MEDICAL ON LINE TERMS AND CONDITONS
Please read these terms and conditions ("Terms") carefully before using this website. Using this website indicates that you accept these Terms. If you do not accept or understand these Terms, do not use this website. By clicking on the button that confirms agreement to the following Terms, and by using this website, you agree to be bound by the Terms.
Ownership of the Website
Downloading Images
Credit Accounts
Cancellations
Exclusion of Warranties
Disclaimer
General
Terms and Conditions
Below are the terms and conditions ("Terms") that govern your use of this website. These terms constitute a legal agreement ("Agreement") between you and Medical-On-Line-Ltd ("MOL" "we" "us" or "our"). Please read this Agreement in its entirety before you continue to use this website. If you are not in agreement you should discontinue using the website.
Ownership of the Website
This website is owned and operated by Medical-On-Line-Ltd ("Owner"). The content of this website, including, but not limited to, text, graphics, photographs, images, illustrations and software ("Content"), is owned by Medical-On-Line-Ltd, or its licensors.
Except as permitted under this or another agreement with the Owner no portion of this website or its Content may be copied or used.
Downloading Images
All images ("Images") contained within this website are copyright the Owner. You are not permitted to download any images or use any images ordered on CD ROM without the permission of the Owner. Images, other than watermarked images, may only be used once you have entered into a licence agreement ("Licence") with the Owner and paid the appropriate licence fee in full.
Watermarked images may be used for you internal comps and layouts only. MOL does not grant you any licence to use these Images in any final materials distributed either internally or externally by yourself or your company, including any electronic or online systems.
MOL does not supply high resolution images for comps or layout purposes.
You may not, nor permit others to:
- use, copy or transfer the Image except as permitted by the Licence
- distribute, rent, loan lease, sub-licence or otherwise deal with the Image
- alter, adapt, merge, modify or translate the Image in any way for any purpose, including, without limitation, for
error correction
- remove, change or obscure any product identification or notices of proprietary rights and restrictions on the Image.
Your Licence to use the Image will terminate automatically if you fail to comply with any term of this Agreement. The Licence will also terminate without further action or notice by the Owner if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of debt.
Upon termination of the Licence, for any reason, you will destroy the Image together with all copies in any form, including copies on your hard drive and any back-up disks. Any use of any copies of the Image after termination of the Licence is unlawful.
Credit Accounts
Buyers are able to purchase image licences in a number of ways:
- On the website using the online price calculator.
- On the website using credit facilities with set fees - for further details about account customers with set fees please contact us on +44 (0) 20 8530 7589.
- Direct with our sales team on +44 (0) 20 8530 7589.
Any applicable Value Added Tax (VAT) or other tax on sales, will also be paid by the buyer. We will invoice the buyer once the order process is complete. The buyer shall pay the invoice within 30 days of the date of the seller's invoice. Any alterations to this payment term have to be agreed in writing with the seller. We operate a Cancellation Policy the terms of which are available here.
If the buyer fails to make payment before the due date then, without prejudice to any other remedy available to the seller, the seller shall be entitled to:
- Cancel the licence and suspend further services for the buyer.
- Charge interest on overdue invoices and reasonable recovery costs. We understand, and will exercise, our statutory right to claim interest and compensation for debt recovery costs under late payment legislation if we are not paid according to the agreed terms. Interest will be charged at the late payment reference rate plus 8%.
We reserve the right to set credit limits on any account as we see fit, to withhold further credit at our discretion, and to terminate a credit account and not to allow any future purchases.
Cancellations
If you cancel rights granted in the Licence within seven working days from the date of the invoice, you will be charged a £30 service fee. If the cancellation notice is received more than seven but less than thirty (30) working days after the invoice date, a cancellation fee equal to fifty (50%) percent of the amount of the Invoice will be charged. AFTER THIRTY DAYS OF THE INVOICE DATE NO CANCELLATIONS WILL BE ACCEPTED AND THE FULL AMOUNT OF THE INVOICE MUST BE PAID.
For any cancellations, you must also pay the full service charge, production fee, processing and handling fee and shipping fee. No license to use the Image will be granted upon cancellation; all cancellations are final.
Exclusion of Warranties
The Owner and its suppliers make and you receive no warranties, conditions or representations, express or implied, statutory or otherwise, and without limitation the implied terms of satisfactory quality and fitness for a particular purpose are excluded. It is your responsibility to ensure that the Image is suitable for your needs.
Disclaimer
In no event will either the Owner, nor any company within its group and its and their respective agents, employees, sub-contractors and consultants, or its suppliers be liable to you or any other party for any direct, consequential, incidental, or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption to data) however caused and whether arising under this licence or other contract or in consequence of any misrepresentation, misstatement or tortuous act or omission including negligence.
If any exclusion, disclaimer or other provision contained in this Agreement is held invalid for any reason and the Owner becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the amount actually paid by you for the Image.
The Owner does not exclude or limit liability for death or personal injury resulting from an act or negligence of the Owner.
You acknowledge that the allocation of risk in this Agreement reflects the price paid for the Image and also the fact that it is not within the Owner’s control how and for what purposes the Image is used by you.
General
This Agreement is the entire agreement between you and the Owner and supersedes any other oral or written communications, agreements or representations with respect to the Image.
If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the Agreement will not be affected.
Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to this Agreement.
This Agreement is governed by the laws of England and Wales.
Should you have any questions concerning this Agreement please contact us by e-mail at info@mediscan.co.uk
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