Terms and Conditions

TalkMedical Online  – Booking Terms and Conditions

These Terms and Conditions apply to the sale of any TalkMedical Online (“TMO”) Online Course. Please read these Terms and Conditions carefully before purchasing an Online Course and print off a copy for your records.www.talkmedicalonline.co.uk and www.talkmedicalonline.com are operated by TalkMedical Online whose registered office is TalkMedical Online , Antrobus House,18 College Street, Petersfield, Hants,GU31 4AD , TalkMedical Online Customer Services telephone number 07584 025609.

1. Definitions

“Bulk Order” means the order of two or more of the same Online Courses on the same date.

“Course Fee” means the fee payable for the Online Course and shall include any VAT payable, if applicable.

“Course Materials” means the materials provided by TMO in the course of the delivery of the Online Course, which may be (i) downloaded from the Website; or (ii) accessed and viewed on the Website (or a combination of (i) and (ii).

“Course Participant” means an individual on behalf of which an Online Course has been booked.

“Course Period” means the duration of time that a Course Participant will be able to access the Online Course, as specified on the website in the course description.

“Individual Order” means the order of a single Online Course on a particular date.

“Online Course” means a course delivered by TMO and accessed by a Course Participant via the Website.

“Online Study Materials” means, but is not limited to, Online Tests and Online Downloads.

“Start Date” means the date upon which an e-mail has been issued to you confirming your access to the Online Course.

“TMO” means Talk Medical Online .

“Website” means www.talkmedicalonline.co.uk. And   www.talkmedicalonline.com

2. Ordering Procedure

2.1                    Subject to Clause 2.2 an Online Courses should be ordered via the Website.

2.2                    Bulk Orders may be ordered via the Website or via the delivery of a purchase order signed by individual(s) with authority to approve such order on behalf of an organisation via postal application or e-mail.

2.3                    Following receipt by TMO of your order for an Online Course via the Website, postal application or e-mail you will receive an automated e-mail confirming that your order has been received by TMO. Your order will be subject to acceptance by TMO of your offer to purchase in accordance with Clause 2.4 below.

2.4                    A legally binding agreement shall not come into existence until:

2.4.1 in the case of Individual Orders, TMO has (i) accepted your offer to purchase an Online Course by sending you a separate order acceptance confirmation e-mail, which will be effective upon sending to you at the e-mail address that you have provided and (ii) receiving notification from our Payment Collection Provider that they have received cleared funds for payment of the Online Course from you; or

2.4.2 in the case of Bulk Orders, TMO has (i) received a Purchase Order containing the signature(s) of duly authorised signatories in respect of such order and (ii) TMO has accepted your offer to purchase.

2.5                    TMO reserves the right to withdraw at any time any Online Course advertised on the Website.

3. Payment Terms

3.1                    The Course Fee for any Online Course at any given time will be displayed on the Website. Course Fees are quoted in pounds sterling, inclusive of VAT.

3.2                    If you purchase an Online Course on the Website:

3.2.1               the Course Fee including VAT, if applicable, will be shown prior to completion of the online transaction; and

3.2.2               You agree to be bound by the Terms and Conditions of our [Course Merchant Hosted Services] as displayed on the Website.

3.3                    If you make a Bulk Order by the submission of a purchase order:

3.3.1               the Course Fee including VAT, if applicable, will be that shown on the Website on the date of receipt of the purchase order; and

3.3.2               You agree to pay an invoiced amount within 30 days of the date of such invoice.

3.4                    TMO reserves the right from time to time to change the amount of the Course Fee.

4.     Cancellation and Deferral Terms

4.1                    Subject to Clause 4.2, under the Consumer Protection (Distance Selling) Regulations 2001 you may cancel your purchase of an Online Course within a period of 7 working days beginning on the day after which the contract is concluded with You as notified by e-mail. For further details of your rights under the Consumer Protection (Distance Selling) Regulations you can visit your local Citizens Advice Bureau or visit the Office of Fair Trading website.

4.2                    You may cancel or defer your order pursuant to Clause 4.1 by e-mail, using the contact details set out at the end of these Terms. Notice will be deemed to be given in accordance with the time period set out in Clause 14.

4.3                    Except as set out in Clauses 4.1 and 4.2, no cancellations and no deferrals will be permitted by You for an Online Course.

4.4                    TMO reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clauses 4.1 and 4.2 and to charge additional fees in any such event.

 5.     Online Course Contents and Access Terms

 5.1                    Please see the description of the Online Course on the Website for details of the contents of the available Online Courses.

5.2                    Except as set out in the description of the Online Course on the Website, no additional Course materials and/or tuition will be provided to any Course participant by TMO.

5.3                    Upon receipt of a confirmation e-mail from TMO you will be notified of when a Course Participant will have access to the Online Course purchased and for the length of time such access will be available such Course Participant, unless any such Online Course is removed. Personal log-in password(s) will be provided to You in such confirmation e-mail to enable Course Participant(s) to access the Online Course.

5.4                    You agree to not disclose personal log-in password(s) to anyone other than Course Participants, nor to allow anyone else to use this password to gain access to the Online Course.

5.5                    In the case of Single Orders, the receipt of an Online Course is personal to You and You may not transfer your rights to access the Online Course or provide an Online Course to any other person.

5.6                    You or a Course Participant may incur charges to your internet service provider while you or a Course Participant are accessing and /or downloading the Course Materials.

5.7                    If for any reason You cancel an order for an Online Course, or in the case of a Bulk Order any part thereof, then access to the Online Course(s), will be cancelled immediately for any Course Participant to whom such cancellation relates.

5.8                    Replacement of a course completion certificate is a service possibly available for up to one year after your access has expired. However we cannot guarantee that we will have kept the information. If you require this service please use the contact e-mail address at the bottom of this document. The cost for this service is £25.

 6.     System Requirements

Please note that it is your responsibility to check that the computer that You and Course Participants intend to use to access the Course Materials and the Online Course is compatible with the minimum specification requirement that relates to the Online Course that You are ordering, as detailed on the Website.  You acknowledge and accept that TMO cannot be held responsible for any technical problems that You or any Course Participant encounter following the purchase of an Online Course.

 7.     Modifications to content of existing courses or technology enhancements

7.1                    From time to time, TMO may make modifications or enhancements to the Online Courses. Course Participants will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by You.

7.2                    For the avoidance of doubt, purchase of current Online Courses does not entitle Course Participants to have access to future revised Online Courses as part of the original purchase.

8.     Technical Support and Access

 8.1                    TMO will provide technical support to individuals who have purchased an Online Course in respect of the Online Course purchased in accordance with the provisions below.

8.2                    If you report a fault to TMO, TMO will use reasonable endeavours to provide a solution but TMO does not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from TMO then TMO will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed.

8.3                    You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical support may not be available during such periods of downtime. Further you accept that you do not have a claim for breach of contract or otherwise in respect of such period of unavailability.

8.4                    TMO will use reasonable endeavours to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. TMO reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.

8.5                    You also accept and acknowledge that TMO cannot be held responsible for any delay or disruptions to You / Course Participants access to the Online Course as a result of such suspension or any of the following:

8.5.1               Any firewall restrictions that You / Course participants have placed on your / their network or the computer You / Course Participants are using to access the Online Course;

8.5.2               The operation of the internet and the World Wide web, including but not limited to viruses; Updated browser issues; and failures of telecommunications links and equipment.

 9.     Warranties

9.1                    TMO expects You to take reasonable care to verify that the Online Course will meet your needs. TMO does not make any commitment to you that You / Course Participants will obtain any particular qualification on completion of the Online Course, other than the downloadable certificate of completion.

9.2                    TMO does not make any representation, guarantee or commitment to You that the Course Materials will be error free.

9.3                    TMO does not make any commitment to You that the Online Course will be compatible with or operate on your / Course Participants software or hardware.

9.4                    All representations, warranties and / or terms and / or commitments not expressly set out in these Terms, howsoever implied, are hereby excluded to the maximum permissible extent at law.

 10.  Limitation of Liability

 10.1                 The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence, or (iii) where such limitation or exclusion cannot be lawfully excluded.

10.2                 Except as set out in these Terms, TMO shall not be responsible for losses that result from its failure to comply with these Terms.

10.3                 Save as otherwise set out in this section, TMO’s maximum aggregate liability to you for any claims that you may have against TMO for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Online Course or any technical support shall be limited to the Course Fee which has been paid.

10.4                 TMO will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is outside TMO’s reasonable control. This condition does not affect your statutory rights.

10.5                 Each provision in this Clause 10 shall be construed separately. If any part is held to be unreasonable, inapplicable or unenforceable, but would if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.

 11.  Disclaimer

11.1                 While TMO has used all reasonable endeavours to ensure that the information on the Website is as accurate as possible, it gives no warranty or guarantee that the material or information made accessible is accurate, complete or current.

11.2                 TMO provides medical information for use as information or for educational purposes. We do not warrant that the information we provide will meet your health or medical requirements. It is up to you to contact a health professional if you are concerned about your health.

11.3                 TMO does not give medical advice in relation to any individual case or patient, nor does TMO provide medical or diagnostic services.

11.4                 If you are a medical or health or allied professional or working within the healthcare environment then you are encouraged to use TMO for general information purposes. However, You / Course Participants should not rely on Course Materials included in the Online Course and we do not accept any responsibility if you do so.

12.  Intellectual Property

 No Course Material on TMO Website may be copied, reproduced or communicated without the prior consent of TMO. Requests for permission of Course Material should be made to TMO, using the contact details at the end of these Terms.

 13.  Data Protection

 TMO will process the information it receives from You or receives from you in accordance with these Terms and our Privacy Policy. You consent to the use by TMO of such information in accordance with these Terms and our Privacy Policy.  You have the right to receive details of the personal information held by TMO. A fee of £15 will be payable.

 14.  General

14.1                 TMO may update or amend these Terms from time to time to comply with law or to meet its changing business needs without notice to you. Revised Terms will be available on the Website.

14.2                 You may not assign or sub-contract any of your rights or obligations to any third party unless we agree in writing.

14.3                 TMO may assign, sub-contract or transfer any of its rights or obligations under these Terms to any third party at its discretion.

14.4                 If any of these Terms are found to be illegal, invalid or unenforceable, the remaining Terms shall remain in full force and effect.

14.5                 Any notices required to be served on you by TMO under these Terms will be deemed properly served if e-mailed to the e-mail address notified by you. Any notices required to be served on you will be deemed properly served if sent to the address as per Clause 15.

14.6                 A notice sent by e-mail is deemed to be given on the day it was sent.

14.7                 These Terms, and any other matters arising out of or in relation to these Terms, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English Courts to settle any disputes which may arise out of or in connection with these Terms.

15. Contact Details

TalkMedical Online

TalkMedical Online,

Antrobus House, 18 College Street,

Petersfield, Hants,

GU31 4AD

Tel:  01730 266505

e-mail:  Sales@talkmedicalonline.co.uk

Talk Medical Online – Website Terms of Use

 Please read these terms and conditions which apply to your use of this Website.

Please read our Privacy Policy , which applies to any personal information collected from you when you use any of the Website.

 If you do not accept these terms

 Access to and use of any of the Website is provided by us subject to these Terms. By using any of the Website you are acknowledging that you have read and accepted these Terms and the Privacy Policy. You should not use any of the Website if you are not happy with these Terms.

We may change these Terms from time to time by updating this page. You should review this page regularly. Your continued use of the Website after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Website if you are not happy with any changes.

If you are using the Website from outside the UK other laws may apply to your use of such Website. We operate the Website from the UK. We are not subject to local laws applicable in your country and the Website may not be compliant with the laws of your country.

Intellectual Property Rights (including copyright)

 The Website and all the materials contained on them are protected by intellectual property rights (registered and unregistered). The design of and materials on the Website are either owned by us, licensed to us or we are entitled to use it.

You may not copy, redistribute, republish or otherwise make the materials on the Website available to anyone else without our prior written permission.

 Accuracy of content on the Website

 We do not represent that information contained on or available via the Website is accurate or complete and it should not be relied on as such.

Information contained in the Website may change from time to time. We may make improvements or alterations to the Website at any time and without notice. We may modify, withdraw or deny access to the Website at any time.

Liability

We do not guarantee that use of the Website will be compatible with the hardware and software that you use, or that it will be uninterrupted or error or virus free.

We would urge you to regularly check for and protect against viruses when using the Website on any hardware. We make no statement about the suitability of the content, information, products or services that are made available via the Website.

We exclude all liability to the fullest extent permitted by law for damages and direct, indirect or consequential loss incurred by you or any other person and which arises out of or in connection with your use of or inability to use the Website or its content, except as set out below.

We do not exclude or limit our liability (if any) to you:

a)    For personal injury or death resulting from our negligence;

b)    For any breach of obligations arising under section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

c)    Under section 2(3) of the Consumer Protection Act 1987;

d)    For any matter for which it would be illegal to exclude liability; or

e)    For fraud.

Data Protection

Any personal information which you provide to us from which we can identify you as a living individual is processed by us in accordance with our notification as a Data Controller at the Information Commissioners Office and our Privacy Policy.

 Jurisdiction

The Courts of England and Wales shall have the non-exclusive jurisdiction over all claims and disputes arising in relation to or in connection with your use of the Website.

If any of these Terms is found by any court or body to be illegal, unlawful, void or unenforceable, that term shall be deemed to be severed from these Terms and this shall not affect the remainder of these Terms which shall continue in full force and effect