Terms & Conditions
Please read these terms and conditions carefully before using this website (the "Site"). Registering on or continuing to use this Site indicates that you accept these Terms and Conditions. If you do not accept these Terms and Conditions, please do not use this Site. We may change our Terms and Conditions from time to time so you should review them regularly. Your use of this Site will be deemed an acceptance of the terms and conditions existing at that time.
Information About Us
This Site is operated by the British Osteopathic Association (“we”/“us”/”our”). We are registered in England and Wales under company number 2391297 and have our registered office at 3 Park Terrace, Manor Road, Luton, Beds LU1 3HN.
Our contact details are as follows:
Address: 3 Park Terrace
General email: email@example.com
Telephone number: 01582 488455
Fax number: 01582 481533
USE OF THE SITE
1 Accessing and registration on This Site
1.1 Some parts of our Site may only be available to users who have registered with us.
1.2 We reserve the right to restrict or deny you access to all or some parts of the Site if you breach of these Terms and Conditions or act in any way which may cause offence or distress to any users.
1.3 If you choose, or you are provided with, a user identification code, password or other information as part of our security procedures, you must treat such information as confidential, and not disclose it to any third party. We have the right to disable any user identification code or password at any time, if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
1.4 Whilst we shall endeavour to ensure that this Site is normally available 24 hours a day, we will not be liable if, for any reason, this Site is unavailable at any time or for any period. Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control.
2 Permitted Use
2.1 Subject to clause 2.2, you may print and download extracts from this Site strictly for your own personal, non-commercial use.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Site (including, without limitation, photographs and graphical images) are owned by us, our licensors, or where applicable in the Suppliers Directory by the relevant supplier. For the purposes of these Terms and Conditions any use of extracts from this Site other than in accordance with clause 2.1 for any purposes is prohibited.
2.3 No part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
2.4 You agree not to:
2.4.1 use any part of the materials on this Site for commercial purposes without obtaining a licence to do so from the relevant party;
2.4.2 copy, reproduce, distribute, republish, download, display, post, store, transmit or make available in any form or by any means, any content of this Site, without our permission and/or except as permitted above; and
2.4.3 provide a link to this Site from any other website without obtaining our prior written consent.
2.5 Any rights not expressly granted in these Terms and Conditions are reserved.
3 Material Submitted By You
3.1 By submitting any material to us, you:
3.1.1 grant us a royalty-free, perpetual, irrevocable licence to use, reproduce, modify, edit, adapt, publish, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and otherwise use such material for any and all commercial or non-commercial purposes and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content; and
3.1.2 warrant that you own all such materials.
3.2 You acknowledge and agree that any and all material published on the Site is published at our discretion. Any material which is transmitted or posted to this Site which is in breach of these Terms and Conditions, which may cause offence or distress to any users may be removed by us.
3.3 You are agree not to post any material:
3.3.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
3.3.2 for which you have not obtained all necessary licenses and/or approvals and/or which infringes the intellectual property rights of any third party;
3.3.3 which constitutes or encourages conduct that would or may cause harm to others or be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK; or
3.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.4 You may not misuse the Site in any way (including, without limitation, by hacking).
3.5 We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting material in breach of clause 3.
4 Third Party Material
This Site contains material submitted and created by third parties including other Site users. We exclude and disclaim all liability for any illegality arising from or error, omission or inaccuracy in such material and we take no responsibility for such material, in each case to the extent permitted by law.
5 Links From This Site
5.1 Links to third party sites on this Site are provided solely for your convenience. If you use these links, you leave this Site. We do not control and are not responsible for these sites, their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
6.1 While we endeavour to ensure that the information on this Site is correct, we do not warrant the accuracy and completeness of the material on this Site. We may make changes to it, or to the products and prices described in it, at any time without notice. The material on this Site may be out of date, and we make no commitment to update such material.
6.2 The material on this Site is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms and Conditions, might have effect in relation to this Site.
6.3 Commentary and other materials posted on the Site are for information purposes only and do not constitute advice upon which reliance should be placed. We therefore disclaim any liability and all responsibility arising from any reliance placed on such materials by any Site user, or by anyone who may be informed of any of its contents.
6.4 Without prejudice to clause 6.3 above, you acknowledge that we provide the information on the Site as a useful tool to assist in the management of your practice and any related issues and that although this section contains advice, this is general advice only and is not tailored to particular circumstances. You acknowledge that any information we provide anywhere on the Site should not be used as a substitute for specific professional advice in context and that you should take specific professional advice before taking or refraining from taking any action in reliance on the information contained on the Site.
7.1 Without prejudice to clause 15 (which governs our liability in respect of sales made via this Site) we exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with:
7.1.1 this Site in any way;
7.1.2 the use, inability to use or the results of use of this Site, any third party Sites linked to this Site or the material on such websites, including, without limitation, loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site; or
7.1.3 your downloading of any material from this Site or any Sites linked to this Site.
7.1.4 access and/or use by you of any electronic or hard copy tools made available via the Site, to assist in the management of your practice or otherwise.
7.2 Nothing in these Terms and Conditions shall exclude or limit our liability for:
7.2.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
7.2.3 misrepresentation as to a fundamental matter; or
7.2.4 any liability which cannot be excluded or limited under applicable law.
7.3 It is prohibited to access the Site from territories where its contents are illegal or unlawful. If you access this Site from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with any and all local laws. We will not be liable for any breach by you of such laws.
7.4 Subject to clause 7.2 and without prejudice to clause 7.1, you acknowledge that our total aggregate liability in contract, tort or otherwise (including negligence or breach of statutory duty) arising out of or in connection with these Terms and Conditions and/or the use of the Site by you or any related party shall under no circumstances exceed twice the membership fee paid by you in respect of the then current annual membership term.
7.5 The parties expressly agree that clauses 6 and 7 fairly apportion risk and liability and are reasonable in all the circumstances having regard to all relevant factors, including, without limitation;
7.5.1 the nature and cost of the membership offered by us; and
7.5.2 the fact that we have no knowledge or control over the uses to which you may put the material contained on the Site.
7.6 For the avoidance of doubt, subject to clause 7.2, you are, and shall remain, responsible for all responsibilities, claims and/or liabilities relating to your relationship with your patient (whether brought by a patient, or any third party (including any regulator or professional body or otherwise), including without limitation in relation to the collection and retention of information, and the provision by patients of informed consent to treatment. Accordingly the use of guidance or tools provided via this Site is used entirely at your own risk and discretion.
8 Termination of the site
We reserve the right, and shall notify registered users if we intend, to modify, suspend or discontinue the Site and any of the services offered on or through the Site.
SALE OF PRODUCTS
9.1 By placing an order through our Site, you warrant that:
9.1.1 you are legally capable of entering into binding contracts; and
9.1.2 you are at least 18 years old.
9.2 You are deemed to place an order with us either by ordering via our online checkout process or by completing and returning order forms provided on the Site. Your order constitutes an offer to us to buy a product and is subject to acceptance by us.
9.3 Our acceptance of an order takes place when we dispatch the order. This will be confirmed either by sending you an email that confirms that the product has been dispatched (the “Dispatch Confirmation”) or by receipt of the goods where the goods are ordered by postal order. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order. The contract between us will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation or those received pursuant to a postal order. We will not be obliged to supply any other products which may have been part of your order until such products have been dispatched.
9.4 We may refuse to accept an order:
9.4.1 where products or services are not available;
9.4.2 where we cannot obtain authorisation for your payment;
9.4.3 if there has been a pricing, product description or services description error; or
9.4.4 if you do not meet any eligibility criteria set out in our Terms and Conditions or you otherwise breach our Terms and Conditions
10 Availability and delivery
We will use reasonable endeavours to fulfil your order within a reasonable time unless there are exceptional circumstances.
11 Risk and title
11.1 The products will be at your risk from the time of delivery.
11.2 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including any delivery charges.
12.1 Prices will be as quoted on our Site from time to time, except in cases of obvious error. We are under no obligation to provide the products to you at the incorrect price. Prices are liable to change at any time, but changes will not affect ordering in respect of which we have already sent you a Dispatch Confirmation.
12.2 All prices include VAT (where applicable) at the current rates.
12.3 Where we charge separately for packing, carriage and insurance and other relevant charges we will inform you of this before you place your order.
12.4 Payment for all products must be by valid credit or debit card, or where applicable by cheque. We will charge your credit card account for payment upon receipt of order. We accept no liability if a delivery is delayed because you did not give us correct payment details.
12.5 If it is not possible to obtain full payment for the products from your account, we can cancel your order or suspend further deliveries to you. This does not affect any other rights we may have in these circumstances.
13 CANCELLATION AND RETURNS POLICY
13.1 If you wish to cancel your order:
13.1.1 you can notify us by email to firstname.lastname@example.org before we have dispatched the products to you; or
13.1.2 where goods have already been dispatched to you, by informing us in writing and returning products to us in accordance with clause 13.2 below.
13.2 You can return goods you have ordered from us for any reason at any time within seven days of receipt for a full refund or with the exception that the right to return goods will not apply if:
13.2.1 the product has been used; or
13.2.2 packaging has been unsealed; or
13.2.3 products have been made or customized for you.
13.3 If you decide to return any goods the costs and risk of returning products to us shall be borne by you. You have a legal obligation to take care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
13.4 Upon receipt of the products returned in accordance with this clause 13 we will give you a full refund of the amount paid. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
13.5 The provisions of this clause 13 do not affect your statutory rights.
14 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 where such failure or delay arises out of or in connection with any act of God, war, riot, strikes, lock-out, industrial action, fire, flood, tempest or any event beyond our reasonable control.
15 Our liability to you for sales of products
15.1 Our liability for losses you suffer as a result of any sales by us in connection with the Site is strictly limited to the purchase price of the product and any losses which are a foreseeable consequence of us breaking our obligations under these Terms and Conditions. Losses are foreseeable where they could be contemplated by you and us at the time the order is accepted by us.
15.2 We do not warrant that materials/items or services for sale on the Site are appropriate or available for use outside the United Kingdom.
16 Written 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 notices given by you to us must be given to us at email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order or otherwise registering with us. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an email is sent, or five 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.
18 Transfer of rights and obligations
18.1 These Terms and Conditions are binding on you and us and on our respective successors and assigns.
18.2 Neither we nor you may transfer, assign, charge or otherwise dispose of any of our respective rights or obligations arising under these Terms and Conditions, without the other’s prior written consent.
19 Data Protection and Privacy
19.2 We hold a data protection registration and comply with the Data Protection Act 1998.
20.1 If we fail at any time to insist upon strict performance of any of your obligations under these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.3 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 clause 17 above.
If any of these Terms and Conditions or any provisions of any agreement between us 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.
22 Entire Agreement
These Terms and Conditions constitute the entire agreement between you and us relating to the subject matter herein.
23 THIRD PARTIES
A party who is not party to these Terms and Conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term. Nothing in this clause 23 shall affect any right or remedy which exists or is available apart from that Act in respect of any third party.
24 Jurisdiction and Applicable Law
The English courts will have exclusive jurisdiction over any claim arising from these Terms and Conditions, or related to, this Site. These Terms and Conditions are governed by English Law.