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Terms & Conditions

I ) General

  • Any person who gains access to, and/or uses this web-site (hereafter referred to as "user"), shall be deemed to have read, understood and agreed to comply with the terms and conditions contained in this "Terms and Conditions" section of the web-site.
  • Furthermore, Edcast Medical (through StreamOn.net Limited) may at any time revise the terms and conditions contained in this "Terms and Conditions " section of the web-site, and users should therefore periodically view the contents of this section for the updated terms and conditions, which are in place at the time they gain access to, and/or use this web-site. In any case, users will be bound by such terms and conditions, which are in place, at the time they gain access to, and/or use the web-site.

II) Disclaimers and Limitation of Liability

A) Accuracy of Information

  • StreamOn.net Limited maintains the Edcast Medical web-site to enhance access to training materials and information for medical professionals. Our goal is to keep the information on this web-site as timely and as accurate as we possibly can.
  • However, while StreamOn.net Limited uses reasonable efforts to include accurate and up-to-date information on this web-site, changes to the information contained on this web-site, including changes to data such as names, telephone numbers, etc, would occur on a periodic basis, and it would not be possible for such changes to be reflected on this web-site, until the relevant update to the web-site is carried out. In addition, the information contained on this web-site, including any description of products and services contained herein, may contain inaccuracies or errors.
  • Accordingly, StreamOn.net Limited, our Medical Partners (see section V below), and the Funding Bodies (see section VI below), do not accept any responsibility, and hereby disclaim all legal liability for any loss or damage, howsoever occasioned and whomsoever caused, which arises out of, or in connection with, any inaccuracy or error appearing on this web-site, whether such inaccuracy or error is caused by any act or omission.
  • In particular, any information provided on this web site should not be solely relied on for personal, medical, legal or financial decisions. Users should consult the appropriate professional or expert for specific advice, in respect of their own particular situation or condition.
  • Although we may from time to time monitor or review discussions, chat, postings, transmissions, bulletin boards and the like on edcastmedical.com we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, omission, infringement, defamation, obscenity, or inaccuracy contained in any information within such locations on edcastmedical.com.
  • These terms and conditions shall be governed by and construed in accordance with the laws of Northern Ireland. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Northern Ireland.

B) Technical Errors

  • It is our goal to minimise any disruption caused by technical errors. However some data or information on this site may have been created or structured in files or formats which are not error-free, and we cannot guarantee that our service will not be interrupted or otherwise affected by such problems.
  • While, we will make reasonable efforts to try to rectify such technical errors if they are brought to our attention, StreamOn.net Limited, our Medical Partners, and the Funding Bodies, do not accept any responsibility and hereby disclaim all legal liability for any loss or damage, howsoever occasioned and whomsoever caused, which arises from, or in connection with, any technical errors, or with any problems which arises from, or connection with such errors, whether such problems or errors result directly or indirectly from accessing to, or using this site, including any errors or problems which arises from, or in connection with, the access to, or use of, any external web-site which may be linked to this web-site.

C) Links to External Web-sites

  • Edcast Medical provides links to other Internet sites for the convenience of our users. Some of the documents/files/programs on this server may also contain references (or pointers) to information created or maintained by other organisations.
  • Edcast Medical/StreamOn.net Limited/Medical Partners/Funding Bodies, are not responsible for the availability of, or access to these external sites, nor accept any responsibility for, and hereby disclaim all legal liability for any loss or damage caused by, or connected with, the contents, including the accuracy, completeness, or relevance of any information, product, or process contained within, or connected with these external web-sites. Neither should the provision of links to these external web-sites be viewed as endorsement of these web-sites by the above named.

D) Email

  • The purpose of this policy is to ensure that people who communicate with Edcast Medical  understand the way in which electronic mail (email) should be used. Its aim is to ensure that email is used effectively for its intended purpose without infringing legal requirements or creating unnecessary business risk.
  • The statement below applies to all incoming and outgoing email messages to or from Edcast Medical:

"This email and any files transmitted with it are confidential. If you are not the intended recipient, any reading, printing, storage, disclosure, copying or any other action taken in respect of this email is prohibited and may be unlawful. If you are not the intended recipient, please notify the sender immediately by using the reply function and then permanently delete what you have received."

  • The views expressed by the author may not necessarily reflect the views or policies of Edcast Medical (through StreamOn.net Limited).
  • Internet email is not a secure medium. Emails sent via the Internet could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material to Edcast Medical.
  • You have a responsibility to ensure laws are not broken when composing or forwarding emails and their contents.
  • Attachments to email messages may contain viruses that may damage your system. Whilst Edcast Medical (through StreamOn.net Limited) has taken every reasonable precaution to minimise this risk, we cannot accept any liability for any damage which you sustain as a result of these factors. You are advised to carry out your own virus checks before opening any attachment.
     

E) Viruses and other programs

  • Edcast Medical/StreamOn.net Limited/Medical Partners/Funding Bodies, do not accept any responsibility, and hereby disclaim all legal liability for any loss or damage caused by, or connected with, viruses, or other programs that may affect, the computer equipment, program or other property of any user who gains access to, or uses, this web-site, including such loss or damage caused by the downloading, reproduction or use of any material, including but not limited to data, text, images, video or audio files/programs, from this web-site, or from any external web-site linked to, or associated with, this web-site.

III) Intellectual Property, Ownership and Rights

  • All material displayed on this web-site, including the images of people or places, is either the property of Edcast Medical/StreamOn.net Limited/Medical Partners/Funding Bodies, or has been used with the permission of the rights holder.
  • Accordingly, downloading, reproduction or use of such material by any other person, IS STRICTLY PROHIBITED, unless such downloading, reproduction or use complies with the terms and conditions of use contained within this web-site, and prior consent is obtained from Edcast Medical (through StreamOn.net Limited), and from the relevant rights holder, before such downloading, reproduction or use can be made. Any unauthorised downloading, reproduction or use of such material may also constitute a breach of intellectual property laws including copyright laws and trademark laws.
  • StreamOn.net Limited maintains this web-site for the information and education of users. As such, users may only download, reproduce or use materials displayed on this site for strictly non-commercial and personal purposes, and users are strictly prohibited from modifying, distributing, re-posting, "framing" or using any materials, including but not limited to text, images, photographs, audio and/or video files/programs, contained herein for any public or commercial purpose including for sale, unless prior written permission is first obtained from Edcast Medical (through StreamOn.net Limited).
  • No user shall make use of any material contained within, or associated with this web-site, including, but not limited to, the use of any sign, logo, mark, or domain name associated with Edcast Medical, whether such use be for, or in connection with, another web-site (including use of the materials in, or as, meta-tags in another web-site), or whether such use be in any other form, or through any other means, unless prior written permission is first obtained from Edcast Medical (through StreamOn.net Limited).
  • Furthermore, all users must also retain any copyright, trademark and/or other proprietary notice which may be contained within, or which may be associated with the material which is downloaded, reproduced or used.

IV) Suggestions

  • StreamOn.net Limited welcomes suggestions (comments@edcastmedical.com) on how to improve our home page and website. However, while we appreciate suggestions made to us, StreamOn.net Limited cannot guarantee that suggestions that are received would necessarily be implemented.

V) Medical Partners

  • NIMDTA (Northern Ireland Medical & Dental Training Agency)
  • NICPPET (Northern Ireland Centre for Postgraduate Pharmaceutical Education & Training)
  • RCOG (Royal College of Obstetricians & Gynaecologists)
  • iPath Diagnostics (Pathology).

VI) Funding Bodies

  • The initial development of this site was funded by Department of Enterprise Trade and Investment (DETI) and the Government of the United Kingdom (GovUK) under the Northern Ireland Broadband Content Initiative.

VII) Refund Policy

  • As our products are available as fully functional downloads or, in the case of web based courses, as online demos, our clients are able to test and try the products before buying them. For this reason, we offer no refunds as a matter of policy.
  • If a problem occurs during the online viewing or downloading with the fault originating from the EdcastMedical.com website, resulting in the client being unable to access the course materials, which could not be rectified by a member of the EdcastMedical.com staff, a refund may be given. However, if the fault occurred on the local host’s machine, EdcastMedical.com does not take responsibility for the course not being received.

Cooling-off Period for Online Courses

  • If for any reason you are not satisfied with the course you have purchased you are entitled to a full refund within seven days of the date you made the purchase of the course, unless you have started the course itself.
  • For the purpose of on-line courses you are considered to have started the course once you have logged onto EdcastMedical.com and have begun to view the course video.

Applying for a Refund

If you meet the conditions specified above, and wish to apply for a refund, the following procedure applies.

  1. Contact the Administration department at EdcastMedical.com through the following address: support@edcastmedical.com explaining that you wish to apply for a refund.
  2. If you meet the conditions specified above a refund will be issued.
  3. EdcastMedical.com will respond, and make the necessary refund if relevant within 21 days.

If you cancel your course 8 days or more after purchase of the course, or after logging in and commencing viewing of an on-line course, EdcastMedical.com is not able to make any refund of fees.

VII) Royal College of Obstetricians and Gynaecolgists Specific Terms & Conditions

IMPORTANT By accessing the Training Material on the Website, you, the Subscriber, agree that you fall within the definition of “Subscriber” below and you agree that in return for and as a precondition of your being permitted to use this Website and material supplied under this Licence.  If you do not agree to these terms please leave this Website now.  All rights other than those expressly granted in these Subscriber Conditions are expressly reserved.  Your attention is drawn to the limitations and restrictions of liability and to the disclaimer in clause 5 below:

Agreement and Licence
(1) Streamon.net Limited of Unit 8 Ormeau Business Park, Ormeau Road, Belfast, BT7 2JA  (“Licensor”); and
(2) The individual entitled to access this Website and the Training Material on it for the Purpose, subject to observance of the terms of these Subscriber Conditions ("Subscriber");
together the "Parties"

1 DEFINITIONS
Commercial Purposes means any purposes in the provision of private healthcare which are undertaken with the intention of making a Financial Gain, regardless of whether a Financial Gain is actually made;

Financial Gain means a gain from the receipt by the Subscriber or a third party of any revenue or credit for the use of the Website, or publication or display, or sale or licence or sub-licence of any material accessed through the Website;

Master Licence means an Agreement between the RCOG and the Licensor relating to the publication of the Training Material dated July 2008;

Purpose means training relating to the provision of services to NHS patients in the UK NHS, but not for training relating to Commercial Purposes;

RCOG means the Royal College of Obstetricians and Gynaecologists of 27 Sussex Place, Regent’s Park, London, NW1 4RG;

Training Material means the training material prepared by RCOG accessed by the Subscriber through this Website, more specifically the modules titled “Early Pregnancy Problems and Management” and "Teenage Pregnancy and Reproductive Health";

Term means the period of this Licence which shall commence only on you clicking on “I accept” and which shall not extend beyond the end of any Master Licence under which these Subscriber Conditions are imposed, nor after any breach of these Subscriber Conditions.

Territory means the United Kingdom of Great Britain and Northern Ireland

Use means viewing the Training Material whether in electronic or paper form, including printing (to the extent permitted only) as part of the Purpose and not for any Commercial Purpose.

Website the website accessed through the url www.edcastmedical.com or such other or others as shall be advised to the Subscriber.

2 LICENCE
2.1 The Licensor now grants to the Subscriber a non-exclusive, non-transferable licence to Use Training Material for the Purpose in the Territory for the Term subject to the adherence by the Subscriber to these Subscriber Conditions (“this Licence”).
2.2 This Licence is limited specifically to the rights granted above and subject to the obligations set out in the remainder of this Licence, in particular the Subscriber's obligations set out in clause 3.  This Licence allows the Subscriber personally to Use Training Material only to the extent required for the Purpose, but does not allow the Subscriber to Use Training Material for Commercial Purposes nor to allow anyone else to view the Training Material, nor to copy such material for others. For the avoidance of doubt, access for Use outside the provision of services to NHS patients in the UK NHS and for Commercial Purposes, including the provision of private healthcare is not permitted under this Licence.  Other than as expressly granted by the Licence, all rights are reserved to the RCOG.
2.3 The Licensor may terminate this Licence (or part of the Licence relating to such Training Material as the Licensor may specify) forthwith for breach by the Subscriber by suspending the Subscriber’s access without notice at any time.
2.4 This Licence is subject to the Subscriber accepting these terms of these Subscriber Conditions and of this Licence.
2.5 This Licence is granted under the terms of a Master Licence from RCOG and is dependant on the continued existence of that Master Licence, and accordingly may be withdrawn at any time.

3 END USER'S OBLIGATIONS
3.1 The Subscriber shall Use the Training Material exclusively for the Purpose and for no other purpose.
3.2 The Subscriber shall ensure (and this Licence shall only continue whilst none of the following have occurred) that:
(a) Where so allocated, no one other than the Subscriber shall learn of any password allocated to the Subscriber;
(b) any copy protection and digital rights management measures within the Website or the Training Material are not altered nor shall any attempt be made to attempt to circumvent them;
(c) any watermarks and acknowledgements included on the Training Material and on any paper copies produced are not altered;
(d) the Training Material is viewed only by the Subscriber and Used only for the Purpose;
(e) the Training Material is not copied, adapted, varied or modified except to the extent and only to the extent to which any of those acts are expressly permitted by this Licence;
(f) the Subscriber does not Use the Training Material other than in connection with the provision of health services to NHS patients in the UK NHS; and
(g) the Subscriber does not Use the Training Material for Commercial Purposes nor does he/she permit any other person access to the Training Material whether for remuneration or otherwise.
3.3 The Subscriber shall ensure that the Licensor’s and the RCOG’s logos and names or any other trademarks contained in the Training Material or any other Licensor or RCOG materials supplied with, or in addition to, the Training Material are not altered, obscured, removed or added to.
3.4 The Subscriber shall take all reasonable steps to prevent unauthorised Use and exploitation of Training Material by any person.
3.5 The Subscriber shall notify the Licensor as soon as reasonably practicable should it become aware of any unauthorised Use of the Training Material.  The Subscriber shall, at the cost and expense of the Subscriber, provide all reasonable assistance to the Licensor in the pursuit of any remedy in relation to any such unauthorised Use or breach of licence and the Licensor shall have absolute discretion with regards to what action to take.

4 ENTIRE AGREEMENT
4.1 This Licence, including its Schedules (if any) and all documents which are required by its terms to be entered into by the Parties, sets out the entire agreement between the Parties in connection with the subject matter of this Licence and supersedes all prior oral or written agreements, arrangements or understandings between them but shall not impact on any agreements between them regarding the payment of Licence Fees.
4.2 The Parties acknowledge that they have not entered into this Licence in reliance upon any warranty, representation, covenant, undertaking, agreement, term or condition which is not set out in this Licence.
4.3 The Subscriber acknowledges that its agreement is with the Licensor and not RCOG and that the Subscriber has no rights under the Master Licence.

5 LIMITATION
5.1 Subject to clause 5.2, neither the Licensor or RCOG shall be liable in contract, tort (including without limitation of negligence, pre-contractual or other representations) or otherwise arising out of or in connection with this Licence for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings, whether direct or indirect in nature);
(b) any loss of goodwill or reputation;
(c) any special, indirect or consequential losses in any case whether or not such losses were within the contemplation of the Parties at the date of this Licence.
5.2 Nothing in this Licence shall exclude or limit liability of a party for death or personal injury resulting from the negligence of that party or its servants, agents or employees or for fraudulent misrepresentation.
5.3 The Licensor excludes any warranty that the Training Material is fit for any particular purpose.  This material has been developed and designed solely for the Purpose. It is provided for Use by appropriately qualified professionals, and the making of any decision regarding the applicability and suitability of the material in any particular circumstance, is subject to the User’s professional judgment.  Neither the Licensor nor RCOG are legally committed to the production or maintenance of any material, and nothing in this Licence is to be read as obligating either in such respect.
5.4 Whilst every reasonable care has been taken to ensure the accuracy of the material, neither the Licensor nor RCOG can accept any responsibility for any action taken, or not taken, on the basis of it.
5.5 Neither the Licensors nor RCOG shall not be liable to any person for any loss or damage, which may arise from the Use of any of the Training Material. RCOG does not exclude or limit liability for death or personal injury to the extent only that the same arises as a result of the negligence of RCOG, its employees, Officers, members and Fellows, or any other person contributing to the formulation of the material.
5.6 The Subscriber acknowledges that access to the Training Material is dependent on the functioning and availability of servers and internet connections and that access therefore cannot be guaranteed whether at any particular time or at all.
5.7 The Subscriber acknowledges the above limitations and exclusions as reasonable.

6 INDEMNITY
6.1 The Subscriber acknowledges that the Training Material is itself licensed in from RCOG and the Subscriber shall indemnify and keep indemnified the Licensor and RCOG against all their costs, liabilities and losses arising out of the Subscriber’s breach of these Subscriber Conditions and this Licence, and in particular against all demands, liabilities, claims made, or proceedings brought, against the Licensor or RCOG in respect of any loss or damage and against all costs and expenses reasonably incurred in dealing with or in settling such demands, liabilities, claims or proceedings arising from the breach of any provision of this Licence by the Subscriber except to the extent that any such liability is directly attributable to any negligent act of the Licensor or of RCOG, as the applicable indemnified party in the circumstances.
6.2 The Licensor shall notify the Subscriber as soon as practicable of any demand or claim made, or proceedings brought against the Licensor in respect of any relevant loss or damage.

7 INTELLECTUAL PROPERTY RIGHTS
The Subscriber acknowledges and agrees that RCOG (or its licensors, as applicable) shall own all IPR in the Training Material and shall remain free to deal with such material and such rights as it wishes, including publishing the Training Material itself or licensing to others for use the Training Material.  The Subscriber shall not acquire any rights to any Training Material and for the avoidance of doubt is not free to grant any rights to anyone else other than as is specifically set out in this Licence.

8 ASSIGNMENT AND SUBLICENSING
8.1 The Subscriber may not assign any of his/her rights or the benefit of all or part of this Licence.
8.2 The Subscriber may not sub-license any of its rights or the benefit of all or part of this Licence.

9 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
9.1 For the purpose of section 1(2) of the Contracts (Rights of the Third Parties) Act 1999 the Parties state that no person who is not a party to this Licence shall have any rights under it, save RCOG, which shall be entitled to the benefit of its terms and to enforce it against both the Licensor and the Subscriber and the Parties shall not amend vary and or terminate it without the written consent of RCOG. The Licensor and Subscriber shall not have the right to raise any matter by way of set off or counterclaim against RCOG in the event that it is enforcing rights or obligations under these Subscriber Conditions.

10 JURISDICTION AND GOVERNING LAW
10.1 The validity, construction and performance of this Licence shall be governed by English law and the Parties submit to the exclusive jurisdiction of the English Courts.