1.1 This website is owned and operated by Amaya Medical Ltd. We are registered in the UK (technically “England & Wales”) under number 07373737. Our registered office is at Admin House, 6 North Street, Droitwich, Worcestershire WR8 8JB. Our trading address is 2, Harvest Court, Mill Place, Micheldever Station, Winchester, Hampshire, SO21 3FB.Our other contact details are specified on our website.
1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions.
2.1 Capitalised terms have the following meanings in these terms and conditions:
2.1.1 “Content” means all information (including course materials such as videos and tutorials as well as comments or other feedback) published, stored or sent on or in connection with our Service.
2.1.2 “Service” means the services we offer by means of our website as well as our related software and services.
2.1.3 “User” means a person who uses our Service.
3. Changes to the terms and conditions
3.1 We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.
3.2 If you are a consumer with a subscription to our Service and you don’t agree to the changes (provided that they are neither minor nor required by applicable law or regulations), you can cancel your subscription by giving us notice by email to firstname.lastname@example.org before the effective date of the revised terms and conditions. If so, we will refund any advance payments referable to the period after your cancellation.
4. Right to cancel under Distance Selling Regulations
4.1 If you are an EU consumer (i.e. acting for purposes outside a business), you may cancel your subscription within 7 working days of placing your order by email to email@example.com or any of the other methods specified in the Distance Selling Regulations within 30 days of your notice we will refund your payment. However, this right of cancellation does not apply once you have started to use our Service – this occurs when you log in to the subscribers’ area of our Service – in which case you agree to performance of the contract starting before the usual cancellation period has expired.
5. Use of our Service
5.1 We grant Users a limited personal right to use our Service subject to these terms and conditions.
5.2 Our Service is designed for bona fide candidates who intend to take the MRCPsych CASC examination. If you are using Our Service for other post-graduate equivalents we cannot guarantee all Content will be relevant.
5.3 You agree that you will not in connection with the Service:
5.3.1 breach any applicable law, regulation or code of conduct or infringe any rights of others;
5.3.2 engage in any inappropriate behaviour including threatening, harassing or invasion of privacy;
5.3.3 publish or send any Content which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
5.3.4 sell access to the Service;
5.3.5 use the Service for any commercial purposes;
5.3.6 do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
5.3.7 gain unauthorised access to any part of the Service or equipment used to provide the Service; or
5.3.8 attempt, encourage or assist any of the above.
5.4 You must comply with any guidelines or requirements on our website (for example, any technical requirements in relation to the receipt of Content). You must promptly comply with any reasonable request or instruction by us in connection with the Service.
5.5 You must ensure that all contact and payment information (e.g. email and postal addresses, credit card numbers) which you provide is accurate and not misleading and that you will update it so that it remains so.
6. Your Content
6.1 You are responsible for your Content.
6.2 You must ensure that your Content is accurate and up to date, not misleading, complies with all applicable laws, regulations and codes of conduct and does not infringe any third party intellectual property or other rights. Also, the Content must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.
6.3 We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
6.4 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
6.5 You must ensure not to post Content, embed links or post details of other Users on any other website.
7. Content of other Users
7.1 It is not feasible for us to vet Users or their Content. It is your responsibility to carry out careful and detailed investigations before dealing with another User including use or reliance on any Content from another User. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.
8. Our Content
8.1 While of course we take reasonable care to produce high quality course materials and other Content on our site which provide reasonable assistance to persons taking the MRCPsych CASC examination, we cannot of course guarantee that any User will pass the examination.
8.2 You acknowledge that our Content is intended for educational use only and must not be relied upon in your current clinical practice. If you do use our Content in clinical practice, you do so at your own risk.
8.3 MRCPsych CASC related queries and requests for YouTube feedback will be answered in the order they are received. The author’s responses are the property of the author unless otherwise stated and are not to be distributed without consent. If queries are deemed educationally relevant to all subscribers, these will be posted anonymously on the FAQs section.
8.4 All Skype supervision sessions are strictly for the named subscribing User and must be utilised prior to the expiry date of the purchased subscription. It is the responsibility of the named subscribing User to ensure these are booked accordingly.
9.1 Your account on our Service is for your personal use only and is strictly non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password.
9.2 You agree that Content access will be restricted to one device at a time during your log-in period which will be monitored and restricted by our Service.
10.1 While certain features and parts of our Service available to Users free of charge, full use of our Service is available only to Users who subscribe. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance. Discounted subscriptions are only offered for 3,4 and 6 month course lengths.
10.2 Prices include VAT or other sales tax unless otherwise stated.
10.3 You are legally committed to pay your subscription payment once we confirm your order.
10.4 We may at any time change our subscription prices. The new rate takes effect if you apply for a subscription after we post the new prices on our Service.
10.5 If any amount due to us is unpaid, we may:
10.5.1 charge reasonable additional administration costs; and/or
10.5.2 charge interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998; and/or
10.5.3 suspend our Service; and/or
10.5.4 cancel this agreement on written notice (including email).
11. Suspension / cancellation
11.1 You may at any time cancel this agreement (including your subscription) by following the instructions on our Service. A request for cancellation under this clause does not give rise to any refund.
11.2 We may at any time without cause immediately cancel this agreement including your right to use of our Service. If so, we will refund in full any fees already paid for the period in respect of which we take such a step.
11.3 We may at any time cancel this agreement without refund if we terminate our Service as a whole.
11.4 We may at any time cancel this agreement (giving notice by email to the extent reasonably practicable) or suspend part or all of our Service if we have reason to believe that you have breached our terms and conditions or it is necessary to protect us or others or if we are required to do so by law or appropriate authority. If so, and you are a subscriber, we will refund pro rata that part of your most recent subscription payment relating to the period after cancellation.
11.5 Following cancellation of this agreement: Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of cancellation.
11.6 We cannot be held legally responsible for loss or damage resulting from cancellation of this agreement provided we act in accordance with this agreement.
12. Functioning of our Service
12.1 We cannot guarantee that the Service will be uninterrupted or error-free. We will use reasonable endeavours to rectify faults if they occur.
12.2 We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason. If so, we will use reasonable endeavours to ensure that the suspension takes place at a time when our Service is least likely to be used and that the suspension is for the shortest period possible.
12.3 We are entitled to make changes to the Service.
13.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
13.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
13.3 Very important: We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
13.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
13.3.2 such loss or damage was not reasonably foreseeable by both parties;
13.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or
13.3.4 such loss or damage relates to a business.
13.4 Very important: You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
14. Intellectual property rights
14.1 All trade marks, logos, content (including all course materials, our website’s design, structure and layout), graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
14.2 For the avoidance of doubt you may not collect, scrape or harvest any Content on our Service or deep-link to or frame Content on our Service without our specific prior written consent.
14.3 You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.
14.4 You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
14.5 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our Service (“Submissions”) which you provide us are non-confidential and shall become our sole property. We shall own exclusive intellectual property rights in, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
15.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our Privacy and Cookies Policy.
16. Third party websites
16.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
17. “Act of God”
17.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control including third party telecommunication failures.
18.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
19. English law
19.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
20.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
21.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.