Academy of Physical Medicine: Terms & Conditions
The following Terms and Conditions of Use govern use by all persons of any and all of the Academy of Physical Medicine websites, including any related sites where content may be stored, but which are not owned by The Academy of Physical Medicine.
Please read the following carefully because by accessing the Site and using the content, courses or services you are agreeing to abide by these Terms and Conditions of Use.
We may modify any of these terms and conditions at any time by providing notice on our website. A Member’s continued use of the websites, materials, and services, or their participation on training courses, including courses marketed by APM but run by other organisations, shall be conclusively deemed acceptance of these terms and conditions and any subsequent modification.
You or Your: The party entering into this Agreement with Us. By accessing the Site you are deemed to have accepted these terms.
Us, We, or Our: The Academy of Physical Medicine Limited, incorporated and registered in England and Wales and whose registered office is at The Charles Parker Building (South Wing). Midland Road, Higham Ferrers, NN10 8DN, England.
APM: The Academy of Physical Medicine Limited.
Agreement: the terms and conditions set out in this document, any variations agreed between us and any additional terms notified before use of the Services.
Authorised Users: Authorised Users includes up to a total of 7 persons, specified by You and including You, that we have agreed with You are to benefit from membership of APM. All Authorised Users will have an individual login ID, and all must be practitioners at the same clinic, or at a group of clinics owned by You.
Course: includes all training events offered by APM which entail physical attendance by You and others at a single location. Courses include those run entirely by APM and those marketed by APM on behalf of a third party.
Intellectual Property Rights: These rights include, without limitation, patents, trademarks, trade names, design rights, copyright (including rights in computer software), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, which may subsist anywhere in the world.
Member Benefits: these are generally shown on the “Member Benefits” page of the APM website, but may extend to other products or services not listed. They include, but are not limited to, Website Videos, preferential insurance rates, Academy Affiliation and Clinic Equipment. The range and nature of Member Benefits may be amended or modified at any time by providing notice on Our website.
Services: includes hosting services, training courses and provision of CPD, as the context requires, that we provide to allow you to access and use the material, information and training.
Software: The software provided by us or by our suppliers which enables you to use the Services, including data schemas, data models, databases and the like.
Start Date:The date the Subscription Period starts.
Subscriber Data: The data input by you for use in conjunction with your subscription or other services.
Subscription Fee: The subscription fee for the Services to be provided under this Agreement, as specified on our website.
Subscription Options: the subscription options set out in clause 2.
Subscription Period: The period in respect of which a Subscription Fee is payable for any Service.
Trial Membership: A try-before-you-buy option, offered at a reduced cost, which may be varied by Us at any time. The trial period will normally be 28 days, but may also be varied by Us at any time.
2.1 Depending on your requirements, you can choose the following Subscription Options for you and Your Authorised Users:
a. Low-Cost Annual: this will grant access to the full APM service. Payment is collected in advance and access to APM services lasts 12 months from the date of commencement. The subscription is automatically renewed annually unless You instruct Us otherwise; or
b. Low-Commitment : this will grant access to the full APM service on a month-by-month basis. The subscription is collected in advance and is automatically renewed each month unless You tell Us otherwise; or
c. Low-Cost Monthly: this will grant access to the full APM service. The contract is for 12 months’ membership paid in monthly instalments in advance. This option can not be cancelled before the 12 month period expires, however exceptional circumstances will be considered and may be stopped before the 12 month period expires subject to an Early Termination fee. The subscription is automatically renewed annually unless You instruct Us otherwise;
d. Trial Membership: trial Membership grants access to the full APM service. At the end of the trial period, Trial Membership will automatically roll over into the subscription option You selected on commencement, unless You instruct Us to cancel the trial before this date. Thereafter the conditions of the selected subscription apply;
e. Practice Membership: this grants access to the full APM service for a period of 12 months for up to 7 Authorised Users. The contract is for 12 months’ membership paid in monthly instalments in advance. The subscription is automatically renewed after 12 months unless You instruct Us otherwise.
3. AUTHORITY AND LICENCE
3.1 We authorise you and your Authorised Users to have access to the content, materials, CPD and other training materials in accordance with your chosen Subscription Option and for which You agree to pay us the Subscription Fee.
3.2 This Agreement (including the licences hereunder) starts on the Start Date and ends on the first of the following events:
3.2.1 the end of the Subscription Period (unless renewed in accordance with clause 5.6); or
3.2.2 termination of this Agreement under clause 10.
3.3 We hereby grant you on the terms and conditions of this Agreement a non-exclusive, non-transferable licence to access training material solely for your business purposes (and for the avoidance of doubt, nothing in this Agreement grants to you any rights whatsoever in or relating to the source code of the Software or the Intellectual Property Rights).
3.4 We confirm that we have all the rights in relation to the Software that are necessary to grant all the rights We purport to grant under the terms of this Agreement.
3.5 You may search, view, copy and print out material from the APM website for Your own business purposes only. You may not re-package, re-sell or share the content or information in any format without prior written agreement from Us.
4. YOUR OBLIGATIONS
4.2 You will take reasonable steps to ensure that nobody other than Authorised Users accesses the CPD, training or Services using accounts created with Your username and password.
4.3 You acknowledge and agree that we and our licensors own all Intellectual Property Rights in the Software, the content, Implementation Plans, the know-how and the Services. Except as expressly stated in this Agreement, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Software, know-how, Services or any related documentation.
4.4 You are solely responsible for the appropriate use and adaption of CPD and other information taken from the APM website or Courses.
4.5 You recognise and accept that in our provision of CPD and other training We are not providing professional advice (e.g. such as would be given by a solicitors’ firm or accountant). You are responsible for ensuring that, where appropriate, any CPD or other training is supported by evidence and is appropriate for use in Your own clinical or other setting. 4.6 You remain solely responsible for the safety and welfare of patients in your care. Application of any techniques or other treatment modalities discussed as part of APM’s training, courses or CPD provision is undertaken at Your own risk and on the implicit expectation that You will have evaluated its safety and appropriateness for each patient in Your care.
4.7 You are responsible for configuring Your information technology, computer programmes and platform in order to access the Services. You should use Your own virus protection software.
4.9 In the event that we provide links to third-party websites, You accept that We have no responsibility or liability for the content of such third-party websites. Authorised Users assume the sole responsibility for the accessing of third-party websites and the use of any content appearing on such websites.
5. CHARGES AND PAYMENT
5.1 The Subscription Fee will depend on which Subscription Option you choose. The prices for each Subscription Option are as set out on our website from time to time. Payment is due at the check-out process of the online registration process.
5.2 Should you choose to cancel your subscription before the end of the Subscription Period, you are still liable to pay the Subscription Fee in full. We do not give, and you are not entitled to receive, any pro-rata refunds.
5.3 Instalments: Where available you can choose to pay in instalments by selecting the Instalment Option during the online ordering process.
5.4 Late Payment: See clause 10.1 and 10.2 for what will happen if you miss a payment due for the Subscription Fee.
5.5 Renewal: Your subscription will renew automatically at the end of each Subscription Period.
5.5.1 If you do not want to renew your subscription for another Subscription Period, please contact Us by telephone on 01933 328150 (Monday to Friday between 9:00am and 5:00pm), by email or via our online chat service providing the correct amount of notice as required in clause 11.
5.5.2 Subject to us receiving such notice from you, your subscription will end on the last day of the Subscription Period. You must tell us if you do not want to renew your subscription before the renewal date as payment for renewals is processed automatically and once processed is non-refundable.
6. OUR OBLIGATIONS
6.1 We will take reasonable steps to ensure that Software, video and data files we supply to you as part of the Service are virus-free. However, You should use your own virus protection software.
6.2 We will use our best endeavours to ensure that Subscriber Data is maintained securely and is properly backed-up. In the event of any loss or damage to Subscriber Data, your sole and exclusive remedy shall be that we use our best endeavors to restore the lost or damaged Subscriber Data from the latest back up of such Subscriber Data. We shall not be responsible for any loss, destruction, alteration or disclosure of Subscriber Data caused by any third party (except those third parties sub-contracted by us to perform services related to Subscriber Data maintenance and back-up).
6.3 We will use our best endeavours to ensure that the Services are provided continuously and that access to our website is not interrupted by any event within our control. We will notify you in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom office hours. However, we assume no liability for any losses you may suffer as a result of any downtime and the Subscription Fee is non-refundable.
7.1 You acknowledge that our Confidential Information includes all of our content. You may not copy any video content, nor record any content delivered online, whether by video or still image, without written agreement from us. This does not extend to any notes taken by you and saved on the APM website(s), nor to records of your CPD kept on the APM website(s).
7.2 You may not share your login details with any third party.
7.3 We acknowledge that the Subscriber Data is your Confidential Information.
7.4 Each party shall use its best endeavours to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this Agreement.
7.5 Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party (except, in Our case, those third parties sub-contracted by Us to perform services related to Subscriber Data maintenance and back-up).
7.5 This clause shall survive termination of this Agreement, however arising.
8.1 We give you no warranty or assurance or guarantee of any kind, except as set out in clause 6. We declare and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.
8.2 Our policy is to conduct our business at all times in a professional manner and to best practice standards. We use our best endeavours to maintain our content and keep the advice, CPD and other materials up to date and to develop our Services to meet subscribers’ needs. However, you should note in particular: 8.2.1 the CPD and advice is not intended to constitute a definitive or complete statement on any subject, nor is any part of it intended to constitute professional advice for any specific situation.
8.2.2 We do not undertake any obligation to consider whether the information provided to or by us for the purpose of our CPD or other training is either sufficient or appropriate for any particular actual circumstances.
8.2.3 the recorded CPD includes archived information and resources, which may be incorrect or out of date.
8.3 We are a conduit for CPD, advice and other training. In most cases, CPD is actually provided by a third party, either through live interviews or hands-on courses. We do not accept any responsibility for action taken as a result of information provided by us in this manner. You should use god clinical judgement when dealing with patients and where necessary should take independent professional advice on other matters pertaining to your business.
8.4 The services are general and educational in nature, may not reflect all recent developments and may not apply to the specific facts and circumstances of individual transactions and cases. We do not advise clients in any matter and are not bound by the professional responsibilities and duties of a professional advisor.
8.6 We give You no warranty or assurance that the Services and Our means of delivering them are compatible with Your software or computer configuration.
8.7 We may change part or all of any Service at Our discretion.
9.1 You and Your Authorised Users assume sole responsibility for the use of CPD, training, advice or other information provided by APM.
9.2 We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided by you in connection with the Services, or any actions taken by us at your direction; and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
9.3 Nothing in this Agreement excludes our liability for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation.
9.4 Subject to the clauses above:
9.4.1 We shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising. 9.4.2 Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the Subscription Fee during the 12 months preceding the date on which the claim arose. You acknowledge that this limitation is reasonable.
9.5 We shall have no liability for the performance of any businesses other than The Academy of Physical Medicine Ltd. Any other businesses featured or mentioned on our websites or in our materials are used at your own risk and you should do your own due diligence before entering into any arrangements or contracts with them.
9.6 We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations under this Agreement or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
10.1 This Agreement will terminate if you are in material breach of any of its terms and if the breach is not remedied within the period of 20 working days after written notice of it has been given to the party in breach.
10.1 Notwithstanding clause 10, if payment of the Subscription Fee is not made in full by the due date(s), without prejudice to any rights or remedies otherwise available, we reserve the right to (a) charge interest on the outstanding balance of all overdue sums at the rate of 3% per month above the current base rate at Barclays Bank or the maximum interest rate permitted by law, whichever is the greater; and (b) suspend or withdraw access to the Service.
10.2 If for any reason a monthly instalment is not made in full, then the full value of the Subscription payments for the Subscription Period will become immediately payable in full.
10.3 On termination of this Agreement for any reason:
10.3.1 all licences granted under this Agreement shall immediately terminate; subject to the exceptions in this sub-clause, you will take reasonable steps to delete all materials, with the exception of CPD certificates and supporting evidence, provided by APM from your electronic media, including your intranet and electronic storage devices. 10.3.2 Termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
11. CANCELLATION AND NOTICE PERIODS
11.1 Membership subscriptions can be cancelled at any time by contacting the APM office on 01933 328150 during our open office hours or by emailing any member of the team.
11.2 The correct notice period is required when cancelling Your subscription.
11.3 The length of notice period required to cancel will depend on the type of subscription and is indicated in Clause 2.
11.4 No refunds, or pro-rata refunds, are made on any Monthly or Annual Subscription Fees paid.
11.5 If You cancel your subscription during a Trial period, then you will not be able to take up a subsequent trial at any time in the future.
11.6 Subscription Fees must be fully up to date before cancellation can be affected. If Subscription Fees are outstanding or overdue, then they must be paid in full before cancellation can be made. You agree that failure to bring your subscription payments up to date means that Your subscription cannot be cancelled and therefore Subscription Fees will continue to accrue.
11.7 If paying by Instalments, then You will continue to be liable for Your outstanding payments until the end of Your Subscription Period
11.7 Course fees are subject to cancellation periods as described when booking the course. The Academy reserves the right to retain a fee if the place cannot be filled in time for the course.
12.1 No refunds, or pro-rata refunds, are made on any Monthly or Annual Subscription Fees paid.
12.2 Where refunds are made, they can only be processed by the method the order was originally charged.
13. DISCOUNTS AND MEMBER BENEFITS
13.1 From time to time APM may offer discounts (otherwise known as Promotions or Promos) on products or services:
13.1.1 You may make use of any of these discounts provided you are a member at the time of purchase, at the time of delivery of the product or service, and throughout the intervening period.
13.1.2 Should You use a discount code which is available only to members when you do not have an active Subscription to APM, You accept that You are immediately liable to pay a subscription fee, and that APM may apply such a fee without notice. The rate applied will be the Low-Cost Annual Subscription.
13.1.3 Should You cease to be a member after ordering a product or service, but before delivery of that product or service, then You accept that you are immediately liable to pay the full fee for the product or service and that APM may do so without notification.
13.2 Member Benefits may apply only as long as You remain a member. In particular:
13.2.1 Medical Malpractice Insurance taken out at the discounted rate offered to members is only valid as long as Your membership remains active (that is, as long as You have an active subscription). If You cancel Your subscription, it is your responsibility to ensure that your insurers are informed and that they are happy to continue cover at the same or a different fee. 13.2.2 Website videos are produced for the benefit of members. They are hosted through a third-party service by APM, at APM’s expense. All video and audio footage relating to website videos remains the property of APM. If You cease to be a member of APM, you accept that you will no longer have access to this material. APM is under no obligation to provide You with the original media, nor is APM under any obligation to continue to host the edited copy.
13.3 It is Your responsibility to ensure that any products or services purchased as a Member Benefit remain in place or legally valid should you cease to be a member of APM.
14. GENERAL PROVISIONS
14.1 The rights provided under this Agreement are granted to You only. You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of `your rights or obligations under this Agreement.
14.2 This Agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party. Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
14.3 If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
14.4 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
14.5 This Agreement, Subscription Fee and other invoices, and any agreed written record identifying Authorised Users constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this Agreement. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. The only remedy available to it for breach of the Agreement shall be for breach of contract under the terms of this Agreement.
14.6 English law governs this Agreement and the parties submit to the non-exclusive jurisdiction of the English courts.