Terms and Conditions
This website (“Website”) is operated by Medical Realities Limited, a company registered in England and Wales under number 09559882 with its registered office at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ ("Medical Realities", "we", "our" or "us"). The following terms and conditions (the “Terms”) apply to our provision and your (“you”, “your”) use of the information, services and materials (“Content”) through the Medical Realities website (the “Website”) including you visiting and browsing the Website (being a “Visitor”) and registering with Medical Realities as a client or user (a “Client”).
Please read these Terms carefully. These Terms are not negotiable. If you do not agree to them, you must stop using the Website and the Content immediately.
2. Using the website (client conduct)
2.1. By using this Website and the Content, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time). Use of the Website and access to the Content by anyone under the age of 13 is strictly prohibited.
2.2. Your use of and access to this Website and the Content are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
You agree to use the Website and access the Content only for lawful purposes and your use of the Website and Content is in no way unlawful or fraudulent, and does not have the intention or effect of damaging us or our Third Party Providers either reputationally or financially;
You agree not to use or access the Website or the Content for the purpose of harming or attempting to harm minors in any way;
You agree not to distribute all or any part of the Website or Content in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms including, without limitation, under section 6.11;
You agree not to alter or modify any part of the Website or the Content;
You agree not to access the Website or Content through any technology other than the software provided by us or enabled via API’s or other generally available third-party web browsers such as Chrome, FireFox, Safari or Microsoft Edge;
You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of the Website or access to the Content;
You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
You agree not to use or access the Website or Content for any commercial uses or for the benefit of any third party, including but not limited to:
The sale of access to the Content or any associated content;
The solicitation of business in the course of trade or in connection with a commercial enterprise; and the solicitation of any Visitors or Clients of the Website with respect to their content for commercial purposes;
You agree to use the Website and access the Content in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Website, Content;
You agree not to ask for, collect or harvest any personal data of any Visitor or Client of the Website or Content;
You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Content) for any other purpose other than as permitted by these Terms without our prior written consent;
You agree not to use the Website or the Content in any manner intended to damage, disable, overburden or impair any Medical Realities server or the network(s) connected to any Medical Realities server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Website;
You agree not to use any high volume, automated, or electronic means to access the Website or the Content (including without limitation robots, spiders or scripts);
You agree not to frame the Website or the Content, place pop-up windows over its pages, or otherwise affect the display of its pages;
You agree not to access or attempt to access any other Visitor or Client’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;
You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website;
You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms and the Policies).
2.3. You agree to comply with these Terms in relation to any Client Content (as defined in paragraph 6.1 below) provided by you in connection with the Content and in connection with the ability to post messages (as further detailed in paragraphs 6.6 to 6.9 below).
2.4. We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.
2.5. You acknowledge and agree that the form and nature of the Website and Content which we provide may change from time to time without prior notice to you.
2.6. Whilst we act in good faith with regard to the standard of our Content, you understand and acknowledge that, in using the Website and Content, you may be exposed to content from our Third Party Providers that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.
2.7. You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, Content (or any part of the Content) to you or to Clients generally for whatever reason, at our sole discretion, without prior notice to you.
2.8. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
3. Registration & accounts
3.1. Any Visitor can view the Website, but in order to participate fully in all activities on the Website and take part in the Content, you must register for a personal account on the Website (a “Client Account”) by providing a name, an email address and a password. You agree that you will never divulge or share access or your access information to your Client Account with any third party for any reason.
3.2. In setting up your Client Account, you may be prompted or required to enter additional information, including date of birth, location and any other information that will help other Clients get to know you and help us to tailor the services to suit you.
3.3. You undertake to us that all information provided by you in relation to your Client Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.
3.4. By registering with Medical Realities for a Client Account, you agree (in addition to the Acceptable Use Conditions above) that you:
Are, and will continue to be, registered for the Website only once and will not set up multiple Client Accounts;
Will not let anyone else use your Client Account;
3.5. If you breach these Terms we may prohibit your access or participation in the Content.
4. Course providers
4.1. We may make certain Content available to Clients who are registered users of our Third Party Providers and other educational institutions, corporates, sponsors, non-profit organisations and individuals (together “Course Providers”).
4.2. Your access to such Content may be provided to you through your Client Account. You acknowledge and agree that any Content affiliated with a Course Provider may be subject to terms, policies and procedures of the applicable Course Provider in addition to these Terms. If you are registered or enrolled at, or are otherwise engaged with a Third Party Provider and are taking Content for credit, certification or other formal recognition of learning (as applicable) (“Accreditation”) through that Third Party Provider, you acknowledge and agree that the Third Party Provider may have its own terms, policies or procedures regarding your eligibility to participate in the Content, your participation in the Content, the requirements or prerequisites for receiving Accreditation for the Content, and your records as they may relate to your participation and performance in the Content.
4.3. We reserve the right to cancel, interrupt or reschedule any Content or modify, revise, or alter its content, without cause or notice to you.
4.4. You acknowledge that the Content or a Course will not stand in the place of a course taken at a Third Party Provider or convey academic credit or certification for any Third Party Provider and you acknowledge that we will not be obligated to make any attempts to get the course recognised by any Third Party Provider or other educational establishment.
4.5. If you are a Client taking any Content for Accreditation at a Third Party Provider, any Accreditation may only be awarded directly by that Third Party Provider based on its own policies and procedures, and you may be required by that Third Party Provider to be registered or enrolled with that Third Party Provider in order to receive Accreditation. In any event, we will not have any authority or responsibility with respect to any award of Accreditation for any Content.
5. Licence to use
5.1. Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence (a) to access, internally use and display the Website and Content as an individual only at your location solely as necessary to browse and/or participate in the Content as permitted by these Terms; and (b) to download permitted content from the Content so that you may exercise the rights granted to you by these Terms.
5.2. You must abide by all copyright notices or restrictions contained on the Website or the Content. You may not delete any attributions, legal or proprietary notices on the Website or the Content.
5.3. Certain Third Party Providers may, at their own discretion, make available certain Content under a Creative Commons licence (non-commercial). Should Third Party Providers choose to do this, we acknowledge that the Creative Commons licence will override certain of these Terms as appropriate.
6. Your content
6.1. Throughout your use of the Website and the Content, you may be able to provide content to the Website by uploading notes and replies, Client discussions, profile pages, other content and media for social interaction, and written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “Client Content”).
6.2. We do not claim ownership of any Client Content you may submit or make available for inclusion on the Website or Content. Accordingly, subject to the licence granted to us and any applicable Third Party Provider, the Client will be the sole and exclusive owner of any and all rights, title and interest in and to the Client Content.
6.3. With respect to any Client Content you submit to us or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit such Client Content on the Website and/or in the Content, with the right to sublicense such rights for any purpose associated with the provision of the Website and the Content. We reserve the right to remove any Client Content without notice at any time and for any reason.
6.4. To the extent that you provide any Client Content, you represent and warrant that:
You have all necessary rights, licences and/or clearances to provide such Client Content and permit us to use and publish such Client Content as provided in paragraph 6.1 to 6.3 above;
Such Client Content is accurate and complete to the best of your knowledge and belief;
As between you and us, you are responsible for the payment of any third party fees related to the provision, publication and use of such Client Content;
Such use and/or publication of your Client Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation.
6.5. With respect to any submissions of Client Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
6.6. The Website and/or the Content may provide you with the ability to post notes and replies, take part in group discussions, submit assignments or send similar messages and communications to third party service providers, other Clients and/or us.
6.7. You agree to use communication methods available on the Website and/or the Content only to send communications and materials related to the subject matter for which we (or any applicable educational partner) provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms, the Policies and our Code of Conduct.
6.8. By using any of the communications methods available on the Website and/or the Content, you agree that:
All communications methods constitute public, and not private, means of communication between you and any other parties;
Communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by us in any manner (unless expressly stated otherwise by us);
Most content will be reactively moderated if flagged by Clients or Visitors, but we reserve the right to pre-review or post-review Client Content to ensure that it complies with generally acceptable standards of communication.
6.9. Additionally, through such communication methods set out in paragraph 6.8 above, we may make certain types of services available to you, such as chat room services that allow you to communicate with our staff members and/or staff members of our Third Party Providers.
6.10. You acknowledge and agree that the services set out in paragraphs 6.6 to 6.9 above (including without limitation chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these Terms and is provided for informational purposes only.
6.11. Any Client Content that is published on the public discussion areas of the Website (for example, the forums or areas where posts are made) will be subject to a Creative Commons Licence (Attribution-Non Commercial-NoDerivs; BY-NC-ND).
7. Copyright policy
7.1. It is our policy that any content included on the Website or within the Content that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the Website as soon as possible after we are made aware of such infringement or potential infringement.
7.2. If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the Website by emailing a Copyright Infringement Notice to us containing at a minimum the details outlined in section 7.4 below.
7.3. We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.
7.4. When you notify us in accordance with paragraph 7.2, your written Copyright Infringement Notice must contain the following:
A statement telling us you believe that you have found content on the Website which you believe infringes your intellectual property rights;
Which country your intellectual property rights apply to;
The title of the content concerned and the full URL for access to that content;
Statement explaining how the content infringes your intellectual property rights;
Your mailing address, telephone number and email address so that we can contact you;
A statement that the information contained in the notice is accurate and that you are the owner of the intellectual property rights or have an exclusive right in law to bring infringement proceedings in respect of its use;
Your signature (an electronic signature is sufficient).
7.5. We will, acting in our sole discretion, terminate Client Accounts and access to the Website and Content if a Client has been notified of infringing activity twice or more (regardless of whether the Client has taken appropriate action as we may direct.
8. Privacy & security
9. Linking to other sites
9.1. The Website may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
9.2. We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
We have no responsibility for the accuracy or availability of information provided by Linked Sites;
We do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
9.3. We may remove any links to Linked Sites from the Website at any time for any reason.
9.4. We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.
9.5. We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.
10. Medical Realities intellectual property rights
10.1. We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Content including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Content IPR”). The Content IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Content IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the Content IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Content IPR other than the right to use it in accordance with the terms of the licence in paragraph 5 above. Unless otherwise stated, copyright in the Content belongs to the relevant Third Party Provider providing the Content.
10.2. Other than any content submitted to the Website by you, we own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website (“Medical Realities IPR”).
10.3. If any Content IPR or Medical Realities IPR vests in you, whether by operation of law or otherwise, you duly assign to us all right, title and interest (whether legal or beneficial) in such Content IPR or Medical Realities IPR, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Content IPR or Medical Realities IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Content or the Website.
10.4. You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Content IPR and/or Medical Realities IPR to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.
11. Your liability to us
11.1. You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
You submitting Client Content to the Website or participating in the Content;
Your access to or use of the Website or Content;
Your breach of any of these Terms;
Any negligent act or omission, deliberate default or breach of statutory duty on your part.
11.2. Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
12. Our liability to you
12.1. The Website and the Content are provided to you “as is” and we make no warranty or representation to you with respect to them.
12.2. We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. With the exception of (a) death or personal injury caused by the negligence of Medical Realities, its directors, consultants, agents, sub-contractors or employees; or (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by law, we accept no liability for any direct or special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation) (a) any loss of profit (directly or indirectly); (b) any loss of goodwill; and (c) any loss of opportunity.
12.3. We provide the Content on the Website in good faith but give no warranty or representation that the Content are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of Content on the Website and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
12.4. Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
12.5. We accept no responsibility for any loss or damage incurred by you as a result of:
Any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website or in relation to the Content;
Any changes which we may make to the Website or Content, or for any temporary interruptions in the provision of the Website or Content;
The deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Website;
Your failure to provide us with accurate account information; or
Your failure to keep your account details secure and confidential.
12.6. We reserve the right to suspend your use of the Website and/or access to the Content at any time for operational, regulatory, legal or other reasons.
12.7. We may terminate your Client Account or access/use of the Website with immediate effect (a) if we reasonably believe you or any Client you are connected with are in breach of any of these Terms (b) in order to prevent any fraudulent, unlawful or abusive activity; (c) if it is necessary to prevent or stop any harm or damage to us, other Clients of the Website or the general public (d) for any other reason at our absolute discretion upon written notice to you. You acknowledge that paragraphs 6, 10-16 shall survive termination of these Terms.
13. Governing Law
13.1. These Terms, your use and access to the Website, and all other policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws of England and Wales.
13.2. Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of the Website, including as to the validity of these Terms or policy issued by us, will be subject to the exclusive jurisdiction of the courts of England and Wales. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, we both agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any such dispute.
13.3. Notwithstanding paragraph 13.2, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time
14. Changes to the website & these terms
14.1. We may update or amend these Terms (as well as our Policies or and other guidance we issue) from time to time to comply with law or to meet our changing business requirements. When we update our Terms or Policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Website.
14.2. For any operational, regulatory, legal or other reason, we reserve the right to modify, suspend or discontinue all of the Content with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
15.1. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.
15.2. Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 (which is expressly excluded) or otherwise.
15.3. We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.
15.4. These Terms and the Policies Conduct set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.
16. Medical advice disclaimer
16.1. THE INFORMATION PROVIDED ON OUR WEBSITE IS FOR INFORMATION PURPOSES ONLY AND NOT MEANT TO REPLACE THE ADVICE OF A MEDICAL PROFESSIONAL REGARDING THE TREATMENT, INTERVENTION OR PROTOCOL WITH RESPECT TO ANY DISEASE OR CONDITION, INCLUDING COVID-19. PLEASE SEEK THE OPINION OF A MEDICAL PROFESSIONAL BEFORE ATTEMPTING ANY TREATMENT, INTERVENTION OR PROTOCOL REFERRED TO ON THIS WEBSITE AND DO NOT DECLINE OR REFUSE TO FOLLOW MEDICAL ADVICE ON THE BASIS OF INFORMATION YOU HAVE READ ON THIS WEBSITE.
Effective as of 1 January 2023