TERMS AND CONDITIONS FOR REGISTERED USERS

This page together with the documents referred to in it sets out the terms and conditions (Agreement) on which we provide access to the Dr. Podcast internet-based medical podcast service (Service) through our website (www.dr-podcast.co.uk) (our Site) to you. The Service allows you to access various medical podcasts (Content), subject to payment of the relevant charge(s) for such Content. References in this Agreement to the Service includes the Content.

You should read this Agreement carefully and in full before registering to use the Service via our Site. By registering for, using or otherwise accessing the Service, or any part of it, in any manner whatsoever, you are consenting to become a party to this Agreement and agreeing to be bound by and to comply with its terms. Please print a copy of this Agreement and keep it safe for future reference. This Agreement applies in addition to our terms of website use (including our acceptable use policy).

Please click on the button marked "I Accept" at the end of this Agreement if you accept its terms. If you do not accept the terms of this Agreement, you will not be able to register to use the Service.

1. INFORMATION ABOUT US
1. Our Site and the Services are provided by Dr. Podcast Limited, referred to throughout these terms and conditions as “we” or “us”. Please note the following information about us:
1. We are a limited company registered in England and Wales under company number 06527868.
2. Our registered office is at The Granary, Brewer Street, Bletchingley, Surrey RH1 4QP.
2. SERVICE AVAILABILITY
1. We make no promise that materials on our Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Site, the Services and/or the Content from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United Kingdom, you do so on your own initiative and at your own risk, and you are responsible for compliance with local laws.
3. YOUR STATUS AND GENERAL OBLIGATIONS
1. By registering to use the Services, you warrant that:
1. You are legally capable of entering into binding contracts;
2. You are at least 18 years old.
2. The Service does not include the provision of computer or other necessary equipment to access the Service. To use the Service you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
3. Registration for the Service is conducted in the English language only.
4. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (Registration Details). You further agree that, in providing such Registration Details, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Details via the Service, or otherwise advise us promptly in writing of any such changes or updates.
5. You consent and authorise us to verify your credit or debit card with your card issuer as required (and in accordance with our Privacy Policy) for your use of and access to the Service, as applicable. If your card issuer does not validate your card, you will not be able to order any Content.
6. Once you have registered to use the Service, we will provide you with a unique user name and password to access your account (User ID). You agree that you will not allow another person to use your User ID to access or use the Service under any circumstances. You agree that you are solely and entirely responsible for your User ID and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to keep it secure. We are not liable for any charges, damages, liabilities or losses caused by or related to the theft of your User ID, your disclosure of your User ID, or you allowing another person to access and use the Service using your User ID.
7. You are solely and entirely responsible for any and all use of your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorised use of your account or any other breach of security known to you.
8. You acknowledge that the complete privacy of your data and messages transmitted over the internet while using the Service cannot be guaranteed.
9. When you submit your Registration Details to us, we will send you an email confirming receipt of your Registration Details but this does not require us to accept your registration for the Service.
4. DATA PROTECTION
1. All information received by us in relation to your registration for the Service and/or your use of our Site and/or the Service will be used in accordance with our Privacy Policy. By sending your Registration Details to us you are confirming that you have read and agreed our Privacy Policy.
5. OUR STATUS AND SERVICE AVAILABILITY
1. Although we aim to offer you the best service possible, we make no promise that the Service will meet your requirements. We cannot guarantee that the Service will be fault free. If a fault occurs in the Service you should report it to us by telephoning 020-8123-5073 or by email to and we will attempt to correct the fault as soon as we reasonably can.
2. Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
3. We may also provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6. DELIVERY OF CONTENT DOWNLOADS
1. There will be no contract of any kind between you and us in relation to the supply of Content unless and until you confirm your order for a Content download (which includes us receiving payment from you). At any point up until then, we may decline to supply a download to you without giving any reason.
7. SUSPENSION AND CANCELLATION OF YOUR REGISTRATION
1. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under this Agreement.
2. You can cancel this Agreement at any time by informing us in writing. If you do so, you must stop using the Service.
3. The suspension or cancellation of your registration and/or this Agreement and/or your right to use the Service shall not affect either your or our rights or liabilities.
4. Paragraphs 10 and 12 of this Agreement shall survive cancellation.
5. This provision does not affect your statutory rights.
8. CANCELLATION OF ORDERS FOR CONTENT AND DEFECTIVE DOWNLOADS
1. We make downloads of Content available to you through the Service as soon as we have confirmation of your order (including receiving payment from you, if applicable). As soon as you confirm your order for a download of Content, our computer systems make it available to you immediately. Therefore, once you have confirmed your order, you cannot cancel. You will be prompted to initiate the download of the Content to your computer once you have confirmed your order and you will have 48 hours in which to complete the download, after which it will no longer be available to you.
2. If you are unable to complete the download process or wish us to provide a replacement for a file that is defective please contact us by telephone on 020-8123-5073 or by email to and, where this is due to our default, we will replace or refund the Content download.
9. MODIFICATION OF SERVICE
1. We reserve the right to modify, suspend or discontinue the Service (or any part of it) without notice to you and shall not be liable to you if we exercise these rights. Where reasonably practicable, we will try to give you reasonable notice of any discontinuation of the Service.
10. INTELLECTUAL PROPERTY RIGHTS
1. No licence is granted to you in this Agreement to use any trade mark of ours including, without limitation, the trade marks “Dr. Podcast” and “Sound Revision” and the doctor with stethoscope MP3 player device.
2. We and our licensors own all intellectual property rights in the Service and the Site. We and our licensors reserve the right to change, suspend, remove or disable access to any of the Content or other materials making up the Service at any time without notice.
3. You must not give, lend, rent, sell or otherwise distribute any Content or materials accessed via the Service to anyone else. In particular you must not upload it to a network or file-sharing service. If any of our licensors suspect you are in breach of this Agreement and ask us to co-operate with them we shall do so, including by cancelling your registration and telling them who you are. We or they could take legal action against you for breaching our or their intellectual property rights.
4. Each item of Content that you download from the Service is subject to the following rules about how you can use it:
1. You must download each Content file within 48 hours of confirming your order for it;
2. You can download Content as an MP3 file;
3. You can upload each Content file to portable devices which belong to you;
4. You can burn each Content file onto a CD, provided that it is for your own personal use only. You must not give, lend, rent, sell or otherwise distribute or make it available to anyone else.
11. PRICES AND PAYMENT
1. The prices payable for Content are clearly set out on Site. If, by mistake, we have under-priced an item of Content, we will not be liable to supply that Content to you at the stated price, provided that we notify you before the download concerned is commenced.
2. The prices payable for Content are stated in pounds sterling.
3. Payment for all Services must be in pounds sterling and made by credit or debit card. Currently, we accept all major UK credit and debit cards. We will charge your credit or debit card with the sum owed to us as soon as we accept your order for Content.
4. We accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Explorer and versions 3.02 or higher of Netscape. This means you cannot inadvertently place an order through an unsecured connection.
12. OUR LIABILITY
1. We make no representations as to the validity of any opinion, advice, information or statement contained in any Content. Any views expressed do not necessarily represent our views. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given in any Content before relying on them.
2. The Service is provided by us without any warranties or guarantees. You must bear the risks associated with the use of the internet. In particular, we do not warrant that our Site or its contents, or the Service or the Content is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties.
3. In particular, we disclaim all liabilities in connection with the following:
1. incompatibility of the Content with any of your equipment, software or telecommunications links;
2. technical problems including errors or interruptions of the Service;
3. unsuitability, unreliability or inaccuracy of the Content; and
4. inadequacy of the Content to meet your requirements.
4. Except as expressly and specifically provided in this agreement:
1. you assume sole responsibility for results obtained from the use of the Service (including, for the avoidance of doubt, the Content) by you, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information or instructions provided by you in connection with the Service, or any actions taken by us at your direction; and
2. all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
5. Our liability for losses you suffer as a result of us breaking this Agreement is strictly limited to the purchase price of the Content you purchased and any losses which are a foreseeable consequence of us breaking the Agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order for the Content is accepted by us.
6. This does not include or limit in any way our liability:
1. For death or personal injury caused by our negligence;
2. Under section 2(3) of the Consumer Protection Act 1987;
3. For fraud or fraudulent misrepresentation; or
4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
1. loss of income or revenue;
2. loss of business;
3. loss of profits or contracts;
4. loss of anticipated savings;
5. loss of data, or
6. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
8. provided that this paragraph 12.7 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraph 12.5 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this paragraph 12.7.
13. WRITTEN AND OTHER COMMUNICATIONS
1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
2. All communications between you and us must be in English.
14. NOTICES
1. All notices given by you to us must be given to Dr. Podcast Limited at    We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
1. This Agreement is binding on you and us and on our respective successors and assigns.
2. You may not transfer, assign, charge or otherwise dispose of a contract with us, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract with you, or any of our rights or obligations arising under it, at any time during the term of the Agreement.
16. EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
1. Strikes, lock-outs or other industrial action;
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
5. Impossibility of the use of public or private telecommunications networks;
6. The acts, decrees, legislation, regulations or restrictions of any government or regulatory body.
3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
17. WAIVER
1. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.
18. SEVERABILITY
1. If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
2. We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
1. We have the right to revise and amend these terms and conditions from time to time.
2. You will be subject to the policies and terms and conditions in force at the time that you register for the Service or order any Content from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you complete your registration (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of you becoming a registered user).
21. LAW AND JURISDICTION
1. This Agreement will be governed by English law. Any dispute arising from, or related to, it shall be subject to the exclusive jurisdiction of the courts of England and Wales although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.