TERMS & CONDITIONS
1. LIMITATION OF LIABILITY
1.1 THE INFORMATION PROVIDED BY US AS PART OF THE SERVICES IS BELIEVED TO
BE REASONABLY ACCURATE AND THE IMAGES ARE BELIEVED TO PROVIDE A
REASONABLE PORTRAYAL OF THE BODY PART(S) THEY REPRESENT. HOWEVER THE
INFORMATION AND IMAGES MUST NOT BE USED OR RELIED UPON FOR DIAGNOSIS
OR TREATMENT OF ANY MEDICAL CONDITION. A LICENSED PHYSICIAN SHOULD BE
CONSULTED FOR DIAGNOSIS AND TREATMENT OF ANY AND ALL MEDICAL
CONDITIONS. WE DO NOT WARRANT THAT THE INFORMATION IS FREE FROM
ERRORS AND OMISSIONS. PHYSICIANS OR OTHER HEALTH CARE PROVIDERS
SHOULD NOT USE THE INFORMATION OR IMAGES AS A SOLE RESOURCE FOR
DIAGNOSTIC OR EDUCATIONAL PURPOSES. WE DO NOT WARRANT THAT THE
INFORMATION OR IMAGES MEET ANY PARTICULAR STANDARD, AND ACCEPT NO
LIABILITY FOR ANY ACTION TAKEN IN RELIANCE ON THEM.
1.2 SUBJECT TO CONDITION 13, THE FOLLOWING PROVISIONS SET OUT OUR ENTIRE
FINANCIAL LIABILITY (INCLUDING ANY LIABILITY FOR THE ACTS OR OMISSIONS OF
OUR EMPLOYEES, AGENTS AND SUB-CONTRACTORS) TO YOU IN RESPECT OF:
1.2.1 ANY BREACH OF THESE CONDITIONS; AND
1.2.2 ANY REPRESENTATION, STATEMENT OR TORTIOUS ACT OR OMISSION
INCLUDING NEGLIGENCE ARISING UNDER OR IN CONNECTION WITH THE
CONTRACT.
1.3 NOTHING IN THESE CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR
DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FRAUDULENT
MISREPRESENTATION. YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE
PROVISIONS OF CONDITION 1.4.
1.4 SUBJECT TO THESE CONDITIONS:
1.4.1 OUR TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR
BREACH OF STATUTORY DUTY), MISREPRESENTATION OR OTHERWISE, ARISING IN
CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF
THIS CONTRACT SHALL BE LIMITED TO THE COST PRICE OF THE SERVICES; AND
1.4.2 WE SHALL IN NO CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PROFIT, LOSS
OF INCOME, LOSS OF CONTRACTS, LOSS OF ANTICIPATED SAVINGS NOR INCREASED
COSTS OR EXPENSES NOR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL
LOSSES OF ANY NATURE WHICH YOU MAY SUFFER.
1.5 WE SHALL NOT BE LIABLE TO YOU IN ANY WAY FOR ANY LOSSES, ACTUAL OR
POTENTIAL, THAT YOU SUFFER ARISING FROM THE UNAVAILABILITY OF THE SITE
OR FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE INFORMATION PROVIDED
BY THE SERVICES.
2. INTERPRETATION
2.1 In these Conditions ("the Conditions”) the following words have the following meanings:
Word
Meaning
"you"
The person(s), firm or company who purchases the Services from us;
“us" "we" "our"
UK;
Epicardio Ltd, 4th Floor, 18-20 Hill Rise, Richmond, Surrey TW10 6UA,
“Confirmation of Order”
order;
The e-mail confirmation from us of our acceptance of your on-line
"Contract"
Any contract between us and you for the sale, purchase and Licence of the Services,
incorporating these Conditions;
"Licence"
The licence granted to you to use the information contained in the Services in
accordance with these Conditions;
"Services"
The provision of information on-line agreed in the Contract to be supplied to you by
us (including any part or parts of such information).
"Site"
Our website located at www.epicardio.com
2.2 In these Conditions references to any statute or statutory provision shall, unless the context
otherwise requires, be construed as a reference to that statute or statutory provision as from time to
time amended, consolidated, modified, extended, re-enacted or replaced.
3. PERFORMANCE/CANCELLATION OF CONTRACTS
3.1 No order placed by you shall be accepted by us until a Confirmation of Order is issued by us.
We reserve the right to refuse any order for whatever reason.
3.2 You may cancel the Contract for any reason at any time within seven working days beginning
with the day you receive the Confirmation of Order. You may cancel the Contract by contacting us
in accordance with our previous instructions. If you commence using the Services before the expiry
of the seven working days you shall not be able to cancel the Contract.
3.3 As soon as we receive notice of your cancellation your access to the Services shall be
terminated.
3.4 Upon cancellation under Clause 3.2, we shall within 30 days of cancellation refund all payments
made by you in respect of the Services.
3.5 If you fail to make payment in accordance with the terms of any Contract or if we have reason
to believe that you will be unable to make payment in accordance with the terms of any Contract or
you breach the terms of the Contract in any other way, then we may (at our own discretion, without
liability on our part and without prejudice to any claim we may have against you) either:
3.5.1 terminate the Contract; or
3.5.2 suspend your access to the Services and require immediate payment in cash or immediate
provision of adequate security for payment or such other action as we may require before
reinstating access to the Services, failing which we may terminate the Contract.
4. APPLICATION OF TERMS
4.1 The Contract will be on these Conditions and any conditions contained in our Confirmation of
Order to the exclusion of all other terms and conditions (including any terms or conditions which
you purport to apply under any purchase order, confirmation of order, specification or other
document).
4.2 The display of information on the Site or anywhere else is not an offer by us but is an invitation
to treat. Each order for Services by you shall be deemed to be an offer by you to purchase Services
subject to these Conditions.
4.3 You must ensure that the terms of your order are complete and accurate.
5. DESCRIPTION
5.1 All drawings, illustrations, descriptive matter, information, specifications and advertising issued
by us and any descriptions or illustrations contained on our Site or in our catalogues, brochures or
flyers are issued or published for the sole purpose of giving an approximate idea of the Services
described in them. They will not form part of this Contract.
6. PRICE
6.1 Unless otherwise agreed by us in writing or unless changed in our Confirmation of Order, the
price for the Services shall be the price set out on the Site.
6.2 The price for the Services shall be exclusive of any value added tax and all costs or charges in
relation to delivery all of which you will pay in addition when you are due to pay for the Services.
7. PAYMENT
7.1 Payment of the price for the Services is due when you place your order and we will not allow
access to the Services until we are in receipt of the payment price and any other charges.
7.2 No payment shall be deemed to have been made until we have received cleared funds.
8. INTELLECTUAL PROPERTY
8.1 The Services and the content of the Site and any other documentation of ours are protected by
copyright, trade marks, database and other intellectual property rights. You may retrieve and display
the content of the Site on a computer screen or print one copy of such content for your own
personal, non-commercial use, provided you keep intact all and any copyright and proprietary
notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial
purposes any of the materials or content on the Site, any other documentation of ours or the
information contained in the Services without our written permission.
9. THIRD PARTY WEBSITES
9.1 As a convenience to you, the Site may include links to other web sites which are beyond our
control. We are not responsible for the content on the Internet or World Wide Web pages on any
web site that you access via our Site.
10. LICENCE
10.1 We grant you a licence to use the information contained in the Services subject to these
Conditions and you agree to use the information contained in the Services in strict compliance with
these Conditions.
11. WARRANTY
11.1 We shall use our reasonable endeavours to provide the Services but we do not warrant that the
Site will be continuously available.
11.2 We do not warrant that the Site and the information on it will be accurate, uninterrupted, error
free or compatible with your browser.
11.3 ALL CONDITIONS, WARRANTIES, TERMS AND UNDERTAKINGS EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE ARE EXPRESSLY EXCLUDED TO THE
GREATEST EXTENT PERMITTED BY LAW AND SAVE AS PROVIDED OTHERWISE IN
THIS AGREEMENT.
12. ASSIGNMENT
12.1 We may assign the Contract or any part of it to any person, firm or company.
13. FORCE MAJEURE
13.1 We reserve the right to defer the date of delivery or to cancel the Contract or reduce the
volume of the Services ordered by you (without liability to you) if we are prevented from or
delayed in the carrying on of our business due to circumstances beyond our reasonable control
including, without limitation, acts of God, governmental actions, war or national emergency, riot,
civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes
(whether or not relating to our workforce), or restraints or delays affecting carriers or inability or
delay in obtaining supplies of adequate or suitable materials Provided that, if the event in question
continues for a continuous period in excess of 90 days, you shall be entitled to give notice in writing
to us to terminate the Contract.
14. GENERAL
14.1 Each of our rights or remedies under the Contract is without prejudice to any other of our
rights or remedies whether under the Contract or not.
14.2 If any provision of the Contract is found by any court, tribunal or administrative body of
competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or
unreasonable, it shall to the extent of such illegality, invalidity, voidness, voidability,
unenforceability or unreasonableness be deemed severable and the remaining provisions of the
Contract and the remainder of such provision shall continue in full force and effect.
14.3 Our failure or delay in our enforcing or partially enforcing any provision of the Contract will
not be construed as a waiver of any of our rights under the Contract.
14.4 Any waiver by us of your breach of, or your default under, any provision of the Contract will
not be deemed a waiver of any subsequent breach or default and will in no way affect the other
terms of the Contract.
14.5 This Contract shall be governed by English law and the parties submit to the exclusive
jurisdiction of the English courts but without prejudice to our right to bring or enforce proceedings
in any other court or tribunal having competent jurisdiction.