2. We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. Updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
3. The Site allows users to purchase a subscription to access content, questions and feedback intended to assist users with their applications to medical schools based in the United Kingdom.
4. For the purposes of these Terms, you means any user of the Site.
5. To register at the Site, you must be at least 16 years old and legally capable of entering into a contract. You cannot register more than one MEDIFY Account.
6. When you register with the Site you will create a username and password. You are responsible for keeping your username and password confidential and you are responsible for any activity under your MEDIFY Account. Please take precautions to protect your password and contact us immediately by email at email@example.com if you believe there has been any unauthorised use of your MEDIFY Account.
7. Fees are payable to access much of the content of the Site (Site Content). Please see our fee page for details [link]. Fees are payable upfront, and accordingly, you shall have no right to access the Site Content unless and until we receive the correct payment due in full and cleared funds. You should provide full details when prompted to do so for payment, your name, email address and geographical address. Access to the Site Content commences immediately on receipt of the correct fee, and therefore you shall have no right to cancel a contract to access the Site Content. We shall email you when your contract to access the Site Content is coming to an end, and invite you to extend your access.
8. We shall be entitled to increase the fees at any time, provided that no increase shall apply to any current contract to access Site Content.
Use of the Site
9. The Site Content includes information relating to United Kingdom medical school applications, together with questions and answers which may assist you in the application and interview process for medical schools in the United Kingdom. The Site must not be used for any illegal or unauthorised purpose. When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.
10. The copyright in all Site Content is owned by or licensed to MEDIFY (Content). All rights are reserved. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Content without our permission.
11. You may also upload your personal statement (Personal Statement) to your MEDIFY account. By uploading your Personal Statement to the Site, you warrant and represent that (a) you have not copied all or part of your Personal Statement from any third party; (b) we shall not infringe any third party rights, including copyright and/or rights of confidentiality by using and copying your Personal Statement in accordance with these Terms; © your Personal Statement includes information relating to you and no other person. You grant to us a non-exclusive, royalty free, right and licence to use and reproduce your Personal Statement only to review, comment and suggest amendments to your Personal Statement.
12. We shall review, comment and suggest amendments to your Personal Statement when it is ready, provided that time shall not be of the essence. This means that you shall not be entitled to terminate your contract to access Site Content or otherwise obtain a refund from us if we are delayed in reviewing, commenting and suggesting amendments to your Personal Statement.
13. At the end of each 12-month contract term, we shall remove your answers from your MEDIFY account so that you can re-take the tests if you wish to do so on, subject to payment of the appropriate fee. After 36 months of signing up, any personal identification data will be removed from the data we store.
DISCLAIMER: Your attention is particularly drawn to these provisions
14. You acknowledge and agree that whilst we take reasonable care in preparing the Site Content we do not warrant that any question and/or answer will be appropriate for your application or any interview you might have at a medical school. Whilst we also take reasonable care in reviewing your Personal Statement, you agree that a well-written Personal Statement will not in isolation gain you an interview or a place at any medical school. Accordingly, you acknowledge and agree that the Site Content is for information only, and does not constitute advice or recommendation. The Site Content should not be relied upon in making any decision about applications for medical schools, and we do not guarantee that you will be invited to any interview or otherwise offered a place at any medical school.
15. The Site is provided on an “as is” basis. If you are not satisfied with this Site, or these Terms, your only remedy is to stop using the Site. To the maximum extent permitted by law all implied warranties, terms and conditions relating to the Site whether implied by statute, common law or otherwise are excluded. If the Site damages a device or any digital content belonging to you because of our failure to use reasonable care and skill, we will not be responsible for repair of the damage nor pay you compensation.
16. Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.
17. We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not MEDIFY, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
18. We will use reasonable endeavours to make the Site available to you at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall have no liability to you for such interruptions. We also use reasonable endeavours to keep your data secure, but we make no warranties or promises in relation to such security.
Termination or Suspension
19. You may terminate your MEDIFY Account at any time by notifying us at firstname.lastname@example.org but you agree that you are not entitled to any refund of any fees paid.
20. We may suspend or delete your MEDIFY Account if (a) you have breached any provision of these Terms; (b) we cannot verify or authenticate any information you provide to us; and/or © we determine that your conduct could damage our reputation.
21. If your account is terminated by us (a) you must cease to use the Site; (b) you may not re-register under a different name.
22. In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and © including means including but not limited to.
24. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
25. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
26. We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.
27. If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the Site Content please follow this link http://ec.europa.eu/odr.
28. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.