Terms and Conditions of Subscription Materials

1. These terms
   • What these terms cover. These are the terms and conditions on which we supply our Premium User Package or Lifetime User Package to you (“Subscription Materials”)
   • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

 

2. Information about us and how to contact us

• • Who we are. We are Teachmeseries Limited a company registered in England and Wales. Our company registration number is 10529328 and our registered office is at White Cottage, Broomhill Lane, Fakenham Magna, Thetford, Norfolk, IP24 2QY.
  • How to contact us. You can contact us by emailing us at [email protected].
  • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
  • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

3. Our subscription contract with you

• • In order to subscribe to our Subscription Materials you will need to complete the signup form. By submitting a completed sign up form to us you are deemed to have made an offer to us to purchase the Subscription Materials in accordance with these Terms.
  • The contract will be deemed to have been created between us when you accept the Terms, make your first subscription payment and we issue an email to you confirming the log-in details for your account.
  • We reserve the right using our sole discretion to refuse to set up an account for you.
  • These Terms constitute the entire agreement between Us. You acknowledges that You have not relied on any statement, promise, representation, assurance or warranty made by us, which is not set out in these terms.
  • The Subscription Materials are provided “as is” without any representation or warranty of any kind whether express or implied, including but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  • We do not warrant that the services or our website will be provided uninterrupted, error-free or free from viruses.
  • The medical information on our site is provided as an information resource only, and is not to be used or relied on for any diagnostic or treatment purposes.
  • The information on our site is intended for medical education, and does not create any doctor-patient relationship, and should not be used as a substitute for professional diagnosis and treatment.

 

4. Access for subscribers to the website

• • As part of the registration process you will select a username and password. You agree to provide us with accurate, complete and up to date information when completing the sign up form.
  • Account details are personal to you and you agree not to share access codes with anyone else.
  • You agree to notify us by email at [email protected] of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your username and/or password.

 

5. Our rights to make changes

• • Reasons we may suspend our service to you. We may have to suspend the supply of our service to:
    • deal with technical problems or make minor technical changes; or
    • update the Subscription Materials for any reason whatsoever.
  • Your rights if we suspend the supply of products for Gold User Package. If we have to suspend the provision of the Subscription Materials you have purchased for longer than 24 hours in any calendar month we will adjust the price so that you do not pay for the Subscription Materials while they are suspended. You may contact us to end your subscription if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 days and we will refund any sums you have paid in advance for your subscription in respect of the period after you end the contract.
  • We may also suspend your subscription if you do not pay. If you do not pay us the subscription fee when you are supposed to (see clause 4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of your subscription until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your account. We will not suspend your account where you reasonably dispute the unpaid invoice. We will not charge you the subscription fee during the period which your account is suspended. As well as suspending your account we can also charge you interest on your overdue payments (see clause 11.5).
  • Your rights if we temporarily suspend the supply of products for Lifetime User Package. In the event that there is a temporary suspension of the website for longer than 24 hours please contact the customer care team to determine whether or not you are entitled to a pro-rata refund of the price paid for the Lifetime User Package.
  • Your rights if we indefinitely suspend the supply of products for Lifetime User Package.  If for whatever reason we are unable to host the website and are forced to suspend the supply of the Subscription Materials (indefinite suspension) you may be entitled to a pro-rata refund of your one-off fee paid for the Lifetime User Package. Users who have purchased the Lifetime User Package within 3 calendar years prior to indefinite suspension of the website will be entitled to a pro-rata refund of the price paid for the Lifetime User Package when they signed up. Any users who signed up to the Lifetime User Package 3 years or more before the website is indefinitely suspended will not be entitled to any refund of the price paid for the Lifetime User Package.

 

6. Intellectual Property rights

• • All Intellectual Property Rights in the Subscription Materials and the website are owned by us.
  • We grant to you as a subscriber a non-exclusive, non-transferable, revocable licence to use the Subscription Materials for educational purposes only. You are permitted to make copies of the Subscription Materials or any of the website materials purely for your own educational needs and you agree that you will not provide copies of these materials to anyone else.

 

7. Your rights to end the contract

• • You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with our service, how we are performing and when you decide to end the contract:
    • If the service has been misdescribed you may have a legal right to end the contract (or to get the Subscription Materials revised or replaced or to get some or all of your money back), see clause 10.;
    • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
    • If you have just changed your mind about the subscribing to the service, see clause 3.
  • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any subscription fees you may have paid in advance (that is for any future months’ subscription fee(s) which you may have paid for upfront but does not include any month (whether in whole or in part) where you have had access to the Subscription Materials) and you may also be entitled to compensation. The reasons are:
    • we have told you about an upcoming change to the service or these terms which you do not agree to;
    • we have told you about an error in the price or description or content of the service you have subscribed to and you do not wish to proceed;
    • we have suspended supply of the Subscription Materials or website for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 24 hours; or
    • you have a legal right to end the contract because of something we have done wrong.
  • Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. Due to the fact that we will immediately permit access to the services once account set up has been completed you will not have a right to change your mind.
  • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until the end of the calendar month in which your notice is given to us to end the contract, for Gold User Package subscriptions. If you signed up to a Lifetime User Package then you will have the right to end the contract at any time by emailing us, but due to the fact that it is a one-off upfront payment you will not be entitled to any refund of the price paid for the package.

 

8. How to end the contract with us (including if you have changed your mind)

• • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
    • Email. email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
    • Online. Complete the contact form on our website at https://teachmesurgery.com/contact-us/

 

9. Our rights to end the contract

• • We may end the contract if you break it. We may end the contract for the services at any time by writing to you if:
    • you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
    • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, any of the information requested on the sign=up form which is not provided at the time of setting up an account for whatever reason.
  • We may withdraw certain services. We may write to you to let you know that we are going to stop providing certain services. We will let you know at least 1 calendar month in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided for Gold User Packages. In respect of Lifetime User Packages please see paragraph 5.5 of these terms and conditions.

 

10. If there is a problem with the services

• • How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can write to us at [email protected]
  • Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

 

 

11. Price and payment

• • Where to find the subscription prices. The price of the services (which includes VAT) will be the price indicated on the order page when you set up your account. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the services you order.
  • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
  • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and prevent access to the subscribed service.
  • When you must pay and how you must pay. We accept payment with all major credit and debit cards. In respect of the Gold User Package you will be required to sign up to pay for a rolling monthly subscription fee which will continue until you end the contract in accordance with the terms of this agreement. The subscription fee will be debited from your nominated payment card as provided during the account set up process each month. The exact date the direct debit will be taken will depend on the date you set up your account but we will confirm this to you in writing once your account has been set up. For Lifetime User Packages the fee is a one-off upfront fee and will be debited in full from your nominated payment card as provided.
  • We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

 

12. Our responsibility for loss or damage suffered by you

• • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
  • Our liability to you. Subject to clause 12.2, if defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
  • We are not liable for damage you could have avoided. We will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
  • We are not liable for business losses. We only supply our services for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

13. How we may use your personal information

• • How we will use your personal information. We will use the personal information you provide to us in accordance with our Privacy Policy.

 

14. Other important terms

• • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
  • You may not transfer your rights to someone else. You may not transfer your rights and obligations under these terms to anyone else without our prior written consent.
  • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
  • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.