| 1 |
Contract Formation and Terms and Conditions |
| 1.1 |
This is the website of Doctors.net.uk Limited (Doctors.net.uk),
a company registered in England under number 3527430. Its registered office
is at 90 Milton Park, Abingdon, Oxon OX14 4RY. Doctors.net.uk
is registered for VAT under number 685853774. |
| 1.2 |
If you become a member of Doctors.net.uk, a contract between
you and Doctors.net uk, incorporating these Terms and Conditions, will come
into force. Doctors.net.uk may refuse to accept anyone as a member, without
giving any reason. |
| 1.3 |
Doctors.net.uk reserves the right at any time to add to,
change or delete from the services it provides and the facilities available
via this site (the Doctors.net.uk services). |
| 1.4 |
In return for Doctors.net.uk providing access to this site
and its services, you agree to these Terms and Conditions. |
| 1.5 |
Doctors.net.uk may change these Terms and Conditions or its Privacy Policy (or both) at any time without notice, either by publishing the
change or the amended version on this site or by sending it to you by e-mail.
The change will be effective as from the date of the posting or e-mail. |
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| 2 |
The Site and Services |
| 2.1 |
Doctors.net.uk aims to make this site and Doctors.net.uk
services available 24 hours a day, seven days a week, but reserves the right
to suspend access to this site and any or all of those services at any time,
without notice, for maintenance purposes, or if Doctors.net.uk suspects
that there has been any breach of security, a breach of these Terms and
Conditions, or any unlawful use of this site or those services. Doctors.net.uk
may, at its discretion, restrict the use of this site and any or all of
the Doctors.net.uk services, or limit their availability. |
| 2.2 |
Access to and use of some Doctors.net.uk services will
be conditional on you meeting certain criteria, such as your qualifications
and length of qualification. Doctors.net.uk reserves the right, at its discretion,
to introduce new criteria and to change any criteria from time to time.
Doctors who have been removed from the GMC register may be denied access
to this site and any of the Doctors.net.uk services. |
| 2.3 |
Doctors.net.uk also reserves the right to introduce charges,
terms and conditions relating to the payment of those charges, and to review
and amend charges for access to this Site and the Doctors.net.uk services.
You will be given at least 30 days' notice of any new payment terms and
conditions or any new or increased charges, and the opportunity to cancel
your membership before those charges or terms come into effect. |
| 2.4 |
Doctors.net.uk reserves the right to remove the contents
of your e-mail account if you have not used the e-mail facility for 90 consecutive
days or more. You are advised to make a copy of any e-mail that you have
sent or received and that you wish to keep. |
| 2.5 |
Doctors.net.uk reserves the right to remove material without
notice from this site and from any forum, and Doctors.net.uk does not undertake
to keep or make available any material that you have posted or anyone else
has posted to this site or to any forum for any length or time, and you
are advised to make a copy of any message or material that you wish to keep. |
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| 3 |
Bulletin Service |
| 3.1 |
As a condition of receiving the Doctors.net.uk services,
you agree to receive and acknowledge a regular Bulletin, (the Bulletin)
distributed by e-mail. The Bulletin will contain information carefully targeted
to doctors' interests or specialities. |
| 3.2 |
The Bulletin may contain the following types of information:
- Clinical and management alerts
- Information and updates about Doctors.net.uk services
- Information (including promotional information) and updates from organisations such as
professional colleges, DH, GMC, NICE, other government bodies, NHS Trusts, medical
schools, pharmaceutical companies, medical device companies, financial services companies and
medical indemnity organisations
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| 4 |
Your Obligations
You will, when accessing or using this site or any Doctors.net.uk service: |
| 4.1 |
Act in a professional and ethical manner; |
| 4.2 |
Not send unsolicited e-mail, or send or post
any message which is disruptive or which generates complaints; |
| 4.3 |
Not post the same or similar messages to large numbers
of newsgroups (e.g. excessive cross-posting or multiple-posting, commonly
known as "USENET spam"); |
| 4.4 |
Not flame, hack or obtain unauthorised access to any data
or system; |
| 4.5 |
Not post any message whose subject or content is unrelated
to the subject matter of the newsgroup to which it is posted; |
| 4.6 |
Not post chain letters of any type, or post files to newsgroups
not specifically named for that purpose; |
| 4.7 |
Not obtain any information or material for any commercial
purpose or post information or material for the benefit of any commercial
venture; this includes advertising or attempting to sell items for personal
gain; |
| 4.8 |
Not obtain e-mail addresses or any other information for
marketing purposes; |
| 4.9 |
Not be involved in any criminal or unlawful activity, or
post any information or material which might be legally actionable; |
| 4.10 |
Not harass any person. Harassment in this instance includes
you being intimidating, threatening, abusive, hostile or otherwise offensive
towards another person. |
| 4.11 |
Not cancel or supersede any message or posting other than
your own (unless authorised by Doctors.net.uk to do so); |
| 4.12 |
Not introduce into this site or any Doctors.net.uk service,
any virus, logic bomb, harmful code, trojan horse or anything else that
might corrupt, damage or render inaccessible any software, data or system; |
| 4.13 |
At your own expense (subject to any special arrangements
for you negotiated by Doctors.net.uk with any service provider) obtain,
install, and maintain suitable equipment and software and Internet access
or connection services to access this site and the Doctors.net.uk services; |
| 4.14 |
Comply with all your obligations to third parties such
as internet service and software providers; |
| 4.15 |
Not seek redress from Doctors.net.uk if you suffer loss
or damage, or if you are harmed, defamed or offended by material, information,
products or services which you accessed or obtained through or which were
posted on this site or any Doctors.net.uk service; |
| 4.16 |
Not post or send any libellous, defamatory, obscene, derogatory,
menacing, offensive, pornographic, or indecent material to this site or
via any Doctors.net.uk service. (Any comments posted that imply that another
member is suffering from mental illness are considered to contravene these
terms and conditions); |
| 4.17 |
Not discuss religious topics in open fora. Religious discussion
may be discussed in specific closed, moderated fora of a religious nature
such as ‘Christian Medical Fellowship’ or ‘Muslim Doctors’.
Religious discussion outside of these closed fora may be removed without
notice and may result in a formal warning; |
| 4.18 |
Obtain all necessary permissions if you use this site or
any Doctors.net.uk service to receive, upload, download, display, transmit,
distribute, perform or execute materials, programs or other works protected
by intellectual property rights or rights of privacy or confidence; |
| 4.19 |
Obtain patient consent before posting any material on this
site that includes identifiable or potentially identifiable case material; |
| 4.20 |
Comply with all applicable laws, regulations and conventions,
including those related to privacy, personal data, international communications,
or the export of technical data; |
| 4.21 |
Not disclose your User Identification (User ID) and/or password to any other person. Promptly notify Doctors.net.uk if you suspect, or become
aware of, any unauthorised use of this site or any Doctors.net.uk service
or of your User ID or password; |
| 4.22 |
Not attempt to interfere with this site or any Doctors.net.uk
service or any other service. (This includes, but is not limited to, "denial
of service" attacks, "flooding" sites, deliberate attempts to overload any
site and attempts to "crash" any website host.); and |
| 4.23 |
Not use any program, script or command which interferes
with any person's use of any site or service, or which results in any unfair
advantage or disadvantage for anyone in relation to their receipt of rewards
or competition prizes. |
| 4.24 |
Doctors.net.uk reserves the right to delete, archive, make
unavailable, modify or comment on any forum posting or thread within a forum,
and to close individual fora without notice. |
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| 5 |
Your Personal Data and Other Information |
| 5.1 |
Doctors.net.uk will use your personal data only in accordance
with its Privacy
Policy. |
| 5.2 |
Doctors.net.uk may (but is not obliged to) monitor and
record your use of this site and the Doctors.net.uk services. |
| 5.3 |
No information which is posted to this site or sent via
any Doctors.net.uk service will be treated as confidential. For the avoidance of doubt, this does not include e-mails, which are treated as confidential. |
| 5.4 |
Doctors.net.uk may block, delete or remove from this site
and from any Doctors.net.uk service any information or other material that
you have posted, sent or received at any time and without giving notice. |
| 5.5 |
Doctors.net.uk has no obligation to monitor or moderate
any forum, newsgroup, e-mail or message, and usually does not do so. If
you have any complaint about any posting or e-mail or message made or sent
by a third party, you should e-mail help@doctors.org.uk
immediately. |
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| 6 |
Third Party Goods, Services and Links |
| 6.1 |
If you purchase or acquire goods or services from any third
party, even if you have been directed from this site or by any Doctors.net.uk
service to them, any contract entered into with that third party and any
use made of its site is a matter between you and that third party. Doctors.net.uk
has no liability for the quality or type of services or goods provided by
any third party it may mention on this site or to whom this site may be
linked. It is for you to make your own judgement about them. |
| 6.2 |
Any opinion, advice, statement, service, offer, or information
or content provided or made by any third party on this site or via any Doctors.net.uk
service, or on any site to which this site is linked, is that of the author
or provider, and not of Doctors.net.uk. Doctors.net.uk does not endorse,
and it is not responsible for, the accuracy or reliability of, any such
opinion, advice, statement, service, offer, information or content. |
| 6.3 |
Where content or information on or services available via
this site or any Doctors.net.uk service have been supplied by a third party,
Doctors.net.uk does not control or endorse them in any way. All information,
content and services supplied by third parties are made available in good
faith but Doctors.net.uk does not (to the extent allowed by the law) accept
responsibility for their accuracy or use. |
| 6.4 |
Doctors.net.uk does not make any representation or give
any warranty about any other site or any services or goods provided by any
third party, or any opinion, advice, statement, offer, information or content
on any such site or made by any such party. Doctors.net.uk has no control
over their quality, content or availability. Doctors.net.uk will not be
liable for any loss or damage caused by or in connection with use of, or
reliance on, any content, goods or services available on or through any
other site. |
| 6.5 |
Any concern about any other website should be directed
to that site's website administrator or webmaster. |
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| 7 |
Limitations and Exclusions of Liability |
| 7.1 |
Doctors.net.uk tries to ensure that any information and
content on this site or available through its services that has not been
supplied by a third party is accurate, but it makes no representation and
gives no warranty that any information or content is accurate, up to date
or complete. It accepts no liability for any loss or damage caused by inaccurate
information or content. |
| 7.2 |
If you find any inaccurate, out of date or incomplete information
or content on this site or in any Doctors.net.uk service, or if you suspect
that something is an infringement of any intellectual property right, you
must let Doctors.net.uk know immediately by contacting help@doctors.org.uk. |
| 7.3 |
You should independently verify any information and content
on this site or made available to you through any Doctors.net.uk service
before relying on it. That information and content are not intended to address
any particular requirements; they do not constitute any form of advice or
recommendation by Doctors.net.uk and are not intended to be relied upon
in making (or refraining from making) any decision. The information and
content on and through this site are not, and the Doctors.net.uk services
are not, substitutes for the exercise of professional judgement. If you
are not qualified nor experienced enough to make that judgement, you should
take professional advice. |
| 7.4 |
This site, its content and all Doctors.net.uk services
are provided "as is". Doctors.net.uk gives no warranty that this site, its
content or any service is error-free or will be available without interruption,
or at all. |
| 7.5 |
No warranty, representation, or undertaking in respect
of the quality, or fitness for purpose of any content or any service is
given, and all implied terms conditions and warranties relating to the same,
whether implied by statute, common law, custom, trade usage, course of dealing
or otherwise, are excluded to the extent allowed by the law. |
| 7.6 |
You assume all risk for using, and for any results obtained,
or liability incurred, by or as a result of accessing this site or any Doctors.net.uk
service. |
| 7.7 |
Doctors.net.uk is not liable for any third party's information,
programs, products or services, whether or not Doctors.net.uk has negotiated
special terms for the provision of the same to its members. If you access
or use any information on this site that has been supplied by a third party,
you will be bound by any additional terms and conditions specified by that
third party. You agree to read those additional terms and conditions before
accessing or using such third party information and not to access or use
that information you do not accept those additional terms and conditions.
You should always read the relevant terms and conditions before accessing
any information. |
| 7.8 |
Doctors.net.uk does not guarantee the prevention of the
loss of, alteration of, or improper access to, any information or computer
systems. Doctors.net.uk is not responsible for invalid destinations or transmission
errors in, the corruption of, or the security of information or messages
on this site or transmitted using any Doctors.net.uk service or carried
over any telecommunications or data communications facilities. Passwords
and user IDs are personal to individual members. It is your responsibility
to keep your password and ID secret and secure, and not to allow anyone
else to use them. You are responsible for the use or misuse of this site
and any Doctors.net.uk service by any person accessing them through your
password or ID (whether that use is authorised or unauthorised) and you
agree to bear all losses, expenses, inconvenience and site charges arising
as a result of that use. You must not use or attempt to use anyone else's
password or ID; to do so may be an offence under the Computer Misuse Act
1990. |
| 7.9 |
Doctors.net.uk is not liable for any claim that your access
to or use of this site, any content or any Doctors.net.uk services infringes
any third party's intellectual property or other rights. |
| 7.10 |
In no event is Doctors.net.uk liable for any loss or damage
arising from your failure to perform your obligations. |
| 7.11 |
Despite any other provision in these Terms and Conditions,
Doctors.net.uk does not exclude or limit its liability for death or personal
injury caused by its negligence, or for any fraudulent act. Subject to this,
Doctors.net.uk is not liable for any of the following, whether arising because
of its negligence, or in any other way: |
| 7.11.1 |
Loss of profits, loss of business, loss of anticipated
savings, loss of goodwill or reputation, lost or wasted management time
or the lost time of other employees; |
| 7.11.2 |
Loss, destruction or corruption of data; |
| 7.11.3 |
Any indirect, or consequential loss or damage; or |
| 7.11.4 |
Any loss or damage arising as a result of any claim against
you by any other party; even if Doctors.net.uk has been advised of the possibility
of that loss or damage arising. |
| 7.12 |
You will indemnify Doctors.net.uk and keep it indemnified
against all and any losses, damages, liabilities, costs and expenses arising
in connection with your breach of any of these Terms and Conditions or arising
as a result of a third party accessing or using this site, any content or
any Doctors.net.uk service by means of your password or user ID. |
| 7.13 |
The maximum liability of Doctors.net.uk to you in connection
with this site, any content and any services, or the failure to provide
any of the same, is £1 or the aggregate of sums you have paid to Doctors.net.uk
in the 12 months immediately before the cause of action to which your claim
relates, arose (whichever is the greater). |
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| 8 |
Termination |
| 8.1 |
If you are dissatisfied with the services provided by Doctors.net.uk
or any feature provided in or through this site, you may terminate your
membership by giving not less than 7 days' notice to help@doctors.org.uk.
This is your sole remedy if you are dissatisfied with this site or any such
service. |
| 8.2 |
Your membership may be terminated by you or by Doctors.net.uk
at any time by giving the other seven days notice. In addition, Doctors.net.uk
may terminate or suspend your membership and access to this site and any
service at any time without notice if you breach or are suspected of having
breached these Terms and Conditions, if you cease to meet the criteria from
time to time for access to or use of this site or any service, or if your
agreement with any internet service provider for access or connection to
the internet is terminated for any reason. |
| 8.3 |
Conditions 1, 6, 7, 8.2, 9 and 10 will survive termination
and continue indefinitely. |
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| 9 |
Intellectual Property Rights |
| 9.1 |
This site, its contents and information, and the Doctors.net.uk
services and their content and information, are protected by copyright,
database rights and other intellectual property rights. You authorise Doctors.net.uk
to act on your behalf if your intellectual property rights in any material
you post to this site or in any message that you send via a Doctors.net.uk
service is infringed by any third party. |
| 9.2 |
You assign to Doctors.net.uk the copyright in all material
that you post to this site (except for e-mails, images posted in the Medical
Image Library, material posted in Medipaedia or eCases and photographs posted
in the Photography Forum) . You waive all moral rights in connection with
that material and those messages, and you authorise Doctors.net.uk to act
on your behalf in any action they may decide to take if any intellectual
property rights in any material you post to this site or in any message
that you send via a Doctors.net.uk service are infringed by any third party.
Doctors.net.uk does not claim exclusive copyright over
material posted by you on this site. In the case of images posted in the
Medical Image Library, material posted in Medipaedia or eCases and photographs
posted in the Photography Forum, this material will be subject to a Creative
Commons Attribution 3.0 Licence, and you authorise Doctors.net.uk
to act on your behalf in any action they may decide to take if any intellectual
property rights in any material you post to these parts of the site is
infringed by any third party.
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| 9.3 |
Subject to any conditions specific to any service, you
may read, print and download parts of the material and information on this
site or through any Doctors.net.uk service for your private, non-commercial
use or use in the ordinary course of the your profession, but you may not
make any profit from the use of that material or information nor republish,
disseminate or transmit any of it, or exploit it for any commercial purpose,
or make any derivative work, or copy it for any other purpose without first
obtaining Doctors.net.uk's written permission, or that of the rights owner. |
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To seek permission please contact: help@doctors.org.uk |
| 9.4 |
You must not post to this website, or send, using any Doctors.net.uk
service any data, software, or other work or material that infringes the
intellectual property rights of Doctors.net.uk or any third party. |
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| 10 |
General |
| 10.1 |
Any terms purporting to vary these Terms and Conditions
in any order, or other written or electronic communication from you, are
ineffective unless specifically accepted by Doctors.net.uk in writing. |
| 10.2 |
You may not assign or transfer your membership to, or share
or sublicense the advantages of membership of Doctors.net.uk with, any other
person. |
| 10.3 |
Doctors.net.uk may assign or sub-contract its rights or
obligations (or both) to any third party. |
| 10.4 |
If any part of any of these Terms and Conditions is invalid
or unenforceable, it will not affect any other provision and all other provisions
will remain in full force and effect. |
| 10.5 |
These Terms and Conditions, and the contract between you
and Doctors.net.uk, are governed by the laws of England and Wales and you
agree to submit to the jurisdiction of the courts of England and Wales. |
| 10.6 |
These terms and conditions, together with the Privacy
Policy, any conditions specific to any Doctors.net.uk service and any
rules that Doctors.net.uk publishes from time to time governing the criteria
for access to this site or any service, are the complete and exclusive statement
of the agreement between Doctors.net.uk and you in relation to the use of
this site, its contents and any Doctors.net.uk service. They supersede any
proposal or prior agreement, oral or written, and any other communications
between Doctors.net.uk and you relating to their subject matter. |
| 10.7 |
Nothing in these Terms and Conditions confers or purports
to confer on anyone except you any right under the Contracts Rights of Third
Parties) Act 1999 or in any other way to enforce any of these Terms and
Conditions. |
