If you use the SearchMedica website (the "Website"), and search tool (together the "Service") you agree to be bound by these terms and conditions.
In these terms and conditions, "we" and "us" means Briefing Media Limited (company number: 00370721), whose registered office is at Mermaid House, 2 Puddle Dock, Blackfriars, London EC4V 3DB.
2. Access to the Website and content
2.1 We will endeavour to allow uninterrupted access to the Website and the Service, but access may be suspended, restricted or terminated at any time.
2.2 We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
3. Intellectual Property
3.1 The copyright in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to Briefing Media Limited, its affiliates or licensors (including the owners of the pages featured in the search results). All rights are reserved. None of this material may be reproduced or redistributed without our written permission, or the permission of the owner of the relevant site.
3.2 "SearchMedica" is a trade mark of Briefing Media Limited and "Convera" is a registered trade mark of Convera Corporation. Other product and company names mentioned on this Website or in the search results may be the trade marks or registered trade marks of their respective owners.
4. Content and Search Results
4.1 We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the Website and you should be aware that such information may be inaccurate, incomplete or out of date.
4.2 The information provided by us on the Website is not in any way an invitation or recommendation to buy or use any products or services featured and you should seek appropriate independent advice.
4.3 The search results achieved by the Service are generated automatically by automated indexing technology with no prior review by us or our licensors. We do not review the contents of the search results, nor do we screen the sites found before including them in our index, and the content of those sites may change on a regular basis. The Service may produce search results that you consider inappropriate. We assume no responsibility for the contents of any other websites to which the search results provide links. In particular, but without limitation, we do not warrant or represent that medical advice contained in any link generated by the Service is complete, accurate or up-to-date, and shall not be liable for any losses suffered as a result of relying upon it as such.
4.5 We do not give any warranty that the Website, or any website featured in the search results generated by the Service, is free from viruses or anything else which may have a harmful effect on any technology. You understand and agree that you access, read and/or download data via Service at your own risk and discretion and that you will be solely responsible for any damage to your computer or other equipment or any loss of data that results from such use of the Service.
4.6 We do not represent that the Service is appropriate or available for use in all geographical locations, especially outside the United Kingdom, and the search results generated by the Service may not be relevant or appropriate outside the United Kingdom. We shall not be responsible for compliance with local laws and other applicable laws for users who access the Service from such locations.
5. Limitation of liability
5.1 To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied), including without limitation, as to:
- the accuracy of any information contained on the Website or on sites to which the Website links in the search results, and the accuracy, completeness or relevance of results generated by the Service;
- fitness for a particular purpose and non-infringement of proprietary rights, and the security, reliability, timeliness of the performance of the Service;
- the reliability of services or goods advertised on the Website or through any links provided by the Service, or any information or advice received through links provided in the Service.
5.2 The SearchMedica Tool is provided under licence on an "as is" basis and all warranties express or implied, including without limitation, implied warranties of satisfactory quality and fitness for purpose are excluded to the fullest extent permitted by law.
5.3 You understand and agree that you use the SearchMedica Tool at your discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of the SearchMedica Tool
5.4 Due to the nature of electronic transmission of data over the Internet, the automated nature of the Service and the third party control of sites linked by the search results produced by the Service, any liability we may have for any losses or claims arising in relation to the Website or the Service is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Service (even if the user has been advised of the possibility of such loss) save where such liability cannot be excluded by law.
5.5 The limitation of liability contained in this clause 5 shall apply whether the damages arise:
- from use or misuse of, or reliance upon the Service, from inability to access the Website or the Service, or from the interruption, suspension, or termination of the Service; or
- as a result of services or goods generated through or advertised on any link generated by the Service, or of any information or advice contained in such links featured in the search results generated by the Service.
6. User name and password
6.1 On registering with us or subscribing to the Service, you may be issued with a user name and password which must be used in order to access the Service. The user name and password are personal to you and are not transferable.
6.2 Your username and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your user name and password and any payments due for access to the Service by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately.
6.3 You may not adapt or circumvent the systems in place in connection with the Website, nor access the Service other than through normal operations.
7. Data submitted by users
7.1 The Website may from time to time allow users to post data for the benefit of other users. We accept no liability for data supplied by any user for display on the Website and the limitations in condition 5 above (Exclusions of liability) apply.
7.2 If you submit data for display on the Website you are responsible for ensuring that the data is accurate, complete and up to date and for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.
7.3 You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
7.4 We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.
7.5 You agree that you shall not submit automated queries of any sort to the Service for the purpose of 'meta-searching' the Service, determining how a website ranks against other results generated by the Service, or performing "offline" searches using the Service.
7.6 You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition 7.
7.7 Subject to the Contracts (Rights of Third Parties) Act 1999 condition 7.6 may be enforced by the following people in their own right:
- any third party with whom we contract for content or advertising; and
- our employees or agents at the time of any failure to observe.
9.1 We may terminate your access to the Website and the Service on not less than 3 days' written notice to you.
9.2 Your licence to use the SearchMedica Toolbar will terminate automatically if you breach these terms and conditions, we post a notification on the Website, or send a notification of termination to you directly. On termination you must discontinue use of the SearchMedica Tool and destroy all copies of the SearchMedica Tool.
9.3 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
10.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
10.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website.
11. Governing law
11.1 These terms and conditions shall be governed by and construed in accordance with English law.
11.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.