CandyMC Terms and Conditions

1. Acceptable Use of the website

(1) This Policy

This Acceptable Use Policy (the "Policy") sets out the rules governing the use of our website at www.CandyMC.co.uk (the "Website") and any content that you may submit to the Website [or to us for publication on the Website] ("Content").

You must be at least 18 years of age to use our Website. By using our Website and by agreeing to the terms of this Policy you warrant and represent that you are at least 18 years of age.

(2) General restrictions

You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website or any of the areas of, or services on, the Website.

You must not use our Website:

1. in any way that is unlawful, illegal, fraudulent or harmful; or
2. in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, publish, adapt, translate and distribute your Content on and in relation to the Website / in any existing and future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

(3) Licence

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, publish, adapt, translate and distribute your Content on and in relation to the Website / in any existing and future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

(4) Unlawful and illegal material

You must not use our Website to store, host, copy, distribute, display, publish, transmit or send Content that is illegal or unlawful, or that will or may infringe a third party's legal rights, or that could give rise to legal action whether against you or us or a third party (in each case, in any jurisdiction and under any applicable law).

Content (and its publication on the Website) must not:

1. be libellous or maliciously false;
2. be obscene or indecent;
3. infringe any copyright, moral rights, database rights, trade mark rights, design rights, rights in passing off or other intellectual property rights;
4. infringe any rights of confidence, rights of privacy or rights under data protection legislation;
5. constitute negligent advice or contain any negligent statement;
6. constitute an incitement to commit a crime;
7. be in contempt of any court, or in breach of any court order;
8. be in breach of racial or religious hatred legislation or discrimination legislation;
9. be blasphemous;
10. be in breach of official secrets legislation; or
11. be in breach of any contractual obligation owed to any person.

You must not submit any Content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

(5) Data mining

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.

(6) Graphic material

Content must not depict violence in an explicit, graphic or gratuitous manner.

Content must not be pornographic or sexually explicit, or consist of or include explicit, graphic or gratuitous material of a sexual nature.

(7) Harmful software

You must not use the Website to promote or distribute any viruses, Trojans, worms, root kits, spyware, [adware] or other harmful software, programs, routines, applications or technologies.

You must not use the Website to promote or distribute any software, programs, routines, applications or technologies that will or may negatively affect the performance of a computer or introduce significant security risks to a computer.

(8) Factual accuracy

Content must not be untrue, false, inaccurate or misleading.

Statements of fact contained in the Content must be true; and statements of opinion contained in the Content must be truly held and, where possible, based upon facts that are true.

(9) Negligent advice

Content must not consist of or contain any instructions, advice or other information that may be acted upon and could, if acted upon, cause:

1. illness, injury or death; or
2. any other loss or damage.

(10) Marketing and spam

You must not use our Website for any purposes related to marketing, advertising, promotion, or the supply and/or sale of goods and/or services except advertising provided by CandyMC.

Content must not constitute spam.

You must not use our Website to transmit or send unsolicited commercial communications.

You must not send any spam or marketing communications to any email addresses obtained from our Website.

You must not use our Website to market, distribute or post chain letters, Ponzi schemes, pyramid schemes, matrix programs, "get rich quick" schemes or similar schemes, programs or materials.

(11) Gambling

You must not use our Website for any purpose related to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.

(12) Professional advice

You must not use our Website to provide any legal, financial, investment, taxation, accountancy, medical or other professional advice or advisory services. MOJ approved standard reports provided directly to client are covered exempted.

(13) Netiquette

Content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

Content must not be grossly offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.

Content should not cause annoyance, inconvenience or needless anxiety.

Do not flame or conduct flame wars on our Website ("flaming" being the sending of hostile messages intended to insult, in particular where the message is directed at a particular person or group of people).

Do not troll on our Website ("trolling" being the practice of deliberately upsetting or offending other users).

Do not flood our Website with Content focusing upon one particular subject or subject area, whether alone or in coordination with other users.

Content must not duplicate existing Content on our Website.

You must submit Content to the appropriate part of the Website.

Do not unnecessarily submit textual content in CAPITAL LETTERS.

You should use appropriate and informative titles for all Content.

You must at all times be courteous and polite to other Website users.

(14) Hyperlinks

You must not link to any website or web page containing material that would, were it posted on the Website, breach the terms of this Policy.

(15) Breaches of this Policy

We reserve the right to edit or remove any Content in our sole discretion for any reason, without notice or explanation.

Without prejudice to this general right, if you breach this Policy in any way, or if we reasonably suspect that you have breached this Policy in any way, we may:

1. delete or edit any of your Content;
2. send you one or more formal warnings;
3. temporarily suspend your access to a part or all of the Website;
4. permanently prohibit you from using a part or all of the Website;
5. block computers using your Internet Protocol address from accessing the Website;
6. contact your internet services provider and request that they block your access to the Website; and/or
7. bring court proceedings against you for breach of contract or otherwise.

(16) Banned users

Where we suspend or prohibit your access to the Website or a part of the Website, you must not take any action to circumvent such suspension or prohibition including without limitation using a different account.

(17) Monitoring

We monitor the users and use of the website and may collect following details:

IP address of the users at the time of signup and at the time of each login.

Unsuccessful and successful login attempts.

Navigation and usage behaviour.

If we detect any suspicious activity on the website, we will deal with such user as per policy above.

(18) Applicable law

This Policy will be governed by and construed in accordance with law.

2. Registrations

(1) Registration of Medical Experts and Medical Agencies

In these terms, “subscription” means a right to access the restricted areas of our website described in this Section 1, and “subscriber” means a person who has such a right by virtue of this Section 1, subscribers include but not limited to Experts (Medics, Physiotherapists, and Psychotherapists etc.), Medical Agencies and recruitment agencies.

Access to certain areas of our website is restricted to subscribers. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

You may become a subscriber by: Registering your details on the website. The registration is available only for experts’ witnesses and rehabilitation providers who want to book appointments for their private clients and through medical and Medicolegal agencies and for medical and Medicolegal agencies who wish to book appointments with the experts on the website. Registration is not for any other group and you cannot register yourself for any other purpose other than stated above.

You will have the opportunity to identify and correct input errors apart from user name and registered email address in your profile page in the system.

We will not file a copy of these terms of use specifically in relation to each subscriber and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that subscribers print and file a copy of these terms of use for future reference.

We will not file a copy of these terms of use specifically in relation to each subscriber and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that subscribers print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only.

The subscription is currently free of charge.

Your subscription will be activated automatically receipt of your subscription application. Your subscription will continue for indefinite period, subject to early termination in accordance with these terms of use.

Each subscriber will choose a login and password to enable the subscriber to access the restricted areas of our website. Subscribers must ensure that their login and password details are kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your login or password. You are responsible for any activity on our website arising out of any failure to keep your login and password confidential, and may be held liable for any losses arising out of such a failure.

You must not use any other person's login and password to access our website unless you have that person's express permission to do so (for example in case you are a secretary of medical expert who has subscription or you are a case handler in a Medicolegal agency. During the period of your subscription, you will be able to access, using the login and password details that we provide to you, the diary and booking systems on the website.

If you are registering as a subscriber, you may cancel a subscription at any time, upon termination of your subscription, you cases in the system will not be available to you to view and the data will be our property.

(2) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

1. send you one or more formal warnings;
2. temporarily suspend your access to the website;
3. permanently prohibit you from accessing the website;
4. block computers using your IP address from accessing the website;
5. contact your internet services provider and request that they block your access to the website;
6. bring court proceedings against you for breach of contract or otherwise;
7. suspend and/or delete your account with the website; and/or
8. delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

In addition to our rights and remedies above, if a subscriber breaches these terms of use in any way, or if we reasonably suspect that a subscriber has breached these terms of use in any way, we may cancel the subscriber's subscription. Where we cancel your subscription for this reason, or take any other action against you under this Section, we will not be responsible for any loss or damages incurred.

We may also cancel subscriptions on written notice without cause.

(3) Trade marks

Our logo and name are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

3. Medical Disclaimer

(1) No advice

This website contains general information about medical experts, medical agencies and may be about some conditions and treatments. The information is not advice and should not be treated as such.

(2) No warranties

The medical information on this website is provided without any representations or warranties, express or implied. We make no representations or warranties in relation to the medical information on this website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant or represent that the medical information on this website:

1. (a) will be constantly available, or available at all; or
2. (b) is complete, true, accurate, up to date or non-misleading.

(3) Professional assistance

You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider.

If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

If you think you may be suffering from any medical condition, you should seek immediate medical attention.

You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on this website.

(4) Limiting our liability

Nothing in this medical disclaimer will:

1. limit or exclude our liability for death or personal injury resulting from negligence;
2. limit or exclude our liability for fraud or fraudulent misrepresentation;
3. limit any of our liabilities in any way that is not permitted under applicable law; or
4. exclude any of our liabilities that may not be excluded under applicable law.

4. Legal Disclaimer

(1) No advice

This website contains general information about the law and lawyers or legal professional and practices. The information is not advice and should not be treated as such.

(2) No warranties

The legal information on this website is provided without any representations or warranties, express or implied. We make no representations or warranties in relation to the legal information on this website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant or represent that:

1. the legal information on this website will be constantly available or available at all; or
2. the legal information on this website is complete, true, accurate, up to date or non-misleading.

No lawyer-client relationship

No lawyer-client, solicitor-client or attorney-client relationship shall be created through the use of our website.

(4) Interactive features

Our website includes interactive features that allow users to communicate with us.

You acknowledge that, because of the limited nature of such communication, any legal assistance you may receive using any such facility is likely to be incomplete and may be misleading.

Any legal assistance you may receive using any such facility does not constitute legal advice and accordingly should not be relied upon.

(5) Professional assistance

You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.

If you have any specific questions about any legal matter, you should consult your lawyer or other professional legal services provider.

You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

(6) Limiting our liability

Nothing in this legal disclaimer will:

1. limit or exclude our liability for death or personal injury resulting from negligence;
2. limit or exclude our liability for fraud or fraudulent misrepresentation;
3. limit any of our liabilities in any way that is not permitted under applicable law; or
4. exclude any of our liabilities that may not be excluded under applicable law.

5. Website disclaimer

(1) Introduction

This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, you must not use our website.

(2) Intellectual property rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

(3) Licence to use website

You may view, download for caching purposes only, and print pages [or [other content]] from the website for your own personal use, subject to the restrictions below.

You must not:

1. republish material from this website (including republication on another website);
2. sell, rent or otherwise sub-license material from the website;
3. show any material from the website in public;
4. reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
5. edit or otherwise modify any material on the website; or]
6. redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter)

(4) Limitation and exclusion of warranties and liability

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Nothing in this disclaimer will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To make it clear, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(5) Variation

We may revise this disclaimer from time to time. The revised disclaimer will apply to the use of our website from the date of the publication of the revised disclaimer on our website.

(6) Law and jurisdiction

This disclaimer will be governed by and construed in accordance with law, and any disputes relating to this disclaimer will be subject to the exclusive jurisdiction of the courts.

6. Copyright

Copyright © 2010-2013 – CandyMC

(1) Ownership of copyright

We and our licensors own the copyright in:

1. this website; and
2. the material on this website (including, without limitation, the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website).

(2) Copyright licence

We grant to you a worldwide, non-exclusive, royalty-free, revocable licence to:

1. view this website and the material on this website on a computer or mobile device via a web browser;
2. copy and store this website and the material on this website in your web browser cache memory; and
3. Use software system on this website for your own use to manage diary or search and book appointments.

We do not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public this website or the material on this website (in any form or media) without our prior written permission.

(3) Data mining

The automated and/or systematic collection of data from this website is prohibited. Copying of experts or medical agencies manually or using automated programs for offline use is prohibited.

(4) Permissions

You may request permission to use the copyright materials on this website by writing to info@CandyMC.co.uk.

(5) Enforcement of copyright

We take the protection of our copyright very seriously.

If we discover that you have used our copyright materials in contravention of the licence above, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of our copyright materials that contravenes or may contravene the licence above, please report this by email to above email address.

(6) Infringing material

If you become aware of any material on our website that you believe infringes your or any other person's copyright, please report this by email to above email address.

7. Access to your information

we are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual users. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any actions of misuse or unauthorised access with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

8. Confidentiality

We and our licensees are registered under the Data Protection Act in the country of operation and as such, any information concerning the users and their respective Client Records will not be passed to third parties other than corresponding experts, their reporting systems companies/servers or the instructing agencies and their employees or handlers. This is because client records are regarded as confidential and therefore will not be divulged to any third party, other than mentioned before unless if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

9. Availability

Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any information on the doctors, agencies or other parties and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of CandyMC. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

10. Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company and licensees on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

11. Cookies

Like most interactive web sites CandyMC uses cookies to enable us to retrieve user details for each visit if you chose to save password in your browser. Cookies are not used in any other areas of our site.

12. Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

13.Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

14.Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

15.Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

16.Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

17.Notification of Changes

we reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

18.Special Terms

You are bound to keep your login information to yourself or within your company. You cannot share your user details with any third party even if they are in similar business as you. However you can invite them to join CandyMC for free. Only Medical experts and Medicolegal Agencies can register with CandyMC to genuinely use for adding appointments and search and book appointments. No other third party is allowed to register or use the system. You cannot copy experts or companies for any offline use. You cannot take any screenshots of the system at any time.

CandyMC is an appointment booking system; we are not responsible for the dealings between agencies and experts. You agree to ensure that you have clarified terms with expert or agency and have necessary contractual documentation in place. CandyMC takes no responsibility of breach of contracts between experts and agencies.

It is responsibility of experts to provide correct personal and professional information, however it is agencies’ responsibility to ensure suitability of the expert for your case and check necessary registrations and certifications. We do not verify qualifications, certifications or even GMC registration of the experts.

19.Entire agreement

This document constitutes the entire agreement between you and us in relation to your use of our website and software and supersedes all previous agreements in respect of your use of our website, online system, software and services.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or registering or logging into website or undertaking any usage of system including but not limited to creating and maintain diaries, search or creating appointments indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.