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Terms and conditions of use of memoryclinic.com (“Conditions”)
1. Definitions
1.1 In these Conditions, unless the context otherwise requires:
Ask the Expert means the enquiry and information exchange system supported by the Site which permits Users to submit queries regarding their own or third parties’ memory impairment to which the Company (or another person authorised by the Company) may post a response in a public area accessed by other Users;
Bulletin Board means the messaging system supported by the Site which permits Users to exchange views and information between them;
Company means Memoryclinic.com Limited, Scottish company number SC223967, having its registered office at 302 St Vincent Street, Glasgow, Scotland G2 5RZ;
Site means the website owned, operated and maintained by or on behalf of the Company and accessed by the domain name “memoryclinic.com”; and
User means any person accessing, viewing, downloading, or using the Site or any part of the Site.
1.2 Any reference to the singular includes the plural and vice versa, and any reference to one gender includes all other genders.
2. Application of these Conditions
2.1 By accessing or using any part of the Site, the User agrees to be bound by these Conditions. Any User not wishing to be bound by these Conditions may not access or use the Site.
3. Changes to these Conditions
3.1 The Company may change these Conditions at any time without any notice to the User. By the User’s continued access and use of the Site the User agrees to check these Conditions regularly for any changes that have been made. The Company will ask the User to confirm his agreement to be bound by these Conditions as part of the registration process for access to the Site.
4. Copyright
4.1 The Site is protected by worldwide copyright laws and treaties. Copyright in the pages of the Site, in the screens displaying the pages and in the information and material contained therein and their arrangement, together with the domain name "memoryclinic.com" is owned by or licensed to the Company, unless otherwise indicated.
4.2 The Site is Copyright © Memoryclinic.com Limited 2002. All rights are reserved. The right of the Company to be identified as the author of the Site has been asserted by the Company in accordance with the Copyright, Designs and Patents Act 1988.
4.3 Permission is granted for the User’s use of copyright material exclusively for the limited purposes of:
(a) printing in hard copy form portions of the content of the Site for maintaining the User’s own personal records;
(b) downloading the pages of the Site for viewing in a compatible web browser; and
(c) storing the pages of the Site in a cache or other temporary retrieval system for the sole purpose of personal viewing off-line.
4.4 Any other use, modification, distribution or re-publication without the prior written consent of the Company is similarly strictly prohibited.
4.5 Any User wishing to use the copyright material for other purposes must first contact the Company for permission on info@memoryclinic.com
5. Linking and Framing
5.1 Links are permitted to the home page of the Site only and not to any other pages of the Site. Linking or framing to the Site is permitted only with the prior written consent of the Company. The Company accepts no liability whatsoever for any information which is accessed through any links to websites operated by other parties.
6. Intended users
6.1 The Site is intended for the use of (1) qualified medical practitioners and other health professionals who require access to the information contained in or collated by the Site in the course of their professional work and (2) members of the general public with an interest in memory impairment issues.
6.2 The Company reserves the right to independently verify any User’s professional details and to refuse access to the website at any time and to refuse or cancel the registration of any User without notice at its own discretion and without liability.
7. Disclaimers
7.1 The material contained in the Site (including without limitation Ask the Expert) is presented for information purposes only and is intended to be used as an information resource only. No warranty is offered or is to be implied by the Company as to the suitability and appropriateness of any information sourced through the Site. Information available on the Site is not suitable for diagnosis, self diagnosis or dispensing by persons unqualified to make medical treatment decisions.
7.2 Without limitation to Condition 7.1 above, the results from the modular on-line memory assessment (“MO-LMA”) or any other memory assessment undertaken by the User are illustrative only and are not suitable for diagnosis or self-diagnosis. No warranty is offered or is to be implied as to the accuracy or otherwise of the results of any such test and the Company recommends that the advice of a qualified medical practitioner should always be sought.
7.3 Neither the Company nor any of its officers, directors, shareholders, employees, affiliates, agents, third-party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to the User:
(a) that the Site will be uninterrupted or error-free;
(b) that the Site or the computer server from which the Site is made available, are free of viruses or other harmful components; or
(c) to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, results, products or merchandise provided through the Site.
7.4 The Company makes and the User accepts, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:
(a) the Site, its content, merchandise, services, documents, information, items or materials provided by the Company in connection with the use of the Site; or
(b) any goods or services or information received through or advertised on the Site or received through links provided on the Site
including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.
7.5 No oral advice or written information given by the Company, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor shall any User be entitled to rely on any such information or advice.
7.6 In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to some Users.
7.7 The Company is not an agent for and does not vouch for those persons, companies and other organisations whose goods or services may be displayed or referred to in the Site, nor for the availability, suitability or prices of such goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations.
7.8 The Company advises Users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organisations whose goods or services may be displayed or referred to in the Site.
7.9 The Site may make available certain information provided by third parties. The Company recommends that before any User uses any such information with respect to any issues or questions that the User may have relating to any clinical issue, the User seeks advice from a qualified professional.
8. Limitation of Liability
8.1 Neither the Company nor its associated content-provider organisations seek to limit or exclude liability for death or personal injury arising from their negligence.
8.2 Under no circumstances will the Company or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of the Site be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:
(a) the use and reliance on the Site; or
(b) the inability to use the Site; or
(c) mistakes, omissions, interruptions, suspension, termination, deletion of files or email, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to the Site including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to the Company’s records, programs or services; or
(d) merchandise, products or services received through or advertised on the Site and merchandise, products or services received through or advertised on any links provided on the Site; or
(e) information, results or advice received through or advertised on the Site and information, results or advice received through or advertised on any links provided on the Site; or
(f) any information, data, text, messages and other materials emailed, posted, uploaded, reproduced, transmitted or otherwise distributed using the Site.
8.3 The Company is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data transmitted to or by a User using the Site is done at the User’s own risk and the Company shall not be responsible or liable for any damages or injury that may result from transmitting such information.
8.4 If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
9. Bulletin Board and Ask the Expert
9.1 The views and opinions expressed in the Bulletin Board and User’s submissions to Ask the Expert are those of the contributors and not the Company. The views and opinions expressed by the Company in responses made by it or on its behalf in Ask the Expert are subject to the Disclaimers section and the Limitation of Liability section (see above). The Company shall not be held responsible in any way whatsoever for the contents of the Bulletin Board or of User’s submissions to Ask the Expert.
9.2 If any User finds any of the contents of the Site inappropriate, they should inform the Company forthwith.
9.3 The User undertakes to the Company that when viewing, using or contributing to the Bulletin Board and/or Ask the Expert, the User shall:
9.3.1 not post on the Bulletin Board and/or Ask the Expert or otherwise transmit to any other User of the Site or to the Company any information, data, viruses, files, graphics, links or other materials which are illegal, harmful, threatening, abusive, defamatory, obscene, discriminatory or otherwise may be deemed undesirable by the Company;
9.3.2 not impersonate, threaten, harass or cause any discomfort or distress to any other User of the Site or any other person;
9.3.3 not post on the Bulletin Board and/or Ask the Expert or otherwise transmit to any other user of the Site or to the Company any promotional, marketing or advertising material, or otherwise solicit the custom of any other User of the Site through the Bulletin Board and/or Ask the Expert or the Site;
9.3.4 promptly and fully comply in all respects with all applicable local, regional, national and international laws applicable to the User’s conduct and the User’s use of the Bulletin Board and/or Ask the Expert and the Site.
9.4 The Company reserves the right to remove from the Bulletin Board and/or Ask the Expert all material which it deems, in its absolute discretion, inappropriate, including, but without limitation, material of a pornographic, defamatory, illegal or otherwise offensive nature.
9.5 No material that is found on the Bulletin Board and/or Ask the Expert that is of a pornographic defamatory illegal or otherwise offensive nature may be copied from the Site or distributed or published in any way.
9.6 By making any contribution to the Bulletin Board and/or Ask the Expert, the User shall be deemed to have granted to the Company an irrevocable world-wide royalty free licence of the copyright in that contribution, to distribute that contribution and the User thereby undertakes that unless otherwise stated such contribution is the original unrestricted work of the User and shall not infringe any right of any third party.
10. Privacy and Data Protection
10.1 The User confirms he has read the Company’s Privacy and Data Protection Policy and agrees to be bound by it.
10.2 If the User submits to the Company or the Site (including without limitation the Memory Test, the Bulletin Board and Ask the Expert) any personal information which concerns or identifies a third party (including but not limited to a relative of the User) then the User warrants to the Company that the user has obtained the proper informed consent of that third party for the purposes of the Data Protection Act 1998.
11. Indemnity
11.1 The User agrees to indemnify the Company fully and keep the Company fully indemnified against any and all loss, damage, injury, costs and expenses whatsoever incurred by the Company and arising from the User’s contribution to the Bulletin Board and/or Ask the Expert (including without limitation any breach by the User of Conditions 9.3.1 to 9.3.4, or Condition 10.2) or the User’s use of the Site.
12. Governing law and Jurisdiction
12.1 These Conditions and all transactions conducted through the Site shall be governed by the law of Scotland, and the User and the Company agree to submit to the non-exclusive jurisdiction of the Scottish Courts.
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