Web Site Terms and Conditions

www.askdoctorclarke.com

"www.askdoctorclarke.com" is a Medical Education service provided by Ask Doctor Clarke Ltd. It is available via the Internet to medical students in the UK and Ireland, free of charge, under certain conditions:

• It is only available to bona fide medical students and junior doctors in the UK and Ireland.
• Students need to use a working academic email address for registration purposes.
• It is a condition of use that students do not share their log in details with anyone else.
• Students provide a personal password, which should be at least six characters and is case sensitive.
• There is sensitive patient video material in many parts of the website, particularly in the obstetric section; this website should only be seen by health professionals.
• The website is best viewed by a PC using Internet Explorer as the web browser.
• Note: AOL users need to open Internet Explorer to navigate the site.

The content and facilities of the web site will be referred to as the "service", the user will be referred to as "you" and Ask Doctor Clarke Limited will be referred to as "ADC" or "we".

The following agreement sets out the terms under which ADC will provide the service to you. ADC may revise this Agreement at any time, and such revision shall be effective thirty (30) days after posting of the revised Agreement on the Web Site. You agree to review the Agreement on the Web Site periodically to become aware of such revisions. If you do not agree to the revisions you may terminate your agreement immediately.

1 Important Information.

1. Use of this site is limited to bona fide Medical Students and Medical Practitioners. Be aware that if you allow anyone from outside the Medical Profession to view the content of the web site, it could constitute a breach of Patient Confidentiality and attract the appropriate consequences, including referral to the General Medical Council (GMC). If, at any stage, you leave the Medical Profession you must notify ADC immediately and terminate your use of the service.
   
   
2. Registration to use this service entitles you, and only you, to the use of the site. By registering you agree not to share your log in details with anyone, or to show the content to any other person. You also agree not to make copies of the materials on the site, or undertake any activity that would breach the rights of the authors of the materials or of the patients who have consented to take part in video programmes. All of these are covered by the GMC guidelines on probity.
   
   
3. ADC has various mechanisms for monitoring abuse of the service, and reserves the right to terminate the membership of anyone that it reasonably believes is abusing the service, or failing to abide by these Terms and Conditions. ADC reserves the right to seek any form of redress at its disposal (including legal action) in such circumstances.
   
   
4. ADC is registered under the Data Protection Act, and takes great care to ensure your personal details are not abused in any way. Please be aware that we do share data with our sponsors and business partners, but this is only on a very select basis and with strict agreement on usage. We do not sell or pass information to Agencies or for general unrelated marketing use. If you are in any way uncomfortable with this assurance, you must not subscribe to this service.
   
   
5. The information on this website is provided in good faith and has been checked for accuracy wherever possible. You should always discuss with your colleagues and seniors before adopting any practice with which you are not familiar. There is acceptable variation in examination technique. You are strongly advised to consult your own clinical teachers. Dr R Clarke and Ask Doctor Clarke Ltd do not accept responsibility or legal liability for any errors or for the misuse of any of the material on this site. The material presented is for individual private-study only; public performance of the material without written permission is specifically forbidden. All the learning resources are copyright. The views expressed are those of the authors and not those of any sponsors or partners
   

2 Use of the Service

User Name

When you subscribe you will become a member of the service. The term member refers to any person or entity that enters enters into this Agreement with ADC and is authorised by ADC to use the Service. When you subscribe a membership record will be created for you (your "Account"). During the subscription process you will be able to chose a user name and password. You must not select a name which violates any third party's trademark, copyright, or other proprietary right, or which ADC deems in its discretion to be vulgar or otherwise offensive. ADC reserves the right to delete any vulgar or otherwise offensive username or password, or to require you to change them. You are entirely liable for all activities conducted through your user name and password.

Passwords.

You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of any password or from use by any person of your password to gain access to your Account. At no time should you respond to an online request for a password. ADC employees will never ask for your password. Please DO NOT use your name or User Name as your Password. We also recommend that you include numbers and letters in your password for extra security. If you suspect that someone may have learned your password, you can change it at any time on the "My Profile" page.

Suspended and Terminated Accounts.

 Members whose Accounts have been terminated by ADC may not access the Service in any manner or for any reason, including through any other Account. Active Members may not knowingly allow former Members whose Accounts have been terminated to use the active Members' Accounts.

We normally inform members of new educational material by email several times per year. If any such emails are returned to us undelivered (eg due to a full mailbox or "user unknown"), the ADC account of that student is suspended.

3 Disclaimer of Warranty.

To the maximum extent allowed by law, ADC, its licensors and subcontractors do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Service. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. You expressly agree that use of the service is at your sole risk. The service is provided on an "as is," "as available" basis, unless such warranties are legally incapable of exclusion. ADC disclaims all implied warranties and conditions, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade, regarding the service, and the internet. ADC assumes no responsibility for any damages suffered by you, including, but not limited to, loss of data, items or characters from delays, nondeliveries, errors, system down time, misdeliveries or service interruptions caused by ADC, its affiliates, licensors and subcontractors, or by your or any other member's own errors and/or omissions. ADC makes no warranty with respect to any related software or hardware used or provided by ADC in connection with the Service.

4 Limitation of Liability.

You acknowledge and agree that ADC shall not assume or have any liability for any action by ADC or its content providers, other members or other licensors with respect to conduct, communication or content on the service or the software. ADC shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages in connection with the service. ADC's entire liability to you and your explusive remedy for any breach of any implied or express warranty, or for breach of this agreement is limited solely to any fees paid by you for the service, which is provided free of charge at the current time. Because some states do not allow the exclusion or limitation of liability for certain damages, in such states ADC's liability is limited to the extent permitted by law.

5 Indemnification.

At ADC's request, you agree to defend, indemnify and hold harmless ADC, its licensees, distributors, Content Providers and other Members of the Service, from all liabilities, claims and expenses, including attorneys' fees, arising from any breach of this Agreement by you. ADC reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

6 Termination.

Either you or ADC may terminate your Account at any time without further obligation to the other. Further, ADC reserves the right to terminate the Service at any time without further obligation to you. If the service or your account is terminated or cancelled at any time for any reason, you agree to the following: (1) you will not be entitled to any refund or proration of any fees or unused access time; (2) you may not access the service in any manner or for any reason, inclusing via any other account.

7 General Provisions.

You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to you in this Agreement, except as expressly provided in this Agreement. Any assignment in violation of this Agreement is void. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. ADCs' failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by ADC of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of ADC shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of ADC.

8 Governing Law

These terms and conditions shall be governed by and construed in all respects in accordance with the laws of England and Wales and the parties submit to the jurisdiction of the English and Welsh Courts for all purposes relating to this Agreement. All notices given by you or required under this Agreement shall be in writing and addressed to Ask Doctor Clarke Ltd. PO Box 3286, Barnet, Hertfordshire, EN5 4YJ or e-mail to mail@askdoctorclarke.com.

In order to set up your Account, you will be required to accept all of the above terms and conditions. If you do not accept this Agreement, follow the return instructions given to you online