Legal - Examdoctor

Terms and conditions

www.examdoctor.co.uk (“examdoctor”) is owned by Hodder and Stoughton Limited and we are registered in England and Wales under the company number 00651691 and our registered office is at 338 Euston Road, London, NW1 3BH (“Hodder Arnold”) and this site is operated in conjunction with our technology partner, Examweb LLC of 537 Newport Center Drive, Suite 379, Newport Beach, CA 92660, USA (“Examweb”).

Use of examdoctor

Please read the following Terms and Conditions, which relate to information regarding general use of examdoctor and the terms and conditions relating to purchases of subscriptions before ordering any products and services from this site. By using examdoctor, you are agreeing to these Terms and Conditions. By using our site you are indicating that you accept these Terms and Conditions and that you agree to abide by them. From time to time we may change these Terms and Conditions, and will post revisions on this website. We recommend that you read these Terms and Conditions prior to using our site and thereafter regularly review any changes and you are responsible for doing so.

Use of the data that you provide us, or which is collected by use on our website, is governed by our Privacy Policy. By using our site you consent to such processing of data.

Accounts and Passwords

If you have subscribed to use any service within the examdoctor website, any user identification code or password is personal, non-transferable, must be kept confidential and used only by you for the specified term of your subscription period (which may be terminated at the discretion of Hodder Arnold). We have the right to take any (including legal) action against you should this requirement be breached by you.

Our Products and Services

Examdoctor is an online revision website for health professionals and postgraduate and undergraduate medical students. A description of what is included in each examdoctor subscription is contained on the site, including the available content, period of subscription and price. Subscribers can also ask the examdoctor author questions via the “Ask an Expert” feature.

Examdoctor is not optimised for use on mobile devices and users wishing to do so should be aware that they will not experience the full functionality of the site or the products or services.

Placing a Subscription Order and our Acceptance

When you request an online purchase, the language that we offer to you for this process will be English only. By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.

When submitting your request to purchase any examdoctor subscription service, you will be asked to indicate which examination product you wish to subscribe to and the desired length of subscription period. You will then proceed to the examdoctor order form which will require you to provide contact details and to set up an account by entering in your email address and choosing a password. You will proceed to a secure payment page which is provided by SecureTrading Ltd and you will need to select your payment method and your payment will then be processed by SecureTrading Ltd. When you submit your order you are making an offer to purchase the relevant examdoctor service, which we may accept or decline. After you submit your offer, you will receive confirmation that your payment was either successful or unsuccessful.

Access to examdoctor

In conjunction with our technology partner Examweb, we try to ensure that website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We of course try to limit the frequency and duration of any suspension or restriction.

Your Rights and Cancellation

You may cancel a subscription service at any time within seven working days, beginning on the day after you received that subscription service. In this case, you will receive a full refund of the price paid for the subscription service in accordance with Our Refunds Policy (see below).

Please note that if you wish to cancel any subscription that you have purchased after the seven working day cooling-off period, cancellation shall be at our discretion. You hereby agree that no cancellation is allowed after the seven working day cooling-off period.

To cancel a subscription service, you must inform us in writing. You must also immediately stop using the subscription service. If you fail to comply with this obligation, we may have a right of action against you for compensation. This provision does not affect your statutory rights.

Prices and Payments

The price that you pay for the examdoctor services you order should be the standard pricing as indicated on the website. These prices are inclusive of all taxes and delivery unless otherwise indicated. All subscribers are required to make payment in pounds sterling. Should you be paying from an account outside of the United Kingdom, the exchange rate will be calculated by your bank.

Payments may only be made online via our website. We take all reasonable precautions to keep the details of your order and payment secure. Unless we are negligent however, we cannot be liable for any losses caused as a result of unauthorised access to the information provided by you.

Our Refunds Policy

When you cancel a subscription service within the seven working day cooling-off period (see Your Rights and Cancellation above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the subscription service in full.

Examdoctor services are supplied subject to availability and remaining in current circulation. In the event that we are unable to supply any examdoctor services for the agreed subscription period, we will inform you as soon as possible and provide you with a pro rata refund in the event that you have paid for a subscription period for which we cannot comply. We will not however be liable to the full extent permitted by law, for any direct or indirect loss caused as a result of not being able to supply to you within the subscription for all or any of the periods subscribed to.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Links

Our websites contain links including hyperlinks which may take you outside of the examdoctor website. Links are provided for your convenience, and an inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or content. We have no control over the contents or functionality of those sites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside the examdoctor website, and such websites use will be subject to their relevant terms and conditions and privacy policies (if any).

Disclaimers and limitations of liability

Disclaimers

Description or reference to an organisation, product or publication or service does not imply endorsement of that organisation, product or publication or service.

To the fullest extent permitted by law the material and information displayed on our website (including the products and services) is provided without any guarantees, conditions or warranties as to accuracy.

No warranties are given on the accuracy, correctness, reliability, comprehensiveness of any content contained on any material, products or services on the website.

Hodder Arnold does not make any guarantees that use of examdoctor services will guarantee success in any examination or other test of any nature.

The material, products or services on this website are intended for use as an exam revision resource only. It is not a substitute for your own clinical judgment or proper study of clinical topics. Any reference to drug dosage should be checked with your local formulary before prescribing.

Limitation of Liability

To the fullest extent permitted by law, Hodder Arnold expressly exclude:

all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the information contained on or use or inability to use or result of the use of our website, any websites linked to it and any material posted on it, including without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Hodder Arnold’s total liability for losses you suffer as a result of us breaking these terms and conditions are strictly limited to the purchase price of the relevant subscription service.

Nothing in this provision affects our liability for death or personal injury arising from our negligence nor our liability for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude.

Your conduct

You must not use the website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer or mobile device to us. You must use the website for lawful purposes only. You must not use the website for any of the following:

fraudulent purposes in connection with a criminal offence or otherwise unlawful activity;
- to send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;
to cause annoyance, inconvenience or needless anxiety; or
to reproduce, duplicate, copy or resell any part of our site in contravention with these terms of use.

Intellectual Property Rights

Hodder Arnold retain all right, title and interest (including all copyrights, patents, service marks, trademarks and other intellectual property rights) in and to the content, layout, design and graphics on the examdoctor website.

Examweb retain all right, title and interest (including all copyrights, patents, service marks, trademarks and other intellectual property rights) in and to the software, including, but not limited to the source code, templates, HTML code, database coding, window displays or other screen appearances, as well as other coding that may relate to delivering the software via the internet.

No part of the examdoctor website and/or its content may be reproduced, stored in any medium, including but not limited to a retrieval system or transmitted, in any form or by any means including but not limited to electronic, digital, paper, mechanical, via photocopying, recording, broadcasting nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify any of the copies you have displayed on screen in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text. Any permitted use of our material above is subject to ensuring that our copyright notices and trade marks appear as they do on our website. If you use any material from our website in breach of these terms of use, your right to use our site, products and services will cease immediately and you must at our option return or destroy any copies of the materials you have made in breach and we will take any (including legal) action against you. All rights not expressly granted in these terms or any express written license, are reserved.

Hodder Arnold’s trademarks and logos which are displayed on the website are the trademarks of Hodder Arnold. Any use including framing, metatags or other text utilising the Hodder Arnold trademarks or other trademarks displayed, is strictly prohibited without our express written consent.

Any material you upload to any user forum will be considered non-confidential and non-proprietary (unless otherwise stated on the site) and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, their right to privacy or is unlawful. Please see our Privacy Policy for further details.

Permission for use of our intellectual property

Any request for permission to use our content or images, or other use of our intellectual property not authorised under a subscription, should be made by emailing examdoctor@hodder.co.uk

Governing law

These Terms and Conditions and any disputes or claims (including non-contractual disputes or claims) arising our of these Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction, although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or other relevant country.

Privacy Policy

Your privacy

We are committed to protecting and respecting your privacy. Please take a few minutes to review this policy.

This policy (together with our terms and conditions) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998, the data controller is [Hodder and Stoughton Limited of 338 Euston Road, London, NW1 3BH].

Our privacy commitment

This document sets out the basis for which Hodder Arnold and Examweb will process any personal data we collect from you.

We will make every effort to protect your privacy by adopting a consistently high level of site security and adhering to strict company policies on how we store and use personal information. This privacy policy has been developed in accordance with our legal obligations and may be updated from time to time.

If we make any changes to our privacy policy, we will post the revisions on our site.

1. What information is being collected and how is it used?

There are various sections of the website, for which we collect different information. What we collect and how this is used is as follows:

1.1 Subscribers

Access to content and services on our website requires a subscription. You will know what information is being collected when you complete your details prior to submission (including which information is mandatory).

Hodder Arnold does not sell, trade or rent your personal information to others. Your details will be added to the examdoctor database in order to process your subscription. We may also contact you to keep you up to date with other Hodder Arnold related products and services. If you do not wish to receive any further information from examdoctor and Hodder Arnold, whether by post, telephone or e-mail, let us know by using the opt-out link at the bottom of each email communication or you can email examdoctor@hodder.co.uk

We will use data collected to allow access to our website and fulfil any obligations to you (where these exist) and which detail your visits to our site and the resources that you access. We will also use your data to monitor for any unauthorised use of our website, content or subscriptions to our content. We may also disclose your identity and contact details to any third party claiming material posted by you is defamatory, unlawful or violates their intellectual property rights or right to privacy.

1.2 All users

As you browse the website, we collect information about your use of the site including but not limited to traffic data and location data. Essentially this will normally be which pages you have visited, how long you stay online and where you are located. We will not be able to identify who you are from the information we store, but we will be able to identify where you are located – (see point 1.3 below).

1.3 What else do we collect when you use our website?

Each time you use the internet, an IP address is assigned to your computer via the internet service provider. This number may either be the same or different each time. Each time your computer requests information from our website, we log your IP address on our server and may log operating systems and browser types for system administration and to report aggregate information. We may use this in order to gather information about the website traffic and usage.

Whether you are a registered user or not, we collect certain information such as IP addresses, host names, domain names, the time and date the information is requested, the browser version and platform when it is requested and a record of which pages have been requested.

If you contact us by emailing examdoctor@hodder.co.uk, we may keep a record of that correspondence and use it to contact you in response.

We may use all information to adhere to any legal requirements to disclose to third parties, enforce our legal rights, and protect against unauthorised access, use, activity and/or copying, either personally or via third party contractors and advisors.

1.4 What else do we use personal information for?

Other than for fulfilling any obligations to you (where these exist), on some occasions we use the information provided to produce anonymised aggregate statistics in relation to pages being accessed and the demographics of our users. We may also use it to monitor usage patterns on the website in order to improve navigation and design features to help you get information more easily. In order to help us develop the website and our services, we may provide such aggregate information to third parties. The statistics however will not include any information that can be used to identify any individual. We may contact you to notify you about changes to our service.

2. How long do we keep the information we collect?

We keep your personal information for as long as necessary to fulfil our obligations to you, protect our legal interests and undertake analysis of our website to assist you and future users.

3. To whom will information be disclosed?

Other than as expressly agreed by you or otherwise stated when data is collected or within this policy, we will not disclose your personal data to any third parties other than:

(a) our owners and subsidiaries (where applicable), technology partner(s), contractors and advisors who must keep this data confidential;

(b) if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or to protect the rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; and

(c) In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

4. How personal information is stored and protected?

Your personal data is stored in our databases or those of our technology partner, Examweb which is only available to the web administrators at Hodder Arnold and Examweb and selected authorised people on a password protected basis (except where referred to in the final paragraph of Clause 1.3 herein). The data that we collect from you may be transferred to and stored at a destination inside or outside of the European Economic Area (“EEA”). It may be processed by staff operating outside of the EEA who work for us or our technology partner. Such staff may be engaged in among other things, hosting the fulfilment of your order, processing of your payment details and the provision of support services.

By submitting your personal data, you agree to this transfer, storing or process. We will take all steps reasonably necessary to ensure that your data is treated securely by us and our technology partner and in accordance with this privacy policy.

5. Use of cookies

Hodder Arnold does not use cookies to retrieve information from your computer that was not originally sent in a cookie. Hodder Arnold does not use information transferred through cookies for any promotional or marketing purposes, nor is that information shared with any third parties whatsoever.

6. Security

We understand that the security of your information is important to you. We also understand that our continued success as a publisher on the web relies on our ability to communicate with you in a secure manner. We adhere to the highest standards of decency, fairness, and integrity in our operations. We use several measures to authenticate your identity when you visit our site. We also take steps to protect your information as it travels the internet, and to make sure all information is as secure as possible against unauthorised access and use (for example, by hackers). We review our security measures regularly.

Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

7. Authentication

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. You should not share your user name and password with anyone else. If you have subscribed to use any service within the examdoctor website, any user identification code or password is personal, non-transferable, must be kept confidential and used only by you for the specified term of your subscription or registration period (which may be terminated at the discretion of Hodder Arnold). We have the right to take any (including legal) action should this requirement be breached.

8. Email

Any email between you and examdoctor is not encrypted. It will be stored securely within our corporate firewall (see below).

9. Data within our walls

The information we collect about people visiting the site is stored in secure environments that are not available to any other individual or party. We have mechanisms in place to protect data. One such mechanism is called a “firewall”. A firewall is a barrier that allows only authorised traffic through. It safeguards our computer systems and your information. We also use system and application logs to track all access. We review these logs periodically and investigate any anomalies or discrepancies.

10. Contact us

Please contact us via examdoctor@hodder.co.uk if any of the data we hold about you becomes inaccurate and if you have any queries or concerns about the data we are holding about you. Any data or information access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Also we welcome your feedback about what you like or don’t like about our site. Your feedback is stored on a secure internal system that allows the appropriate person to respond to you if necessary.

11. Linking to external sites

Occasionally, you will encounter links to other sites that are not related to examdoctor. Please be aware that once you click to one of these sites, you are subject to that site’s privacy policy and not to ours. You may wish to review the privacy policy for each site you visit.

12. Your consent

By submitting your information, you consent to the use of that information as set out in this policy. You should review this policy regularly, to note any changes as to how we collect and use personal information.