terms and conditions

TERMS OF SERVICE
 
 
GENERAL TERMS AND CONDITIONS
FOR USING THE SERVICES AVAILABLE THROUGH THE MEDIFRIES WEBSITE
 
Last Updated on 6 September 2023
 
1. ACCEPTANCE OF THE TERMS

 
Thank you for using MediFries, your comprehensive digital resource tailored for the United Kingdom Medical Licensing Assessment (“UKMLA”) exam preparation. These General Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the MediFries website at https://MediFries.com/ (the “Website”), including but not limited to delivery of information via the Website.
 
Please read these Terms carefully.
 
By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with us. Do not access or use the Website if you are unwilling or unable to be bound by the Terms.
 
You can accept the Terms by:
  • Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Website; or
  • Actually using the Services. In this case, you understand and agree that MediFries will treat your use of the Services as an acceptance of the Terms.
 2. DEFINITIONS
 
We
"We" or "us" refers to MedUKation Ltd., a commercial company, providing the Services offered through the Website.
 
 
MediFries
“MediFries” is a web-based Internet platform, owned by MedUKation Ltd, a company incorporated and existing under the laws of England and Wales with company No. at the Companies House 15085101, having its seat and registered office address at 85 Great Portland Street, London, W1W 7LT, United Kingdom, which enable users to use the Services of the Website that are the subject of these Terms of Service.
 
User
"User" or "you" or "your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, uploading information or viewing pictures and includes other persons jointly participating in using the Services, including without limitation a user having access to the User Account features of the Website for the purposes of receiving information, structure and guidance for the preparation of the UKMLA exam preparation.
 
Services
"Services" include any and all services, which MediFries may offer to the User, through the Website.
 
User Account
"User Account" is a separate part of the Website, containing User information required by MediFries during registration. The User Account is accessed by the User through entering an email and a password.
 
Content
"Content" will include (but is not limited to) classes, courses or lessons, instructions, images, photos, audio, video and all other forms of information or data.
 
Your Content
"Your Content" or "User Content" is the content, submitted by you, as a User of the Website. It includes, but is not limited to what you upload, share or transmit to, through or in connection with the Services, such as User Account information and any other materials that you publicly display or are displayed in your User Account profile.
 
MediFries Content
"MediFries" means content that MediFries creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, reports and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than MediFries or its Users and is available in or through the Services.
 
3. USING THE SERVICES

3.1. Eligibility
You hereby represent and warrant that you are at least thirteen (13) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms.
 
3.2. Compliance with the laws
You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services, as well as the laws of England and Wales. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties.
 
3.3. Website Availability
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
 

3.4. User Accounts

You must create a User Account and provide certain information about yourself in order to use (some of) the Services that are offered through the Website. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorised use of your User Account. We reserve the right to close your User Account at any time for any or no reason.

 
Depending on the type of your User Account is might be for personal or commercial use only. In creating it, we ask that you provide complete and accurate information about yourself. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbour), create or use a User Account for anyone other than yourself, or create multiple accounts. Please read our Privacy Policy for more information. Privacy and Policy
 
Users are not allowed to share their User Account details with other individuals and are unable to use multiple devices simultaneously in order to access the Website.
 
3.5. Communications from MediFries
By creating a User Account, you agree to receive certain communications in connection with the Website.
 

4. CHANGES TO THE TERMS
 
MediFries may amend, change or update these Terms of Service, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.
 
5. TRANSLATION OF THE TERMS
 
MediFries may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with MediFries. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.
 
6. CONTENT
 
6.1. Responsibility for Your Content
You are responsible for the content you publish. You assume all risks associated with the content you publish, including anyone's reliance on its quality, accuracy, or reliability, disclosure or truthfulness of information. You may not imply that the content published is in any way motivated, sponsored or endorsed by MediFries.
 
You may expose yourself to liability if, for example, the content you publish contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including hate speech or pornography; harms minors; or violates or advocates the violation of any law or other legal regulation.
 
6.2. Right to use Your Content.
By submitting Your Content, you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the published content on the territory of the European Union. This includes the right to sub-license and transfer.
 
By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, any claims and assertions of moral rights with respect to Your Content brought against us, any third party services and our and their users.
 
6.3. Ownership of Content
As between you and MediFries, you own Your Content, including any User Account information, educational notes and other contend you may submit or make available when using the Website. We own the MediFries Content, including, among others, visual interfaces, interactive features, graphics, calendars, design, compilations, including (but not limited to) our database of user content and other MediFries Content, computer code, products, software, and all other elements and components of the Website, excluding User Content and Third Party Content. We also own the copyrights, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the MediFries Content, the Website, including any MediFries registered Community Trademark. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the MediFries Content, in whole or in part, except as expressly authorized by us.
 
6.4. Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.
 
7. RESTRICTIONS
         
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content or engage in any activity that, in our sole discretion:
 
  1. Violates any third party's rights, including classes, courses or lessons copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  2. Violates those Terms;
  3. Violates any applicable law;
  4. Threatens, harms, harasses others, or promotes discrimination;
  5. Promotes a business or other commercial venture or event, or otherwise uses the Website for commercial purposes, except in the case of Teachers that promote their own entity;
  6. Engages in keyword spamming, or otherwise attempts to manipulate the Website's search results;
  7. Solicits personal information from minors, or submits or transmits pornography.
 
Apart from that, the User agrees not to:
 
  1. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Website or its Content.
  2. Use any robot, spider, site or mobile app search/retrieval application in the Website;
  3. Make attempts to reverse engineer any portion of the Website;
  4. Remove or modify any IP rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;
  5. Record, process, or mine information about other Users and clients;
  6. Attempt to gain unauthorized access to the Website, the User Accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means;
  7. Use the Website or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, "Viruses").
 
When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of MediFries, and this action should be considered as if it was included in this clause.
 
8. RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES
 
We process your personal data in accordance with our Privacy Policy and cookies in accordance with our Cookie Policy. You can always retrieve the current version of these from the footer of the Website. In particular these data protection provisions govern and explain the extent to which your personal data is collected, processed, can be seen by other Users and what options you have for controlling its disclosure to other Users and third parties.
 
Please have a careful look at our Privacy and Cookie Policies to learn more about the way we process and handle your personal information.
 
9. THIRD PARTY WEBSITES AND CONTENT
 
The Services may contain, or you may be sent through the Website to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and Third Party Content. Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by us and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website.
 
You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk.
 
10. USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS
 
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against MediFries and its users, any claims and assertions of any moral rights contained in such Feedback.
 
11. PRICING, PAYMENTS & REFUNDS
 
11.1. Payment
Payments are done exclusively by credit/debit card. Payment processing services for Users on the Website are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a User on MediFries, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of MediFries enabling payment processing services through Stripe, you agree to provide MediFries accurate and complete information about you, and you authorize MediFries to share it and transaction information related to your use of the payment processing services provided by Stripe.
 
All credit/debit cardholders are subject to validation checks and prior authorisation by the card issuer. Following clearance, payment will be debited from your account upon receipt of your payment by us.
 
If the issuer of your payment card refuses to authorise payment to us, we will not be able to process your payment request and a message will appear informing you that the transaction cannot be processed. We, together with our business partners, take all reasonable care to ensure that we use secure payment systems. All payment card transactions made through the Website are processed using a secure online payment gateway (Secure Socket Layer (SSL) technology) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on our server.
 
11.2. Recurring Charges
Unless cancelled by the User, their MediFries membership shall renew automatically, which will cause a subscription fee to be debited for the following membership period / billing cycle. Any failed subscription payment will result in the User’s inability to access the paid features of the Website until such payment is made.
 
11.3. Price Increases
We reserve our right to increase subscription prices by giving you 30 days’ notice via email. If You are not satisfied with such price increase, You would be free to cancel your subscription without penalty before the said price increase has taken effect.
 
11.4. Refunds
Whilst cancellations are permitted at any time, due to the subscription nature of the Website, refunds are not permitted once a payment for the respective membership period / cycle has been debited.
 
12. INDEMNITY
 
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
 
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
 
13.1. YOU ACCEPT THAT MEDUKATION LTD CANNOT GUARANTEE YOUR PERFORMANCE OR SUCCESS IN UKMLA EXAMS AND THAT MEDUKATION LTD CANNOT BE HELD LIABLE FOR YOUR FAILURE TO PASS ANY OF THE UKMLA EXAMS.
 
13.2. MEDUKATION LTD DOES NOT OFFER OR PROVIDE MEDICAL ADVICE. ANY MEDICAL INFORMATION MADE AVAILABLE ON THE WEBSITE SHOULD NOT TO BE CONSTRUED AS MEDICAL CARE OR MEDICAL ADVICE GIVEN BY PHYSICIANS OR TRAINED MEDICAL PERSONNEL. YOU SHOULD REMAIN MINDFUL THAT ALL SCENARIOS AND CLINICAL CASES ARE FICTIONAL AND MIGHT NOT BE APPLICABLE IN REAL LIFE. THEY SHOULD THEREFORE NOT BE RELIED UPON FOR ANY PARTICULAR DIAGNOSIS, TREATMENT, OR CARE. THE WEBSITE IS NOT A SUBSTITUTE FOR MEDICAL ADVICE. BESIDES, WHILST WE STRIVE TO PROVIDE HIGH QUALITY AND UP-TO-DATE MATERIALS, DUE TO THE NATURE OF MEDICAL KNOWLEDGE, WE DO NOT WARRANT THE ACCURACY OF ANY INFORMATION PROVIDED ON THE WEBSITE, INCLUDING ANY INFORMATION AVAILABLE IN THE TEXTBOOK SECTION OF THE WEBSITE, IN ANY CLINICAL CASES AND OR ANY RESPECTIVE EXPLANATIONS AND DIAGRAMS.
 
13.3. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, MEDUKATION LTD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH  THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.
 
13.4. DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. MEDIFRIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE MEDIFRIES SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS, INCLUDING TEACHERS AND STUDENTS, AS WELL AS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH MEDIFRIES, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.
 
13.5. MEDIFRIES MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES, SUCH AS THAT CAN BE SEEN ON THE WEBSITE OR OTHER USERS OF THE SERVICES. MEDIFRIES IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH OUR SERVICES OR ANY OTHER GOODS OR SERVICES PROMOTED OR FEATURED ON THE WEBSITE. BESIDES, YOU UNDERSTAND MEDUKATION LTD IS NOT ASSOCIATED WITH ANY EDUCATIONAL PROVIDERS AND FACILITIES INCLUDING BUT NOT LIMITED TO THE GMC, THE UK MEDICAL COUNCIL OR ANY UK MEDICAL SCHOOLS.
 
13.6. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.
 
13.7. MEDIFRIES'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE ACTUAL OUT-OF-POCKET AMOUNT PAID BY YOU TO MEDIFRIES FOR ACCESSING THE WEBSITE AND THE SERVICES.
 
13.8. MEDIFRIES DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA. MEDIFRIES ALSO DISCLAIMS LIABILITY IF YOU ARE DISSATISFIED WITH ANY OF THE SERVICES OFFERED THROUGH THE WEBSITE.
 
14. DISPUTE RESOLUTION
 
14.1. You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Website and the Services shall be resolved individually, without resort to any form of class action.
 
14.2. Any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to MediFries for accessing the Website and the Services, but in no event attorneys' fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of MediFries.
 
14.3. This Agreement and all rights and obligations in connection with it are governed by English law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent courts of England and Wales.
 
 
15. SEVERABILITY
 
If any of these terms of use are found unlawful, void, or for any reason unenforceable, then such provisions will be considered severable from the remaining Terms and will not affect the validity and enforceability of the remaining provisions.
 
16. TERMINATION
 
16.1. You may terminate the Terms at any time by closing your User Account, discontinuing your use of the Website or providing MediFries with a notice of termination.
 
16.2. We may close your User Account, suspend your ability to use certain portions of the Website and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind with a 60 days’ prior notice. Any such action could prevent you from accessing your User Account, the Website, Your Content, MediFries Content and/or any other related information.
 
16.3. In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 9, 12, 13, 14, 15, 16 and 17 will continue in full force and effect, including our right to use Your Content as detailed in the provisions of Section 6.
 
17. GENERAL TERMS
 
17.1. We reserve the right to amend, update, or discontinue the Website at our sole discretion, at any time, with or without reason, and without notice or liability.
 
17.2.We may provide you with notices, including those regarding changes to the Terms, by email or through the Website.
 
17.3.Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
 
17.4. The Terms contain the entire agreement between you and MediFries regarding the use of the Website.
 
17.5. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated so that the Terms shall otherwise remain in full force and effect.
 
17.6. The section titles in the Terms are for convenience only and have no legal or contractual effect.
 
18. CONTACT
In order to address a question, to resolve a complaint regarding the Website or the MediFries Services, or to receive further information regarding the Services, please contact MediFries via info@medifries.com.