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Terms of use/business for surgeons signing up to selectyoursurgeon.com


  1. SelectmySurgeon

    1. This website is owned and operated by SelectmySurgeon Limited, a company registered in England and Wales under company number 06264217 and with a registered office at 67 Longworth Avenue, Cambridge, Cambridgeshire, CB4 1GU (“SMS”).

    2. Following submission of your details through this website, SMS will review your application in accordance with these terms of use to determine whether to accept your application. SMS may contact you in accordance with clause 8 below with questions about your application, in which case you shall respond promptly and accurately to such questions.

    3. SMS may in its sole discretion refuse to accept any application to SMS through this website for any reason whatsoever, without any obligation to provide reasons.

    4. If SMS accepts your application, it will make your details available on this website in accordance with these terms of use (the “SMS Services”).

  2. DISCLAIMERS AND LIMITATION OF LIABILITY

    1. SMS will use reasonable endeavours to provide the SMS Services and to maintain the availability of this website. However, this website and the SMS Services are otherwise provided on an "as is" and an "as available" basis without any representation or endorsement and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, completeness and accuracy.

    2. SMS makes no warranty that access to and/or use of this website and/or the SMS Services will be uninterrupted or error-free, that defects will be corrected or that this website and/or the SMS Services or the server that makes them available are free of viruses or anything else harmful or destructive.

    3. If you demonstrate to SMS’s reasonable satisfaction that SMS has failed to provide the SMS Service in accordance with clause 2.1 above, you will be entitled to a refund of the fees paid under these terms of use to the extent of such a failure. Otherwise, to the extent permitted by law, SMS excludes all liability for any loss or damage resulting from or arising out of or in connection with the SMS Services or the availability of this website or any other website linked to this website.

    4. Nothing in these terms of use shall be construed so as to exclude or limit SMS’s liability for death or personal injury as a result of its negligence.

  3. Payment

    1. If SMS accepts your application, you will pay to SMS the fees in accordance with the payment details set out on this website when you sign up for the SMS Services. SMS will take payment of such fees using the credit card details you input when signing up for the SMS Services.

    2. If you fail to pay any amount payable under these terms of use by the due date for payment SMS shall be entitled to:

      1. immediately suspend the SMS Services and remove your details from this website; and

      2. charge interest on all sums outstanding, from the due date for payment up to the date of actual payment, after as well as before judgment, at the rate of 5 per cent per annum above the base rate for the time being of the Bank of England. Such interest shall accrue on a daily basis and be compounded monthly.

  4. YOUR obligations

    1. You agree not to use the website or the SMS Services for any purpose that is unlawful or prohibited by these terms of use or in a way that disrupts or restricts the use of this website or the SMS Services by any other person, and not to upload, display or transmit any materials through the website that are offensive, defamatory, threatening, obscene, unlawful or that infringe the rights of any other person.

    2. You agree that you will:

      1. ensure that any details supplied to you to SMS are accurate and to advise SMS if such details change;

      2. not attempt to transmit through this website anything that contains a virus, worm, trojan or other harmful component;

      3. keep all your details on this website accurate and up to date and promptly comply with any request by SMS to confirm that your details are accurate or provide SMS with any necessary changes;

      4. keep confidential and not disclose to any other person or allow any other person to use the user name and/or password you were supplied with to access this website; and

      5. be responsible for any loss or damage resulting from the use of the user name and/or password by any other person.

  5. Intellectual Property

    1. All copyright, trade marks and all other intellectual property rights in this website (including without limitation the design, text and graphics of this website, all software and source codes connected with this website and any algorithms used by this website) (the “Website Contents”) and the SMS Services are owned by or licensed to SMS.

    2. You agree that you will:

      1. access and use the Website Contents solely for your personal, non-commercial use provided that no trade mark, copyright or other proprietary notices contained in or appearing on the Website Contents are removed in whole or in part;

      2. not download, copy, reproduce, transmit, store, sell or distribute any of the Website Contents without the prior written consent of SMS;

      3. not reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of this website; and/or

      4. not change, modify, delete or misuse data contained in the Website.

  6. Warranties

    1. You warrant and represent that:

      1. you own all the intellectual property rights in any materials and other information that you submit to SMS, whether through this website or otherwise;

      2. all the details and other information that you submit to this website (including but not limited to any such information relating to your professional qualifications, your contact details, your age and the operations that you have carried out within the last 12 months) are complete and accurate;

      3. you are registered with the General Medical Council to practise medicine in the UK;

      4. you have held a commission on the National Health Service within the last three years;

      5. you have not been subject to any disciplinary or other proceedings in relation to practising medicine within the last three years;

      6. save as expressly disclosed to SMS, you have not received or been the subject of any complaint relating to practising medicine within the last three years; and

      7. you are authorised and entitled to agree to these terms, to submit your details to this website, and that the submission of your details and your use of the SMS Services do not breach any laws or regulations.

    2. Except as expressly set out in these terms of use, all warranties, undertakings, conditions and terms, express or implied, whether by common law, statute, custom, trade usage, course of dealings or otherwise (including without limitation about quality, fitness for purpose, or performance) in respect of the Services are excluded to the fullest extent permitted by law.

  7. Termination

    1. Unless terminated by SMS in accordance with clause 7.2 below, the agreement between you and SMS under these terms of use will commence when you confirm your agreement to these terms of use and continue for one year. After this year, you may request that SMS continues to provide the SMS Services in accordance with the notification you will receive from SMS. If you do not make such a request or SMS does not agree to continue to provide the SMS Services then your agreement will expire on the anniversary of the date you confirm your agreement to these terms of use.

    2. SMS may terminate the agreement between you and SMS under these terms with immediate effect if:

      1. you commit a material breach of these terms of use that in the case of a breach capable of remedy has not remedied within 30 days of the receipt of a notice from the SMS identifying the breach and requiring its remedy; or

      2. you are declared bankrupt; or

      3. you are unable to pay your debts or cease for any reason to carry on business or take or suffer any similar or analogous action in consequence of debt that in the opinion of SMS means that you may be unable to pay your debts.

    3. Upon the termination of these terms of use for whatever reason you agree to pay to SMS all outstanding amounts owed to SMS under these terms of use.

  8. Data protection

    1. SMS is the data controller of any personal information that you submit through this website and to the SMS Service and is committed to protecting your privacy and maintaining the security of any personal information received from you.

    2. By submitting your personal information, you consent to SMS’s use of the information as set out in these terms of use.

    3. SMS will use your information to administer its relationship with you, process payments made under these terms of use, and operate the SMS Service. In particular, SMS may publish any information you provide to SMS on this website, which may be accessed by members of the public.

    4. SMS may also from time to time contact you by mail, telephone, or email to notify you about changes to this website and the SMS Services and provide other information that may be of interest to you. SMS will give you an opportunity to choose not to receive marketing information before you submit your personal information. You can tell us to stop sending you marketing information at any time by contacting SMS.

    5. SMS may disclose your information to its agents and service providers for these purposes. SMS may also disclose the information you provide to SMS through this website or otherwise to its advisory panel to review your application.

    6. Visitors to this website (including patients) may from time to time submit feedback about you to SMS, which may include comments about and ratings of your professional abilities and the customer service you provide. Such feedback may be published on this website and consequently be accessible to other users. SMS has no control over such feedback and accepts no responsibility for it. If you feel that any feedback is inaccurate, defamatory or otherwise unlawful you should notify SMS as soon as possible.

  9. General

    1. If either party is unable to perform its duties and obligations under these terms other than any obligation to make any payment by reason of any event outside its reasonable control it shall immediately notify the other party of the nature and extent of such event. Neither party shall be deemed to be in breach of these terms, or otherwise be liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations under these terms of use other than any obligation to make payment for the SMS Services, to the extent that such delay or non-performance is due to any such event of which it has notified the other party; and the time for performance of that obligation shall be extended accordingly. As soon as such an event ceases to exist, the party relying upon it shall notify the other party in writing.

    2. You may not assign, transfer, sub-contract or in any other manner make over to any third party the benefit and/or burden of these terms of use without the prior written consent of SMS.

    3. The failure or delay of SMS to exercise or enforce any right under these terms of use will not operate as a waiver of that right or preclude the exercise or enforcement of it at any time or times thereafter.

    4. These terms of use constitute the entire understanding between you and SMS with respect to the subject matter of these terms of use and supersede and replace all prior agreements, negotiations and discussions between you and SMS. You confirm and acknowledge that you have not been induced to agree to these terms of use by any representation, warranty, or undertaking not expressly incorporated into them. However, nothing in these terms of use purports to exclude liability for any fraudulent statement or act.

    5. If any provision of these terms of use is held to be unlawful, invalid or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be severed from these terms of use and rendered ineffective as far as possible without modifying or affecting the legality, validity or enforceability of the remaining provisions of these terms of use which will remain in full force and effect.

    6. Nothing in these terms of use is intended to or shall operate to create a partnership or joint venture of any kind between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.

    7. These terms of use shall be governed by and construed in accordance with English law and each party hereby irrevocably submits to the non-exclusive jurisdiction of the English Courts.