The Terms & Conditions and privacy policy of www.exile-medics.com

 

TERMS AND CONDITIONS 

BACKGROUND:

            These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.exile-medics.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

 

1.             Definitions and Interpretation

1.1          In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and

“We/Us/Our”

means Exile Medics Ltd, a company registered in England under 08340775, whose registered address is 185 Coldharbour Road, Bristol BS6 7SX and whose main trading address is 185 Coldharbour Road, Bristol BS6 7SX.

2.             Information About Us

2.1          Our Site, www.exile-medics.com, is owned and operated by Exile Medics Ltd, a limited company registered in England under 08340775, whose registered address is 185 Coldharbour Road, Bristol BS6 7SX of 185 Coldharbour Road, Bristol BS6 7SX.

3.             Access to Our Site

3.1          Access to Our Site is free of charge.  No part of Our Site requires payment of any kind in order to access or use it.

3.2          It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3          Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4.             Intellectual Property Rights

4.1          All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.  All rights are reserved.

4.2          Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

4.3          You may:

4.3.1      Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

4.3.2      Download Our Site (or any part of it) for caching;

4.3.3      Print pages from Our Site;

4.3.4      Download extracts from pages on Our Site; and

4.3.5      Save pages from Our Site for later and/or offline viewing.

4.4          Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

4.5          You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

4.6          Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

5.             Links to Our Site

5.1          You may link to Our Site provided that:

5.1.1      You do so in a fair and legal manner;

5.1.2      You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

5.1.3      You do not use any logos or trade marks displayed on Our Site without Our express written permission; and

5.1.4      You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

5.2          You may not link to any page other than the homepage of Our Site, www.exile-medics.com.  Deep-linking to other pages requires Our express written permission.

5.3          Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at brett@exile-medics.com for further information.

5.4          You may not link to Our Site from any other site the main content of which contains material that:

5.4.1      Is sexually explicit;

5.4.2      Is obscene, deliberately offensive, hateful or otherwise inflammatory;

5.4.3      Promotes violence;

5.4.4      Promotes or assists in any form of unlawful activity;

5.4.5      Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

5.4.6      Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

5.4.7      Is calculated or is otherwise likely to deceive another person;

5.4.8      Is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

5.4.9      Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);

5.4.10   Implies any form of affiliation with Us where none exists;

5.4.11   Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

5.4.12   Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

5.5          The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

6.             Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

7.             Disclaimers

7.1          The Content on Our Site does not constitute advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to any medical activity.

7.2          We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

7.3          We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

8.             Our Liability

8.1          To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

8.2          To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

8.3          Our Site is intended for non-commercial use only. If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

8.4          We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

8.5          We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

8.6          Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

9.             Viruses, Malware and Security

9.1          We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

9.2          You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

9.3          You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

9.4          You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

9.5          You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

9.6          By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

10.          Acceptable Usage Policy

10.1       You may only use Our Site in a manner that is lawful.  Specifically:

10.1.1   You must ensure that you comply fully with any and all local, national or international laws and/or regulations;

10.1.2   You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

10.1.3   You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

10.1.4   You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

10.2       We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

10.2.1   Suspend, whether temporarily or permanently, your right to access Our Site;

10.2.2   Issue you with a written warning;

10.2.3   Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

10.2.4   Take further legal action against you as appropriate;

10.2.5   Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

10.2.6   Any other actions which We deem reasonably appropriate (and lawful).

10.3       We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

11.          Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from www.exile-medics.com/website-tcs.  These policies are incorporated into these Terms and Conditions by this reference.

12.          Changes to these Terms and Conditions

12.1       We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

12.2       In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

13.          Contacting Us

To contact Us, please email Us at brett@exile-medics.com or using any of the methods provided on Our contact page at www.exile-medics.com.

14.          Communications from Us

14.1       If We have your contact details, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.

14.2       We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 7 business days for your new preferences to take effect.

14.3       For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at brett@exile-medics.com or via www.exile-medics.com/contact

15.          Data Protection

15.1       Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.

15.2       We may use your personal information to:

15.2.1   Reply to any communications you send to Us;

15.2.2   Send you important notices, as detailed in Clause 14;

15.3       We will not pass on your personal information to any third parties.

16.          Law and Jurisdiction

16.1       These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

16.2       If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

16.3       If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Privacy Policy

BACKGROUND:

Exile Medics Ltd. understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.

This Policy applies to Our use of any and all data collected by us in relation to your use of Our Site. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.

 

1.             Definitions and Interpretation

1.1          In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and

“We/Us/Our”

means Exile Medics Ltd, a company registered in England under 08340775, whose registered address is 185 Coldharbour Road, Bristol BS6 7SX and whose main trading address is 185 Coldharbour Road, Bristol BS6 7SX.

2.             Information About Us

2.1          Our Site, www.exile-medics.com, is owned and operated by Exile Medics Ltd, a limited company registered in England under 08340775, whose registered address is 185 Coldharbour Road, Bristol BS6 7SX of 185 Coldharbour Road, Bristol BS6 7SX.

3.             Scope – What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site. It does not extend to any websites that are linked to from Our Site (whether We provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.

4.             Data Collected

Some data will be collected automatically by Our Site, other data will only be collected if you voluntarily submit it. Depending upon your use of Our Site, We may collect some or all of the following data:

4.1          name;

4.2          date of birth;

4.3          gender;

4.4          business/company name

4.5          job title;

4.6          profession;

4.7          contact information such as email addresses and telephone numbers;

4.8          demographic information such as post code, preferences and interests;

4.9          financial information such as credit / debit card numbers;

4.10       IP address (automatically collected);

4.11       web browser type and version (automatically collected);

4.12       operating system (automatically collected);

4.13       a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to (automatically collected);

5.             How Do We Use Your Data?

5.1          All personal data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see section 6, below.

5.2          We use your data to provide the best possible products and services to you. This includes:

5.2.1      Supplying Our products and services to you;

5.2.2      Personalising and tailoring Our products and services for you;

5.2.3      Responding to communications from you;

5.2.4      Supplying you with email e.g. Newsletter that you have subscribed to (you may unsubscribe or opt-out at any time by emailing brett@exile-medics.com.

5.2.5      Market research;

5.3           With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and telephone and text message and post with information, news and offers on Our products and services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.

6.             How and Where Do We Store Your Data?

6.1          We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it.

6.2          Some or all of your data may be stored or transferred outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the Data Protection Act 1998. Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Model Contractual Arrangements. If We intend at any time to transfer any of your data outside the EEA, We will always obtain your consent beforehand.

6.3          Data security is of great importance to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.

6.4          Steps We take to secure and protect your data include:

6.4.1      AES 256 data encryption

6.4.2      SSL data transmission online

6.5          Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.

7.             Do We Share Your Data?

7.1          We may share your data with other companies in Our group in future.

7.2          We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.

7.3          In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.

8.             What Happens If Our Business Changes Hands?

8.1          We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us.

8.2          In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.

9.             How Can You Control Your Data?

9.1          When you submit information via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details).

9.2          You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

10.          Your Right to Withhold Information

You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.

11.          How Can You Access Your Data?

You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held) on payment of a small fee which will not exceed £10. Please contact Us for more details at brett@exile-medics.com, or using the contact details below in section 12.

12.          Contacting Us

If you have any questions about Our Site or this Privacy Policy, please contact Us by email at brett@exile-medics.com, or by post at 185 Coldharbour Road, Bristol BS6 7SX. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11, above).

13.          Changes to Our Privacy Policy

We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

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