Terms and Conditions of use of Website

Definitions

"Company" [The Medical House Limited and Hyperlyser Ltd whose business address is at Unit 8 Riverside Court, Don road, Sheffield, S9 2TJ and whose registered office is at 201 Newhall Road, Sheffield S9 2QJ];

"Content" means, without limitation, any information, data, text, graphics, images, designs, software, software compilations, underlying source code and any other material on the Web Site excluding Third Party Material;

"IPRs" means all existing, future or contingent intellectual property rights including but not limited to patents, trade marks, service marks, design rights (whether registrable or not), applications for any of the foregoing, copyright, database rights, domain names, know-how, confidential information, trade or business names and any other similar rights or obligations whether registrable or not in any part of the world, and shall include the right to apply for the same and the benefit of any and all licences in connection with the aforementioned;

"Third Party Material" means, without limitation, any information, data, adverts, slogans, trade marks, logos, graphics, hypertext and other computer links and any other material supplied by third parties to the Company for posting onto the Web Site;

"User" the individual, person, firm or company which enters the Web Sites;

"Web Site"HTTP://www.hyperlyser.com"
"Web Site"HTTP://www.hyperlyser.co.uk"

1. Terms and Conditions

1.1 The Company operates the Web Site which the User has entered and is using. The User accepts these Terms and Conditions by using the
Web Site.

1.2 The Company may revise the Terms and Conditions at any time and without notice at its sole discretion. Any change to the Terms and Conditions will be deemed to take effect immediately after posting onto the Web Site and will be deemed to be accepted by the User who continues to access to the Web Site. The User may print and keep a copy of the Terms and Conditions.

2. Operation of the Web Site

2.1 The User shall not be eligible for any compensation because they cannot access the Web Site or because of the failure, suspension or withdrawal of all or any part of the Content or of the Web Site. The Company may change, suspend or cancel the operation of the Web Site or any part of its Content at its sole discretion at any time and without notice.

3 Ownership

3.1 The IPRs in the Content and the Web Site, excluding Third Party Material, are the property the Company which shall retain all the rights, title and interest therein. All rights are hereby reserved.

3.2 No part of the Content or the Web Site may be reproduced by the User other than as permitted in clauses 1.2 or 4.1, in any form or by any means, including without limitation, the reproduction of or transmission to or the storage in any other web site or other form of electronic retrieval system, without the prior written consent of the Company.

3.3 At no time, shall any IPRs in the Contents or the Web Site pass to the User.

3.4 The Company shall endeavour to ensure that all product names mentioned are acknowledged as the trade marks or registered trade marks of their respective owners and that all trade marks are acknowledged.

3.5 The name "The Medical House" and its logo and all related product and service names and slogans are the trade marks of the Company and may not be used in any way by the User.

4 Users obligations

4.1 The User is permitted to reproduce one hard copy print of limited portions of the Content or to download parts of the Content as expressly authorised by the Company in writing prior to such downloading, solely for the purpose of the User’s own research or private study. Any use for commercial purposes is strictly prohibited and therefore any commercial use thereof shall constitute a breach of these Terms and Conditions.


4.2 The User shall not copy, duplicate, distribute, adapt, modify, store (in any form) or in any way reproduce the Contents or the Web Site or any part thereof or knowingly permit the same without the Company’s and/or the respective copyright owners’ prior written consent.


4.3 The User shall not be permitted to incorporate any of the Web Site or Content or any parts of the same in any other work or publication, whether in hard copy or electronic or any other form.


4.4 The Content published on the Web Site is for information purposes only and it is the responsibility of the User to identify and confirm the accuracy and suitability of the Content for whatever purpose the User requires or wishes to use the Content.


4.5 The User will indemnify the Company in full and hold the Company harmless against all claims, liabilities, losses, damages and expenses arising out of or incurred by the Company as the result of any breach of these Terms and Conditions by the User and any claims made against the Company as a result of the use by the User of the Web Site, the Content, the Third Party Materials or any part thereof for whatever purpose.


4.6 The User shall be liable for any material that the User posts onto the Web Site ("User Material"). Accordingly, the User shall indemnify the Company in respect of any claims or actions which arise from the User Material, including without limitation, claims that the User Material is defamatory, blasphemous, obscene, infringes third party intellectual property rights or is otherwise actionable under the law of any jurisdiction.


4.7 The Company retains the right to review, edit or delete or remove from the Web Site, at its sole discretion, any User Material which the Company deems to be illegal, offensive or otherwise inappropriate.

5 Disclaimer

5.1 The Company does not warrant that the Content, the Third Party Materials or the Web Site are appropriate for use by the User and accordingly does not warrant the accuracy, timeliness, completeness or interpretation of any of the Content and does not accept any liability for any errors or omissions in connection thereof.


5.2 The Web Site is for information purposes only. The Content is presented in summary form only and is only intended to provide basic consumer knowledge and an overview of medical and healthcare subjects. The Web Site is not intended to replace the necessity of medical advice and the User should contact the appropriate health care provider and/ore general physician for medical advice as applicable.

5.3 The Company does not warrant that the Web Site will be uninterrupted, without delay, error-free, omission-free or free from viruses.

5.4 All conditions, warranties and obligations implied by statute, common law or otherwise and any liabilities arising therefrom are excluded to the fullest extent permissible by law.

5.5 Except in respect of death or personal injury caused by the Company’s negligence (to which no limit applies), the Company shall not be liable to the User for any loss, damage, costs, expenses howsoever arising:

5.5.1 for any representation (unless fraudulent) or any implied warranty, condition or other term; or

5.5.2 under any duty at common law; or

5.5.3 for any indirect, special, incidental, punitive, exemplary or consequential loss, loss of profit, loss of business opportunity, loss of business use or business data or infringement of third party intellectual property rights;
which arise out of or is in connection with the Content of the Web Site, the provision of the Web Site or its use by the User.

5.6 The Company expressly excludes all responsibility and shall not be liable in respect of any Third Party Material posted onto the Web Site and any material outside of the Web Site which may be accessed through hypertext or other computer "links" put on the Web Site. The User acknowledges that it shall view the Third Party Material and/or access these links at the User’s own risk.

6. Data Protection


The confidentiality of the User information is of paramount importance to the Company. The Company urges the User not to send confidential details or financial information via e-mail unless specifically requested to do so by the Company.

7 General

7.1 These Terms and Conditions constitute the entire agreement between the parties in relation to the use of the Web Site and supersedes any previous agreement or understanding between the parties.

7.2 These Terms and Conditions may not be varied except in writing and as agreed between the parties.

7.3 All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

7.4 Any notice required or permitted to be given by the User to the Company under these Terms and Conditions shall be in writing addressed to the Company at its registered office or principal place of business. [Any notice required or permitted to be given by the Company to the User under these Terms and Conditions shall be in writing addressed to the User at its address supplied on its registration form.]

7.5 No failure or delay by either party in exercising any of its rights under the Terms and Conditions shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Terms and Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.



7.6 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

7.7 These Terms and Conditions shall be construed and governed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts. The contents of the Web Site is designed to comply with English law. You may be viewing the Web Site in a market in which we do not commonly sell our goods or services. We cannot be held responsible for non-compliance with any local advertising laws in relation to the Content or the Web Site.


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