August 2024

1. About our terms

1.1 These terms and conditions of use (Terms) explain how you may use this website and any of its content (Site). These Terms apply between Oxford Medical Simulation Limited, and our group companies from time to time, including Oxford Medical Simulation Inc (OMS, we, us or our) and you, the person accessing or using the Site (you or your).

1.2 You should read these Terms carefully before using the Site. By using the Site, or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.

1.3 These Terms apply to any parts of the Site, its functionality and content provided to you free of charge for information.

1.4 If you use this site to access any of our software or services, separate terms and conditions will apply. These terms are set out at Section 7 below.

2. About us

2.1 We are Oxford Medical Simulation Ltd, a company registered in England and Wales under company registration number 10587122. Our registered office is at 201 Borough High Street, London, England, SE1 1JA.

2.2 If you have any questions about the Site, please contact us by sending an email to [email protected].

3.1 The Site is for your personal use only.

3.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

3.3 We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

3.4 We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [email protected].

3.5 As a condition of your use of the Site, you agree to comply with our Acceptable Use Policy, below, and agree not to:

3.5.1 misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or

3.5.2 attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.

3.6 We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.

4. Registration and password security

4.1 Use of the Site may require registration, particularly in order to access restricted areas of the Site.

4.2 We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.

4.3 You are responsible for making sure that your password and any other account details are kept secure and confidential.

4.4 If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

4.5 Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy.

5. Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

6. Ownership, use and intellectual property rights

6.1 The intellectual property rights in the Site and in any text, software, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.

6.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

6.3 Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.

6.4 Copyright Infringement: It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please notify us through the process set forth below. If we determine, based on our sole discretion that you are a repeat offender under the U.S. DMCA or other relevant copyright protection legislation, all your content will be removed, and we reserve the right to take whatever other actions we deem necessary, including notifying the appropriate government authorities. We may at our sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any of our intellectual property rights or those of others (including, but not limited to, our Affiliates), whether or not there is any repeat infringement.

WRITTEN NOTICE OF ANY CLAIMED COPYRIGHT INFRINGEMENT MUST BE SUBMITTED TO THE DESIGNATED AGENT NAMED BELOW. ANY NOTICE SENT TO THE DESIGNATED AGENT MUST MEET THE REQUIREMENTS OF THE ACT.

Designated to Receive Notification of Claimed Infringement:

Name: Ben King, General Counsel

Address: 201 Borough High Street, London, SE1 1JA

E-mail: [email protected] 

Note: any email notifications should include “notice of alleged service provider infringement” in the subject line of the email.

Such notice must include the following information:

(a) The name, address, and electronic signature of the complaining party.

(b) A description of the infringing materials and a link to the infringing materials, or if a link is not available a description of the location of these materials on the website.

(c) Sufficient information to identify the copyrighted works.

(d) A statement by the copyright owner that the copyright owner has a good faith belief that there is no legal basis for the use of the materials complained of.

(e) A statement of the accuracy of the statements made and, under penalty of perjury, a statement that the complaining party is authorized to act on the behalf of the copyright owner.

Once proper notice is given, we will take the material down. A party whose material was removed improperly may send counter notice to the above-referenced address. Counter-notice must including the following:

(a) The sender’s name, address, phone number and physical or electronic signature.

(b) Identification of the material and its location prior to removal.

(c) A statement under penalty of perjury that the material was removed by mistake or misidentification.

(d) The sender’s consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body.

6.5 Trade Marks: Oxford Medical Simulation, OMS, the Oxford Medical Simulation logo, and all other product and service names, logos and slogans contained in or displayed the Site are our (or our and licensors’) trademarks or service marks and may not be used, in whole or in part, without our prior written consent. You may not use any metatags or any other hidden text utilizing OMS or any other of our names, trademarks, service marks or products or service names, without our prior written consent or the applicable trademark holder’s. The look and feel of the Site, including, but not limited to, all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or otherwise used, in whole or in part, without our prior written consent.

7. Software and services

7.1 Our simulation software (OMS Software) may be made available for you to download or access where you or the institution or company with which you are associated has a contract with us to provide our software and services. When you download or access OMS Software through the Site, you will be granted a limited, non-exclusive licence to use any such software, subject to you agreeing to our End User Licence Agreement (or EULA).

7.2 You will be asked to agree to the terms of the EULA when you try to download or access the OMS Software. If you do not accept such terms and conditions, you will not be able to download or access the OMS Software.

7.3 You should read any terms and conditions carefully. They may contain provisions that set out your legal rights, your legal responsibilities when using the OMS Software, our legal responsibilities and any limitations on our legal responsibilities to you.

7.4 Using the OMS Software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms or the EULA, or any other terms and conditions that apply to it) is expressly prohibited and may result in civil and criminal penalties.

8. Submitting information to the site

8.1 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.

8.2 Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

8.3 By submitting any information (other than personal information) to the Site, you represent, warrant, and promise to us that you have provided notice as required under applicable law and obtained all consents, releases and licences from any and all persons and entities that appear in any content you post, or that have any interest in any content you post. We shall not be responsible for obtaining any permissions, releases, licences, or consents for any content you post to the Site.

8.4 By submitting any information (other than personal information) to the Site, you grant us a perpetual, non-exclusive, royalty-free right to use, publish, distribute, reproduce, perform, adapt and display such content on the Site. You further understand and agree that, to help ensure smooth operation of the Site, we may keep backup copies of such content indefinitely.

9. Accuracy of information and availability of the site

9.1 WE TRY TO MAKE SURE THAT THE SITE IS ACCURATE, UP-TO-DATE AND FREE FROM BUGS, BUT WE CANNOT PROMISE THAT IT WILL BE. FURTHERMORE, WE CANNOT PROMISE THAT THE SITE WILL BE FIT OR SUITABLE FOR ANY PURPOSE. ANY RELIANCE THAT YOU MAY PLACE ON THE INFORMATION ON THE SITE IS AT YOUR OWN RISK.

9.2 SUBJECT ALWAYS TO ANY OTHER WRITTEN AGREEMENT TO WHICH WE ARE A PARTY TO, WE MAY SUSPEND OR TERMINATE ACCESS OR OPERATION OF THE SITE AT ANY TIME AS WE SEE FIT.

9.3 ANY CONTENT IS PROVIDED FOR YOUR GENERAL INFORMATION PURPOSES ONLY AND TO INFORM YOU ABOUT US AND OUR PRODUCTS AND NEWS, FEATURES, SERVICES AND OTHER WEBSITES THAT MAY BE OF INTEREST, BUT HAS NOT BEEN TAILORED TO YOUR SPECIFIC REQUIREMENTS OR CIRCUMSTANCES. IT DOES NOT CONSTITUTE TECHNICAL, FINANCIAL OR LEGAL ADVICE OR ANY OTHER TYPE OF ADVICE AND SHOULD NOT BE RELIED ON FOR ANY PURPOSES. YOU SHOULD ALWAYS USE YOUR OWN INDEPENDENT JUDGEMENT WHEN USING OUR SITE AND ITS CONTENT.

9.4 WHILE WE TRY TO MAKE SURE THAT THE SITE IS AVAILABLE FOR YOUR USE, AND SUBJECT ALWAYS TO ANY OTHER WRITTEN AGREEMENT WE ARE A PARTY TO, WE DO NOT PROMISE THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED.

10. Hyperlinks and third party sites

THE SITE MAY CONTAIN HYPERLINKS OR REFERENCES TO THIRD PARTY ADVERTISING AND WEBSITES OTHER THAN THE SITE. ANY SUCH HYPERLINKS OR REFERENCES ARE PROVIDED FOR YOUR CONVENIENCE ONLY. WE HAVE NO CONTROL OVER THIRD PARTY ADVERTISING OR WEBSITES AND ACCEPT NO LEGAL RESPONSIBILITY FOR ANY CONTENT, MATERIAL OR INFORMATION CONTAINED IN THEM. THE DISPLAY OF ANY HYPERLINK AND REFERENCE TO ANY THIRD PARTY ADVERTISING OR WEBSITE DOES NOT MEAN THAT WE ENDORSE THAT THIRD PARTY’S WEBSITE, PRODUCTS OR SERVICES. YOUR USE OF A THIRD PARTY SITE MAY BE GOVERNED BY THE TERMS AND CONDITIONS OF THAT THIRD-PARTY SITE AND IS AT YOUR OWN RISK.

11. Limitation on our liability

11.1 SUBJECT TO ANY OTHER WRITTEN AGREEMENT TO WHICH WE ARE A PARTY, AND WITHOUT EXCLUSION OF ANY LIABILITY WHICH CANNOT BE EXCLUDED UNDER ANY APPLICABLE LAW (SUCH AS FOR PERSONAL INJURY OR DEATH), IN NO EVENT WILL WE, OUR AFFILIATES, LICENSORS, OR OUR OR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE THE SITE, THE MATERIALS, THE CONTENT OR OTHER INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS OF USE FOR ANY CLAIMS IS LIMITED TO THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE SITE, THE MATERIALS, AND/OR THE CONTENT AT ISSUE. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT.

11.2 CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12. Events beyond our control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

13. Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

14. Variation

14.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this Section 14.

14.2 We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

15. Disputes

15.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.

15.2 IF YOU ACCESS THIS SITE FROM ANYWHERE EXCEPT FROM WITHIN THE UNITED STATES OF AMERICA: English law will apply to these Terms. If you want to take court proceedings, the courts of England and Wales will have non-exclusive jurisdiction in relation to these Terms.

15.3 IF YOU ACCESS THIS SITE FROM WITHIN THE UNITED STATES OF AMERICA: The content, data, video, and all other material and features on the Websites are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Websites, and/or the provision of content, services, and/or technology on or through the Websites shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Delaware applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions. The application of the Uniform Computer Information Transactions Act is expressly excluded.

OMS WEBSITE ACCEPTABLE USE POLICY

August 2024

1. About this policy

1.1 Together with our Website Terms of Use, this acceptable use policy (Policy) governs how you may access and use this website and any of its content (Site).

1.2 You should read this Policy carefully before using the Site.

1.3 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by this Policy, which supplements our Website Terms of Use. If you do not agree with or accept any part of this Policy, you should stop using the Site immediately.

1.4 If you have any questions about this Policy, please contact us at [email protected].

1.5 In this Policy:

OMS, we, us or our’ means Oxford Medical Simulation Ltd, a company registered in England and Wales under company registration number 10587122, with our registered office at 201 Borough High Street, London, England, SE1 1JA, and our group companies from time to time, including Oxford Medical Simulation Inc.; and

you or your means the person accessing or using the Site or its content.

2. Acceptable use

We permit you to use the Site only for personal purposes and primarily for accessing information about our products, or to access our medical simulation software (the OMS Software). Use of the Site in any other way, including any unacceptable use set out in this Policy, is not permitted.

3. Unacceptable use

3.1 As a condition of your use of the Site, you agree not to use the Site:

3.1.1 for any purpose that is unlawful under any applicable law or prohibited by this Policy or our Website Terms of Use, above;

3.1.2 to commit any act of fraud;

3.1.3 to distribute viruses or malware or other similar harmful software code;

3.1.4 for purposes of promoting unsolicited advertising or sending spam;

3.1.5 to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

3.1.6 in any manner that disrupts the operation of our Site or business or the website or business of any other entity;

3.1.7 in any manner that harms minors;

3.1.8 to promote any unlawful activity;

3.1.9 to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;

3.1.10 to gain unauthorised access to or use of computers, data, systems, accounts or networks; or

3.1.11 to attempt to circumvent password or user authentication methods.

4. Bulletin boards, chat rooms and other interactive services

4.1 We may make bulletin boards, chat rooms or other communication services (Interactive Services) available on the Site.

4.2 We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material (Submission) submitted to our Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.

4.3 We may remove or edit any Submission to any of our Interactive Services whether they are moderated or not.

4.4 Any Submission you make must comply with our Submission standards set out in clause 5 below.

4.5 By making a Submission, you grant to us a royalty-free, irrevocable, non-exclusive, transferable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Submission (in whole or in part) on the Site, and on any other websites operated by us, indefinitely.

5. Submission standards

5.1 Any Submission you make to our Interactive Services and any other communication to users of our Site by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably.

5.2 In particular, any Submission or communication by you must be:

5.2.1 your own original work and lawfully submitted;

5.2.2 factually accurate or your own genuinely held belief;

5.2.3 provided with the necessary consent of any third party;

5.2.4 not defamatory or likely to give rise to an allegation of defamation;

5.2.5 not offensive, obscene, sexually explicit, discriminatory or deceptive; and

5.2.6 unlikely to cause offence, embarrassment or annoyance to others.

6. Linking and framing

6.1 You may create a link to our Site from another website without our prior written consent provided no such link:

6.1.1 creates a frame or any other browser or border environment around the content of our Site;

6.1.2 implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;

6.1.3 displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or

6.1.4 is placed on a website that itself breaches this Policy.

6.2 We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

7. Using our name and logo

You may not use our trade marks, logos or trade names except in accordance with this Policy and our Website Terms of Use.

8. Breach

We shall apply the terms of this Policy in our absolute discretion. In the event of your breach of this Policy we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions or any other communication to users of our Site by you to law enforcement authorities or take any action we consider necessary to remedy the breach.