case at our sole discretion. You must implement and use, and ensure that Your Personnel implement and use, the most current version of the API Services, and you must further make any changes at your sole cost and expense to your Application that are required as a result of the updates. Your continued access or use of the API Services following an update or modification will constitute binding acceptance of the update.

  2. We may change or discontinue the availability of some or all of the API Services at any time for any reason or without notice. We may also impose limits on certain features or services or restrict your access to some or all of the API Services.

  1. Reservation of Rights

  1. Scan.com owns all right, title, and interest, including all intellectual property rights and related rights, in and to the API Services, any data transmitted as part or in connection with the API Services (the “API Data”) uk.scan.com or any other Scan.com products, services, domains, marks and branding. No rights are granted to you in the foregoing.

  2. If you provide any feedback regarding the API Services or API Data, or any other Scan.com products, services, domains, marks or branding, you agree that all intellectual property rights and related rights in such feedback shall be automatically assigned to and vested with Scan.com, and we will be accordingly free to use the feedback for any purpose, including without limitation to improve the API Services, or to develop new products or services.

  1. End User Terms and Conditions

  1. You shall have in place and present to any End User accessing your Application terms and conditions that contain provisions that are at least as protective of Scan.com as those in these API Terms of Service (“End User T&Cs”). Without limitation to the foregoing, you must inform End Users in the End User T&Cs that:

  1.  You are solely responsible for the Application;

  2. Scan.com is not liable for any fault in the API Services (including as they are incorporated as part of your Application) or any harm that might result from their use, except where this required under any applicable law.  

  1. Privacy Policy

  1. You shall have in place and present to End User a privacy policy that complies with all applicable privacy laws and provides adequate notice and obtains adequate notice that, where an End User accesses the API Services, we will collect and process certain information relating to them as described in our Privacy Policy.

  1. API Monitoring

  1. You agree that Scan.com may monitor your and Your Personnel’s use of the API Services to ensure quality, improve the API Services and monitor your compliance with these API Terms of Service. You agree that you will not interfere with this monitoring. Scan.com may suspend your, Your Personnel’s and your End Users’ access to the API Services without notice if we have reasonable cause to believe that you and/or Your Personnel to believe that you are in breach of these API Terms of Service.

  1. Liability

  1. You shall indemnify Scan.com against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Scan.com arising out of or in connection with your, Your Personnel and/or your End Users’ use of the API Services in breach of these API Terms of Service.

  2. The API Services are provided “as is”, without any representations, warranties or guarantees of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Scan.com makes no representation, warranty or guarantee to your, Your Personnel’s or your End Users’ access to the API Services will be uninterrupted, secure or error-free, or that they will meet any requirements. Scan.com takes no responsibility and assumes no liability for data that we process as part of the API Services, or the loss of any such data or damage to your computer or other systems that results from your, Your Personnel’s or End Users’ access or use of the API Services.

  3. Scan.com shall have no liability for any lost revenues or profits, indirect, special, incidental, consequential, exemplary or punitive damages, or loss of data, use, goodwill or other intangible losses resulting from your, Your Personnel’s or your End Users’ access to or use of (or inability to access or use) the API Services, even in the event that Scan.com has been advised of, knew, or should have known that such damages were possible and even if a limited remedy set forth is found to have failed its essential purpose. Scan.com’s total cumulative liability to you, Your Personnel and your End Users’ for all claims relating to the API Services and/or API Data shall not exceed £500 (GBP).

  4. Scan.com has no responsibility nor any liability for any dispute between a Platform Operator or you.

  1. Termination

  1. We may terminate or suspend your, Your Personnel’s and/or your End Users’ access to the API Services at any time and at our sole and absolute discretion. Without limiting the foregoing, we may terminate your, your Personnel’s and/or your End Users’ right to access the API Services if we determine in our sole discretion that you or they are in breach of these API Terms of Service, or that your or their use of the API Services presents a security, business or legal risk to Scan.com or any other users of the API Services.

  2. Upon termination of this agreement, you shall cease to access the API Services and all rights and licences granted to you by Scan.com thereunder shall immediately terminate. Following termination of this agreement, we will store and/or delete any data you have provided to us in accordance with applicable data protection laws.

  1. General  

  1. This API Terms of Service represents the entire agreement between you and us regarding your use of the API Services and supersedes and replaces any and all prior written or oral understandings or agreements between you and us regarding your use of the API Services.

  2. If any term of this agreement is declared illegal or otherwise unenforceable, it will be severed from the remainder of this agreement without affecting the legal enforceability of the remaining terms and conditions.

  3. Scan.com’s failure to enforce any right or provision of this agreement shall not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only in writing and signed by a duly authorised representative of Scan.com. Except as expressly set for in this agreement, the exercise by either party of any of its remedies under the agreement will be without prejudice to its other remedies under the agreement or otherwise.

  4. This agreement will be governed by, and construed under, the laws of England and Wales, without regard to conflict of laws principles. The exclusive jurisdiction for all disputes or claims brought under or in connection with this agreement shall be the courts of England and Wales.