TERMS AND CONDITIONS

BACKGROUND:

 

This agreement applies as between you, the User of this Website and MedArkive, the owner(s) of this Website.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.



  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:  

 

“Article”



“Clients”

means an article, chapter, video or content owned by MedArkive or any of our clients on this Website;


means any third party who pays MedArkive for use of our Service;

“Content”

means any Articles, text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“MedArkive”

means MEDARKIVE LTD of Kemp House, 152 City Road, London, EC1V 2NX
United Kingdom;

“Service”

means collectively any online facilities, tools, services or information that MedArkive makes available through the Website and apps either now or in the future;

“System”

means any online communications infrastructure that MedArkive makes available through the Website or app either now or in the future;

“User” / “Users”

means any third party that accesses the Website and is not employed by MedArkive and acting in the course of their employment; and

“Website”

means the website that you are currently using (www.medarkive.com) and any sub-domains of this site (e.g. subdomain  www.medarkive.com/readerlink/KOnbxxHJ),) unless expressly excluded by their own terms and conditions.

 

  1. Intellectual Property

    2.1     

    Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of MedArkive, our affiliates, or our Clients.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

    2.2

    You may not print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website unless otherwise indicated on the Website or unless given express written permission to do so by MedArkive.  Specifically you agree that:

    2.2.1       You will not copy Content from the Website unless given express written permission to do so by MedArkive.

  2. Third Party Intellectual Property

    3.1   

    Certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.

    3.2 The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. 
  3. Links to Other Websites

This Website may contain links to other websites.  Unless expressly stated, these sites are not under the control of MedArkive or that of our affiliates.  We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  1. Links to this Website

    5.1

    Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.medarkive.com without prior permission.

    5.2 Deep linking (i.e. links to specific pages within the site) requires the express permission of MedArkive.  To find out more please contact us by email at support@medarkive.com
  2. Advertising

    6.1

    Certain pages on this Website display third party advertising.  MedArkive has neither control over, nor involvement in, any third party advertising or the products and/or services featured therein. 

    6.2

    Unless it is expressly stated (for reasons including, but not limited to, sponsorship), no advertising shall be taken as an endorsement by MedArkive of the products, services or any party associated therewith featured in advertising.

    6.3 Where any advertising utilises cookies or similar technological means to gather data, it shall be governed by our Privacy Policy as set out in Clause 8.
  3. Privacy

Use of the Website is also governed by our http://www.medarkive.com/Clicklinks/privacy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

  1. Disclaimers

    8.1

    MedArkive makes no warranty or representation that the Website or the Articles therein will meet your requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, or that they will be secure. 

    8.2

    The opinions expressed in Articles are those of their authors and do not represent the opinions of MedArkive.

    8.3

    Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, MedArkive makes no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.

    8.4

    No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

    8.5

    MedArkive makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which medical decisions can be based.

    8.6

    Whilst every effort has been made to ensure that all descriptions of services available from MedArkive correspond to the actual services available, MedArkive is not responsible for any variations from these descriptions.

    8.7

    Whilst MedArkive uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

  2. Availability of the Website and Modifications

    9.1

    The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

    9.2

    MedArkive accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

    9.3

    MedArkive reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available.  These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

  3. Limitation of Liability

    10.1 To the maximum extent permitted by law, MedArkive accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
    10.2 Nothing in these terms and conditions excludes or restricts MedArkive’s liability for death or personal injury resulting from any negligence or fraud on the part of MedArkive.
    10.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.
  4. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and MedArkive.

  1. Communications

    14.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to support@medarkive.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
    14.2

    MedArkive may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please notify us via support@medarkive.com or click on the “Unsubscribe” link in any email you receive from us.

  2. Law and Jurisdiction

These terms and conditions and the relationship between you and MedArkive shall be governed by and construed in accordance with the Law of England and Wales and MedArkive and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.