Terms of Service

PLEASE READ THESE TERMS CAREFULLY AS THEY SET OUT THE TERMS IN ACCORDANCE WITH WHICH YOU MAY USE THIS SITE.

1    DEFINITIONS

  • Conditions – means these terms and conditions
  • Users – means the users of this Site collectively
  • We/us/our – means Liberum an independent Medical Education Provider
  • Site – means: https://www.liberumime.com/
  • Cookies – means small text files which the https://www.liberumime.com/ website places on your computer's hard drive to store information about your visit to out their site and to identify your computer
  • United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands
  • You – means a user of this Site

2    BY USING OUR REGISTRATION SITE YOU ACCEPT THESE CONDITIONS  

This Website and/or its services is intended for physicians and other healthcare professionals. By using the Website and/or its services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Website Terms and that you are not prohibited from using the Website and/or its services or any portion thereof.

You are provided with access to this Site in accordance with these Conditions. By using our Site, you confirm that you accept these Conditions and that you agree to comply with them. If you do not agree to these Conditions, you must not use our Site. 

We recommend that you print a copy of these Conditions for future reference. If you have any difficulty doing so, please email us at: info@openhealth.com

3    THERE ARE OTHER TERMS THAT MAY APPLY TO YOU  

Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site, is set out at the end of these Conditions. When using our Site, you must comply with this Acceptable Use Policy.

These Conditions of use refer to the following additional terms, which also apply to your use of our Site: 

  • Our Privacy Policy, which sets out the terms on which we process personal data and information about you that we collect from you, or that you provide to us, and includes our Cookie Policy, which sets out information about the cookies on our Site. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

It is important that you read the documents listed above and only use our Site if you understand and agree to be bound by them.

4    WE MAY MAKE CHANGES TO THESE CONDITIONS 

We may revise these Conditions at any time by amending this page without notifying you. By continuing to use and access our Site you agree to be bound by any variation made by us. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Conditions may also be superseded by provisions or notices published elsewhere on our Site. If you do not agree to any change to the Conditions then you must immediately stop using the Site.

5    WE MAY MAKE CHANGES TO OUR SITE  

We may update and change our Site from time to time to reflect changes to our services, our users’ needs and our business priorities. We shall not be liable to you or to any third party for any such modification of our Site. Furthermore, we accept no liability in respect of losses or damages arising out of changes made to the content of our Site by unauthorized third parties. 

6    WE MAY SUSPEND OR WITHDRAW OUR SITE  

Our Site is made available free of charge to individuals. If you are a company we will charge a fee on an annual basis for the use of this site to access membership only content. Membership may also entitle you to copies of relevant industry recognized publications if your email and or your contact address details are up to date.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or restrict the availability of all or any part of our Site for business and operational reasons. We shall not be liable to you or to any third party for any such modification, suspension or discontinuance of our Site.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Conditions and other applicable terms and conditions, and that they comply with them.

7    SECURITY

Liberum maintains its databases and systems in accordance with industry standards to protect user information. However, it cannot guarantee the security of this information at all times due to factors including unauthorized use, hardware or software failure, accidental disclosure and other factors that may compromise the security of user information.

8    YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE 

Some parts of the Website require registration. You are solely responsible for the confidentiality and use of and access to the Liberum content and Website using your username, password or ID. You must keep your account details safe. You agree to immediately notify Liberum if you become aware of any loss or theft of any username, password or ID or any unauthorised use of a username, password, ID, or any other login details. Liberum reserves the right to monitor and record activity on the Website, including access to content.

You must ensure that the details you provide us with are correct, complete and not inappropriate in any way. You must not impersonate any other person or entity or use a false name or a name that you are not authorised to use. You agree to inform us immediately of any changes to the information that you provided when registering. You can access and update the information you provide to us within the appropriate area of our Site.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Conditions. 

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by emailing info@openhealth.com

9    HOW YOU MAY USE MATERIAL ON OUR SITE  

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Site or any App shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Site is made available for your personal non-commercial use only. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our site. Any other use of the material and content of the Site is strictly prohibited. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, modify, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content without obtaining a licence to do so from us or our licensors.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

If you print off, copy or download any part of our site in breach of these Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

10    DO NOT RELY ON INFORMATION ON THIS SITE  

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied that the content on our site is accurate, complete or up to date.

11    WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO  

Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources. You use such links entirely at your own risk and we accept no responsibility or liability for the content, use, or availability of such websites or for any loss or damage, however arising, as a result of their use.

12    OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU   

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a corporate user: 

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • Use of, or inability to use, our Site
  • Use of or reliance on any content displayed on our Site
  • In particular, we will not be liable for
  • Loss of profits, sales, business, or revenue
  • Business interruption
  • Loss of anticipated savings
  • Loss of business opportunity, goodwill or reputation; or
  • Wasted management or office time and any indirect or consequential loss or damage however arising and whether caused by tort (including negligence,) breach of contract or otherwise even if foreseeable.
  • Please note that we only provide our Site for private use as well as for corporate members who have a legitimate business interest in the area of Nursing and Oncology. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity for any interruption to the availability of the site or from any reliance of content produced and published.

13    DISCLAIMER

We will always aim to provide you with the best service we can, but our service is provided “as is” and we do not and cannot promise that all of the information provided in our services will always be 100% accurate. The information provided by our services is for information purposes only and does not constitute advice. All our services are provided without any warranties or guarantees.

Some of the information provided by our services is supplied to us by our third party partners. We have no control over third party content and we are unable to guarantee the accuracy of such third party content. You agree that you access any content at your own risk. Before relying on any information, whether it is from us or from our third party partners, we advise you to verify the accuracy of such information.

Whilst we will do our best to ensure that our service is fully operational at all times, we are not responsible for and shall not be liable to you for any problems or temporary interruptions in using our services arising from factors outside of our control (e.g. technical problems from traffic congestion on the internet) or for any problems arising from participating in or from downloading third party content.

To the extent permissible by law, we are not responsible for any loss or damage resulting from use of our services or from any content posted on or through our services.

14    LIMITATION OF OUR LIABILITY TO YOU

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our Website; or
  • use of, or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user

  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

15    YOUR RESPONSIBILITY TO US

If you are in breach of these Conditions, you agree to indemnify and hold us, and our officers, directors, employees, agents and suppliers, harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach. This means you will be responsible for any loss or damage we suffer as a result of your breach of these Conditions.

When a breach of these Conditions has occurred, we may take such action as we deem appropriate, which may include temporary or permanent withdrawal of your right to use our Site, issue of a warning, or any legal action against you. 

16    USER GENERATED CONTENT

Users of our services may be given an opportunity to interact with us and submit, post and/or upload content (including comments and pictures). In posting your content, you confirm to us that you are the owner or have consent from the owner to post the content and that the content complies with our Participation Guidelines and does not defame any person, company or business or violate the privacy rights, copyright and other intellectual property rights, contract rights or any other rights of any person.

By submitting content, you grant us a non-exclusive, transferable, sub-licensable, perpetual, royalty free worldwide licence to use any of the content that you post on or in connection with our services and you also irrevocably waive the benefit of any moral rights you may have in any such material. We do not claim any ownership rights in your content and you continue to retain all ownership rights in your content.

By submitting content, you also warrant that you have read and agree to be bound by our Participation Guidelines which are incorporated in these website terms of use and govern all interactions with us.

We do not endorse any user generated content nor do we guarantee the accuracy or authority of any user generated content. We reserve the right to remove your content and to remove, suspend or discontinue your opportunity to submit, post and/or upload content, at any time and for any reason at our sole discretion and without further recourse to you.

17    WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM  

You access our Site and download material from it at your own risk and we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material.

You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately. 

18    RULES ABOUT LINKING TO OUR SITE  

You do not need to request permission to create a text link from your website to the Site. However, you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our Site other than that set out above, please contact info@openhealth.com

19    WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?  

These Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

20    ACCEPTABLE USE POLICY

Prohibited uses: You may use our Site only for lawful purposes. You may not use our Site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To knowingly transmit any data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these terms of use.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our Site;
    • any equipment or network on which our Site is stored;
    • any software used in the provision of our Site; or
    • any equipment or network or software owned or used by any third party.

21    COPYRIGHTS AND TRADEMARKS

The information, documents, and related graphics published in this Internet Website (the "Information") are the sole property of Liberum, except for information provided by third-party providers under contract to Liberum, and its subsidiaries or affiliates. Permission to use the Information is granted, provided that (1) a copyright notice confirming our ownership of the content appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way without first obtaining our prior written consent; and (4) no graphics available from this Website are used separate from accompanying text acknowledging our copyright ownership. Liberum is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein.

22    COPYRIGHT MATERIAL

Liberum and Liberum IME are unregistered trademarks of OPEN Health Communications LLP. You are not permitted to use our name or logo or without our approval. The content of this Website is the copyright of Liberum. You are not permitted to use our name or without our approval.

23    LICENCE FEE, PAYMENT AND TRANSACTIONS

Access to certain Liberum Content may be subject to a fee or subscription. All payments (including applicable taxes) must be made in advance in a currency specified by Liberum. You are responsible for the payment of all charges associated with the use of the Website using your Username, Password or ID.

If you purchase goods or services from this Website our standard Terms and Conditions of supply apply to such sales.

There may be from time to time opportunities to use the Websites to purchase products or services from third party suppliers. In that event, your contract for such products will be with the third party provider and not with Liberum.

All refunds that relate to Liberum products or services are at the discretion of Liberum. Any product specific offers, conditions or terms are stated at the point of purchase for that product. 

24    TERMS AND TERMINATION

Liberum may, at its discretion, terminate or suspend individual or group access to all or part of the Website (including any right to access and use Liberum content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of Liberum provided in these Terms or by law.

25    INDEMNITY

You agree to indemnify and hold Liberum, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including attorneys' fees, made by you or any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

26    WHO WE ARE AND HOW TO CONTACT US  

Liberum is an independent Medical Education company. We are registered in England and Wales and  have our registered office and trading address at PO BOX 70693 62 Buckingham Gate, London, SW1P 9ZP. Our VAT number is 238 8222 51.

© 2018 Liberum Independent Medical Education. All rights reserved.

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