1. Contract formation and this website
1.1 The CPDEasy.com website at www.cpdeasy.com (the “Site”) is owned and operated by Mediapharm Limited, a company registered in England under number 4747439 whose registered office is at 158 Hermon Hill, South Woodford, London, E18 1QH (“CPDeasy.com”).
1.2 CPDEasy.com provides its services to You subject to these terms and conditions (the “Contract”. By registering with and/or using the Site, You (“You”, or “Your”) confirm that You have read these terms and conditions and agree to comply with them and with any variations made from time to time by CPDEasy.com.
1.4 CPDEasy.com reserves the right at any time to add to, change or delete from the services it provides and the facilities available via the Site (the “Services”), including any forum provided (the “Forum”). CPDEasy.com aims to make the Site and Services available 24 hours a day, seven days a week, but reserves the right to suspend access to or restrict the availability or Your use of the Site and/or any or all of the Services at any time, without notice, for maintenance purposes, or if CPDEasy.com suspects that there has been any breach of security, a breach of this Contract, or any unlawful use of the Site and/or Services.
2. The Site and Services
2.1 Registration with and use of the Site and/or Services will be conditional on You meeting certain criteria, such as Your qualifications. CPDEasy.com reserves the right, at its discretion, to introduce new criteria and to change any criteria from time to time.
2.2 CPDEasy.com may refuse to accept anyone as a member, without giving any reason. Pharmacists and pharmacy technicians who have been removed from the GPhC register may be denied access to the Site and/or any or all of the Services.
2.3 CPDEasy.com also reserves the right to introduce charges and terms and conditions relating to the payment of those charges, and to review and amend charges for access to the Site and Services. You will be given at least 30 days’ notice of any new payment terms and conditions or any new or increased charges, and the opportunity to cancel Your membership before those charges or new terms come into effect.
2.4 CPDEasy.com reserves the right to remove material without notice from the Site and/or Services. CPDEasy.com does not undertake to keep or make available any material provided by it, or that You or anyone else has posted to the Site or to any Forum, for any length of time, and You are advised to make a copy of any material or message that You wish to keep.
2.5 CPDEasy.com may block, delete, archive or remove from the Site and from any Service any information or other material that You have posted, sent or received at any time and without giving notice, and to block, delete, archive, make unavailable, modify or comment on any Forum posting or thread within a Forum, and to close individual Fora without notice. CPDEasy.com has no obligation to monitor or moderate any Forum, newsgroup, e-mail or message, and usually does not do so. If You have any complaint about any posting or e-mail or message made or sent by a third party, You should contact helpdesk immediately.
2.6 CPDEasy.com may gather, use and share with third parties certain anonymous information and statistics about our users and visitors, in aggregate form only, and in order to help us improve our service.
3. Your obligations
3.1 When registering, You confirm and warrant that the personal information You provide, including without limitation Your name and GPhC number, is true, accurate and complete.
3.2 You must exercise Your professional judgement in evaluating any information You receive via the Site and/or the Services. Neither the Site nor the Services are intended to serve as a substitute for Your own clinical judgement as a healthcare professional and use of the Site and/or Services does not in any way override or supersede Your responsibility to exercise such judgement. You should independently verify any information and content made available or otherwise obtained through the Site and/or Services before relying on it.
3.3 You will keep Your registration details (including Your username and password) secure and will not disclose them to any other person. You are responsible for all activity carried out using Your registration details, whether or not You have allowed or facilitated it. If You discover or suspect that Your registration details are known by a third party or are being used without authorisation, You must contact helpdesk immediately.
3.4 When registering with and using the Site and/or Services, You also promise and undertake:
3.4.1 to act in a professional and ethical manner and with due regard to the Code of Ethics for Pharmacists and Pharmacy Technicians and the Professional Standards and Guidance documents that support and supplement aspects of the Code;
3.4.2 not to post any material on this site that includes identifiable or potentially identifiable case material;
3.4.3 not to send unsolicited e-mail, or send or post any message which is disruptive or which generates complaints;
3.4.4 not to use the Site and/or Services for the purposes of sending, publishing, displaying, distributing, downloading, storing, or in any way in connection with, any message communication or material which is illegal, offensive, abusive, indecent, obscene, harassing or menacing or which does, or is intended to, cause annoyance, inconvenience or worry or which is fraudulent or defamatory or contains or breaches any person’s confidence, privacy, Intellectual Property Rights or any other right or is otherwise unlawful or which in CPDEasy.com’s reasonable opinion brings its name into disrepute or in any way which intentionally causes damage or disruption to the Site and/or Services or which damages, or may damage, CPDEasy.com’s brand and/or its reputation. ;
3.4.5 not to post the same or similar messages to large numbers of newsgroups (e.g. excessive cross-posting or multiple-posting, commonly known as “USENET spam”);
3.4.6 to make only private, non-commercial use of the Site and/or Services or to use them only in the ordinary course of Your profession, and not to use the Site or the Services or obtain or attempt to obtain any information or material (including without limitation email addresses) for any commercial purpose or post information or material for the benefit of any commercial venture. This includes advertising or attempting to sell items for personal gain;
3.4.7 to obtain all necessary permissions if You use this site or any CPDEasy.com service to receive, upload, download, display, transmit, distribute, perform or execute materials, programs or other works protected by intellectual property rights or rights of privacy or confidence;
3.4.8 if participating in market research, to provide accurate information to the best of Your knowledge;
3.4.9 not to impersonate another person;
3.4.10 to inform CPDEasy.com if You become aware of or suspect that any other member is breaking these rules.
3.5 It is Your responsibility to adhere to and meet the General Pharmaceutical Council Standards for Continuing Professional Development and use of the site or services does not in anyway override or supersede such responsibility. The Site and/or the Services are not intended to serve as a substitute for you meeting mandatory professional obligations for Continuing Professional Development, nor to record any activities you undertake for this purpose.
4. Your personal data and other information
4.2 You consent to CPDEasy.com processing Your personal information, including any sensitive personal information You provide, for the purposes of providing You with the Services and use of the Site. You also consent to the use of such data for communicating with you, and for statutory, accounting and archival purposes. You also consent to CPDEasy.com checking Your GPhC number with the GPhC database for identification purposes.
4.3 CPDEasy.com may (but is not obliged to) monitor and record Your use of the Site and/or Services. No information which is posted to the Site or sent via any Service will be treated as confidential. For the avoidance of doubt, this does not include e-mails, which are treated as confidential.
5. Intellectual Property Rights
5.1 The Site and its contents and information, and the Services and their content and information, any property belonging to CPDEasy.com or associated with the Site and/or Services, including without limitation any trade mark or trade name, logos and software, is and remains at all times the property of CPDEasy.com and/or is used under licence from its suppliers and is protected by copyright, database rights and other intellectual property rights and You agree that You will not infringe any such rights in any way.
5.2 You assign to CPDEasy.com the copyright in all material that You post to the Site (except for e-mails). You waive all moral rights in connection with that material and those messages, and You authorise CPDEasy.com to act on Your behalf in any action they may decide to take if any intellectual property rights in any material You post to the Site or in any message that You send via the Services are infringed by any third party.
5.3 Subject to any conditions specific to any Service, You may read, print and download parts of the material and information on the Site and/or through the Services for Your private, non-commercial use or use in the ordinary course of the Your profession, but You may not make any profit from the use of that material or information nor republish, disseminate or transmit any of it, or exploit it for any commercial purpose, or make any derivative work, or copy it for any other purpose without first obtaining CPDEasy.com’s written permission, or that of the rights owner. To seek permission please contact: helpdesk.
6. Third party goods, services and links
6.1 You may from time to time be provided with links to other websites through use of the Site and/or Services. These are provided as a convenience to You and when You activate any of these, You will leave the Site. These sites are not controlled by CPDEasy.com in any way and CPDEasy.com is not responsible for the content, accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at Your own risk.
6.2 A third party is any person or entity who is not a party to this Contract, including without limitation a provider of goods and services, an advertiser, or a person (who may also be a user of the Site) posting on the Forum. Third parties will usually be clearly identifiable as such, but You understand that any opinion, advice, statement, service, offer, or information or content provided or made by any third party on this site or via any CPD service, or on any site to which this site is linked, is that of the author or provider, and not of CPD. CPDEasy.com does not endorse, and it is not responsible for, the accuracy or reliability of, any such opinion, advice, statement, service, offer, information or content. Where content or information on or services available via this site or any CPD service have been supplied by a third party, CPDEasy.com does not control or endorse them in any way.
6.3 If You purchase, use or acquire goods or services from any third party, even if You have been directed from the Site and/or Services to them, any contract entered into with that third party and any use made of its site is a matter between You and that third party. CPDEasy.com has no liability for the quality or type of services or goods provided by any third party it may mention on the Site or to whom the Site may be linked. It is for You to make Your own judgement about them.
6.3 All information, content and services supplied by third parties are made available in good faith but CPDEasy.com does not (to the extent allowed by the law) accept responsibility for their accuracy or use. CPDEasy.com does not make any representation or give any warranty about any other site or any services or goods provided by any third party, or any opinion, advice, statement, offer, information or content on any such site or made by any such party. CPDEasy.com has no control over their quality, content or availability. CPDEasy.com will not be liable for any loss or damage caused by or in connection with use of, or reliance on, any content, goods or services available on or through any other site.
7.1 You may terminate Your membership at any time by giving not less than seven days’ notice to firstname.lastname@example.org. This is Your sole remedy if You are dissatisfied with the Site and/or any of the Services.
7.2 CPDEasy.com may terminate Your membership for at its discretion upon giving You seven days’ notice via email. In addition, CPDEasy.com may terminate or suspend Your membership and access to the Site and/or Services at any time without notice if You breach or are suspected of having breached this Contract, if You cease to meet the criteria from time to time for access to or use of the Site and/or Services, or if Your agreement with any internet service provider for access or connection to the internet is terminated for any reason.
8. Liability and warranties
8.1 Whilst CPDEasy.com has taken all reasonable care in the creation, selection, assembly and presentation of the content of the Site and/or Services, all such content (including third party information, products or materials) is provided ‘AS IS’ and no warranty or representation, implied or otherwise, is given in relation to its accuracy or appropriateness, or its fitness for a particular purpose, or that it will meet Your individual requirements. CPDEasy.com makes no representations or warranties that, amongst others, the content and information available from the Site and/or Services are free from errors or omissions or that the service will be 100% uninterrupted and error free or will meet any particular criteria of performance or quality. CPDEasy.com expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, non-infringement, compatibility, security, and accuracy.
8.2 If You find any possible errors or malfunctions, or inaccurate, out of date or incomplete information or content on the Site and/or in any of the Services, or if You suspect that something is an infringement of any intellectual property right, You must let CPDEasy.com know immediately by contacting the helpdesk.
8.3 Use of the Site and/or Services is at the risk of the user. We take no responsibility for direct, indirect or consequential loss from Your use of the Site and/or Services. We accept no liability for viruses infecting the user’s computer or systems following the use of the audio, video, data or text on the Site.
8.4 It is Your responsibility to keep Your username and password secret and secure and not to allow anyone else to use them. You are responsible for the use or misuse of the Site and/or Services by any person accessing them through Your password or ID (whether that use is authorised or unauthorised) and You agree to bear all losses, expenses, inconvenience and site charges arising as a result of that use. You must not attempt to use anyone else’s username, password or other means of identification; to do so may be an offence under the Computer Misuse Act 1990.
8.5 Information and content of the Site and/or Services are not intended to address any particular requirements; they do not constitute any form of advice or recommendation by CPDEasy.com and are not intended to be relied upon in making (or refraining from making) any decision. If You are not qualified nor experienced enough to make a professional judgement, You should take professional advice. You acknowledge that the final responsibility for the judgements You make and for any decisions or acts that flow from them remain Your full responsibility.
8.6 To the fullest extent permitted at law, no liability is accepted for any direct, indirect or consequential loss or damage (including loss of data, business opportunity or profits, whether in an action in contract, negligence or other tortuous action), even if CPDEasy.com have been advised of the possibility of such damages, resulting from the access to and use of the Site and/or Services. No liability is accepted which arises out of the use or inability to use the Services or accompanying written materials, regardless of the basis of the claim.
8.7 Nothing in these terms or conditions limits or excludes CPDEasy.com’s liability for death or personal injury caused by its proven negligence.
9.2 No waiver: Any failure by CPDEasy.com to enforce any provision of this Contract at any time shall not be construed as a waiver of such provision and shall not affect the right of CPDEasy.com to enforce such provision.
9.3 Variations: Any terms purporting to vary this Contract in any order, or other written or electronic communication from you, are ineffective unless specifically accepted by CPDEasy.com in writing.
9.4 Severability: If any provision in this Contract is deemed to be illegal, unenforceable or invalid for any reason, it shall be deemed to have been struck out and the remaining provisions shall survive and continue to be binding and enforceable.
9.5 Assignment: You may not assign or transfer Your membership to, or share or sublicense the advantages of membership of CPDEasy.com with, any other person. CPDEasy.com may assign or sub-contract its rights or obligations (or both) to any third party.
9.6 Rights of Third Parties: Nothing in the Contracts (Rights of Third Parties) Act 1999 shall operate to give any third party the right to enforce any term of this contract.
9.7 Jurisdiction: This agreement is governed by English law and shall be subject to the exclusive jurisdiction of the English courts.