Terms and Conditions
This agreement applies as between you, the User of this Website
and Global Anesthesia and Critical Care Learning Resource Center ("the LRC), the owner(s) of this Website. Your agreement to comply with and be bound by Clauses
1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the
Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by
these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual
offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer
is deemed to occur upon Our sending a confirmation email to you indicating that your order has been
accepted.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following
meanings:
Account: means collectively the personal
information, Payment Information and credentials used by Users to access Paid Content and / or any
communications System on the Website;
Content: means any text, graphics, images,
audio, video, software, data compilations and any other form of information capable of being stored in a
computer that appears on or forms part of this Website;
Facilities: means collectively any online
facilities, tools, services or information that Global Anesthesia and Critical Care Learning Resource Center makes available through the Website
either now or in the future;
Services: means the services available to
you through this Website, specifically use of the Global Anesthesia and Critical Care Learning Resource Center proprietary e-learning platform;
Payment Information: means any details
required for the purchase of Services from this Website. This includes, but is not limited to, credit /
debit card numbers, bank account numbers and sort codes;
Premises: Means Our place(s) of business
located at N/A;
System: means any online communications
infrastructure that Global Anesthesia and Critical Care Learning Resource Center makes available through the Website either now or in the future.
This includes, but is not limited to, web-based email, message boards, live chat facilities and email
links;
User / Users: means any third party that
accesses the Website and is not employed by Global Anesthesia and Critical Care Learning Resource Center and acting in the course of their
employment;
Website: means the website that you are
currently using (Global Anesthesia and Critical Care Learning Resource Center ) and any sub-domains of this site
We/Us/Our: means Global Anesthesia and Critical Care Learning Resource Center , a collection of unbound and unaffiliated academic contributors
2. Age Restrictions
Persons under the age of 18 should use this Website only with
the supervision of an Adult. Payment Information must be provided by or with the permission of an
Adult.
3. Business Customers
N/A
4. Intellectual Property
- 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Global Anesthesia and Critical Care Learning Resource Center , Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable intellectual property and other laws.
- 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
5. Third Party Intellectual Property
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of
the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly
stated, these sites are not under the control of Global Anesthesia and Critical Care Learning Resource Center or that of Our affiliates. We assume no
responsibility for the content of such websites and disclaim liability for any and all forms of loss or
damage arising out of the use of them. The inclusion of a link to another site on this Website does not
imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites
may do so only to the home page of the site without our prior permission. Deep
linking (i.e. links to specific pages within the site) requires Our express written permission. To find
out more please contact Us by email at anacrawford@stanford.edu
9. Use of Communications Facilities
-
9.1 When using any System on the Website you should do so in accordance with the following
rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 9.1.3 You must not submit Content that is intended to promote or incite violence;
- 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of Global Anesthesia and Critical Care Learning Resource Center or Our affiliates; and
- 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 9.2 You acknowledge that Global Anesthesia and Critical Care Learning Resource Center reserves the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that Global Anesthesia and Critical Care Learning Resource Center may retain copies of any and all communications made to Us or using Our System.
- 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
10. Accounts
-
10.1 In order to procure Services on this Website and to use certain other parts of the
System, you are required to create an Account which will contain certain personal details and
Payment Information which may vary based upon your use of the Website as We may not require payment
information until you wish to make a purchase. By continuing to use this Websiteyou represent and
warrant that:
- 10.1.1 all information you submit is accurate and truthful;
- 10.1.2 you have permission to submit Payment Information where permission may be required; and
- 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
- 11.1 Either Global Anesthesia and Critical Care Learning Resource Center or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
12. Services, Pricing and AvailabilityN/A
13. Orders and Provision of Services
N/A
14. Cancellation of Orders and ServicesN/A
15. Privacy
Use of the Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by
this reference. To view the Privacy Policy, please click on the link above.
16. How We Use Your Personal Information (Data Protection)
- 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
-
16.2 We may use your personal information to:
- 16.2.1 Provide Our Services to you;
- 16.2.2 Process your payment for the Services; and
- 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
- 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
17. Disclaimers
The Global Anesthesia and Critical Care Learning Resource Center is intended to promote the exchange of knowledge and experiences of healthcare providers. It is in no way intended to substitute the clinical judgement and independent decision-making of qualified healthcare professionals. Users of this platform are fully responsible for their own clinical decision making. Creators of Global Anesthesia and Critical Care Learning Resource Center content are in no way liable for any claim, loss or damage resulting from information used from this video and discussion. Creators and administrators of this material make every attempt to provide up-to-date and accurate information, however information changes rapidly. Creators and authors cannot claim responsibility for inaccurate information. Individual healthcare providers are responsible for adapting information to fit availability of resources and standards of care in their own institutions.
18. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or
these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions
from the first time you use the Website following the changes. If We are required to make any changes to
these Terms and Conditions by law, these changes will apply automatically to any orders currently
pending in addition to any orders placed by you in the future.
19. Availability of the Website
- 19.1 The Website is provided “as is” and on an “as available” basis. Global Anesthesia and Critical Care Learning Resource Center uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 20.2 Nothing in these Terms and Conditions excludes or restricts Global Anesthesia and Critical Care Learning Resource Center liability for death or personal injury resulting from any negligence or fraud on the part of Global Anesthesia and Critical Care Learning Resource Center .
- 20.3 Nothing in these Terms and Conditions excludes or restricts Global Anesthesia and Critical Care Learning Resource Center liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails
to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right
or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions
and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is
expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights
upon any third party. The agreement created by these Terms and Conditions is between you and Global Anesthesia and Critical Care Learning Resource Center .
24. Communications
- 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to anacrawford@stanford.edu. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and
Global Anesthesia and Critical Care Learning Resource Center shall be governed by and construed in accordance with the Law