Terms of use

WELCOME TO SURGICALTEACHING.COM

Thank you for visiting our website www.surgicalteaching.com (the “Site”). The following legal terms govern your use of the Site and you should read them carefully. By using the Site, you indicate that you accept and agree to these legal terms.

These legal terms include:

  • Terms of Use - our Terms of Use govern the use of the Site by all visitors, whether those visitors are guests or registered users;
  • Terms of Service - our Terms of Service govern our provision, and your use, of our paid services, including access to the paid content on the Site (the “Services”); and
  • Privacy and Cookie Policy – our Privacy and Cookie Policy can be read here www.surgicalteaching.com/privacy-policy and sets out the terms on which we process any personal data we collect from you, or that you provide to us, as well as information about the cookies on the Site.

 

INFORMATION ABOUT US

The Site is operated by Nexus Labs Limited ("we" or "us"). We are registered in England and Wales under company number 11380441 and have our registered office at 6 King's Buildings, King Street, Chester, CH1 2AJ. Our VAT number is 303835324.

 

TERMS OF WEBSITE USE

The information and content on the Site is provided to you solely for the purpose of private study. It is not intended for medical or clinical use or use for diagnostic and/or therapeutic purposes including but not limited to:

• the diagnosis, prevention, monitoring, treatment or alleviation of disease;

• the diagnosis, monitoring, treatment, alleviation of or compensation for an injury or handicap; or

• the investigation, replacement or modification of the anatomy or of a physiological process,

(together “Medical Purposes”).  The information and content provided on the Site is not intended to be used as a medical device.

 

ACCESSING THE SITE

Access to the Site is permitted on a temporary basis, and we may withdraw or amend the services we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.

We may restrict access to some parts of the Site to users who have registered with us. In particular, access to paid content is available only to Premium members and is subject to our Terms of Service.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them.

 

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights for the material that we create and publish on the site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must destroy any copies of the materials you have made.

Some content that you share or upload onto Surgical Teaching, such as videos, photos or text-based content, may be protected by intellectual property laws. You must ensure that you do not upload content that violates a third-parties intellectual property rights. Accountability for breaching intellectual property laws will be held by the user that has uploaded the content.


The intellectual property rights (things such as copyright or trademarks) for any such content that you create and share on Surgical Teaching, is owned by you. However to provide our services, you give us legal permission (known as a “license”) to use this content.
Specifically, when you share, post or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content. This licence will end when your content is deleted from our site.

 

OUR SITE CHANGES REGULARLY

We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or shut it down indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

 

LINKING TO OUR SITE

You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on the Site other than that set out above, please address your request to info@surgicalteaching.com.

 

LINKS FROM OUR SITE

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

OUR LIABILITY

Any materials made available on the Site or under the Services are tools for private study and are not to be used for any Medical Purposes. Access to the Site is provided “as is” and your use of the Site is at your own risk. To the fullest extent permitted by law:

 

  • we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, under the common law, or otherwise;
  • we expressly exclude any liability for any indirect or consequential loss or damage incurred by you in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, however caused;
  • any clinicians who may endorse the Site or Services shall have no liability to you in respect of any loss or damage incurred by you, whether direct or indirect, in connection with the Site or Services;
  • unless you have entered into any contract with us for the supply of Services, we expressly exclude any liability for any direct loss or damage incurred by you in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, however caused; and
  • if you have entered into a contract with us for the supply of Services in accordance with our Terms of Service, our liability to you in relation to those Services shall in no circumstances exceed a sum equal to the sums paid by you to us for the provision of those Services during the twelve months preceding the date on which the event giving rise to our liability occurred.
  • We expressly exclude any liability for any breaches of intellectual property rights and confidentiality that your use of the site and your uploading of content may result.
  • We will use reasonable skill and care in providing our Service to you and in keeping a safe, secure, and error-free environment, but we cannot guarantee that our Service will always function without disruptions, delays, or imperfections. Provided we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these Terms or otherwise by our acts; losses which are not reasonably foreseeable by you and us at the time of entering into these Terms; any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content posted by others that you may encounter on our Service; and events beyond our reasonable control.

 

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

We process information about you in accordance with our Privacy and Cookie Policy www.surgicalteaching.com/privacy-policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

 

VIRUSES, HACKING, PROHIBITED USES AND OTHER OFFENCES

You may use the Site only for lawful purposes. You may not use the Site:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; or
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • to upload content that breaches third party intellectual property rights and/ or patient confidentiality.

You must not misuse the Site by knowingly introducing viruses, Trojans or any other malicious items. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

To the fullest extent permissible by law, we will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

 

BREACH, SUSPENSION AND TERMINATION

If you are in breach of these Terms of Use or of the Terms of Service, we may take such of the following actions as we deem appropriate in the circumstances:

  • immediate, temporary or permanent withdrawal of your right to use the Site and/or Services;
  • issue of a warning to you;
  • the issue of legal proceedings against you; or
  • disclosure of your information to law enforcement authorities as appropriate.

You agree to indemnify us against all costs, losses, damages, expenses and liabilities (including, but not limited to, reasonable administrative and legal costs) suffered, incurred or paid out by us as a result of your breach of these Terms of Use, our Terms of Service or our Privacy and Cookie Policy.

 

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, your use of the Site although we retain the right to bring proceedings against you for breach of these Terms of Use or the Terms of Service in your country of residence or any other relevant country.

These Terms of Use, the Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

VARIATIONS

We may revise these Terms of Use or the Terms of Service at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Site.

 

SEVERABILITY

If any court or competent authority decides that any of the provisions of these Terms of Use or any provisions of our Terms of Service or Privacy and Cookie Policy are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

 

TERMS OF SERVICE

These Terms, together with our Terms of Use and Privacy and Cookie Policy, set out the entire agreement between you and us relating to the provision by us to you of the Services made available through the Site.

The information and content made available to you in the course of the Services is provided to you solely for the purpose of private study. It is not intended for medical or clinical use or use for diagnostic and/or therapeutic purposes including but not limited to:

• the diagnosis, prevention, monitoring, treatment or alleviation of disease;

• the diagnosis, monitoring, treatment, alleviation of or compensation for an injury or handicap; or

• the investigation, replacement or modification of the anatomy or of a physiological process,

(together “Medical Purposes”).  The information and content provided on the Site is not intended to be used as a medical device.

The Services provided by us include the provision of a personal account to you enabling you to access a range of paid members-only content. This content is hosted on the Site and on third-party sites accessible to our account holders. The Services are described in more detail in the relevant sections of the Site.

 

ACCOUNT SECURITY

If you choose, or you are provided with, a user ID or password as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user ID or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service, our Terms of Use or our Privacy and Cookie Policy.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@surgicalteaching.com.

 

REGISTRATION AND FORMATION OF CONTRACT

By applying to subscribe to the Services, or to upgrade from free to paid Services, you warrant that you are over the age of 18 and legally capable of entering into binding contracts and that all information you provide to us is complete and accurate. Your application is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.

All applications are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail or other written notice. The contract between you and us (“Contract”) will only be formed on acceptance.

We will begin provision of the Services as soon as reasonably practicable after acceptance of your application. Premium Services may be made available to you as a “trial” for a limited time and free of charge, however upon completion of the free trial, these Premium services will only continue to be provided as part of a paid subscription or contract.

Contracts will have a fixed term (12 months) or be a recurring monthly subscription and will automatically renewal at the end of each term, unless you cancel this contract prior to the date of automatic renewal.

 

PRICE, PAYMENT AND TRIALS

Our subscription fees are set out on the Site. You must pay the applicable subscription fees in order to receive the Services (with the exception of any Services offered as a “free” taster).

Trials

For our Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL BY accessing your subscription settings in your account page.

 

Payments, cancellations, and cooling off

Billing

You must purchase a Paid Subscription directly from Surgical Teaching either by (1) paying a subscription fee in advance on a monthly basis; or (2) pre-payment giving you access to the Premium Service for the specific time period of one year (“Pre-Paid Period”).

Surgical Teaching may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Changes in price will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Surgical Teaching Premium Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

Payment may be made by following the instructions on the Site.

We accept payment through our payment processing service provider, PaddlePayments Ltd  and Paddle.com Market Ltd (“Paddle”). The collection and processing by Paddle, of your credit, debit card, bank details and other personal data are governed by its respective] terms and conditions (see [https://paddle.com/legal/ for more information).

 

RENEWAL AND CANCELLATION

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”), consumers have certain rights to cancel contracts concluded at a distance. The Services we provide consist of making “digital content” available to you (within the meaning given in the Regulations). Ordinarily you would have a right to cancel any contract concluded at a distance under Regulation 29(1) of the Regulations within 14 days after the date the contract is entered into (so if you entered into the contract on 1 October, you may cancel any time before the end of 15 October) (the “Cancellation Period”). However, because our Services are subscription-based and consist of making digital content available to you, you acknowledge and accept that:

  • the Services will be made available to you immediately on formation of the Contract and during the Cancellation Period; and
  • by accepting that the Services will be made available to you during the Cancellation Period you waive your right to cancel the Contract under Regulation 29(1) of the Regulations.

Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Surgical Teaching for the Paid Premium Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by choosing to do so via the Subscription tab in your Surgical Teaching Account page. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. Upon cancellation, we will not refund any subscription fees already paid to us.

 

TRANSFER OF RIGHTS AND OBLIGATIONS

You may not transfer, assign or otherwise dispose of any Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time.

 

EVENTS OUTSIDE OUR CONTROL

We will not be liable 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 including (without limitation) natural disasters, failures of telecommunications networks, power failure, failure of our suppliers, data loss and the acts of any government.

 

OUR LIABILITY

Any materials made available on the Site or under the Services are tools for private study and are not to be used for any Medical Purposes. To the fullest extent permitted by law:

  • we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, under the common law, or otherwise;
  • we expressly exclude any liability for any indirect or consequential loss or damage incurred by you in connection with the Services or the Site or in connection with the use, inability to use, or results of the use of the Site, however caused;
  • any clinicians who may endorse the Site or Services shall have no liability to you in respect of any loss or damage incurred by you, whether direct or indirect, in connection with the Site or Services; and
  • our liability to you in relation to the Services shall in no circumstances exceed a sum equal to the sums paid by you to us for the provision of those Services during the twelve months preceding the date on which the event giving rise to our liability occurred.
  • We hold no responsibility for actions performed by the Sites Users that breach our terms of use and community guidelines and accountability will be held by the user who has undertaken the action (including breaches of 3rd party intellectual property rights).
  • All clinical images/videos and other posts, uploaded by the users must be undertaken with consent from the respective patient (where necessary) and liability for misappropriate use or sharing of content will be placed upon the user responsible.

 

WHAT YOU CAN DO AND SHARE ON SURGICAL TEACHING

We have created the Surgical Teaching Community as a place where users can connect, shares ideas and educational content that is important to them. However this is not at the expense of the well-being and safety of other users and the integrity of the site and Community.

1. You may not use our Products to do or share anything:

  • That breaches these Terms and our Community Guidelines
  • That is unlawful, misleading, discriminatory or fraudulent.
  • That infringes or breaches someone else's rights, including their intellectual property rights.

2. You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Products.

3. You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data that you do not have permission to access.

We can remove or block content that is in breach of these provisions.

If we remove content that you have shared for breach of our Community Standards, we have the rights to remove your access and report you to appropriate law enforcement if deemed appropriate.

To help support Surgical Teaching and its Community, please report any content that breaches our terms of use and community guidelines or which has breached your rights (including Intellectual Property).

We hold no responsibility for actions performed by the Sites Users that breach our terms of use and community guidelines and accountability will be held by the user who has undertaken the action (including breaches of intellectual property).

If you choose to use content covered by our intellectual property rights that we have and which we provide in our products (for example videos, images, sounds) in the creation of content that is shared on the Site, we retain all rights to that content.

 

THE PERMISSIONS YOU GIVE US

As part of the offering of services to you, we will need certain permissions:

Permission to use content that you share or create: Some content that you share or upload onto Surgical Teaching, such as videos, photos or text-based content, may be protected by intellectual property laws.
The intellectual property rights (things such as copyright or trademarks) for any such content that you create and share on Surgical Teaching, is owned by you. However to provide our services, you give us legal permission (known as a “license”) to use this content.
Specifically, when you share, post or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content. This licence will end when your content is deleted from our site. We may prevent some content from being deleted where:

  • Where immediate deletion would restrict our ability to:
    • investigate or identify illegal activity or breaches of our Terms and Policies (for example, to identify or investigate misuse of our Products or systems);
    • comply with a legal obligation, such as the preservation of evidence; or
    • comply with a request of a judicial or administrative authority, law enforcement or a government agency;

In which case, the content will only be retained for as long as necessary for the purpose for which it has been retained (this duration may vary depending upon the case).

 

SURGICAL TEACHING COMMUNITY GUIDELINES

The Community is intended to be place where users can share and discuss content, learn from others and ultimately support each other.

These Guidelines are here to help you understand what it means to be a member of the SurgicalTeaching Community. Don't forget that your use of SurgicalTeaching is subject to these Community Guidelines and our Terms of Use.

Things to do

  • Be nice and Engage with others
    We're a global medical community of many types of people, all of whom have the right to feel comfortable. Please be polite and respectful in your interactions with other members. Also feel free to invite medical friends and colleagues to join the Surgical Teaching Community.
  • Only upload content that is appropriate and educational
    Respect the copyright and privacy of others, only upload content that you have the rights to do so or is owned by yourself. Only upload content that is relevant to the Community and other educational benefit to other Users.
  • Protect patient identities
    Please ensure any that any clinical images or posts maintain the anonymity of any individuals contained within them at all times.
  • Enjoy!
    This is your community. Be social, share your thoughts (and content), discuss topics and support each other!

Things not to do

We appreciate that everyone can make mistakes, however, when we discover any user crossing any of the lines listed below, we will take action, which may mean deleting your account with or without warning.

  • Don't violate copyright laws
    This includes photos, video, and/or stuff you've copied or collected from around the Internet which is protected by copyright. Additionally this also includes posting SurgicalTeaching Premium content. Accounts that post such content may be deleted at any time.
  • Don't upload content that is illegal or prohibited.
    This includes but is not limited to drug use, bestiality, and terrorism. If we find you doing it, your account will be deleted and we'll take appropriate action, which may include reporting you to law enforcement.
  • Don’t harass other users
    Always be polite and respectful during your interactions with other members of the Community
  • Don’t use hate speech
    Surgical Teaching has a zero-tolerance policy towards attacking a person or group based on, but is not limited to, race, ethnicity, national origin, religion, disability, disease, age, sexual orientation, gender, or gender identity. 
  • Don't forget to moderate your content
    Any educational posts containing mature content (e.g. nudity, gore) needs to be moderated appropriately. Sexually explicit images and videos (e.g. pornography) are not permitted.
  • Don’t forget to protect the privacy of others
    Please ensure any that if you post educational images or videos, they maintain the anonymity of any individuals contained within them.
  • Don’t spam
    We do not tolerate spam, period. This includes, but is not limited to, excessive favoriting, excessive commenting, deceptive tagging, deceptive photo titles and descriptions, or resource abuse.
  • Don't use the Community for commercial or promotional activity, unless you’re a SurgicalTeaching Partner
    Only SurgicalTeaching Partners are allowed to undertake commercial and promotional activity. Any account found to be in violation of this rule, will be removed.

 

CONTACT US

If you have any concerns about material which appears on the Site, or any questions, comments or requests regarding our Terms of Website Use, Terms of Service or Privacy and Cookie Policy, please contact us at info@surgicalteaching.com or at our postal address of  Nexus Labs Limited, 6 King's Buildings, King Street, Chester, CH1 2AJ.