Terms & Conditions

These are the terms and conditions on which you may access our website www.drharristraining.co.uk (the “Site”) including the online training materials (the “Training Materials”) that we make available for viewing via the Site.

You are not permitted to view any Training Materials unless you have a valid and continuing Subscription in your name.

  1. Who we are and how to contact us

The Site is operated by Dr Steven Harris Ltd (“We”). We are a limited company incorporated under the laws of England and our registered office address is 110 Chandos Avenue Whetstone, London, United Kingdom, N20 9DZ. Our VAT number is 249478752.

To contact us, please email info@harrisclinic.co.uk or call us on 03333350518.

If we need to contact you we will do so on the telephone number or at the email address or postal address you provided to us when you registered with the Site or placed an order to view the Training Materials.

  1. By accessing the Site or ordering a subscription to view the Training Materials you accept these terms

By accessing the Site, you will be using our website service (the “Service”).  There is a contract between us on the terms and conditions set out below (the “Terms”) which governs your use of the Service.

You may also use the Site to order a twelve-month subscription to view Training Materials (a “Subscription”).  If we accept your order then a separate, second contract will be created, also on these Terms, which governs that order and your Subscription.  That contract will start on the date that we accept your order and end the day before the first anniversary of that date.  Each time you take out a further Subscription, a new contract will be created rather than the existing contract extended.

Whether you’re only using the Service or also ordering a Subscription, you agree to be bound by the Terms.

Please read these Terms carefully before continuing to access the Site or ordering a Subscription.  They tell you who we are, how you may use the Site (including to order a Subscription), how we will enable you to view the Training Materials, the restrictions that apply to your use of the Training Materials, how you and we may change or end the contracts, what to do if there is a problem and other important information. If you think that there is a mistake in the Terms, please contact us to discuss.

If you do not agree to all of the Terms, then immediately stop accessing the Site and do not order a Subscription.

If you are a business customer (and you must be a business customer to order a Subscription) then these Terms constitute the entire agreement between us in relation to your use of the Service, any order you might place for a Subscription and your subsequent viewing of Training Materials. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these Terms.  Nothing in this paragraph shall limit or exclude our liability for fraud or fraudulent misrepresentation.

  1. Creating a contract to view Training Materials

You must have a user account on our Site before you can order a Subscription.  In order to obtain a user account you must complete the account registration form on our Site.  We will rely on the information you provide when completing the form and you must ensure that it is wholly accurate and truthful.  Once we receive the completed form, we will review it and decide, at our sole discretion, whether or not to accept your registration and open a user account for you.

Our Training Materials are not suitable or intended for viewing by members of the general public or by consumers.  They are for professionals seeking to develop their skills only.  They are only to be viewed or used by healthcare professionals with appropriate qualifications who are registered with a regulatory body and fully insured. We will not accept your registration if you are not all of these things.  However we reserve the right, at our sole discretion, to reject your application to open a user account without disclosing the reasons for such rejection.

By placing an order for a Subscription, you will be offering to view the Training Materials on these Terms and at the price shown on the Site.  If we email you to tell you that we accept your order, only at that point will a contract for viewing the Training Materials come into existence.  Each time we accept an order for a Subscription, we will create a new contract for viewing the Training Materials.

We reserve the right to refuse an order you try to place with us.  Reasons might include that we have identified an error in the price of the Subscription or the description of the Training Materials.

We may prohibit orders and/or deactivate your user account if we suspect that the information you provided when completing our account registration form was not wholly accurate and truthful or if we suspect that you have breached any of these Terms or that you are likely to do so.

  1. We may make changes to these Terms

We amend these Terms from time to time. It is particularly important that, every time you wish to order a Subscription, you check this page to see the Terms that will apply. These terms were most recently updated in December 2020.

  1. Telling you about changes

We may make corrections, changes and updates to the Site (including to descriptions of Training Materials, pricing, promotions or offers) at any time and without giving you prior notice.  If we are unwilling to accept your order for a Subscription, we will inform you of this as soon as we reasonably can.  Even if we have accepted your order, we may make corrections where reasonable for us to do so (for example, where an obvious error was made to the pricing or duration of a Subscription) by giving you reasonable notice.  We will attempt to notify you by contacting the e-mail address, billing address and/or phone number provided at the time the order was made.

  1. Your use of the Site

You must not share your user account login details with anyone else.  You will be responsible for the activities on the Site of whoever is logged in to your user account.  If you know or suspect that someone else knows your login details, you must tell us straight away.

We own all of the intellectual property rights in the Site.  At no time will you own a copy of the Site or of any of the content to be found on it.

You are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any regulations, rules, laws, local ordinances or the rules of any professional body to which you belong; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the normal operation of the Internet.

You are responsible for configuring your information technology, computer programmes and platform to access the Site. We do not promise that the Site will be free from bugs or viruses and you should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. 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 and you must not help or encourage anyone else to do so. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. If you breach the provisions in this paragraph, you will 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. In the event of such a breach, your right to use the Site (and access the Training Materials, if you have a Subscription) will cease immediately.

If, at our request, you send certain specific submissions (for example feedback on the Training Materials) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms.

You must not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments you leave on the Site. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.  You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the author of content on the Site must always be acknowledged.

You must not use any part of the content on the Site for commercial purposes without obtaining a licence from us to do so.

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, at our option, return or destroy any copies of the materials you have made.

  1. Limitations applying to the Site and the Service

If you have a valid and ongoing Subscription, we will use reasonable care and skill to make the Training Materials available for you to view via the Site at all times (although we do not promise that the Site, the Training Materials or any other content on it, will be available at all times or that your access will never be interrupted).  Except to that limited extent, the Site and the Service are made available to you free of charge on an “as is” basis without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Although we make reasonable efforts to update the information on the Site, we do not represent or warrant that the content on the Site is accurate, complete or up to date.

You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and that they comply with them.

You may rely on the Site’s descriptions of the Training Materials to decide if you will order a Subscription but, if they do not meet their descriptions, you accept that your only remedies shall be those set out in the section headed “If there is a problem with the Training Materials” below.  Otherwise, you should not rely on the content displayed on the Site or make any decisions based on it and you must obtain professional or specialist advice before taking, or refraining from, any action based on the content on the Site.

  1. We are not responsible for any websites to which we link

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

  1. Rules about linking to the Site

You may link to the home page of our Site (but not to other pages or resources), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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 to the Site in any website that is not owned by you. Our site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on the Site other than that set out above, please contact info@harrisclinic.co.uk

  1. Paying for a Subscription

The price of your Subscription (including VAT) will be as indicated on the Site’s ordering pages when you place your order.

We accept payment  credit or debit cards accepted by our payment processor, Visa, Mastercard and Maestro.  Unless we have expressly agreed in writing that you may pay on receipt of an invoice, we will require full payment for your Subscription in advance before we allow you to view the Training Materials.

  1. No right to change your mind

Please read carefully the descriptions of the Training Materials provided on the Site before ordering a Subscription.  We do not promise that they will meet your specific requirements and, if you order a Subscription by mistake, we will not refund you.

You do not have the right to change your mind after placing an order for a Subscription.

  1. We may make changes to the Training Materials

We may change the Training Materials from time to time at our discretion:

(a) to reflect changes in relevant laws or regulatory requirements or good medical practice;

(b) to make improvements; or

(c) to deal with technical problems or make minor technical changes.

  1. Your rights to use the Training Materials

Provided that you pay the Subscription fee and comply in full with your obligations under these Terms, we will make available the Training Materials for you to view until your Subscription expires or either you or we bring the contract to an end (whichever comes first). We will grant you a non-exclusive licence to view the Training Materials for that period only and to use the knowhow described in them to treat your patients or clients.

We own all of the rights in the Training Materials and they incorporate our confidential information.  At no time will you own a copy of the Training Materials or any of the rights in them.  Your licence to view and use the Training Materials only allows you to stream the digital content from our Site for your own use in treating your patients or clients.

You must not:

(a)  download or make a copy of the Training Materials;

(b)  create any works based on the Training Materials;

(c)  allow anyone else to view the Training Materials;

(d)  disclose confidential information from them to anyone else (except by using the knowhow described in the Training Materials to treat your patients or clients); or

(e)  resell, rent, sub-license or (except by using the knowhow described in the Training Materials to treat your patients or clients) otherwise commercially exploit the Training Materials or your Subscription.

  1. Digital Rights Management

We may use technological measures to protect the Training Materials from unauthorised copying or other types of misuse.  You must not circumvent those technological measures nor try to do so.

We may use electronic rights management information to identify copies of Training Materials that were created by someone logged in to your user account and the date of their creation.  You must not remove or alter that information nor try to do so.  You agree to be responsible for the creation of copies of the Training Materials and for any sharing of Training Materials that we identify as having been created or shared by someone logged in to your user account.

  1. If there is a problem with the Training Materials

We warrant that:

(a)  the Training Materials shall conform in all material respects with their description and be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

(b)  viewing the Training Materials and using the knowhow described in them in accordance with these Terms will not infringe the rights of a third party.

We exclude all implied conditions, warranties, representations or other terms that may apply to the contracts between us.

If the Training Materials do not comply with the warranty above then we shall, at our option, either correct the cause of the non-compliance or refund a fair proportion of the price paid considering the severity of the non-compliance.

Except as provided above, we shall have no liability to you in respect of our failure to comply with the warranty.

  1. Suspending your access to the Training Materials

We may suspend your access to the Training Materials if you are in breach of these Terms.  This will not affect any other remedies that we might have.

We may (at our absolute discretion) permit you to pay for some or all of a Subscription on receipt of an invoice instead of in advance.  If you do not pay the full amount owed to us within [insert number] days of the date of the invoice, then we may suspend your access to the Training Materials until you have paid us the outstanding amounts.  We will not suspend your access to the Training Materials where there is a genuine dispute over the unpaid invoice.  As well as suspending your access to the Training Materials we can also charge you interest on your overdue payments.

  1. Our right to bring the contract to an end

We may bring the contract to an end immediately by providing written notice if:

(a)  you have breached any of its terms and the breach is incurable or it is curable but you fail to cure it within 7 days;

(b)  we discover that you have breached the terms of a contract by providing us with inaccurate or untrue information when completing the account registration form;

(c)  we discover that you have used the Site or the Training Materials in a way that is not permitted; or

(d)  we agreed to let you pay for all or part of your Subscription on receipt of an invoice but you become insolvent, make (other than for the purpose of an amalgamation or reconstruction while solvent) a general assignment for the benefit of, or enter into any arrangement with, your creditors, file a voluntary petition (other than for the purpose of an amalgamation or reconstruction while solvent) under any bankruptcy, insolvency, or similar law, or have proceedings under any such laws or proceedings seeking appointment of a receiver, trustee or liquidator instituted against you that are not discharged or stayed within 21 days.

You must compensate us if you breach the terms of the contract. If we bring the contract to an end for any of the reasons set out in the previous section, you should not expect to receive a refund for the period of the Subscription after the contract has ended.  If the damage we suffer due to your breach is greater than the value of the remaining term of the Subscription then we may bring a claim against you for the difference.

  1. Your right to bring the contract to an end

You may bring the contract to an end immediately by providing written notice if we have breached any of its terms and the breach is incurable or it is curable but we fail to cure it within 7 days.

 

  1. Effect of bringing the contract to an end:

If the contract comes to an end for any reason (including a contract for a Subscription where that Subscription expires):

 

(a)  all rights granted to you under the contract will immediately cease;

 

(b)  you must cease all use of the Training Materials;

 

(c)  you must immediately pay to us any sums due to us under the contract; and

 

(d)  where the contract was solely for provision of the Service, you must immediately cease all use of the Site and either destroy or return to us (at our option) all copies of the Site then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

 

  1. Our liability for loss or damage that you suffer

You acknowledge and accept that the Training Materials describe knowhow that may not be suitable for application to your patients and clients on every occasion.  Each and every time you prepare to treat a patient or client, you must exercise your professional skill and judgement regarding the suitability of that knowhow and, if you decide to apply it, advise your patient or client of the associated risks prior to treatment.  You acknowledge and accept that even if you do exercise your professional skill and judgement, there is a risk that inefficacy, side effects, complications or other adverse issues may be experienced by your patients or clients as a result of your application of the knowhow which could not reasonably have been avoided.  You agree that we will not be responsible or liable for inefficacy, side effects, complications or other adverse issues experienced by your patients or clients and that responsibility and liability for the decision to apply the knowhow during treatment resides with you alone.

Nothing in these terms shall limit or exclude our liability for:

(a)  death or personal injury caused by our negligence;

(b)  fraud or fraudulent misrepresentation;

(c)  breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(d)  any matter in respect of which it would be unlawful for us to exclude or restrict liability.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a)  use of, or inability to use, the Site (unless you have a valid and ongoing Subscription); or

(b)  use of or reliance on any content (including the Training Materials) displayed on or accessed via the Site.

We will not be liable for:

(a)  loss of profits, sales, business, or revenue;

(b)  business interruption;

(c)  loss of anticipated savings;

(d)  wasted expenditure;

(e)  harm to goodwill or reputation;

(f)  ex gratia payments made to third parties; or

(g)  any indirect or consequential loss or damage.

Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by you under such contract.

Except to the extent expressly stated above all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

We will not be liable if the Service or the Training Materials are unavailable due to events beyond our reasonable control (for example, where the Site’s hosting provider suffers an outage).

  1. How we may use your personal information

We will only use your personal information as set out in our privacy policy located at https://drharristraining.co.uk/privacy-policy/

  1. Other important terms

You agree to provide current, complete and accurate account and payment information for all orders made through the Site, including credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You agree to indemnify us, defend us and hold us harmless and do the same for our officers, directors, agents, contractors, licensors and service providers, from any third party claim or demand and any corresponding damages or costs (including reasonable legal fees) arising out of or in connection with: (i) your use of the Training Materials or your application of the knowhow they describe; (ii) your breach of these Terms; or (iii) your violation of any law or rules of any professional body; or (iv) your infringement of the rights of a third party.

We may transfer our rights and/or obligations under these terms to another organisation and you agree to execute any reasonable documentation we might prepare in order to do this.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

This contract is between you and us and nobody else shall have any rights under it.  No other person shall be entitled to enforce any of its terms.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if your payment is interrupted or declined but we do not object and allow you to view the Training Materials, then we can still require you to make the full payment at a later date.

  1. Which country’s laws apply to any disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. If you are a business customer then we both agree to the exclusive jurisdiction of the courts of England and Wales.  If you are a consumer solely using the Service then we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.