INFORMATION ABOUT US
www.drpodcast.co.uk is a site operated by Dr. Podcast Limited ("We"). We are registered in England and Wales under company number 06527868 and with our registered office at The Granary, Brewer Street, Bletchingley, Surrey RH1 4QP, UK. Our main trading address is 36 Lancashire Road, Bristol BS7 9DL, UK.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
When using our site, you must comply with the provisions of our acceptable use policy below.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy below.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy below.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
"Dr. Podcast" and "Sound Revision" are trade marks of Dr. Podcast Limited.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website www.drpodcast.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use above.
You may use our site only for lawful purposes. You may not use our site:
You also agree:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- User feedback.
- User Reviews.
- Chat rooms.
- Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of website use above upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Dr. Podcast Limited ("We") are committed to protecting and respecting your privacy.
This policy (together with our terms of website use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Dr Podcast Limited of The Granary, Brewer Street, Bletchingley, Surrey RH1 4QP.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
- Information that you provide by filling in forms on our site http://www.dr-podcast.co.uk (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site and the resources that you access.
IP ADDRESSES AND COOKIES
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
- To estimate our audience size and usage pattern.
- To store information about your preferences, and so allow us to customise our site according to your individual interests.
- To speed up your searches.
- To recognise you when you return to our site.
Our store is hosted on Shopify Inc. They provide us with the online e-ommerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement.
GOOGLE SITE STATS
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers, except for payment information which is held on our payment processor's secure servers. Any payment transactions will be encrypted using SSL technology. Your payment details will not be retained after the transaction has been completed, unless you opt to have them recorded for future use so that you do not have to enter them when making future purchases. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Athough we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
If you are an existing customer, we will only contact you by electronic means (email or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form).
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged 35 to 45 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Dr. Podcast Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of website use or terms and conditions for registered users and other agreements; or to protect the rights, property, or safety of Dr. Podcast Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
- ▼Terms and conditions for registered users
This page together with the documents referred to in it sets out the terms and conditions (Agreement) on which we provide access to the Dr. Podcast internet-based medical podcast service (Service) through our website (www.drpodcast.co.uk) (our Site) to you. The Service allows you to access various medical podcasts (Content), subject to payment of the relevant charge(s) for such Content. References in this Agreement to the Service includes the Content.
You should read this Agreement carefully and in full before registering to use the Service via our Site. By registering for, using or otherwise accessing the Service, or any part of it, in any manner whatsoever, you are consenting to become a party to this Agreement and agreeing to be bound by and to comply with its terms. Please print a copy of this Agreement and keep it safe for future reference. This Agreement applies in addition to our terms of website use (including our acceptable use policy).
If you do not accept the terms of this Agreement, you will not be able to register to use the Service.
INFORMATION ABOUT US
- Our Site and the Services are provided by Dr. Podcast Limited, referred to throughout these terms and conditions as "we" or "us". Please note the following information about us:
- We are a limited company registered in England and Wales under company number 06527868.
- Our registered office is at The Granary, Brewer Street, Bletchingley, Surrey RH1 4QP.
- We make no promise that materials on our Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Site, the Services and/or the Content from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United Kingdom, you do so on your own initiative and at your own risk, and you are responsible for compliance with local laws.
YOUR STATUS AND GENERAL OBLIGATIONS
- By registering to use the Services, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old.
- The Service does not include the provision of computer or other necessary equipment to access the Service. To use the Service you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
- Registration for the Service is conducted in the English language only.
- You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (Registration Details). You further agree that, in providing such Registration Details, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Details via the Service, or otherwise advise us promptly in writing of any such changes or updates.
- Once you have registered to use the Service, we will provide you with a unique user name and password to access your account (User ID). You agree that you will not allow another person to use your User ID to access or use the Service under any circumstances. You agree that you are solely and entirely responsible for your User ID and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to keep it secure. We are not liable for any charges, damages, liabilities or losses caused by or related to the theft of your User ID, your disclosure of your User ID, or you allowing another person to access and use the Service using your User ID.
- You are solely and entirely responsible for any and all use of your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorised use of your account or any other breach of security known to you.
- You acknowledge that the complete privacy of your data and messages transmitted over the internet while using the Service cannot be guaranteed.
- When you submit your Registration Details to us, we will send you an email confirming receipt of your Registration Details but this does not require us to accept your registration for the Service.
OUR STATUS AND SERVICE AVAILABILITY
- Although we aim to offer you the best service possible, we make no promise that the Service will meet your requirements. We cannot guarantee that the Service will be fault free. If a fault occurs in the Service you should report it to us by telephoning 07751 768207 or by email to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
- Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
- We may also provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
DELIVERY OF CONTENT DOWNLOADS
- There will be no contract of any kind between you and us in relation to the supply of Content unless and until you confirm your order for a Content download (which includes us receiving payment from you). At any point up until then, we may decline to supply a download to you without giving any reason.
SUSPENSION AND CANCELLATION OF YOUR REGISTRATION
- We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under this Agreement.
- You can cancel this Agreement at any time by informing us in writing. If you do so, you must stop using the Service.
- The suspension or cancellation of your registration and/or this Agreement and/or your right to use the Service shall not affect either your or our rights or liabilities.
- Paragraphs 10 and 12 of this Agreement shall survive cancellation.
- This provision does not affect your statutory rights.
CANCELLATION OF ORDERS FOR CONTENT AND DEFECTIVE DOWNLOADS
- We make downloads of Content available to you through the Service as soon as we have confirmation of your order (including receiving payment from you, if applicable). As soon as you confirm your order for a download of Content, our computer systems make it available to you immediately. Therefore, once you have confirmed your order, you cannot cancel. You will be prompted to initiate the download of the Content to your computer once you have confirmed your order and you will be able to download it only once.
- If you are unable to complete the download process or wish us to provide a replacement for a file that is defective please contact us by telephone on 07751 768207 or by email to email@example.com and, where this is due to our default, we will replace or refund the Content download.
MODIFICATION OF SERVICE
- We reserve the right to modify, suspend or discontinue the Service (or any part of it) without notice to you and shall not be liable to you if we exercise these rights. Where reasonably practicable, we will try to give you reasonable notice of any discontinuation of the Service.
INTELLECTUAL PROPERTY RIGHTS
- No licence is granted to you in this Agreement to use any trade mark of ours including, without limitation, the trade marks "Dr. Podcast" and "Sound Revision" and the logo.
- We and our licensors own all intellectual property rights in the Service and the Site. We and our licensors reserve the right to change, suspend, remove or disable access to any of the Content or other materials making up the Service at any time without notice.
- You must not give, lend, rent, sell or otherwise distribute any Content or materials accessed via the Service to anyone else. In particular you must not upload it to a network or file-sharing service. If any of our licensors suspect you are in breach of this Agreement and ask us to co-operate with them we shall do so, including by cancelling your registration and telling them who you are. We or they could take legal action against you for breaching our or their intellectual property rights.
- Each item of Content that you download from the Service is subject to the following rules about how you can use it:
- You can download each Content file only once;
- You can download Content which will be provided as either an MP3 file or as a ZIP archive file;
- You can upload each Content file to portable devices which belong to you;
- You can burn each Content file onto a CD, provided that it is for your own personal use only. You must not give, lend, rent, sell or otherwise distribute or make it available to anyone else.
PRICES AND PAYMENT
- The prices payable for Content are clearly set out on Site. If, by mistake, we have under-priced an item of Content, we will not be liable to supply that Content to you at the stated price, provided that we notify you before the download concerned is commenced.
- The prices payable for Content are stated in pounds sterling.
- Payment for all Services must be in pounds sterling and made by credit or debit card. Currently, we accept all major UK credit and debit cards and PayPal. We will charge your credit or debit card with the sum owed to us as soon as we accept your order for Content.
- We accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Explorer and versions 3.02 or higher of Netscape. This means you cannot inadvertently place an order through an unsecured connection.
- We make no representations as to the validity of any opinion, advice, information or statement contained in any Content. Any views expressed do not necessarily represent our views. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given in any Content before relying on them.
- The Service is provided by us without any warranties or guarantees. You must bear the risks associated with the use of the internet. In particular, we do not warrant that our Site or its contents, or the Service or the Content is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties.
- In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Content with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Service;
- unsuitability, unreliability or inaccuracy of the Content; and
- inadequacy of the Content to meet your requirements.
- Except as expressly and specifically provided in this agreement:
- you assume sole responsibility for results obtained from the use of the Service (including, for the avoidance of doubt, the Content) by you, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information or instructions provided by you in connection with the Service, or any actions taken by us at your direction; and
- all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
- Our liability for losses you suffer as a result of us breaking this Agreement is strictly limited to the purchase price of the Content you purchased and any losses which are a foreseeable consequence of us breaking the Agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order for the Content is accepted by us.
- This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data, or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
- provided that this paragraph 12.7 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraph 12.5 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this paragraph 12.7.
WRITTEN AND OTHER COMMUNICATIONS
- Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- All communications between you and us must be in English.
- All notices given by you to us must be given to Dr. Podcast Limited at firstname.lastname@example.org We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
- This Agreement is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a contract with us, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a contract with you, or any of our rights or obligations arising under it, at any time during the term of the Agreement.
EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government or regulatory body.
- Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.
- If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the right to revise and amend these terms and conditions from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you register for the Service or order any Content from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you complete your registration (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of you becoming a registered user).
LAW AND JURISDICTION
- This Agreement will be governed by English law. Any dispute arising from, or related to, it shall be subject to the exclusive jurisdiction of the courts of England and Wales although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
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