Terms & Conditions
Last Updated: 16th July 2020
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Student”, “Customer”, “You” and “Your” refers to you, the person accessing the website and course and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Medlearn registered in England and Wales under Number 12485843 with its registered office at 5 Ridley road, Oxford, OX4 2QJ. “Party” and “Parties” refers to both the Student and ourselves, or either the Student or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Student in the most appropriate manner for the express purpose of meeting the Student’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law.
These Terms and Conditions form part of the Agreement between the Student and Ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance of, the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
General
The laws of England and Wales govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company. Privacy Statement We are committed to protecting your privacy and is committed to protecting your
personal data. Please find our privacy and cookie policy here which will inform you as to
how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. Confidentiality
We are registered under the Data Protection Act 1998 and as such, any information concerning the Student and their respective Student Records may be passed to third parties. However, Student records are regarded as confidential and therefore will not be divulged to any third party, other than professional bodies such as the General Medical Council if legally required to do so. Students have the right to request sight of, and copies of any and all of their Student Records which we keep, on the proviso that we are given reasonable notice of such a request. Students are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Students with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Payment Terms
We accept bank transfer and all major debit and credit cards as acceptable methods of payment. All due payments must be received in full prior to the commencement of training. Where a course includes a qualification, student registration fees, first-attempt examination fees and first-attempt moderation fees due to the awarding body are included in the course price and paid by Medlearn unless stated otherwise. Resits may incur additional fees.
Instalment Plans & Credit Agreements
Payment under our instalment plans must be made in full on the due date. Monies that remain outstanding on the due date will incur a late payment administration charge of £25 per calendar month, until such time as the balance is paid in full and final settlement. In the event that any monthly instalments are not received, you will remain responsible for any outstanding balances due unless advised otherwise by Medlearn. We reserve the right to seek recovery of any monies remaining unpaid after the due date. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. In the event that payment falls more than one month overdue Medlearn Ltd reserves the right to pursue the entire outstanding balance of your course.
Cancellations, Amendments & Refunds
Course purchases Unless specifically stated on booking materials, the deadline to receive a full refund for your booking is 14 calendar days before the first or only day of training. Any cancellations received after this deadline will not be eligible for a refund or rescheduling unless stated explicitly below.
Availability Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site.
The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best of our ability. By using this service you thereby agree to indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Links to this website You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website Links are provided for your convenience, and inclusion of any link does not imply endorsement or approval by us of the linked website. We do not monitor or review the content of other party’s websites which are linked from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. The Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Complaints or Contact Us Information on how to reach us can be found on our Contact Us page. If you have any suggestions, comments or complaints and wish to contact us, please do so by writing to us at [email protected].
Trademarks & Intellectual Property(IP) Rights
The trademarks and logos which are displayed on our learning materials are the trademarks of Medlearn or its partners. Any use of Medlearn trademarks or other trademarks displayed on our learning materials is strictly prohibited without our express written consent.
Copyright and other relevant intellectual property rights exist in all text relating to the Company’s services and the full content of this website. You agree not to adapt, alter or create any derivative work from any of the material contained in the websites or to use the material for any purpose other than your personal, non-commercial use. None of the content of the websites and training materials may be copied or otherwise incorporated into or saved in any other website, electronic retrieval system, publication, or any other work in any form (whether hard copy, electronic, or other). For the avoidance of doubt, the framing of this site or any part of it is not permitted without our express written permission. Any requests for permission to use our images or other use of our intellectual property not authorised by these Terms and Conditions should be made to [email protected]
Force Majeure Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control (together “Force Majeure”), which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Events Beyond Our Reasonable Control To the fullest extent permitted by law we will not be held responsible for any delay or failure to comply with our obligations under these conditions if such delay or failure arises from any cause which is beyond our reasonable control including reasons of Force Majeure. This provision does not affect your statutory rights.
Waiver No waiver of any of the provisions of these Terms and Conditions or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Disclaimer Our learning materials and all information contained on them are provided on an “as is” basis and are intended for medical professionals. It is provided without warranty of any kind, express or implied.
We rely on both academic and industry sources to confirm the accuracy of the information presented and therefore we as the publisher and our editors and presenters cannot guarantee its accuracy. Delegates should be aware that professionals in the field may have different opinions. Because of this fact and also because of regular advances in medical research, we strongly recommend that readers independently verify facts. Ultimately it is the student’s responsibility to make their own professional judgements.
Description or reference to a product or publication does not imply endorsement of that product or publication, unless it is owned by Medlearn and in which case is subject to the relevant disclaimers.
To the fullest extent permitted by law, Medlearn and its staff are not responsible for any losses, injury or damage caused to any person or property (including under contract, by negligence, product liability or otherwise) whether they be direct or indirect, special, incidental or consequential, resulting from the application of the information given during training or from the application of the information on this website. To the fullest extent permitted by law, we will not be liable for any direct or indirect or consequential losses (including loss of profit, revenue, anticipated savings or wasted expenditure) other than when your booking cannot be fulfilled, following the conclusion of a binding contract and in which case Medlearn shall be liable only for the fees paid for the booking.
Notification of Changes The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the website will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis. If any of these conditions are deemed invalid, void or unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any other condition.
Training Terms & Conditions The following policies apply to all Medlearn training services unless otherwise noted in the corresponding event materials, and should be taken in addition to the terms outlined above. Please read all individual event information thoroughly.
Bookings Right of access to all training courses provided by Medlearn is given to the person whose details were entered when booking with us and the minimum age of any applicant is 19 years of age. When booking for others, their details must be entered at the registration stage. You accept responsibility for all activities that occur under a booking in your name. Students must be fluent in English to attend a practical placement or assessment.
Code of Conduct All students must abide by the Medlearn Code of Conduct. This can be found within the Medlearn Student Handbook which is provided upon booking of a training course. We reserve the right to cancel further training if a Student fails to abide by the Code of
Conduct
Training Requirements We reserve the right to decline a Student’s application should they fail their professional registration or qualification check. The Student will be entitled to a full refund minus a £50 administration fee.
It is intended that Students on certain courses will be able to examine live patients, however, this is at the trainer’s clinical discretion on the day. Medlearn and associated 3rd parties involved with the session reserve the right to refuse attendance, or remove a Student from the workshop at any point without notice should they fail to adhere to our Code of Conduct. A refund will be refused if you do not meet the eligibility criteria or are removed from a session.
In order to administer treatments/undertake examinations on some training sessions, Students may be required to sit, in advance of attendance, a knowledge exam based on supplied pre-learning materials. In the event of a failure to pass a prerequisite theory examination in advance of a training course, the student can still attend the practical training day, however only in an observation capacity.
Training Session Patients For training sessions where the Student is responsible for sourcing a suitable patient, suitability guidelines will be provided by Medlearn at the time of Order Confirmation.
If on arrival to the clinic for the training session the patient is deemed inappropriate by the Medlearn Trainer, the training may be canceled. No refund shall be due in this scenario.
If the student cannot find a patient then Medlearn can provide one for a finders fee provided 72 hours notice is provided before the session. Follow-up appointments are the responsibility of the Student.
Appraisals & Revalidation Services The Student is responsible for ensuring that they meet and maintain the criteria necessary to use our Appraisal & Revalidation services. These are made available at the time of subscribing to our services. Should a student become ineligible no refund will be made for any amounts of money paid up to that point.
Cancellations, Amendments & Refunds Course purchases are non-refundable once a student has been accepted onto a course and paid a deposit. Booking of events included as part of a Course is subject to the booking Terms & Conditions of that event. Course cancelations and refunds are solely at the discretion of Medlearn and are assessed on a case-by-case basis.
We understand that sometimes plans change and you may need to change your training bookings. Please see below our Terms & Conditions for how we handle cancellations and amendments for event bookings. (a) Booking Cancellation by Student Unless specifically stated on booking materials, the deadline to receive a full refund for your booking is 14 calendar days before the first or only day of training. Any cancellations received after this deadline will not be eligible for a refund or rescheduling unless stated explicitly below.
Cancellations will be accepted in writing only to contact@medlearn.com and must be
received by the stated cancellation deadlines. All credit card refund requests must be made by the credit cardholder. Refund requests must include the name of the attendee and/or transaction number. Refunds will only be credited back to the original payment method. Workshops (including Foundation Days) If rescheduling is requested with at least 14 calendar days notice, no additional fee shall apply. If rescheduling is requested with less than 14 calendar days notice, a fee of 25% of the training fee shall apply to make the change. If rescheduling is requested with less than 7 calendar days notice, no refund shall be given. If the booking was part of a Course, it will be lost and need to be repurchased. 1:1 Training Sessions If rescheduling is requested with at least 7 calendar days notice, no additional fee shall apply. If rescheduling is requested with less than 7 calendar days notice, no refund shall be given. If the booking was part of a Course, it will be lost and need to be repurchased. OSCE Examinations OSCE examinations are non-refundable after the time booking. If you for any reason are unable to attend your nominated examination session, you will be liable for the full cost of resitting the OSCE examinations.
Appraisals & Revalidation Services If rescheduling is requested with at least 14 calendar days notice, no additional fee shall apply. If rescheduling is requested with less than 14 calendar days notice, a fee of 25% of the training fee shall apply to make the change. If rescheduling is requested with less than 7 calendar days notice, no refund shall be given. (B) Attendee Substitutions A substitute may attend an event in your place at no additional charge if: (i) you give us notice in writing at least 2 working days before the training start date; (i) you include the contact details of the substitute; (ii) the substitute accepts to be bound by these terms and conditions; and (iii) the substitute meets all entry and eligibility criteria for the training.
(C) Booking Cancellation by Medlearn Medlearn reserves the right to cancel an event. If Medlearn cancels an event, registrants will be offered a full refund. Should circumstances arise that result in the cancellation or postponement of an event, the Student has the right either a full refund or to transfer the registration to a new, future date. Assessment Medlearn Assessments consist of submitted short-answer questions (SAQ’s), the completion of the required logbook cases and medical OSCE examinations. Students must be a minimum of 19 years of age to be eligible to take an assessment. Failure of the assessment component in Medlearn will result in having to re-take the examination. This may incur a cost to the student to the cover administrative fees involved. Online Learning Terms and Conditions The following terms apply to all Online Learning provided by Medlearn, and should be taken in addition to the terms outlined above. Accounts and passwords When you enter these details which are registered with us, your right of access is personal to you, for as long as we choose to allow such access. Personal accounts may not be shared, and you are responsible for preventing unauthorised access to your account. You accept responsibility for all activities that occur under your account or password. Limitation Medlearn Online Learning is intended as a means to continue professional development, and we specifically do not certificate competence to practice based solely on e-learning material. Competence cannot be assessed without practical experience and training with a reputable training provider. Refunds Our refund policy complies with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which relate to distance selling. In accordance with the above law there is a 14-day cooling off period during which time you have the right to cancel your purchase. If you decide to cancel, we will refund your payment within 30 days of your cancellation. Because of the nature of our products it is not our policy to refund for e-Learning courses once access has been made via the unique access codes. All access to our systems is governed by a unique username and password. The username and password is part of a system that protects the security of the resource and enables us to monitor usage by any individual. When a refund request is received we reserve the right to track the usage by an individual (through his/her username and password). No refund will be granted if Medlearn has reason to believe that an individual has viewed any of the course material that they purchased. Termination Medlearn can terminate your Account if you materially breach the Terms & Conditions and fail to resolve the breach within 30 days from Medlearn’s notice to you thereof. Medlearn can terminate the website immediately as part of a general shut down of services.
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