TERMS AND CONDITIONS
Definitions: Within these terms and conditions, the terms 'we' and 'Red Whale' have the following meaning: GP Update Limited. Registered in England and Wales no. 7135974. Registered Office: University of Reading, Reading Enterprise Centre, Earley Gate, Whiteknights Road, Reading, RG6 6BU UK.
Training course cancellation policy: Please inform us as soon as possible if you are unable to attend a course before the course date. If you are unable to attend you may substitute someone else free of charge alternatively, you can elect to have a refund subject to a cancellation fee expressed as a percentage of the course fee. Cancellation fees will apply as follows: 0% if over 10 weeks before the course date, 50% if 5 to 10 weeks before the course date or 100% if less than 5 weeks before the course date.
Red Whale reserves the right to cancel any training course if it becomes necessary to do so. In the very unlikely event of this happening you will be notified as soon as possible and offered the opportunity to defer your place to an alternative date/location. If you are unable to attend any of the alternatives offered, the cancellation policy in the paragraph above will apply. Red Whale shall not be responsible for any other loss incurred by the customer as a result of a cancellation or reschedule.
Red Whale reserves the right to deliver any course by video, video link, video stream or DVD and courier the course materials to the address you used when booking.
Changes to courses or time specific webinars advertised: We reserve the right to amend the courses where it's unavoidable or to make other minor changes that may be necessary due to unforeseen circumstances.
Information: All information provided by Red Whale is given in best faith. Red Whale, its directors, members, agents or its staff will not be held responsible for actions taken by the customer, any other individual or organisation as a result of the information provided during training courses or within any publications (printed or otherwise).
Receipt and directions: Your receipt, and directions to the course venue or login for webinars or courses as appropriate and details about timing will be emailed to you following our receiving your booking details and payment. For events due to run on a specific date, if you have not received these 10 days before the date, please telephone to make sure payment has been received. For courses the cost of lunch and refreshments is included in the course fees. Booking onto a course, online course, webinar or ordering a handbook constitutes a contract between Red Whale and yourself as an individual, you will be liable for payment of the fees and any receipt or invoice will be made out in your name.
Discounts: Discounts are offered from time to time as part of special promotions. To benefit from a discount you must use either the prescribed booking form or discount code when making your booking. If you book at a price and subsequently become aware that you are eligible for a lower price and inform Red Whale before the course or webinar date, Red Whale will review your case but will not be bound to make any refund for the difference. No refunds will be made if you inform Red Whale on or after the date of the course or webinar.
Financial data: GP Update Limited does not store customers' payment card details.
Intellectual property: All materials and presentations used on courses are copyright and may not be reproduced without permission. All intellectual property rights, including copyright, remain the sole property of GP Update Limited. Any copies made of course materials, any Red Whale handbook, any Red Whale Summary of NICE Guidelines, or any video content, will be an infringement of copyright unless agreed in writing in advance. This excludes copyright belonging to third parties included within course packs or downloadable resources.
Video material - disclaimer: We make every effort to ensure the information in our videos is accurate and correct at the time of production, but it is of necessity of a brief and general nature, and should not replace your own good clinical judgement, or be regarded as a substitute for taking professional advice in appropriate circumstances. In particular we recommend you check drug doses, side-effects and interactions for specific patients with the British National Formulary. Save insofar as any such liability cannot be excluded at law, we do not accept any liability for loss of any type caused by reliance on the information in these videos.
Proper Law and Jurisdiction This Agreement and all matters arising from it shall be governed by and construed according to the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Entire Agreement This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. You confirm that you have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
The following terms from this point to the end of the agreement are part of this agreement and relate specifically to:
Online content provided free of charge and online content subject to payment and online content supplied as part of another Red Whale course or product (“Free and Paid-for Services”) Red Whale shall provide Free Content and Paid-for Services. This includes a subscription for the Paid-for services which includes the Paid-for Content functions available. Red Whale reserves the right to vary the Free and Paid-for Services and does not guarantee that the content provided free of charge (“Free Content”) will remain free of charge and does not guarantee that the content and functionality provided subject to payment (“Paid-for Services”) will remain a paid-for service.
You agree to pay any subscription fees (“Fees”) at rates in effect when the charges are incurred. You must provide Red Whale with complete and accurate payment information. You can pay using a credit or debit card or voucher code. By submitting credit or debit card details to Red Whale you warrant that you are entitled to purchase the Paid-for Services using those payment details. In the event of an unauthorised payment Red Whale reserves the right to suspend or terminate your access to the Site and Paid-for Services. If no payment authorisation is received or payment authorisation is subsequently cancelled, Red Whale may immediately terminate or suspend access to any Paid-for Services and/or the Site. Red Whale will try to process your request for any Paid-for Services promptly but does not guarantee that the Paid-for Services will be available to you by any specified time.
A contract with you for Paid-for Services will come into effect when the payment is made. You having paid the Fee for a subscription for the supply of Paid-for Services for a defined period you will have no right of cancellation for the supply of the Paid-for Services other than the right to cancel the renewal of your subscription for Paid-for Services. This does not affect your statutory rights.
Limitations on Use of the Site All content and services provided by Red Whale belongs to Red Whale or is licensed to Red Whale by licensors including Redwing Interactive Limited. Red Whale or its licensors, including Redwing Interactive Limited own all the intellectual property rights in the content and services. The content and services provided are solely for your personal use and shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement. You shall not allow any third party to access the content. You shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. You shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by Red Whale or its licensors including Redwing Interactive Limited or otherwise relating to the Site.
Limitation of Liability and Indemnity. You expressly agree that the use of, and browsing of the Site is at your own risk.Neither Red Whale nor any other party involved in creating, producing or delivering the Site, including Redwing Interactive Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of your access to, or use of, or inability to use the Site or any data You have entered or uploaded onto the site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if Red Whale has been advised of the possibility of such damages. You expressly agree that the downloading of any material form the Site is at your own risk.
Neither Red Whale nor any other party involved in creating, producing or delivering the Site, including Redwing Interactive Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from you downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if Red Whale has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to you “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. You must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Red Whale reserves the right to modify information displayed on this Site. No party who is involved in the workings of the Site, including Redwing Interactive Limited, will at any time be liable or responsible in any way for the content, including the Paid-for Services, and information provided on or via the Site and for your use of the Site.
From time to time Red Whale will make available to you links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by Red Whale and You agree that Red Whale shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that You may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between you and any third party named on Red Whale's Site are at your sole risk and responsibility and Red Whale expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.
Indemnity. We make every effort to ensure the information in our Free and Paid-for Services is accurate and correct at the time of production, but it is of necessity of a brief and general nature, and should not replace your own good clinical judgement, or be regarded as a substitute for taking professional advice in appropriate circumstances. In particular we recommend you check drug doses, side-effects and interactions for specific patients with the British National Formulary. Save insofar as any such liability cannot be excluded at law, we do not accept any liability for loss of any type caused by reliance on the information in the Free and Paid-for Services.
You agrees to indemnify, keep indemnified, defend and hold Red Whale and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, including Redwing Interactive Limited, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from your use of, connection with or conduct on the Site or any breach by You of these terms. Red Whale or Redwing Interactive Limited reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, You agrees to co-operate with the defence of such claim.
Consequences of Breach of these Terms In the event that Red Whale or Redwing Interactive Limited considers or determines, in their complete discretion, that you has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to: (a) warn you that they have violated the Agreement and ask you to discontinue such conduct; (b) discontinue you's membership of the site and/or any other related services, including Paid-for Services; and (c) take measures (including terminating, suspending or restricting your use of the Site) to prevent you from using the Site or linking to the Site.
Third Parties The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement, except in relation to the rights of Redwing Interactive Limited.
Updated 6 June 2019