2. CONTENT ON THE SITE
All content and the selection and arrangement of such content on the Site is either owned by or licensed to Medic Mind Ltd (‘Content’), and is subject to copyright, trade mark rights, and other intellectual property rights of Medic Mind Ltd and Medic Mind Ltd’s licensors. Such Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on Content not uploaded or posted by You are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Medic Mind Ltd or, where applicable, Medic Mind Ltd’s licensors. Medic Mind Ltd and its licensors reserve all rights not expressly granted in and to their Content.
3. COPYRIGHT LICENCE
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. In particular, users who submit UGC to this Site must ensure that the UGC they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, We will terminate the infringing user’s rights to use and/or access this Site. We may, also in our sole discretion, decide to terminate a user’s rights to use or access the Site prior to that time if We believe that the alleged infringement has occurred.
You agree to provide true and accurate information when using the Site. You may NOT use another person’s email address, Account details or the name of another individual when using this Site and agree to notify Medic Mind Ltd immediately of any unauthorised use of Your email or any other breach of security. Although Medic Mind Ltd cannot monitor the conduct of users off the Site, it is a violation to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
5. PERMITTED USE OF THE SITE
You may view Site pages, download Site pages for caching purposes only, and print Site pages (excluding Site images). You agree that You are only authorised to visit, view and to retain a copy of pages of this Site for Your own personal non-commercial use.
6. GENERAL RESTRICTIONS ON USE
Medic Mind Ltd grants You permission to access and use the Site and the Services subject to the following express conditions, and You agree that Your failure to adhere to any of these conditions shall constitute a breach of this Licence on Your part. You agree:
a. not to sell, license, rent, distribute or otherwise exploit any UGC or Content for any other purposes without the prior written consent of Medic Mind Ltd or the respective licensors of the UGC or the Content;
b. not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of or parts of the Site or the Services, including but not limited to any UGC or Content, in any medium without Medic Mind Ltd’s prior written authorisation, unless Medic Mind Ltd makes available the means for such activity through functionality offered by the Services;
c. not to alter or modify any part of the Site or any of the Services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
d. not to access UGC or Content through any technology or means other than the Site itself or such other means as Medic Mind Ltd may explicitly designate for this purpose;
e. not to access or attempt to access the Accounts of other Clients or Tutors or penetrate or attempt to penetrate Medic Mind Ltd’s security measures;
f. not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or the Services or features that (i) prevent or restrict use or copying of UGC or Content; or, (ii) enforce limitations on the use of the Services or the UGC or Content accessible via the Service.
g. not to use any area of the Site or the Services for any commercial purposes. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Site and barring anyone breaching this provision from future use of the Site and the Services. We reserve the right to block access to this Site, or to cancel a reservation in respect of one or more pre-booked lessons with respect to any person who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these Terms, or infringing Medic Mind Ltd’s rights. Breaching any terms on the Site will be deemed to be a breach of these Terms.
h. not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
i. not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any user of the Site or the Services;
j. not to attack our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching certain provisions above, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our Site will cease immediately. You are responsible for configuring Your information technology, computer programmes and platform in order to access our Site. You should use Your own virus protection software.
7. PROHIBITED CONTENT
The following is a partial list of content which is illegal or prohibited on the Site. You agree that You will not submit any UGC to the Site that:
a. is patently offensive to the online community, such that it promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. could be harmful to minors;
c. harasses or advocates harassment of another person;
d. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
e. promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
f. promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
g. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
h. displays pornographic or sexually explicit material of any kind;
i. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
j. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
k. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and,
l. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
8. PRIVACY AND CONFIDENTIALITY
9. AVAILABILITY AND SECURITY OF THE SITE
9.1 Medic Mind Ltd does not warrant the validity and accuracy of information on the Site or the Services or that the Site is kept up-to-date. The Site and its content and the Services are delivered on an “as-is” and “as-available” basis. Medic Mind Ltd shall use reasonable endeavours to ensure that the Site, the Services and any information it holds on You are kept secure. However, due to the nature of the internet, Medic Mind Ltd does not represent or warrant to You that:
a. Your use of the Site and/ or the Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any content, search or link on it;
b. Your use of the Services will meet Your requirements;
c. any information obtained or downloaded by You as a result of Your use of the Services will be accurate, reliable or free of viruses or contamination or destructive features;
d. Your shared UGC will not be used by a third party in various ways;
e. there will not be any defects in the operation or functionality of any software provided to You as part of the Services; and,
f. those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.
10. HYPERLINKS AND SEARCH RESULTS
The Site may contain hyperlinks or produce search results that reference or link to third party sites throughout the World Wide Web. These are provided for Your ease of reference only and Medic Mind Ltd does not endorse such sites or accept any responsibility for the content of such sites and cannot therefore guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Site to search for or link to another site, You agree and understand that You may not make any claim against Medic Mind Ltd for any damages or losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another site. Medic Mind Ltd advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit.
11. SUSPENSION AND TERMINATION
11.1 You acknowledge that Medic Mind Ltd has no obligation to monitor any UGC or other Content provided by third party users. You further understand and agree that in Medic Mind Ltd’s sole discretion, and without prior notice, Medic Mind Ltd may terminate its Licence with You and may therefore choose to suspend or terminate Your access to the Site and the Services at any time or exercise any other remedy available and modify or delete any unauthorised UGC, if Medic Mind Ltd believes that the UGC You provided has violated or is inconsistent with this Licence or violated the rights of Medic Mind Ltd or another Medic Mind Ltd Member. Notwithstanding this, You are solely responsible for and bear the legal risk associated with such UGC anywhere in the world.
11.2 Medic Mind Ltd may release user information about You if required by law or subpoena, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.
11.3 You agree that monetary damages may not provide a sufficient remedy to Medic Mind Ltd for violations of this Licence and You consent to injunctive or other equitable relief for such violations.
11.4 You acknowledge and agree that to improve the Site and/ or the Services, Medic Mind Ltd may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to users generally at Medic Mind Ltd’s sole discretion, without prior notice to You.
12. YOUR WARRANTIES
12.1 You represent and warrant that:
a. You have (and will continue to have whilst the UGC remains posted on the Site) all necessary licences, rights, consents, and permissions which are required to enable Medic Mind Ltd to use or display Your UGC in the manner contemplated by the terms of this Licence;
b. You are happy to share Your UGC with other Clients and/ or Tutors as the case may be who access and/ or register on the Site to the extent required for the Services to be delivered as intended;
c. You will not post nor upload any UGC which contains material which is unlawful for You to possess, or which it would be unlawful for Medic Mind Ltd to use or possess in connection with the provision of the Interactive Services;
d. the UGC that You submit to the Interactive Services will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Medic Mind Ltd the licence referred to in clause 1 above;
e. You will comply in particular at all times with clauses 4, 5, 7 and 8 of this Licence relating to Conduct, General Restrictions on Use, Prohibited Content and Privacy and Confidentiality; and,
f. You will keep Your Medic Mind Ltd Login details secure and confidential.
13.1 You agree that You are solely responsible for any breach of Your obligations under the Licence and for the consequences of any such breach.
13.2 You agree to indemnify and hold Medic Mind Ltd harmless from any loss, liability, claim or demand, including reasonable legal fees, incurred by or asserted against Medic Mind Ltd, arising out of or in connection with
a. any breach of the terms of this Licence or breach of warranty by You or by Your acts or omissions;
b. any breach by a third party arising out of Your use of the Site and/ or the Services or by Your acts or omissions, including also Your use of the Site and/ or the Services to provide a link to another website or to upload UGC or other information to the Site (unless You have a formal licence or permission from the rightful copyright owner, or are otherwise legally entitled, to post the UCG in question and to grant Medic Mind Ltd and the Tutor and/ or the Client the licences); and,
c. any breach resulting from Your non-authorised use, creation (and modification) of an lesson Recording on or off the Site.
14.1 Nothing in this clause 15 shall exclude or restrict Medic Mind Ltd’s liability for:
a. fraudulent misrepresentations;
b. any liability where the law does not permit such exclusion of liability; and,
c. death or personal injury arising from negligence.
14.2 Medic Mind Ltd shall not be in breach of any of its obligations under this Licence which arises or occurs due to the act, omission, default of You or Your failure to comply with any of Your obligations under this Licence.
14.3 Subject to clause 15.1, Medic Mind Ltd shall not be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation suffered by You arising from Your use of the Site and/ or the Services or, any loss or damage which may be incurred by You as a result of:
a. any breach by You of this Licence or breach of warranty by You or the acts or omissions of You including Your use of or inability to use the Site and/ or the Services in accordance with the terms of this Licence;
b. any reliance placed by You on the completeness, accuracy or existence of any advertising;
c. any changes which Medic Mind Ltd may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
d. the deletion of, corruption of, or failure to store, any UGC and other communications data maintained or transmitted by or through Your use of the Services;
e. the availability of third party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources; and
f. the acts, omissions and conduct of any third party users in connection with or otherwise related to Your use of the Site and/ or the Services.
14.4 The limitations on Medic Mind Ltd’s liability to You in this clause 15 shall apply whether or not Medic Mind Ltd has been advised of or should have been aware of the possibility of any such losses arising.
14.5 Except as expressly set out in this Licence, Medic Mind Ltd gives no warranties and excludes all other express or implied terms, conditions and warranties including also any implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law.
15. ENTIRE AGREEMENT/ SEVERABILITY
This Licence shall be personal to You and You may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Medic Mind Ltd’s prior written consent. Medic Mind Ltd reserves the right to assign or transfer all or any of its rights and obligations under this Licence to any companies in the same group as Medic Mind Ltd or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.
17. NO WAIVER
Failure by either Medic Mind Ltd or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
18. THIRD PARTY RIGHTS
You may enforce the terms of this Licence in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the “Act”). Except as provided above, this Licence does not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
19. LAW AND JURISDICTION
All of the terms in this Licence are governed by English Law and any disputes arising in relation to this Licence and/or the Site are subject to the exclusive jurisdiction of the English Courts.
We keep our statement under regular review. This statement was last updated on 28th March 2020
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