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You should print a copy of these Terms and Conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to download any Products from our Website.
Product - means the downloadable digital audio material and other downloadable material and content on this Website;
Services - means any functions, facilities, applications, information or other services available through this Website;
Terms - means these terms and conditions;
User or You - means any person who accesses or uses this Website, with or without authorisation and whether or not you are registered to use this or part of this Website; and
Website - means www.answersinmedicine.com (and underlying websites).
Certain other terms are defined in these Terms and Conditions.
2. INFORMATION ABOUT US
2.1 www.answersinmedicine.com is a website operated by AnswersIn Medicine Limited (we/us). We are registered in England and Wales under company number 06598061 and with our registered office at 930 High Road, North Finchley, London N12 9RT.
3. SERVICE AVAILABILITY
We do not accept downloads from anyone under 18 or anyone who does not have the capacity to form a contract under their own local laws. [Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page before ordering Products from us.]
4. WEBSITE REGISTRATION
4.1 In order to use the Services on the Website and gain access to Products you will have to register with the Website and you agree to provide accurate, current, and complete information upon registration (please see clause 5 below).
4.2 Upon registration you will be issued with an account name and a password which will enable you to access your account.
4.3 It is your responsibility to keep your password confidential and secure and we do not accept liability for losses incurred due to a breach of password confidentiality. Do not allow others to use your account.
5. DATA PROTECTION
5.1 We will store the information obtained in the registration process and/or obtained in the process of your orders for use in providing the Service, including but not limited to maintaining your account with this Website and collecting payments for Products.
5.2 We reserve the right to terminate your registration if any information you provide is false, inaccurate or incomplete and you are required to check and if necessary update your information for each order.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Products ordered from this Website are subject to copyright and other intellectual property rights.
6.2 Any subsequent use of the whole or an extract of the Products must be clearly marked as originating from this Website as well as citing the author and title of the Product.
7.1 Products may be ordered and purchased by using your password and account name.
7.2 When you order your chosen Products you will be shown a summary of your order before you proceed to the payment stage, and you will be able to alter the details and correct any errors. Once you have made the payment, which will be debited as an immediate pre-payment, you will receive an e-mail confirming the details and receipt of your order and confirming that you are free to download the ordered Products.
7.3 We reserve the right to reject orders and we will notify you of this. If we reject your order, payment made by you in connection with the rejected order will be refunded.
8.1 The delivery method used on this Website is "internet download". Therefore you recognise that the supply of the Product starts almost instantaneously after the submission of your order. The statutory right to cancel does not apply and you hereby consent to our providing the Product immediately.
8.2 We reserve the right to change the available Products from time to time.
9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.
9.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation e-mail and made the Products available for download.
9.3 Owing to the "internet download" nature of the delivery method for the Products payment for all Products must be by credit or debit card.
9.4 Payment will be required on an immediate pre-payment basis. Available payment methods are by credit or debit card or via a Paypal account only.
10. OUR REFUNDS POLICY
10.1 If through an error a price displayed on our Website is incorrect (the correct price being higher than advertised), and this is spotted after you place your order but before we accept your order and send you a confirmation e-mail, we reserve the right to either give you a refund, or provide you with the Product at the correct price.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11.1 If any links to other websites are given on this Website, we are not responsible for any content contained in any of those external websites, or any loss suffered by you in relation to your use of those websites.
11.2 We strive to ensure the accuracy, correctness and reliability of the Products on this Website, but we make no representations or warranties as to the Products' accuracy, correctness or reliability.
11.3 We shall not have any liability for lost, damaged or destroyed downloads.
11.4 WE EXCLUDE TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EXCEPT FOR LIABILITY FOR LOSS OR DAMAGE TO PERSONS OR PROPERTY CAUSED BY OUR NEGLIGENCE AND FOR FRAUDULENT MISREPRESENTATION.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We are not liable for any loss or delay caused by circumstances beyond our reasonable control including, but not limited to, strike, riot, terrorist activity, fire, accident or emergency, changes in law or regulations, trade embargo or other event.
If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
14.1 We have the right to revise and amend these Terms and Conditions from time to time without notice. Changes will be posted on this Website.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
16. LAW AND JURISDICTION
Contracts for the purchase of Products through our Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
End User Licence Agreement (for download and CD customers)
This end user licence agreement (EULA) is a legal agreement between you (Licensee or you) and Answers In Medicine Limited (company registration number 6598061) of 199 Dry Sandford, Abingdon, Oxon, OX13 6JW (Licensor or we or us) for this AnswersIn Medicine product (Product), which includes software, the associated media and printed materials (Documentation).
1. GRANT AND SCOPE OF LICENCE
1.1 In consideration of you agreeing to abide by the terms of this EULA, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Product and the Documentation on the terms of this EULA.
1.2 You may:
(a) use the Product for private or for internal business purposes on one CPU screen at a time (but must not use the Product on any public screen);
(b) make a copy of the Product for back-up purposes only, provided that this is necessary for the activities permitted by condition 2.1;
(c) use any Documentation in support of the use permitted under condition 1.1 and make a copy of the Documentation for its lawful use.
2. LICENSEE'S UNDERTAKINGS
2.1 Except as expressly set out in this EULA or as permitted by any local law, you undertake:
(a) not to copy the Product or Documentation except where such copying is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Product or Documentation;
(c) not to make alterations to, or modifications of, the whole or any part of the Product nor permit the Product or any part of it to be combined with, or become incorporated in, any other software;
(d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Product nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Product with another piece of software, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Product with another piece of software;
(ii) is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it; and
(iii) is not used to create any software which is substantially similar to the Product;
(e) to keep all copies of the Product secure;
(f) to include the copyright notice of the Licensor on all entire and partial copies of the Product in any form; and
(g) not to provide, or otherwise make available, the Product in any form, in whole or in part to any other person without the prior written consent from the Licensor.
2.2 You must permit the Licensor and his representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises, and to the computer equipment located there, at which the Product or the Documentation is being kept or used, and any records kept pursuant to this EULA, for the purpose of ensuring that you are complying with the terms of this EULA.
2.3 The Product is not intended to fully summarise its subject matter, nor is it necessarily wholly accurate. The Product is no substitute for qualified medical advice and, should the Licensee be a medical practitioner, the Licensee should rely on his/her own medical expertise in performing clinical diagnoses - the Product is for general guidance only. To the fullest extent permitted by law, the Licensor hereby disclaims all liability associated with the use of Product outside of the scope permitted by this EULA.
3. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Product and the Documentation throughout the world belong to the Licensor, that rights in the Product are licensed (not sold) to you, and that you have no rights in, or to, the Product or the Documentation other than the right to use them in accordance with the terms of this EULA.
4.1 The Licensor warrants that the medium on which the Product is stored and distributed is (at the time it is supplied), and will be for the period of 90 days after that time (Warranty Period), free from defects in design, material and workmanship under normal use. If a defect in the medium occurs during the Warranty Period, the Licensor will replace it free of charge if you return it to the Licensor with proof of purchase and (so far as you are able) a documented example of such defect or error.
4.2 You acknowledge that the Product has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Product as described in the Documentation meet your requirements.
4.3 You acknowledge that the Product may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this EULA.
4.4 If, within the Warranty Period, you notify the Licensor in writing of any defect or fault in the Product in consequence of which it fails to perform substantially in accordance with the Documentation, and such defect or fault does not result from you having amended the Product or used it in contravention of the terms of this EULA, the Licensor will, at its sole option, repair or replace the Product, provided that you make available all information that may be necessary to assist the Licensor in resolving the defect or fault, including sufficient information to enable the Licensor to recreate the defect or fault.
5. LICENSOR'S LIABILITY
5.1 Nothing in this EULA shall exclude or in any way limit the Licensor's liability for fraud, or for death and personal injury caused by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of law.
5.2 Subject to condition 5.1 the Licensor shall not be liable under or in connection with this EULA or any collateral contract for:
(a) loss of income;
(b) loss of business profits or contracts;
(c) business interruption;
(d) loss of the use of money or anticipated savings;
(e) loss of information;
(f) loss of opportunity, goodwill or reputation;
(g) loss of, damage to or corruption of data; or
(h) any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
5.3 Subject to condition 5.1 and condition 5.2, the Licensor's maximum aggregate liability under or in connection with this EULA, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to the EULA Fee.
5.4 Subject to condition 5.1, condition 5.2 and condition 5.3, the Licensor's liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
5.5 This EULA sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Product and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this EULA. Any condition, warranty, representation or other term concerning the supply of the Product and Documentation which might otherwise be implied into, or incorporated in, this EULA, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
6.1 The Licensor may terminate this EULA immediately by written notice to you if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service on you of written notice requiring you to do so.
6.2 Upon termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must cease all activities authorised by this EULA;
(c) you must immediately pay to the Licensor any sums due to the Licensor under this EULA; and
(d) you must immediately destroy or return to the Licensor (at the Licensor's option) all copies of the Product then in your possession, custody or control and, in the case of destruction, certify to the Licensor that you have done so.
7. TRANSFER OF RIGHTS AND OBLIGATIONS
7.1 This EULA is binding on you and us and on our respective successors and assigns.
7.2 You may not transfer, assign, charge or otherwise dispose of this EULA, or any of your rights or obligations arising under it, without our prior written consent.
7.3 The Licensor may transfer, assign, charge, sub-contract or otherwise dispose of this EULA, or any of his rights or obligations arising under it, at any time during the term of the EULA.
8. EVENTS OUTSIDE OUR CONTROL
We are not liable for any loss or delay caused by circumstances beyond our reasonable control including, but not limited to, strike, riot, terrorist activity, fire, accident or emergency, changes in law or regulations, trade embargo or other event.
9.1 If the Licensor fails, at any time during the term of this EULA, to insist on strict performance of any of your obligations under this EULA, or if the Licensor fails to exercise any of the rights or remedies to which he is entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
9.2 A waiver by the Licensor of any default shall not constitute a waiver of any subsequent default.
9.3 No waiver by the Licensor of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of the terms of this EULA are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11. ENTIRE AGREEMENT
11.1 This EULA and any document expressly referred to in it represents the entire agreement between us in relation to the licensing of the Product and Documentation and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
11.2 We each acknowledge that, in entering into this EULA, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us before entering into this EULA except as expressly stated in this EULA.
11.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into this EULA (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in this EULA.
12. LAW AND JURISDICTION
This EULA is governed by English law. Any dispute arising from, or related to, any term of this EULA shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.