Definitions
"Company" [The Medical House Limited whose business
address is at 199 Newhall Road, Sheffield, S9 2QJ, United
Kingdom. and whose registered office is at 199 Newhall Road,
Sheffield S9 2QJ];
"Content" means, without limitation, any information,
data, text, graphics, images, designs, software, software
compilations, underlying source code and any other material
on the Web Site excluding Third Party material;
"IPRs" means all existing, future or contingent
intellectual property rights including, but not limited
to patents, trade marks, service marks, design rights (whether
registrable or not), applications for any of the foregoing,
copyright, database rights, domain names, know-how, confidential
information, trade or business names and any other similar
rights or obligations whether registrable or not in any
part of the world, and shall include the right to apply
for the same and the benefit of any and all licences in
connection with the aforementioned;
"Third Party Material" means, without limitation,
any information, data, adverts, slogans, trade marks, logos,
graphics, hypertext and other computer links and any other
material supplied by third parties to the Company for posting
onto the Web Site;
"User" the individual, person, firm or company
which enters the Web Site;
"Web Site"HTTP://www.themedicalhouse.com"
1. Terms and Conditions
1.1 The Company operates the Web Site that the User has
entered and is using. The User accepts these Terms and Conditions
by using the
Web Site.
1.2 The Company may revise the Terms and Conditions at any
time and without notice at its sole discretion. Any change
to the Terms and Conditions will be deemed to take effect
immediately after posting onto the Web Site and will be
deemed to be accepted by the User who continues to access
to the Web Site. The User may print and keep a copy of the
Terms and Conditions.
2. Operation of the Web Site
2.1 The User shall not be eligible for any compensation
because they cannot access the Web Site or because of the
failure, suspension or withdrawal of all or any part of
the Content or of the Web Site. The Company may change,
suspend or cancel the operation of the Web Site or any part
of its Content at its sole discretion at any time and without
notice.
3 Ownership
3.1 The IPRs in the Content and the Web Site, excluding
Third Party Material, are the property the Company that
shall retain all the rights, title and interest therein.
All rights are hereby reserved.
3.2 No part of the Content or the Web Site may be reproduced
by the User other than as permitted in clauses 1.2 or 4.1,
in any form or by any means, including without limitation,
the reproduction of or transmission to or the storage in
any other web site or other form of electronic retrieval
system, without the prior written consent of the Company.
3.3 At no time, shall any IPRs in the Contents or the Web
Site pass to the User.
3.4 The Company shall endeavour to ensure that all product
names mentioned are acknowledged as the trade marks or registered
trade marks of their respective owners and that all trade
marks are acknowledged.
3.5 The name "The Medical House" and its logo
and all related product and service names and slogans are
the trade marks of the Company and may not be used in any
way by the User.
4 Users obligations
4.1 The User is permitted to reproduce one hard copy print
of limited portions of the Content or to download parts
of the Content as expressly authorised by the Company in
writing prior to such downloading, solely for the purpose
of the Users own research or private study. Any use
for commercial purposes is strictly prohibited and therefore
any commercial use thereof shall constitute a breach of
these Terms and Conditions.
4.2 The User shall not copy, duplicate,
distribute, adapt, modify, store (in any form) or in any
way reproduce the Contents or the Web Site or any part thereof
or knowingly permit the same without the Companys
and/or the respective copyright owners prior written
consent.
4.3 The User shall not be permitted
to incorporate any of the Web Site or Content or any parts
of the same in any other work or publication, whether in
hard copy or electronic or any other form.
4.4 The Content published on the Web
Site is for information purposes only and it is the responsibility
of the User to identify and confirm the accuracy and suitability
of the Content for whatever purpose the User requires or
wishes to use the Content.
4.5 The User will indemnify the Company
in full and hold the Company harmless against all claims,
liabilities, losses, damages and expenses arising out of
or incurred by the Company as the result of any breach of
these Terms and Conditions by the User and any claims made
against the Company as a result of the use by the User of
the Web Site, the Content, the Third Party Materials or
any part thereof for whatever purpose.
4.6 The User shall be liable for any
material that the User posts onto the Web Site ("User
Material"). Accordingly, the User shall indemnify the
Company in respect of any claims or actions which arise
from the User Material, including without limitation, claims
that the User Material is defamatory, blasphemous, obscene,
infringes third party intellectual property rights or is
otherwise actionable under the law of any jurisdiction.
4.7 The Company retains the right
to review, edit or delete or remove from the Web Site, at
its sole discretion, any User Material that the Company
deems to be illegal, offensive or otherwise inappropriate.
5 Disclaimer
5.1 The Company does not warrant that the Content, the Third
Party Materials or the Web Site are appropriate for use
by the User and accordingly does not warrant the accuracy,
timeliness, completeness or interpretation of any of the
Content and does not accept any liability for any errors
or omissions in connection thereof.
5.2 The Web Site is for information
purposes only. The Content is presented in summary form
only and is only intended to provide basic consumer knowledge
and an overview of medical and healthcare subjects. The
Web Site is not intended to replace the necessity of medical
advice and the User should contact the appropriate health
care provider and/ore general physician for medical advice
as applicable.
5.3 The Company does not warrant that the Web Site will
be uninterrupted, without delay, error-free, omission-free
or free from viruses.
5.4 All conditions, warranties and obligations implied by
statute, common law or otherwise and any liabilities arising
there from are excluded to the fullest extent permissible
by law.
5.5 Except in respect of death or personal injury caused
by the Companys negligence (to which no limit applies),
the Company shall not be liable to the User for any loss,
damage, costs, expenses howsoever arising:
5.5.1 for any representation (unless fraudulent) or any
implied warranty, condition or other term; or
5.5.2 under any duty at common law; or
5.5.3 for any indirect, special, incidental, punitive, exemplary
or consequential loss, loss of profit, loss of business
opportunity, loss of business use or business data or infringement
of third party intellectual property rights;
which arise out of or is in connection with the Content
of the Web Site, the provision of the Web Site or its use
by the User.
5.6 The Company expressly excludes all responsibility and
shall not be liable in respect of any Third Party Material
posted onto the Web Site and any material outside of the
Web Site that may be accessed through hypertext or other
computer "links" put on the Web Site. The User
acknowledges that it shall view the Third Party Material
and/or access these links at the Users own risk.
6. Data Protection
The confidentiality of the User information
is of paramount importance to the Company. The Company urges
the User not to send confidential details or financial information
via e-mail unless specifically requested to do so by the
Company.
7 General
7.1 These Terms and Conditions constitute the entire agreement
between the parties in relation to the use of the Web Site
and supersede any previous agreement or understanding between
the parties.
7.2 These Terms and Conditions may not be varied except
in writing and as agreed between the parties.
7.3 All other terms and conditions, express or implied by
statute or otherwise, are excluded to the fullest extent
permitted by law.
7.4 Any notice required or permitted to be given by the
User to the Company under these Terms and Conditions shall
be in writing addressed to the Company at its registered
office or principal place of business. [Any notice required
or permitted to be given by the Company to the User under
these Terms and Conditions shall be in writing addressed
to the User at its address supplied on its registration
form.]
7.5 No failure or delay by either party in exercising any
of its rights under the Terms and Conditions shall be deemed
to be a waiver of that right, and no waiver by either party
of any breach of the Terms and Conditions by the other shall
be considered as a waiver of any subsequent breach of the
same or any other provision.
7.6 If any provision of these Terms and Conditions is held
by any competent authority to be invalid or unenforceable
in whole or in part, the validity of the other provisions
of these Terms and Conditions and the remainder of the provision
in question shall not be affected.
7.7 These Terms and Conditions shall be construed and governed
in accordance with English law and the parties irrevocably
submit to the exclusive jurisdiction of the English courts.
The contents of the Web Site are designed to comply with
English law. You may be viewing the Web Site in a market
in which we do not commonly sell our goods or services.
We cannot be held responsible for non-compliance with any
local advertising laws in relation to the Content or the
Web Site.