1. These terms
1.2 What these terms cover. These are the terms and conditions under which we supply online information, services and materials for our product called Prescribing Lifestyle Medicine (PLM) and Certificate in Lifestyle Medicine.
1.3 Why you should read them. Please read these terms carefully before subscribing to PLM. These terms tell you about us, how we will provide you with access to our service and on what terms, 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, please contact us to discuss. By subscribing to PLM for the term of this Agreement, and using our platform, you agree that you are purchasing our product as a healthcare practitioner and that you will comply with, and be bound by, these terms.
2. Information about us and how to contact us
2.2 Who we are. We are Care Unbound Limited trading as Practice Unbound (PU). Care Unbound Limited is a company registered in England and Wales with company registration number 06528491 and registered office address 4th Floor, 177 Preston Road, Brighton, East Sussex BN1 6AG. Our registered VAT number is 258 4561 77.
2.3 How to contact us. You can contact us by telephoning the Practice Unbound helpdesk at 0300 303 8145 from Monday to Friday between 9am and 5pm (excluding bank holidays and 24/12 – 02/01 each year), or by writing to us at support@practiceunbound.org.uk or FAO Practice Unbound, 4th Floor, 177 Preston Road, Brighton, BN1 6AG
2.4 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. We shall process your personal data in accordance with our privacy statement
2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.2 How we will accept your order. Our acceptance of your order will take place when this agreement is signed by both parties.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for your subscription. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have not received payment from you, or because we have identified an error in relation to PLM.
4. Your subscription to PLM
4.2 Term of subscription. Subscription to, and payment for, our product will be for a 12-month term. At the end of the 12-month term your subscription will end and you will no longer have access to the PLM materials or platform.
4.3 Subscription fees. The Subscription Fees are outlined in Schedule 1.
4.4 Payment. Payment of your Subscription Fee will be due on signature of this agreement. or local sales tax will be payable on the Subscription Fee where applicable.
4.5 Cancellation. If you cancel your subscription this will take effect at the end of the subscription term. You will have access to the platform and materials until the end of the subscription term after which your access will cease. You can manage your subscription by going to the admin area of the platform or by contacting the Practice Unbound helpdesk. Refunds will not be given for any period during which you do not use the materials.
4.6 Your access. Immediately following receipt of your order, we shall provide you with an account through which you may access and use the PLM materials. Access to the materials will permit you to view, use and customise, download, print, store and/or distribute the e-learning materials. You are not permitted to distribute the materials (or any extracts thereof) for any purpose other than the purpose intended by the course.
4.7 Discount codes. If you have been sent a discount code, you must not share this with anyone else. Only one discount code may be used in relation to each subscription.
5. Disclaimer. All warranties, conditions and other terms implied by statute or common law are excluded to the maximum extent permitted by applicable laws. PU does not make any representations or warranties to you of any kind, express or implied, as to the operation of the service or the information, content or materials provided as part of product. You understand that the materials and helpdesk services provided as part of this course are not intended to be relied upon by you when providing medical or other advice to patients. You agree that to the extent that you rely on the product materials, you do so entirely at your sole risk. You should also not rely on any community posts or on any comments made by our helpdesk as clinical advice. PU accepts no responsibility for any advice given by you as a result of you taking this course.
6. Our liability.
6.2 PU is unable to guarantee that use of its website or platform will:
i. be compatible with all hardware and software;
ii. be uninterrupted or virus free; or
iii. deliver any specific outcome for users.
6.3 It is your responsibility to check for viruses when using the PU website, platform and the product materials.
6.4 PU is not responsible for any loss, damage, or cost resulting from any advice provided in reliance on the materials, including legal, compliance and/or risk management decision. You agree that you use the product materials entirely at your own risk.
7. Your obligations.
7.2 Uploads to PLM community. You agree that you will not post or upload anything to the platform or PLM community which breaches copyright or community guidelines or which breaches the General Data Protection Regulation (GDPR) or the Data Protection Act 2018.
7.3 Use of the materials. You may not copy, sell, sublicence, distribute display, store, copy, modify, decompile or disassemble, reverse engineer, translate or transfer the materials to which you have access via our product. You must not do this either to create any derivative works or competitive materials, or for any commercial use whatsoever and you may not provide any third party with the benefit of, or access to, the materials by sharing your password or login details with anyone at any time.
8. Your liability to us.
8.2 You will indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
i. you submitting content to the platform or community or participating in the PLM course;
ii. your access to or use of the PLM materials or the PU platform;
iii. your breach of any of these terms, including those relating to payment;
iv. any negligent act or omission, deliberate default or breach of statutory duty on your part.
9. If you breach these terms. PU may remove any content or postings and/or suspend your user account and access to the product materials if it believes that you are using or have used the materials in breach of these terms.
10. Our rights to make changes
10.2 Changes to the materials. We may change the materials at any time and with or without notice:
i. to reflect any changes in requirements, standard practice or advice, or expectations;
ii. to increase the e-learning modules and the PLM materials; and
iii. to implement minor technical adjustments and improvements, for example to address a security threat. These changes may affect your access to the materials temporarily very occasionally.
10.3 Accuracy of third-party content. PU does not accept responsibility or liability for links to and the content of any third-party websites referred to in the materials (whether or not that website is under PU’s control). Any link is not intended to be an endorsement of that website by us. It is your responsibility to realise when you have left our site and to check the terms and conditions and privacy statement of any third-party site.
10.4 Reasons we may suspend or withdraw access to the materials. We may have to suspend access to the product materials to:
i. deal with technical problems or make minor technical changes;
ii. update the materials to reflect changes in relevant laws and regulatory requirements;
iii. make changes to the materials as requested by you or notified by us to you (see clause
10).
10.5 Your rights if we suspend access to the product materials. We will contact you in advance to tell you we will be suspending supply of the materials, unless the problem is urgent or an emergency. If we have to suspend access to the materials for a substantial period of time, we will adjust the price so that you do not pay for access to the materials while they are suspended.
10.6 We may also suspend access to the product materials if you do not pay. If you do not pay us when you are supposed to (see clause 14.2), we may suspend access to your account and the product materials until you have paid us the outstanding amounts. We will contact you to tell you we are suspending access to the materials. We will not be able to adjust your annual renewal date if we have to suspend access to your account in order to collect payment.
11. Your rights to end the contract
11.2 You can always end your contract with us. Your rights when you end the contract will depend on how we are performing and when you decide to end the contract. You may have a legal right to end the contract if you have been unable to access the product materials for a substantial period of time as a result of our fault or omission.
11.3 If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2.
11.4 Ending the contract because of something we have done or are going to do. If you are ending the 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 services which have not been provided. The reasons are:
i. we have told you about an error in relation to the product materials and you do not wish to continue to subscribe to the product;
ii. there is a risk that the supply of the product materials may be significantly delayed or disrupted because of events outside our control;
iii. we have suspended supply of the materials for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a substantial period amounting to a number of weeks; or
iv. you have a legal right to end the contract because of something we have done wrong.
12. Our rights to end the contract
12.2 We may end the contract if you break it. We may end the contract at any time by writing to you if:
i. you do not make any payment to us when it is due and you still do not make payment within 14 days; or
ii. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to supply the product and services;
iii. you commit a serious breach of these terms or serious breach of the terms of use or guidelines relating to the community area; or
iv. you commit several minor breaches of these terms or repeated breaches of a minor term.
12.3 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 you will not receive any refund in respect of the remainder of the subscription term.
13. If there is a problem with your subscription
13.2 How to tell us about problems. If you have any questions or complaints about the product materials, please contact us using the details in clause 17.
14. Price and payment
14.2 Where to find the price for the PLM course. The cost of the PLM course will be indicated clearly on the website..
14.3 When you must pay and how you must pay. We will raise an invoice for the Subscription Fee in line with Schedule 1 of this agreement.
15. Other important terms
15.2 Complete agreement. These terms and conditions (including our privacy statement) contain all the terms applicable to your use of the PLM materials and the PU platform.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
15.5 If we are unable to perform our obligations for a reason beyond our control. This agreement will be suspended if we are prevented, hindered or delayed in performing our obligations under this agreement for reasons beyond our control such as strikes, lock-outs, labour or industrial disputes, acts of God, pandemic, war, riot, civil commotion, terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
15.6 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.
15.7 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 supply the services, we can still require you to make the payment at a later date.
16. Applicable law. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and any dispute in relation to these terms will be dealt with in the English courts.
17. Useful numbers
Practice Unbound helpdesk details:
Telephone: 0300 303 8145
Email: support@practiceunbound.org.uk
Postal address: FAO Practice Unbound, 4th Floor, 177 Preston Road, Brighton, BN1 6AG
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