Terms and conditions of use

Introduction

These terms and conditions apply between you, the User of this Website and accompanying mobile app (including any sub-domains, unless expressly excluded by their own terms and conditions), and THE JOURNAL OF CHINESE MEDICINE PUBLICATIONS LTD, the owner and operator of this Website and accompanying mobile app. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website and accompanying mobile app. If you do not agree to be bound by these terms and conditions, you should stop using the Website and accompanying mobile app immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and accompanying mobile app and is not either (i) employed by THE JOURNAL OF CHINESE MEDICINE PUBLICATIONS LTD and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to THE JOURNAL OF CHINESE MEDICINE PUBLICATIONS LTD and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website and accompanying mobile app. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

  1. All Content included on the Website and accompanying mobile app, unless uploaded by Users, is the property of THE JOURNAL OF CHINESE MEDICINE PUBLICATIONS LTD, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website and accompanying mobile app, including any such content uploaded by Users. By continuing to use the Website and accompanying mobile app you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
  2. You may, for your own personal, non-commercial use only, do the following:
    • retrieve, display and view the Content on a computer screen or other compatible digital device up to a maximum of 4 devices. We reserve the right to cancel or suspend the accounts of users who we have reason to believe are exceeding this allowance, or sharing their access with others.
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of THE JOURNAL OF CHINESE MEDICINE PUBLICATIONS LTD.
  4. You acknowledge that you are responsible for any Content you may submit via the Website and accompanying mobile app, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website and accompanying mobile app any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
  5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify THE JOURNAL OF CHINESE MEDICINE PUBLICATIONS LTD for all claims resulting from Content you supply.

Prohibited use

  1. You may not use the Website and accompanying mobile app for any of the following purposes:
    • in any way which causes, or may cause, damage to the Website and accompanying mobile app or interferes with any other person's use or enjoyment of the Website and accompanying mobile app;
    • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    • making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

  1. Please note, if you decide to purchase ‘Pro’ membership access, your access will continue for the lifetime of the product and not necessarily the extent of your own lifetime.
  2. You must ensure that the details provided by you on registration or at any time are correct and complete.
  3. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
  4. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
  5. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website and accompanying mobile app. Cancellation or suspension of your registration does not affect any statutory rights.

Privacy Policy and Cookies Policy

  1. Use of the Website and accompanying mobile app is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: www.amanualofacupuncture.com/privacy_policy and www.amanualofacupuncture.com/cookies_policy.

Availability of the Website and accompanying mobile app and disclaimers

  1. Any online facilities, tools, services or information that THE JOURNAL OF CHINESE MEDICINE PUBLICATIONS LTD makes available through the Website and accompanying mobile app (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. THE JOURNAL OF CHINESE MEDICINE PUBLICATIONS LTD is under no obligation to update information on the Website and accompanying mobile app.
  2. Whilst THE JOURNAL OF CHINESE MEDICINE PUBLICATIONS LTD uses reasonable endeavours to ensure that the Website and accompanying mobile app is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers and other digital devices.
  3. THE JOURNAL OF CHINESE MEDICINE PUBLICATIONS LTD accepts no liability for any disruption or non-availability of the Website and accompanying mobile app.
  4. THE JOURNAL OF CHINESE MEDICINE PUBLICATIONS LTD reserves the right to alter, suspend or discontinue any part (or the whole of) the Website and accompanying mobile app including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website and accompanying mobile app unless it is expressly stated otherwise.

Limitation of liability

  1. Nothing in these terms and conditions will:
    • limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;
    • limit or exclude our or your liability for fraud or fraudulent misrepresentation; or
    • limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2. To the extent that the ‘Lite’ (free) version of the Website and accompanying mobile app and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
  3. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  4. To the maximum extent permitted by law, THE JOURNAL OF CHINESE MEDICINE PUBLICATIONS LTD accepts no liability for any of the following:
    • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    • loss or corruption of any data, database or software;
    • any special, indirect or consequential loss or damage.

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website and accompanying mobile app from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  3. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

THE JOURNAL OF CHINESE MEDICINE PUBLICATIONS LTD details

  1. THE JOURNAL OF CHINESE MEDICINE PUBLICATIONS LTD is a company incorporated in England and Wales with registered number 03495923 whose registered address is Europa House, Goldstone Villas, Hove, East Sussex, BN3 3RQ and it operates the Website www.amanualofacupuncture.com and accompanying mobile app. The registered VAT number is 711829442.

You can contact THE JOURNAL OF CHINESE MEDICINE PUBLICATIONS LTD by email on [email protected]

Attribution

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).

© 2018 The Journal of Chinese Medicine. All Rights Reserved. Terms & Conditions