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Conditions of Use

Website Terms of Use

By using and/or subscribing to Our Website you agree to be bound by these terms of use (“Terms of Use”), and in particular you agree and accept the disclaimers and limitations of liability contained in these Terms of Use. Please read these Terms of Use carefully before using Our Website.

We reserve the right at any time without notice to revise, modify, alter, or update the content of Our Website and these Terms of Use at any time. Please review these Terms of Use on a regular basis to ensure that you are aware of any such changes. By continuing to use Our Website following the posting of any such modifications, alterations or updates, you agree to be bound by these Terms of Use as revised.

If you do not wish to be bound by these Terms of Use, please leave this website immediately.

In these Terms of Use:

“Content” means the design, text, graphics and other material on Our Website;

“Log In Account” means your personal access to a protected section of Our Website via a username and password;

“Our Website” means the website accessed via the website address www.mcauleymedical.com;

"Users" or “User” means the users of Our Website collectively and/or individually, as the context requires;

" “we” and/or “us”and/or “our” means McAuley Medical;

""you” and/or “your" means the person using Our Website.

Terms of Use of Our Website

We will permit you to access, use and interact with Our Website on and subject to these Terms of Use.

You are permitted to view, copy, download, print out and use the Content for your own personal and/or internal business use.

Your Obligations

You are not permitted to:

  1. copy, download, print or otherwise reproduce or use the Content or any part of it in any manner whatsoever, except as permitted under paragraph 1.2;
  2. alter any part of the Content;
  3. make any part of the Content available to any third party other than to your employees for the sole purpose of use in your business;
  4. emove any trade marks, copyright or any other intellectual property notices or watermark forming part of the Content or from any material copied or printed from Our Website;
  5. use Our Website to conduct any activities that breach any laws, infringe any third party’s rights or breach any standards or codes published by any relevant authority;
  6. impersonate another User;
  7. interfere with or attempt to interfere with any security measures belonging to or relating to Our Website.

You are responsible for configuring your information technology, computer programs and platform in order to access the Content. We strongly recommend that you use virus protection software. You must not transfer files that contain viruses or other harmful programs.

Our Obligations

We will:

  1. exercise reasonable care when placing Content on Our Website;
  2. use reasonable efforts to make Our Website available;
  3. t
  4. ake reasonable steps to ensure that any interruptions to access to Our Website by any event within our control are kept to a minimum. In this regard please note that access to Our Website may be interrupted for short periods whilst essential maintenance works and/or upgrades to Our Website are carried out;
  5. use reasonable endeavors to secure any personal data, bank details and credit card information you give us.

Access to Protected Content

In consideration of being permitted to use any Log In Account, you agree:

  1. to provide true, accurate, current and complete personal information about you and your business on our registration form or any other form we ask you to complete from time to time; and
  2. to maintain and update promptly any personal information which you are able to update on our site so as to keep it true, accurate, current and complete.

You must take all reasonable steps not to allow unauthorized access to your Log In Account and to safeguard your username and password against unauthorized use. You must notify us immediately if you know or have good reason to suspect that anyone is using your username and/or password without authorization.

You are responsible for all use of Our Website, including your Log In Account, under your username and password whether or not such use was actually yours.

Intellectual Property

All intellectual property rights in Our Website, including without limitation in the Content and the selection or arrangement thereof, shall remain at all times owned by us or our licensors. You are permitted to use this Content only as expressly authorized in paragraph 1.2 and must not use the Content for any other purpose nor assist or facilitate any unauthorized third party to use the Content.

If you become aware of any unauthorized use of the Content, you agree to notify us immediately.

Contributions

If you make any contribution to Our Website whether by way of text, photographs or otherwise, you irrevocably agree and acknowledge by making such contribution that we may use, reproduce, make reasonable modifications to and publish such contribution without payment to you.

We shall decide in our sole discretion whether to publish any contribution you make to Our Website and we shall have no liability whatsoever for any failure and/or delay in doing so.

Your Warranties

By using Our Website, you represent and warrant that:

  1. you have the requisite capacity, right and authority to use Our Website and to be bound by these Terms of Use;
  2. all and any contributions to Our Website you make is your own original work, is not defamatory, blasphemous, obscene or otherwise offensive and does not breach any law, infringe any third party’s rights or breach any standards or codes published by any relevant authority;
  3. all information and details provided by you to us are true, accurate and up to date in all respects and at all times; and
  4. you will comply with these Terms of Use.
  5. You agree to indemnify and hold us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use of Our Website arising from any breach or suspected breach of the Terms of Use, including without limitation the warranties set out in paragraph 7.1, by you or your violation of any law, standards or codes of practice or the rights of any third party.

Limitations of Liability

Our Website is made available on an “as is” basis and to the fullest extent permitted by law, we make no representations or warranties, express or implied, with respect to the Content of Our Website including without limitation as to the accuracy, timing, reliability, completeness or suitability for any purpose of information or statements contained therein, or statements, advice and opinions given by Users on Our Website. The Content may contain inaccuracies or typographical errors.

We do not warrant or represent that:

  1. access to Our Website or any part thereof will be uninterrupted, reliable or fault free; or
  2. Our Website is free of viruses or bugs.

We exclude to the fullest extent permissible at law any and all liability howsoever arising for:

  1. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to Our Website or the Content;
  2. the unavailability of Our Website (or any part of it);
  3. any statement and/or misrepresentation on or relating to Our Website or Content (other than a fraudulent misrepresentation made by us or on our behalf).

NEITHER WE NOR ANY OF OUR DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, FOR ANY LOSS OR DAMAGE WHATSOEVER AND WHETHER DIRECT OR INDIRECT ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE, INCLUDING, WITHOUT LIMITATION, DAMAGE TO SOFTWARE OR HARDWARE, ECONOMIC LOSS, LOSS OF DATA, CONSEQUENTIAL DAMAGE, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

None of the exclusions and limitations in these Terms of Use are intended to limit any rights you may have as a consumer or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our agents or employees.

All and any advice given on Our Website is intended as general guidance only and is not intended as a replacement for, or alternative to, specialist advice and assistance.

Each of the above exclusions and/or limitations shall be construed as a separate and severable provision of these Terms of Use.

Third Party Websites

We may from time to time provide links from Our Website to third party websites. We will not be liable in any way whatsoever and we make no representations, warranties, recommendations or endorsements in connection with the availability of any such third party website or any content, advertising, products or services on or available from such third party websites.

Privacy and Data Protection

We endeavor to use appropriate security procedures in the storage of personal information so as to prevent unauthorized access by third parties. However, the Internet is not a completely secure medium and, as such, you acknowledge and agree that, to the fullest extent permitted by law, we shall not be responsible for any unauthorized use, distribution, damage or destruction of personal data held by us.

Please see our Privacy Policy for further information about our use of your personal information obtained by us.

General

If any court holds any provision of these Terms of Use to be void or unenforceable, it shall be deleted and the remaining provisions shall continue in full force and effect. These Terms of Use shall be governed by and construed in accordance with the laws of New Hampshire and you agree to submit to the exclusive jurisdiction of New Hampshire. We reserve the right in our sole discretion to deny any person access to Our Website or any part thereof, including without limitation any Log In Account, without notice.

Feedback and Complaints

If you have any complaints about any aspect of Our Website or if you have any questions or would otherwise like to provide any other feedback, visit our Contact Us page.

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