Terms and Conditions
Thank you for using Passmed. These Terms and Conditions (the “Terms”) govern your access to and use of Passmed (“we”, “us” or “our”) website and products and services (collectively the “services”).
USE OF OUR WEBSITE
ACCESS TO THE PASSMED WEBSITE
We try to ensure that the website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We of course try to limit the frequency and duration of any suspension or restriction.
ACCOUNTS AND PASSWORDS
You will be required to complete Passmed’s registration process in order to subscribe to and use the services by providing us with current, complete, and accurate information as prompted by the applicable registration form. You shall be responsible for the accuracy of the data provided and may update your profile data in order to reflect the most accurate current information. Any user identification code or password is personal and non-transferable and must be kept confidential and used only by you (unless agreed to in writing with Passmed) for the specified term of your subscription or registration period (which may be terminated at the discretion of Passmed). You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Passmed immediately of any unauthorized use of your account or any other breach of security. Passmed will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Passmed or another party due to someone else using your account or password.
Passmed aims to retain performance data from expired subscriptions for a maximum of 90 days after the subscription has ended. Passmed retains the right to delete data from expired subscriptions as and when necessary, and makes no guarantees about the continued retention of data after a subscription has expired.
PRODUCTS AND SERVICES
Passmed is an online revision website for health professionals and students. A description of what is included in each Passmed subscribed service is contained on our website including the period of each subscription. Any other services which are currently available without a subscription are also indicated on the website. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct and up to date. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment that you place an order.
The licensed materials, including all intellectual property rights within the licensed materials (such as copyright) are the sole and exclusive property of Passmed. By indicating that you accept these terms, you do not become the owner of the licensed materials, but are entitled to use them according to the terms of this agreement.
You have the right to use and access the licensed materials for the course(s) you have subscribed to for the duration of your subscription period unless an interval of maintenance downtime has been scheduled. Content will be provided as described in the respective product description pages and may change during the course of a subscription period to remain relevant. For exam products, the number of questions may vary during the subscription term based on content changes and updates. However, exam subscriptions will always have a minimum number of active questions as described in the corresponding product description pages. The subscription period will start immediately after activation and cannot be suspended temporarily and reactivated at a later date. You must use the course material within the subscribed period, and no free extensions are offered in exchange for any unused time.
At the end of your subscription period, your right to use and access the licensed materials will expire automatically unless you renew under Passmed’s current terms and conditions. A renewal will allow you to work on existing exam test information for a pre-set extended period. Renewals are offered as a continuation to a current subscription term but not for later use after this term has expired. You must renew the subscription prior to its expiration date. A renewal will be provided only for the course subscribed. Some courses are offered as a combination package(s), and renewal will only be permitted for individual courses in the package but not for the original combined package. This agreement and your right to use the licensed materials will also terminate at Passmed’s sole discretion if you fail to comply with any terms or conditions. The exam test information will not be reset (deletion of test/performance/usage information) during the subscription period unless it meets the eligibility criteria described below.
Exam reset eligibility is based on the continuous duration (without any intermediate breaks) of a currently active subscription and does not take previous subscription(s) into account. A reset is a permanent and irreversible purge (deletion) of all your test and performance data from our system. You may perform a reset directly from your account on our website. This option is available for only two circumstances outlined below:
- Purchase of a new subscription: You purchased a brand new subscription (ie, your previous subscription expired and you did not renew) and still have the old information in your new exam, or
- Continuous subscription for 180 days (6 months) or more without a reset: For users who have continuously subscribed to a particular course for 180 days (6 months) or more and whose subscription has never been reset, we provide a one-time only opportunity to reset the test information/exam. Exam information cannot be deleted or reset in the middle of a subscription period except in the following scenario:
- If you have held your active subscription for 180 days (6 months) or more without any intermediate breaks and it has not been reset previously
Renewal of an active subscription does NOT qualify as a new subscription purchase. An eligible exam subscription can be reset only once during its active period. Once it has been reset, another reset is not possible regardless of the remaining subscription time or purchase of renewal(s).
RESTRICTION AGAINST TRANSFER
You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the licensed materials. All accounts at Passmed are monitored for multiple logins. In the event that Passmed believes at its sole discretion that an account is being used by multiple users at the same time, Passmed reserves the right to terminate that account without any notice or refund. We also retain the right to sue on grounds of breach of contract. Therefore, please do not disclose your account details to anyone else.
PLACING AN ORDER
When submitting your request to purchase any Passmed service, you will be asked to indicate which products that you wish to subscribe to and will proceed to an Order Summary page to indicate your method of payment and contact details. All payments are made through a secure third party payment encrypted gateway. After you submit your offer, you will receive confirmation that your payment was either successful or unsuccessful.
Please note that if you wish to cancel any subscription that you have purchased after our contract comes into effect, cancellation shall be at our discretion and if accepted may be subject to a cancellation charge. You hereby agree that no cancellation is allowed after these services have started to be supplied. This does not otherwise affect your statutory rights.
Passmed services are supplied subject to availability and remaining in current circulation. In the event that we are unable to supply any Passmed services for the agreed term, we will inform you as soon as possible and provide you with a pro rata refund in the event that you have paid for a period for which we cannot comply. We will not however be liable to the full extent permitted by law, for any direct or indirect loss caused as a result of not being able to supply to you within the subscription for all or any of the periods subscribed to.
PRICE AND PAYMENT
The price that you pay for the Passmed services are inclusive of all taxes unless otherwise indicated. They are valid for purchases during the calendar year which they relate to.
We try to ensure that all of our prices on our website are accurate, however errors may occur. If we discover any errors in the prices of the services that you have ordered, we will inform you as soon as possible and give you the option of recommencing your order at the correct price or cancelling it. If you do not respond to our contact, we will treat the order as cancelled. If you order and we have already processed your payment, you will receive a full refund.
Payments may be made through the methods specified on our Order Summary section of our website. We take all reasonable precautions to keep the details of your order and payment secure. Unless we are negligent however, we cannot be liable for losses causes as a result of unauthorised access to the information provided by you.
We use a third party payment service to process your credit card or other payment information. By submitting your credit card or other payment information, you agree that we will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service from whom we accept payment. We will select third parties who encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
TERMINATION AND REFUNDS
Your account will continue in effect unless and until you cancel, or we terminate it. Your account is prepaid and non-refundable. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your account at any time, and cancellation will be effective immediately. If you wish to cancel your account, you may do so via your “Account” page. Should you elect to cancel your Account, please note that you will not be issued a refund for the most recently (or any previously) charged fees.
We reserve the right to suspend our Services or terminate these Terms at any time without notice for any reason, including, in the case of the Terms, for your violation of any of its provisions. We specifically reserve the right to suspend or terminate, without refund, your account for suspected abuse of our website or its Contents.
INTELLECTUAL PROPERTY RIGHTS
Any use including framing, metatags or other text utilising the Passmed’s trademarks or other trademarks displayed, is strictly prohibited without our (or our Licensor’s) express written consent.
Any material you upload to any user forum or via any news voting function will be considered non-confidential and non-proprietary (unless otherwise stated on the site) and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
PERMISSION FOR USE OF OUR INTELLECTUAL PROPERTY
Any request for permission to use our content or images, or other use of our intellectual property not authorised under a subscription, should be made by emailing email@example.com
Passmed is a commercial educational service provider for individuals who are preparing for various medical licencing examinations globally, including the College of Medicine South Africa examinations and the United States Medical Licensing Examination (USMLE). Passmed is in no way affiliated with any of these licencing boards or organisations.
Our website contains links including hyperlinks which may take you outside of the Passmed website. Links are provided for your convenience, and an inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or content. We have no control over the contents or functionality of those sites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside the Passmed website, and such websites use will be subject to relevant terms and conditions and privacy policies.
You may link to the home page of our website as long as the link does not cast us in a false or misleading light.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The material on this website is intended for use as an exam revision or personal development resource. It is not a substitute for your own clinical judgement as a professional. Any reference to drug dosage should be checked with your local formulary before prescribing. Passmed does not make any guarantees that use of Passmed products or services will guarantee success in any examination or other test of any nature.
THIS WEBSITE AND THE INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED HEREIN (COLLECTIVELY THE “CONTENTS”) ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. PASSMED HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE CONTENTS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR OTHER AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, THE SERVICES OR THE INFORMATION OR CONTENTS AVAILABLE FROM THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF OUR WEBSITE OR SERVICES, WHETHER IN WARRANTY, CONTRACT, TORT, OR OTHERWISE, EXCEED, IN THE AGGREGATE, THE GREATER OF (A) AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE BRITISH POUND (£1). THIS LIMITATION IS CUMULATIVE AND NOT PER CLAIM.
THE CONTENTS OF THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS WEBSITE. PASSMED MAY MAKE IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THIS WEBSITE, THE CONTENTS HEREOF, AND THE PRODUCTS AND SOFTWARE DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.
THIS WEBSITE, THE SERVICES AND THE CONTENTS ARE FOR INFORMATIONAL PURPOSES ONLY. THE DATA AND OTHER INFORMATION IN THE MEDICAL FIELD CHANGE FREQUENTLY AND ARE SUBJECT TO DIFFERING INTERPRETATIONS. IN ADDITION, THE FACTS AND CIRCUMSTANCES OF EVERY SITUATION DIFFER. ACCORDINGLY, ALTHOUGH WE ENDEAVOR TO USE REASONABLE CARE IN ASSEMBLING THE CONTENTS, YOU SHOULD BE AWARE THAT WE HAVE NO OBLIGATION TO UPDATE SUCH CONTENTS AND THAT SUCH CONTENTS MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES OR OUTDATED INFORMATION. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY, ADEQUACY, CURRENCY OR RELIABILITY OF ANY INFORMATION AND ASSUME, AND SHALL HAVE, NO LIABILITY OF ANY KIND RELATING TO THE INFORMATION. THE CONTENTS ARE PROVIDED WITH THE UNDERSTANDING THAT WE ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE.
LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless Passmed, our affiliates, officers, directors, employees, consultants, agents, representatives, licensors, and suppliers, from any and all claims, losses, liability, damages and/or costs (including reasonable attorneys’ fees and costs) arising out of or relating to your violation of these Terms, including without limitation any representations and warranties hereunder and any agreements incorporated by reference; and/or your infringement of any intellectual property or other right of any person or entity.
Passmed does not endorse, and is not responsible for, the accuracy or reliability of any opinion, advice, or statement made through the site by any party other than Passmed. Other than as required under consumer protection law, under no circumstance will Passmed be liable for any loss or damage caused by your reliance on information obtained through the site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the site. Please seek the advice of professionals as appropriate regarding the evaluation of any specific information, opinion, advice, or other content.
You must not use the website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must use the website for lawful purposes only. You must not use the website for any of the following:
- Fraudulent purposes in connection with a criminal offence or otherwise unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam
- To cause annoyance, inconvenience or needless anxiety
SEARCH ENGINES AND WEB CRAWLERS
The information that is posted on Passmed Forums is routinely indexed by search engines and web crawlers (like Google, MSN, Yahoo, etc.). Therefore, when an online search is conducted, the information posted might show up in search results. If you do not wish for your posting to be made publicly available or indexed by third-party search engines, then do not make a post on our forums.
Passmed is under no obligation to review any messages, information, or content (“Postings”) posted on the site by users, and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, Passmed may from time to time monitor the postings on the site and may decline to accept and/or remove any postings that contain:
Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including, but not limited to any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law
Advertisements or solicitations of any kind
Messages posted by users impersonating others
Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references
Messages by non-spokesperson employees of Passmed purporting to speak on behalf of Passmed
Messages that offer unauthorized download of any copyrighted or private information. Multiple messages placed within individual folders by the same user restating the same point
Chain letters of any kind
These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country.
Should you have any questions regarding this agreement, you may contact us at any time.
Last Updated: October 2017
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