Terms and conditions of use agreement for MedilinkUK.com

Please read these terms and conditions carefully. This terms and conditions of use agreement ("Agreement") applies to the Website (as defined below) which is owned and operated by MedilinkWM (as defined below). By accessing this Website you are agreeing to the terms and conditions that appear below. If you have any comments or questions please contact us at Customer Services, MedilinkWM, 4 Greenfield Crescent, Birmingham, B15 3BE

This Website is provided by MedilinkWM identified below ("The Provider", also referred to as "we", "us" and "our") whose registered office is at 4 Greenfield Crescent, Edgbaston, Birmingham B15 3BE, is registered in England with the company number identified on the Website and has a VAT registration number ofGB861037245.

  1.  Introduction and definitions

The services offered by The Provider through the Website include any features, content, or applications offered or made available from time to time by The Provider and/or its licensors in connection with the Website (collectively, the "Services"). The Services may be hosted inside or outside of the United Kingdom.

"Business Day"means a working day (other than a Saturday or Sunday) "Website Subscriber"means a private individual who either: a) has subscribed to or registered with the Website; or b) is expressly entitled to access the Website and the Services by virtue of subscription to another product or service provided by MedilinkWM in accordance with the terms and conditions thereof.

"User"means a Visitor or a Website Subscriber.

"Visitor"means anyone using the Website who is not a Website subscriber.

"Websites"means the websites (including their constituent pages) with their home pages as set out below:

 

www.MedilinkUK.com

and any other websites or electronic media sites or services from time to time (whether designed for access by mobile or fixed devices or otherwise), owned or operated by a member of MedilinkWM as may link to these Terms and Conditions from time to time.

 

  1. Acceptance

This Agreement sets forth the legally binding terms for your use of the Services.By using the Services, and in consideration of The Provider providing the Services to you, you agree to be bound by this Agreement, whether you are a Visitor or a Website Subscriber. Only Website Subscribers are entitled to access areas of the Website restricted to Website Subscriber only access except and to the extent that The Provider otherwise expressly consents in writing. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to register to become a Website Subscriber, and make use of the Services available only to Website Subscribers, you must read this Agreement and indicate your acceptance during the registration process. Availability of the Website will commence on a date determined by The Provider.

  1. Use of Services and additional terms

This Agreement includes The Provider’s policy for acceptable use of the Services and content posted on the Website and your rights, obligations and restrictions regarding your use of the Services. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions as notified to you. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate and notified to you, you agree that if you choose to participate in those Services those additional terms and conditions will be incorporated into this Agreement.

  1. Modification

We may modify this Agreement from time to time and such modification shall be effective upon posting by us on the Website. We will provide a clear link within the Website to the then current Agreement. You agree to be bound by any changes to this Agreement when you access the Website or use the Services after any such modification is posted. If you do not agree to be bound by them, you should not use the Website or the Services.

  1. Unacceptable Content

5.1 Please consider carefully the information you post on the Website and that you provide to other Users. Your Website profile and other Content (as defined in clause 12.1) submitted by you to the Website may not include anything which may be considered by others as inappropriate or obscene.

 

 

  1. Eligibility

By using the Services, you represent and warrant that (a) all registration and if applicable, payment information you submit is truthful and accurate; (b) you will maintain the accuracy of such information (including your email address); and (c) your use of the Services does not violate any applicable law or regulation.

  1. Term

This Agreement shall remain in full force and effect while you use the Services or are a Website Subscriber. You may terminate your Website Membership at any time, for any reason, via the “Contact Us” section of the Website.  Your profile may be deleted and your Website Subscription may be terminated without warning if we believe that you are in breach of any of the other warranties in clause 6 above or as otherwise specified in clause 26 of this Agreement headed "Termination”. Even after Website Subscription is terminated, sections 11 – 27 inclusive of this Agreement will remain in effect.

  1. Fees

8.1 You acknowledge that we reserve the right to charge for the Services and to change any applicable fees from time to time atour discretion. If we terminate your Website Subscription or use of any of the Services because you have breached the Agreement or other applicable terms and conditions you shall not be entitled to a refund of any unused portion of subscription or registration fees.

8.2 You agree to pay the subscription fees and any other charges that we have notified you of and you have agreed, incurred in connection with your user name and password for a Website and/or a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees and terms and conditions, which will be separately disclosed in such areas. Subscription fees will be charged at the beginning of your subscription or registration. Thereafter, your subscription will renew automatically on an annual basis and an invoice will become due for payment no later than one week after your renewal date. Unless we state in writing otherwise, all fees and charges are non-refundable. We may change fees and charges, or add new fees or charges, by giving you notice in advance. You are responsible for all fees incurred to access a Service or otherwise by anyone using your email address and password. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.

8.3 Where TheProvider expressly agrees in writing that your access to certain websites is included on a complimentary basis by virtue of your subscription to another product or service offered by MedilinkWM or any of their respective agents, additional terms and conditions applicable to those other websites may also apply. By accessing any of these websites you confirm your agreement to the applicable terms and conditions as notified.

8.4 Where The Provider expressly agrees in writing that your access to certain Websites and/or Services is included on a complimentary basis by virtue of your subscription to another product or service offered by a member of MedilinkWM or any of their respective agents, you accept that if your subscription to that product or service terminates, or on expiry of any period during which your access is specified to be complimentary, or if your access is terminated pursuant to this Agreement you will no longer be entitled to complimentary access to the relevant Website and/or Service.

8.5 If at any time during your subscription or registration we decide to increase the price we charge you we will give you at least four weeks’ notice by email. This notice period does not apply in respect of any exclusive preview period which we may terminate at any time. You may only use an introductory offer once.

8.6 Any voucher codes issued to you by us are personal to you and not transferable, Unless otherwise specified by us, a voucher code may only be used once. Unless otherwise specified in the terms and conditions related to the voucher code, the terms and conditions related to a voucher code you use in relation to the Services are hereby incorporated into this Agreement by this reference.

8.7 Payment can be made by the methods stated on the Website as being available to you from time to time. You warrant and represent that the credit card or debit card that is being used is yours. All credit card debit card holders are subject to validation checks and authorisation by the card issuer.

8.8 We take all reasonable care to make our Website secure. All credit card and debit card transactions on this site are processed using a secure online payment gateway that encrypts your card or bank account details in a secure host environment.

8.9 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

8.10 Please note that any bank charges incurred by a subscriber in the course of payment of our fees are the responsibility of the subscriber, and will not be covered by MedilinkWM

  1.  Mobile Accessibility

 

9.1 Downloadable applications and internet sites accessible via electronic media platforms and devices

If you have downloaded or subscribed for an application to access a Service, whether via a mobile or other digital service or otherwise, you may if expressly agreed by The Provider in writing have access without charge for a limited time to certain Website Member-only content and if so some or all of the "Fees " terms will not apply to you during such time. To the extent not inconsistent with this Agreement, the applicable “End User License Agreement” for the service through which you downloaded the application or otherwise obtained access to the Service may apply.

9.2 Exclusive preview

If you access a Website and/or Service as part of an exclusive preview you are hereby notified that all of the terms and conditions of this Agreement apply to you except any obligation to pay for access to the Website and Services used in accordance with this Agreement during that time. We may terminate the exclusive preview at any time without notice. Once the exclusive preview has ended if you wish to continue to access the Website and use the Services you will need to subscribe to or register for use of the Services on a paid for basis.

10. Password and screen name

10.1 When you sign up to become a Website Subscriber, you may also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, screen name, or password of another Website Subscriber at any time or to disclose your password to any third party. You agree to notify The Provider immediately by emailing info@medilinkUK.com if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

10.2Your  username and password are personal to you and must not be transferred or shared. Your user name and password may only be used to access the Website and/or the Services from one device at a time.

10.3 When you subscribe we may create a user name for you. You may change your email address, user name and password at any time in the My Account section of the Website.

10.4 You may not select as your user name the name of another person with the intent to masquerade as that person or use a user name that The Provider in its sole discretion deems offensive.

10.5 You are entitled to use and access the Websites and/or Services registered for or subscribed to in accordance with this Agreement and other terms and conditions applicable to the Services until your subscription is terminated in accordance with the applicable terms and conditions.

11. Non-commercial Use

Illegal and/or unauthorized use of the Services, including (i) collecting user names and/or email addresses of Website subscribers and/or any other data or content from the Website by electronic or other means (including automated web crawlers and spiders) and whether for the purpose of sending unsolicited email, data aggregation, transmission to or storage in another website, or otherwise; and (ii) unauthorised framing of or linking to the Website is prohibited. Using WebCrawler, spidering or other automated means to access, copy, process and/or store any content or data made available on the Website or through the Services other than as may be permitted under the Robot Exclusion Protocol or Automated Content Access Protocol adopted by the Website is prohibited except to the extent expressly agreed by Provider in writing. In the event of conflict between the terms of the Robot Exclusion Protocol or Automated Content Access Protocol adopted by the Website, the terms of the Automated Content Access Protocol shall prevail. Commercial advertisements and other forms of solicitation are prohibited. Links may be removed at our discretion for any reason. Legal action may be taken for any illegal or unauthorised use of the Services or the Website.

12. Proprietary Rights in Content on the Website

12.1The Provider does not claim any ownership rights in the text, files, images, photos, video, sounds, or any other materials that you post or email to the Website or the Services (collectively, "Content"). After posting or emailing your Content to the Website or the Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use such Content in any way you choose. By displaying, emailing, publishing or submitting for display or publication ("posting") any Content on or through the Website or the Services, you hereby grant to The Provider a Worldwide sub- licensable, perpetual, transferable, non-exclusive, royalty free licence to use in any way whatsoever including but not limited to, public performance, public display, publishing, reproduction, broadcasting, amendment or modification of Content, transmission and distribution of Content on and through the Website, the Services and/or any other publication published by The Provider in its different present and future forms for example newsprint, electronic databases, e-paper, website mobile application or any other facsimile or derivative versions in any medium. The rights granted include without limitation the right to license photocopying, scanning, downloading in electronic or other forms and other normal use for the purpose of information or study or as otherwise permitted by copyright law.

12.2 You represent and warrant that: (i) you own the Content posted by you on or through the Website or the Services or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of your Content on or through the Website or the Services does not violate the privacy rights, copyright, contract rights or any other rights of any person, or otherwise breach any injunction, order or other legal ruling. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Content posted by you to or through the Website or the Services. You acknowledge that Content submitted will not be returned.

12.3 The Website and/or the Services contain Content owned by The Provider (“Provider Content”). The Provider Content is protected by copyright, trademark, patent, trade secret and other laws. The Provider owns and retains all rights in the Provider Content and the Website and the Services. The Provider hereby grants you a limited, revocable, non-sub licensable license to retrieve and display the Provider Content (excluding any software code) on a computer screen and to make reasonable use of the Services.

12.4 The Website and/or the Services contain content owned by Users and other licensors to The Provider (“Third Party Content”). Except for Content posted by you and in which you retain ownership rights, you may not unless and to the extent otherwise specifically authorised by The Provider copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website or the Services. You may retrieve and display Third Party Content (excluding any software code) from the Website or the Services on a computer screen to make reasonable use of the Services.

13. Content Posted

13.1The Provider may delete, or refrain from posting any content that in the opinion of The Provider violates this Agreement or breaches any relevant House Rules. Except to the extent which cannot be excluded or limited by law or regulation in respect of content on the Website which we moderate before posting, The Provider assumes no responsibility for monitoring the Website or the Services for inappropriate content or conduct. If at any time The Provider chooses, in its sole discretion, to monitor the Website or the Services, except as required by law or regulation, The Provider nonetheless assumes no responsibility for the content (other than Provider Content), no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.

13.2 You are solely responsible for the Content that you post on or through the Website or any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. The Provider does not endorse and has no control over content posted by Users. Content is not necessarily reviewed by The Provider prior to posting and does not necessarily reflect the opinions or policies of The Provider. The Provider makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit.

      14. Content/Activity Prohibited

14.1The Provider reserves the right without limitation, to remove any offending communication from the Website or the Services, preventing access to the Website and the Services and/or terminating without any refund of subscription or registration fees, the Website Subscription of any user who acts or uploads content that could be considered inappropriate. Prohibited content or activity includes, but is not limited to content or activity that, in the opinion of The Provider:

  • 14.1.1 is offensive;
  • 14.1.3 harasses or advocates harassment of another person;
  • 14.1.9 promotes information that you know or have reason to believe is false or misleading or promotes illegal activities or conduct that is objectionable, abusive, threatening, obscene, defamatory or libellous;
  • 14.1.10 promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices.
  • 14.1.11 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • 14.1.12 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • 14.1.14 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.

                         

                        15. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. The Provider prohibits use of the Website and/or the Services of any User who infringes the copyright of others. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website and the Services by another User in a way that constitutes copyright infringement, please notify us via the “info@MedilinkUK.com” link detailing the content in question. We will take such action (if any) that we in our absolute discretion deem appropriate.

                         

                         

                        16. Disclaimers

The Provider is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Website or the Services, whether caused by Users of the Website or the Services or by any of the equipment or programming associated with or utilized in the Website or the Services.  Inclusion of any linked website on the Website and the Services does not imply approval or endorsement of the linked website by The Provider. When you access these third-party sites, you do so at your own risk. The Provider takes no responsibility for third party advertisements which are posted on the Website or through the Services, nor do we take any responsibility for the goods or services provided by its advertisers. The Provider is not responsible for the conduct, whether online or offline, of any User of the Website or the Services. The Provider assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any content provided through the Website. The Provider is not responsible for any problems or technical malfunction of any telephone network or lines, electronic networks, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website or the Services. Under no circumstances shall we be responsible for any loss or damage resulting from use of the Website or the Services, attendance at an event organised through the Website or the Services, from any content posted on or through the Website or the Services, or from the conduct of any Users of the Website or the Services, whether online or offline. The Services are provided "AS-IS" and as available and The Provider makes no representations or warranties of any kind as to the Website, the Services or the content thereof, including without limitation, as to availability of the Website and/ or Services for access and use. In particular we expressly disclaim all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. The Provider cannot guarantee and does not promise any specific results from use of the Website and the Services. Nothing in this Agreement shall be construed as limiting or excludingour  liability for death or personal injury caused by its negligence.

                        17. Choice of law and Jurisdiction

This Agreement shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement. Nothing in this clause limits the right of The Provider to bring proceedings against you arising out of or in connection with the Agreement (a) in any other court of competent jurisdiction or (b) concurrently in more than one court of competent jurisdiction

                        18. Indemnity

You agree to indemnify and hold The Provider, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Website or the Services in violation of this Agreement, and/or arising from your use of or conduct on the Website or in use of the Services and/or a breach of this Agreement.

                        19. Other

This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Website Subscriber. This Agreement constitutes the entire agreement between you and The Provider regarding the use of the Website and the Services. The failure of The Provider to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

                        20. Additional Services

From time to time we may provide other content for your downloading. However, the download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.

                        21. Advertising and Sponsorship

The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material. Your dealings with any third parties, in particular advertisers and/or merchants, through the services provided by the Website and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in the Agreement in relation to such dealings.

                         

                         

                         

                         

                        22. General

                         

22.1You may not assign, sub-license or otherwise transfer any of your rights under the Agreement. If any part of the Agreement is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these terms, this will not be taken to mean that they have been waived.

22.2 No third party may enforce the terms of this Agreement under the Contracts (Rights of Third Parties) Act 1999.

                         

                        23.Termination

                         

23.1We may terminate the provision of the Website or the Services or restrict your access to them and/or terminate your Website Membership without any prior notice to you where (by way of example and without limitation): (1) there is a regulatory or statutory change limiting our ability to provide the Website and/or the Services; (2) any event beyond our reasonable control prevents us from continuing to provide the Website or the Services (for example, without limitation, technical difficulties, capacity problems and communications failures); (3) we consider in our sole discretion that you are abusing the Services provided by the Website or are otherwise acting in breach of the Agreement; (4) you do not pay the subscription fees within 14 days of them becoming due; (5) you become the subject of bankruptcy or insolvency proceedings; or (6) the exclusive preview has ended and valid payment for continued access has not been received; (7) your access to the Websites is under a corporate subscription package which has terminated; (8) your right to use the Services under an “End User License Agreement” referred to in clause 9.1 has terminated; or (9) our agreement terminates with a third party device or platform owner with whom you have contracted to access the Services .

23.2 If we give you notice that we will increase the price of your subscription and you do not wish to continue with your subscription you should let us know within four weeks and we will cancel your subscription.

23.3 Under English law you have the right to cancel your subscription or registration within seven working days of the commencement of your subscription. If this right is exercised any subscription fee paid will be refunded within 30 days. You should note that this right of cancellation is lost in the event of you accessing any of the content accessible by Website subscribers only contained on a Website and you agree that you shall not have the benefit of that cancellation right.

23.4 To cancel your subscription you must either email us at info@medilinkUK.comor write to us at Membership Services, MedilinkUK.com, Medilink West Midlands, 4 Greenfield Crescent, Edgbaston, Birmingham, B15 3BEYou may cancel your subscription at any time however except as specified in clause 27.3 above:

           

                         

                        24. House Rules

In addition to the terms and conditions set out above, you agree to use the Services in accordance with any applicable house rules (“House Rules”) that we specify in relation to a Service. All such House Rules shall form part of the Agreement. In the event of a conflict between the terms and conditions set out above and any applicable House Rules the relevant House Rules shall prevail.

Please contact us at info@MedilinkUK.com with any questions regarding this Agreement

House Rules

o    You must be 18 or over to register for the Services. The Provider respects its Users and would ask that they respect each other. In areas of our site where you can express yourself or interact with others, we ask that you stick to what is legal, tasteful and civil.

o    Our Services are about our subscribers. We want to engage them and hear their views and we ask for their participation and vigilance. If you see something on the Website that has been posted by another reader and that you think is inappropriate, please let us know right away via the “info@MedilinkUK.com” link. Our moderators will read your complaints and act if necessary. For more details about our moderation, see the relevant section below.

o    We ask that you do not post any content (including for example, in your Profile) that breaches The Provider’s terms of use agreement for the Website (the “Agreement”), including by way of example content that:

§  - Breaks the law, or encourages other to break it;

§  - Makes defamatory comments about others;

§  - Infringes copyright or other intellectual property rights;

§  - Reveals another User’s personal details, such as their surname, address, contact numbers, email address or other identifying information;

o    In addition, we ask that you do not use the Website to carry out any activity prohibited by the Agreement including by way of example to:

0.      a. harass, threaten or attack anyone or otherwise behave in any way that would cause annoyance or distress to other Users;

1.      c. flood or "spam" the Website or any User who posts content on the Website;

2.      f. collect and/or distribute personal data concerning other Users;

3.      g. impersonate another person, whether a friend, family member, celebrity, moderator, another User or an employee of any member ofMedilink West Midlands

4.      i. post chain letters or pyramid schemes;

In addition the following is prohibited:

5.      use of multiple logins for the purpose of disrupting the community or annoying other Users;

6.      3.

7.      5. Deliberate misuse or spamming of the complaints facility;

8.      6. Use of swear words or other language likely to offend;

9.      7. Posting of content which breaks the law, condones or encourages unlawful activity.

We reserve the right to remove from the Website, without notice and at our sole discretion, any content that we consider inappropriate for the Website. We may also ban, block or delete any user accounts if, according to our sole judgement, their owners or Users have infringed the Agreement, any relevant House Rules or are using our service in a manner that we consider inappropriate.

                        How We Moderate

We monitor any complaints we may receive regarding content displayed on our website. If you want to contact us to report offensive contributions, always contact info@MedilinkUK.com with a full and complete description of the location of the content you believe to be inappropriate. We ask that you always log in to file these reports. This ensures that we know the exact location of the content complained about, and it helps us prevent campaigns that target individuals anonymously.

When reporting about another User’s contribution, make sure you state why you think it breached our Agreement or House Rules. Disagreement with someone’s views is not a reason to report them.

When we receive your complaint, we will evaluate it and decide on the most suitable action. We will not normally confirm the steps we take to the complainant, as this may breach the rights and privacy of others, but rest assured that all complaints will be checked promptly and professionally.

In some cases, we may have to remove an entire segment of content, including messages that do not breach our terms, if they were part of a topic that was in breach of our Agreement or House Rules, or where the context is lost or does not make sense once we removed offensive content. For example, if we remove a racist comment, the responses to it will no longer be relevant.