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Terms of use

These Terms were last updated on 11 September 2024

 

This website is provided by the Primary Care Diabetes & Obesity Society’s secretariat, Omniamed Communications Limited, registered in England and Wales under company number 04750138 at Ground Floor, 108 Cannon Street, London, EC4N 6EU, UK. All content, information, services and software provided on or through this website ("Content") is subject to the following terms and conditions ("Terms"). Your attention is particularly drawn to the provisions of Clause 7 (Limitation of Liability).

 

Your use of this website constitutes your agreement to be bound by these Terms and our Privacy policy, as amended from time to time. Please read them carefully as they govern your use of this website. If you do not accept these Terms, do not use the website.

 

We reserve the right, for any reason and without notice to you, to change any part of this website or these Terms. We will use reasonable efforts to inform you of any changes to these Terms by posting a notice on the homepage and updating the date in the header of these Terms to reflect the date on which the most recent changes were made. If you have an account, we will notify you of any such changes by emailing you at the email address which you provided when you registered. Continued use of this website after any such notification constitutes your consent to such changes.

 

To contact us, telephone our customer service team at +44 (0) 20 3735 8244 or email us at info@omniamed.com. How to give us formal notice of any matter under these Terms is set out in Clause 6.1.

 

In these Terms: (a) a reference to writing or written includes email but excludes fax; (b) any words following the terms 'including', 'include', 'in particular', 'for example' or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and (c) the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law or equity.

 

1. User obligations

1.1. You agree to use this website only in accordance with these Terms. In the event that your unauthorised use of this website results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.

 

1.2 As a user of this website you undertake:

  • not to knowingly or recklessly contravene, in the course of using this website, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;
  • not to use this website to make unauthorised attempts to access any of our systems or third-party networks;
  • not to use this website to conduct any business or activity or solicit the performance of any activity that is prohibited by law;
  • not to use this website for the transmission or posting of any material which is defamatory, offensive or of an abusive or obscene or menacing nature or which infringes third party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this website for such purpose(s);
  • not to decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the website or the Content. The use of any network monitoring or discovery software to determine the website architecture, or extract information about usage, individual identities or users is prohibited;
  • not to use any robot, spider, other automatic software or device, or manual process to monitor or copy our website or the Content without our prior written permission;
  • not to access all or any part of the Content in order to build a product or service which competes with the website;
  • not to copy, modify, duplicate, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the website or any Content, except to the extent permitted above;
  • not to access, store, distribute or transmit any viruses, or any material when using the website that:
    • is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
    • facilitates illegal activity;
    • depicts sexually explicit images;
    • promotes unlawful violence;
    • is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
    • is otherwise illegal or causes damage or injury to any person or property; and
  • to inform us immediately of any claim or action against you for any use of this website and, on request from us, to immediately cease the act complained of.

 

2. Intellectual property

2.1 All intellectual property rights (including but not limited to copyright, trade marks, patents, moral rights, domain names, know-how, design rights) contained in this website and any Content, including (without limitation) in all documents, files, text, images, graphics, devices and code contained in it and in this website’s general “look and feel”, is owned by Omniamed Communications Limited (All Rights Reserved), the Primary Care Diabetes & Obesity Society or their third party licensors ("Omniamed IP").

 

2.2 You are granted a limited, personal, non-exclusive, non-transferable, revocable licence to use the Content for research and educational purposes or as a clinical reference source and to copy and print extracts or documents from this website (except for any third party owned content which has been identified as such), for your personal, non-commercial use provided that any such copy or print retains all copyright or other proprietary notices and any disclaimer contained within them, is not modified in any way, and is not incorporated in any other work or publication. All logos and trademarks of the Primary Care Diabetes & Obesity Society and Omniamed Communications Limited may not be used or reproduced without our prior written consent.

 

2.3 Other than as specifically set out in this Clause 2, reproduction of part or all of the Content in any form, including framing, creating any derivative work based on this website and/or its content, incorporation into other websites, electronic retrieval systems or publications, is prohibited.

 

2.4 We cannot guarantee that you have any right to use third party owned content which is available on this website and you must obtain permission from the third party owner before using or downloading such content. Content which is copyright protected may not be changed nor may any author attribution notice or copyright notice appearing on such content be altered without first obtaining the appropriate consents.

 

2.5 In the event that you submit any material for inclusion on this website including (without limitation) personal information, know-how, comments, ideas, questions, techniques, abstracts or similar), you agree: (i) that such material will not be deemed to be confidential; and (ii) to grant to us a world-wide, perpetual, royalty-free, non-exclusive, transferable, sub-licensable licence to use, disclose, copy, modify, adapt, publicly display and translate all or any of such material for any purpose whatsoever without restriction. We reserve the right, in our sole discretion, to remove or delete, without notice, any material you submit for inclusion on this website.

 

2.6 Except as expressly stated herein, these Terms do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights in respect of the Omniamed IP.

 

3. Limitation of liability

3.1 Whilst we have exercised reasonable care in compiling this website, we are not responsible for any action taken by you or any other person or organisation, wherever they are based, as a result, direct or otherwise, of information contained in or accessed through this website, whether such information is provided by us or a third party. Nothing on this website should be construed as the giving of advice or the making of any recommendation and this website should not be relied upon as the basis for any decision or action.

 

3.2 As a result of ongoing medical advances and developments, the information on this website may not always be completely up to date and, for this reason, such information is provided on an “as is” and “as available” basis. You agree that your use of the information obtained or downloaded from or through this website is at your sole discretion and risk. We disclaim all warranties, representations or undertakings either express or implied:

  • relating to any content available on this website, including, without limitation, the timeliness, currency, accuracy, suitability, reliability, completeness or fitness for any particular purpose of such content;
  • that this website will be uninterrupted, secure or error free;
  • that the results which may be obtained from the use of this website will be accurate, error free or reliable.

 

3.3 Some jurisdictions do not allow the exclusion of certain warranties or conditions (whether implied or express) or the limitation or exclusion of liability for certain damages, in which case, the limitations set out above may not apply.

 

3.4 Any medical information on this website is not intended as a substitute for informed medical advice and we cannot answer any unsolicited e-mails relating to personal healthcare issues. Information on the products mentioned on this website may vary by country. Patients and healthcare professionals should check with local medical resources and regulatory authorities for information appropriate to their country. You must consult a suitably qualified healthcare professional on any specific problem or matter which is covered by any information on this website before taking any action.

 

3.5 We shall have no liability, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, arising under or in connection with the website or Content, for any:

  • loss of profits;
  • loss of business or opportunity;
  • wasted expenditure;
  • loss of use or corruption of software, data or information;
  • loss of or damage to reputation or goodwill; or
  • incidental, consequential, economic, or indirect loss or special damage,

suffered by you and arising from our liability under or in connection with this website or these Terms, whether or not we have been advised of the possibility of such loss or damage. This clause extends to our officers, employees, agents, affiliates and contractors.

 

3.6 Nothing in these terms excludes or limits our liability for:

  • death or personal injury arising from our negligence or the negligence of our servants or agents; or
  • fraud; or
  • misrepresentation as to a fundamental matter; or
  • any liability which cannot be excluded or limited under applicable law.

 

3.7 We have no duty to update this website or its content and we shall not be liable for any loss or damage arising as a result of our failure to update third party links and content.

 

3.8 You assume sole responsibility for results obtained from the use of the website and for conclusions drawn from such use.

 

3.9 All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms.

 

3.10 Subject to Clause 3.6, our total aggregate liability (whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, equity, restitution or otherwise) to you arising under or in connection with these Terms, shall not exceed £1000.

 

3.11 You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees:

  • resulting from any violation of these Terms by you; and
  • resulting from your use of the Content or this website.

 

3.12 We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

 

3.13 We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular internet address to this website and any other websites operated by us or our affiliates and their features.

 

3.14 This website may contain third party owned content and may also include hypertext links to third party owned websites. For example, we may host material on behalf of third parties, including pharmaceutical companies, in sections of the website or as a standalone "microsite", subdomain or subdirectory. We provide such third party content and links as a courtesy to our users. We have no control over any third party owned websites or content referred to, accessed by or available on this website and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party websites or content or for the availability of such websites. In particular, we do not accept any liability arising out of any allegation that any third party owned content (whether published on this, or any other, website) infringes the intellectual property rights of any person or any other liability arising out of any information or opinion contained on such third party website or content. We also make no warranty about the accuracy, timeliness or subject matter of such third party material.

 

4. Our use of your personal information

4.1 We will process your personal information in accordance with current data protection legislation, our Privacy policy, the terms of which are incorporated into these Terms, and any data protection notice on this website.

 

4.2 We use Google Analytics tracking to track user activity. The data we collect about users in Google Analytics can be connected to other data we have about the end user, as per the measurement policy supplied by Google. We will not upload any data that allows Google to personally identify an individual (such as certain names, Social Security Numbers, email addresses, or any similar data), or data that permanently identifies a particular device (such as a unique device identifier if such an identifier cannot be reset).

 

5. Confidentiality

5.1 You undertake that you will not at any time disclose to any person any confidential information concerning our business, affairs, customers, clients or suppliers, except as permitted by Clause 5.2.

 

5.2 You may disclose our confidential information:

  • to your employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising your rights or carrying out your obligations under these Terms. You will ensure that such employees, officers, representatives, subcontractors or advisers comply with this Clause 5; and
  • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

 

5.3 You may only use our confidential information for the purpose of fulfilling your obligations and exercising your right under these Terms.

 

6. General

6.1 We will send all notices relating to these Terms and the use of this website by e-mail to your last known registered e-mail address. You can send notices to us by e-mail to info@omniamed.com.

 

6.2 A notice or other communication is deemed to have been received at 9.00 am the next business day after transmission.

 

6.3 You may not assign or otherwise transfer any of your rights and obligations arising under these Terms without our prior written consent. We may assign or otherwise transfer any of your rights and obligations arising under these Terms to a third party and/or engage the services of contractors, including (without limitation) the providers of outsourcing services, for the performance of our rights and obligations under these Terms.

 

6.4 If any provision of these Terms is held to be unenforceable, it will not affect the validity and enforceability of the remaining provisions.

 

6.5 These Terms represent the complete agreement and understanding between you and us and govern your access and use of this website. These Terms supersede any other written or oral agreement between you and us in relation to the use of this website.

 

6.6 Any delay by us in enforcing any breach of these Terms shall not affect our rights of enforcement and any waiver of any breach shall not operate as a waiver of any subsequent or continuing breach.

 

6.7 We shall not be liable for any failure to perform, or for any delay in performing, any of our obligations under these Terms where such failure or delay arises from circumstances beyond our control.

 

6.8 These Terms, and any non-contractual obligations arising out of or in connection with these Terms, shall be governed by and construed in accordance with English law. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claims which may arise under or in connection with these Terms (including non-contractual disputes or claims).

 

6.9 Any variation of these Terms only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

 

6.10 These Terms are between you and us. No other person has any rights to enforce any of the Terms.

 

6.11 These Terms incorporate by reference any notices contained on this website and the Privacy Policy and constitute the entire agreement with respect to access to and use of this website and the Content. If any provision of these Terms is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

 

6.12 The initial iteration of the content on the website was directed to users residing in the United Kingdom. We do not represent that content available on or through our website is appropriate for use in all locations.