Medics.Academy Standard Terms and Conditions
1.1. “You” (and related pronouns) shall mean a natural person or a business entity.
1.2. “We” (and related pronouns) shall mean Vopulus Ltd, the business entity.
1.3. “The Service” shall mean the services, materials, educational products and websites of Vopulus Ltd, Medics.Academy and all subsidiary and partner websites hosted and maintained by Vopulus Ltd.
2. About us
2.1. Our business is operated by Vopulus Ltd, which is a company registered in the UK (Company Number 09710751).
2.2. Our registered office is Suite 30, Exmouth Business Centre, 14 Hartley Road, Exmouth, Devon, EX8 2SG.
2.3. The Vopulus VAT Registration Number is 258 3955 61.
2.4. The Service hosts content on behalf of third parties. We are in no way responsible or liable for any content hosted on The Service.
3. Access to services
3.1. Where an element of The Service requires a subscription (and regardless of whether payment is required for the subscription), You agree that You will only access the element if You have a current, valid subscription.
3.2. Where an element of The Service requires payment, You agree that You will only access the element if You have paid the correct amount.
3.3. Where login credentials have been set up to allow You to access elements of The Service, You undertake not to share these credentials with others, and to take reasonable steps to keep such credentials private. You agree to inform Us as soon as reasonably practicable should you believe that any other person may have obtained Your login credentials.
3.4. Whilst We may provide a service to a business entity, where login credentials are required each individual natural person who uses the service within that business entity must use separate credentials and must not share credentials.
3.5. If You are a natural person, You agree that You will not use more than one set of login credentials to access elements of The Service. If You lose the ability to use Your login credentials, You may contact Us to resolve the problem. If We suspend Your login credentials, You agree not to create new login credentials to circumvent this suspension.
3.6. You may view pages from our website in a web browser, and stream media files from our website in a web browser, where such pages/files (“materials”) are intended to be publicly accessible or You have a valid subscription to access them.
3.7. You may not download copies of materials from Our website for use offline unless We have specifically and explicitly permitted this.
3.8. You may not distribute materials from Our website to others, republish such materials, or exhibit such materials to others, except either where We have specifically and explicitly permitted this, or where You are the copyright holder of the original material, no change has been made to the material that would have the effect of creating additional copyright or other intellectual property right, and You have not entered into any additional agreement with Us that would restrict such distribution.
3.9. You agree that We may individualise elements of The Service we provide to you in a way that allows Us to identify the credentials used to obtain unauthorised copies of such elements.
3.10. You accept that the materials we provide may include materials deemed by some to be of an adult nature.
3.12. You may not reproduce any materials hosted on Our website without obtaining authorisation in writing from the Chief Executive Officer of Medics.Academy
3.13. You may not include a link to Our website on any websites or other published materials without prior consent from the Chief Executive Officer of Medics.Academy
4. Upload of materials
4.2. You may elect to provide additional materials to Us. This could include comments, video, image, educational contributions and other activity. This includes on any additional material on any Medics.Academy managed spaces such as on third party managed software or events. By doing so, You grant us a nonexclusive, sublicensable, transferable, perpetual, worldwide license to perform any act not restricted by copyright or other intellectual property right with regard to them. Unless agreed otherwise, this license will be royalty-free.
4.3. By uploading materials to Us, You warrant that You have the ability to grant the license mentioned in the above paragraph. You also warrant that the materials are not illegal, obscene or defamatory, do not contain viruses or malicious code, and do not infringe a third party's intellectual property rights, and agree to indemnify Us against legal claims arising from the uploading, distribution or publication of the materials.
4.4. Regardless of whether the materials You have uploaded form part of a service that We are providing You, We retain absolute discretion to edit materials for content or style, or to delete materials. Our maximum liability to You from any consequence arising from exercise of this discretion shall be the amount that would be due to you if You had cancelled the relevant contract for a service with Us, and We shall not be liable for any consequential losses.
4.5. If, following an agreement with You, We upload materials on Your behalf, or We upload materials in which You have an interest, then this entire section shall be applied as if You had uploaded those materials Yourself.
4.6. Where it is intended that the materials should form part of a subscription service, We shall take reasonable steps to protect the materials from copyright violation, but You understand that the nature of a service that involves providing the materials to others means We cannot provide an absolute guarantee of the security of the materials. You agree not to hold Us responsible for unauthorised use of the materials by other parties, or for any consequential losses that may occur as a result of such unauthorised use.
4.7. We are grateful for feedback and may provide mechanisms to facilitate Your providing feedback. However, We may treat this feedback as unsolicited and We shall have no obligation to compensate You for any action We take as a result of Your feedback. You hereby waive all moral rights in relation to feedback to the maximum extent permissible by law.
5. Payment and cancellation
5.1. You accept that payment is required for some of our services.
5.2. We may suspend Your access to subscription services upon expiry of the subscription.
5.3. If You have paid for a service using a form of payment that is subsequently not honoured, we may suspend the corresponding access to that service. You remain liable to us for the payment sum and any charges we incur as a result of the failure to honour the original payment or as a result of pursuing the original payment, unless You cancel the order as specified below.
5.5. Where Your payment is in exchange for access to digital content, Your order cannot be cancelled once You (or a person for whom You have purchased access) have accessed the restricted webpages associated with the content or otherwise accessed the digital content. [See cancellation of digital downloads http://www.which.co.uk/consumer- rights/regulation/consumer-contracts- regulations ] If You (or a person for whom You have purchased access) have not accessed the restricted pages or content, then You may, within 14 calendar days of order confirmation, request a cancellation and full refund of payment by sending an email to firstname.lastname@example.org, specifying Your details and which order You wish to cancel. 5.6. Where Your payment is not in exchange for access to digital content, You may, within 14 calendar days of order confirmation, request a cancellation and full refund of payment by sending an email to email@example.com, specifying Your details and which order You wish to cancel. You must return any goods we have provided. If You have paid us for goods or services other than returnable goods, then instead of the period of 14 calendar days, You may may request the cancellation of provision of those goods or services and full refund of payment at any time prior to the commencement by Us of fulfillment of goods or services by Us or within 14 calendar days, whichever is sooner. 5.7. If We have commenced fulfillment of goods or services other than returnable goods, or a period of 14 calendar days has elapsed since order confirmation, You may still request cancellation of Your order by sending an email to firstname.lastname@example.org, specifying Your details and which order You wish to cancel, but We shall be entitled to deduct from any refund processing charges and costs of goods and services already delivered. We shall be entitled to calculate costs of goods and services already delivered either as a proportion of the total order cost or as if You had ordered the goods and services already provided alone, at Our discretion.
5.8. If We have not agreed to provide a credit account, payment for services shall be due at the time of order. If We have agreed to provide a credit account, payment for services shall be due within twenty-eight days of the time of order. If payment is not received within the specified time, We shall treat the situation as if you had paid using a form of payment that is not honoured, as detailed above.
5.9. You agree that if an outstanding amount remains unpaid past the time payment is due, We may pass Your details to a debt collection agency to assist with collection, and that We may add to the amount You owe Us any costs this causes Us to incur.
5.10. We may cancel any order for goods or services by giving notice to any means of contact You have provided to Us. In this case, Our liability to You shall not exceed the remaining cost of a time limited subscription, pro rata, or the amount you originally paid for the goods or services, whichever is less.
6. Breaches of these terms and conditions
6.1. Should You breach these terms and conditions, We may suspend any login credentials provided to You and may discontinue provision of goods and/or services to You. In this situation, We shall not be liable to You for any refund of monies paid by You to Us.
7.1. We reserve the right to amend these terms and conditions from time to time.
7.2. You agree that We may amend these terms and conditions either by posting a revised copy on our websites, or by sending You a copy to Your registered electronic mail address.
7.3. We shall be entitled to assume You have received electronic communications from us in the absence of receipt of a system notification to the contrary within 48 hours.
7.4. You will be deemed to have accepted any revised terms and conditions if you continue to use The Service after we have posted or you have received such revised terms, or after twenty-eight days have elapsed, whichever is the sooner.
8. Transfer of business
8.1. If Our business changes ownership (including by merger or acquisition), then this agreement shall continue between You and Our successor.
9. Rights of third parties
9.1. No term in this document shall be construed as granting an enforceable contractual right upon any third party. Unless expressly stated otherwise in this agreement, nothing in this agreement confers or is intended to confer any rights on any third party pursuant to the Contracts (Rights of Third Parties) Act 1999.
9.2. You agree that You will not bring any claim personally against Our officers or employees with regard to breaches of these Terms and Conditions, but should You wish to bring a claim, will bring it against our business as described in section 2.
10.1. If any portion of this agreement is deemed unlawful or unenforceable, then the remainder of the agreement shall continue as if that portion had been deleted.
11.1. This agreement and any non-contractual obligations shall be governed by the law of England and Wales.
11.2. Any dispute relating to these terms and conditions shall be subject to the exclusive jurisdiction of English courts.