Terms & Conditions:
In accepting/using the services the Customer agrees to be bound by the terms and conditions below (the "Webinar Terms").
In this Agreement the following terms shall have the following meanings:
'Authorised Users' are employees and or members of the Customer(s) accessing the Webinar Event and Webinar Materials authorised by the Customer and Supplier;
'Commencement Date' means the date that the Webinar Events and/or Webinar Materials are accessed.
'Services' means jointly the Webinar Event and Webinar Materials provided to the Authorised User;
'Webinar Events' means the recorded subject streams of online seminars available on this website.
'Webinar Materials' means all e-learning products, notes, copies of Webinar Events and any other materials supporting the Webinar Events provided by the Supplier or its third party suppliers to the Authorised Users.
2.1 This Agreement starts on the Commencement Date.
3.1 The Supplier grants an Authorised User a non-exclusive, non-transferable, limited licence to access and use the Webinar Materials from time to time made available to the Authorised User for its business use.
3.2 All right, title, and interest (including all copyrights and other intellectual property rights) in the Services (in both print and machine-readable forms) belong to the Supplier or its third party suppliers. The Customer and or the Authorised User acquires no ownership of copyright or other intellectual property rights or proprietary interest in the Services, or copies thereof.
3.3 Except as specifically provided herein, the Customer and or the Authorised User may not use the Services in any fashion that infringes the copyright or proprietary interests therein.
3.4 The Customer and or Authorised User may not remove or obscure the copyright notice or other notices contained in the Services.
4.1 Content and features may be added to or withdrawn from the Services and the Services otherwise changed without notice.
4.2 Reasonable efforts will be made to ensure that the Webinar Event take place on the advertised date and time. In the event that the Webinar Event does not take place, an alternative date/time may be scheduled. The Supplier reserves the right to substitute speakers and or where events beyond its reasonable control prevent speakers from appearing.
4.3 The Customer consents to the Supplier monitoring the Authorised Users that access the Webinar Event, including the number of computers and their IP addresses to ensure that the unique usernames and passwords have not been distributed beyond those Authorised Users.
5.1 The Supplier may by written notice or suspend its performance of all or any of its obligations under it immediately and without liability for compensation or damages.
6.1 THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE SUPPLIER MAKES NO EXPRESS WARRANTIES UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THAT THE SERVICES ARE OR WILL BE COMPLETE OR FREE FROM ERRORS OR THAT INFORMATION WILL CONTINUE TO BE AVAILABLE TO THE SUPPLIER TO ENABLE THE SUPPLIER TO KEEP THE SERVICES UP-TO-DATE.
6.2 Subject to Clause 6.3, a Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Services or any Webinar Materials available or not included therein, (b) the unavailability or interruption to the supply of the Services or any features thereof or any Webinar Materials, (c) Customer's use or misuse of the Services or Materials (regardless of whether the Customer received any assistance from a Covered Party in using or misusing the Services), (d) the Customer's use of any equipment in connection with the Services, (e) the content of the Webinar Materials and the Service, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any breach of contract, breach of statutory duty, tortious liability (including but not limited to negligence) of a Covered Party or its employees, contractors or agents in connection with the performance of its obligations under these Terms or in respect of the Services. "Covered Party" means (a) the Supplier, the Suppliers' affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of the Supplier or the Suppliers' affiliates; and (b) each third party supplier of the Webinar Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of the Webinar Materials or any of their affiliates.
6.3 Nothing in this Agreement is intended to exclude liability for death or personal injury resulting from any negligence by the Supplier.
6.4 SUBJECT TO CLAUSE 6.3, THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT OR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICES, WEBINAR MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY BREACH OF CONTRACT OR NEGLIGENCE OF ANY COVERED PARTY.
6.5 The Services are provided for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice or judgment or to provide legal advice with respect to particular circumstances. Whilst reasonable efforts are made to keep the Services up to date, the Customer should obtain independent verification or advice before relying upon any piece of information in circumstances where loss or damage may result. The Supplier does not provide and are not providing medical or legal advice. The Customer and Authorised Users are solely responsible for your use of, and/or any reliance on, the Services and accept that the Supplier does not owe Customer and Authorised users any duty of care.
6.6 The Customer agrees that in the event that the Customer breaches the Supplier's intellectual property contained in the Service it shall indemnify the Supplier for any actual or alleged infringement of any intellectual property right, including without limitation, trademarks, service marks, patents, copyrights, misappropriation of trade secrets or any similar property rights. The Customer further agrees to indemnify and hold the Supplier's affiliates and their respective officers, directors, employees and agents harmless from and against any and all liabilities, costs, losses, damages and expenses (including reasonable legal fees) associated with such claim or action. The Supplier shall promptly notify the Customer of any such claim or action; the Supplier shall reasonably cooperate with the Customer in the defense of such claim or action at the Customer's expense; the Customer shall have the sole right to conduct the defence of any such claim or action and all negotiations for its settlement or compromise.
A waiver by the Supplier of any breach by the Customer hereto of any terms, provisions or conditions of this Agreement or the acquiescence the Supplier hereto in any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term provision or condition or of any subsequent act contrary thereto. This Agreement embodies the entire understanding of the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations oral or written, express or implied other than those contained in this Agreement. No variation or amendment of this Agreement or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both parties.This Agreement shall be governed by English law and the Customer consents to the exclusive jurisdiction of the English courts in all matters regarding it. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. Each Party will comply with their obligations in the Data Protection 2018 and the General Data Protection Regulations (as amended or replaced from time to time). The Supplier will use personal information collected about Authorised Users for the purposes of (a) providing access to and use of the Services to Authorised Users, (b) providing customer support and other similar activities related to the Services, and (c) keeping Authorised Users informed about upcoming events and to improve the Supplier's services.
Copyright © 2017 Copyright © 2020
Health Management Ltd. All rights reserved.
Health Management Ltd. is a subsidiary of MAXIMUS and is registered in England and Wales.
Registration number: 4369949. Registered Office: Ash House, The Broyle, Ringmer, East Sussex, BN8 5NN