Product Terms & Conditions
The Medic Portal Ltd’s Products & Courses Terms and Conditions
Please read these Terms and Conditions carefully before purchasing a Course and print off a copy for your records. The Medic Portal (TMP) will not file or otherwise keep a copy of the agreement concluded between you and TMP and a copy of the concluded agreement will not be available from TMP at a future time and date. By ordering a Course, you are confirming your agreement to be bound by these Terms and Conditions.
www.themedicportal.com is operated by The Medic Portal, a trading name of The Career Portal Limited, whose registered office is 14 Waterloo Pl, St. James’s, London SW1Y 4AR, Customer Services telephone number +44 (0) 20 8834 4579.
“Additional Charges” means any amounts payable which are not Fees and may include, but are not limited to, payment for the delivery of Study Materials, any administration charge for switching location of a Course, and any import duties, taxes and customs clearances which may be payable;
“Brochure” means any online or hard copy document that is produced by TMP to provide detailed information with respect to the Courses these Terms cover;
“Cancellation Period” means a period of 14 calendar days from the date on which the contract is concluded. See Clause 4 below for further details;
“Classroom Course” means a classroom based course and the Study Materials to be provided by TMP if applicable;
“Course” means either a Classroom Course and/or an Online Course whichever is purchased by you;
“Fee” means the fee payable for the Course and/or Study Materials but excludes Additional Charges;
“Online Study Materials” means, but is not limited to, Online Tests, Question Banks, Online Tutorials and Online Downloads;
“Outbound Delivery Charges” means the postal charge incurred by you for the delivery of any Study Materials to you;
“Study Materials” means, but is not limited to, Workbooks, Question Banks, Review Exercises, Mock Exams (papers and suggested solutions), Online Study Materials, eBooks and Study Texts;
“Website” means www.themedicportal.com; and “you” means the individual purchasing the Course.
2. Ordering Procedure
2.1 Ordering via the Website
2.1.1 In order to purchase a Course via the Website you must register for an online TMP account via the Website. If you already have an online TMP account, you can log onto your account using the user name and password that you were provided with when you registered.
2.1.2 When purchasing a Course via the Website, you can change your order at any time up to the point at which you confirm your purchase by submitting your payment details.
2.2 Ordering via postal application, email or telephone
2.2.1 You do not need to be registered for an online TMP account in order to purchase a Course via postal application, email or by telephone.
2.3 When you place an order for a Course (either via the Website, by postal application, email or by telephoning TMP Customer Services) you are offering to purchase that Course on these Terms. TMP reserves the right to decline or cancel your order, or any part of your order.
2.4 Following receipt by TMP of your order for a Course via the Website, postal application, email or by telephone you will receive an email confirming that your order has been received by TMP. Your order will be subject to acceptance by TMP of your offer to purchase in accordance with Clause 2.5 below.
2.5 A legally binding agreement shall not come into existence until TMP has accepted your offer to purchase a Course by:
(i) sending you a separate order acceptance confirmation email or written order acceptance confirmation by post, which will be effective upon sending or posting to you at the email or postal address you have provided, and
(ii) receiving payment for the Course in cleared funds from yourself or if applicable your employer in accordance with Clause 3.6 below. For payments by cheque, cleared funds means 5 days after receipt of the cheque by TMP.
2.6 Where your order consists of multiple Courses, each individual Course will be treated by TMP as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Courses will not be an acceptance by TMP of your offer to purchase any other Courses which make up your order.
2.7 TMP reserves the right to withdraw at any time Courses advertised for sale on the Website and/or the Brochure.
3. Payment Terms
3.1 The Fee for any Course at any given time will be displayed on the Website and the Brochure and/or will be notified to you by a TMP Customer Services representative. Fees are quoted in pounds sterling, inclusive of VAT but exclusive of any Additional Charges.
3.2 If you purchase a Course on the Website:
3.2.1 the Fee including VAT and any delivery charges payable in relation to delivery of Study Materials, if applicable, will be shown prior to completion of the online transaction; and
3.2.2 TMP will debit the Fee from your credit card or debit card on or after the day you make an order for a Course. Credit or debit card details are collected over a secure link and an authorised amount verification is taken immediately. Your order will be confirmed only upon receipt of the Fee in cleared funds by TMP and will be subject to acceptance of your offer to purchase by TMP in accordance with Clause 2.5.
3.3. If you are ordering the Course by telephone, email or post:
3.3.1 the Fee is either set out in the Brochure and/or on the Website and/or will be notified to you by a TMP Customer Services representative. Delivery charges payable in relation to delivery of Study Materials, if applicable, are order specific and may vary, the correct delivery charges for your particular order can be confirmed by contacting a TMP Customer Services representative;
3.3.2 if you are paying for the Fee on your own account, payment is due from you immediately by either credit or debit card or cheque. Your order will be subject to acceptance by TMP of your offer to purchase in accordance with Clause 25;
3.4 TMP reserves the right from time to time to change the amount of the Fee. In the unlikely event that due to a technical error, the amount of the Fee displayed on the Website or in the Brochure is incorrect, or the Fee has been changed on the Website but the Brochure is out of date, TMP will notify you as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Website and/or in the Brochure, TMP will contact you to notify you of the correct Fee, so you can decide whether or not you wish to continue with your order of the Course at the increased Fee.
3.5 Pursuant to Clause 3.4 if you decide you want to cancel your order TMP will give you a full refund in respect of any amount you have already paid in accordance with Clause 4. If the correct Fee is lower, TMP will refund you the difference only between the amount which you have paid and the correct Fee payable.
3.6 The provision of the Course is contingent upon TMP having received cleared funds from you in respect of the Fee for the relevant Course. Without prejudice to TMP’s rights and remedies under these Terms, if any sum payable is not paid in cleared funds on or before the due date (being the date the Course is booked if you are responsible for paying the Fee), TMP reserves the right, forthwith and at TMP’s sole discretion, to suspend the provision to you and refuse you entry to the relevant Course.
3.7 No Study Materials will be dispatched to you by TMP or be made available for collection, unless TMP has received full payment in cleared funds from you in respect of the related Fee.
4. Cancellation Rights
4.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Consumer Contracts Regulations) you may cancel your purchase of the Course within a period of 14 calendar days (Cancellation Period) from the date on which the contract is concluded subject to Clauses 4.8 and 4.9.
4.2 You must inform TMP of your decision to cancel, within the Cancellation Period, in the following manner:
4.2.1 Completing the Cancellation Request Form
4.3 If you cancel your purchase you must return any Study Materials you may have received from TMP without undue delay and not later than 14 calendar days after you inform TMP of the cancellation to, The Medic Portal, 14 Waterloo Pl, St. James’s, London SW1Y 4AR, in a reasonable and resaleable condition. You will be liable for the cost of returning any goods to TMP unless TMP has agreed otherwise in writing.
4.4. TMP reserves the right to withhold payment of part or all of your Fee refund until all Study Materials have been returned in accordance with Clause 4.3 above or if Study Materials are not returned in a re-saleable condition.
4.5 On cancellation you will be entitled to a full refund of the Fees and the Outbound Delivery Costs subject to the following limitations:
4.5.1 In relation to Outbound Delivery Costs, the refund amount will be capped at the cost of a standard postal method fee; and
4.5.2 If the value of the goods has been diminished by your handling, TMP may recover the amount of this diminished value by deducting this amount from your refund.
4.6 Refunds will be made using the same method of payment as you used for the purchase and subject to Clauses 4.3 and 4.4, will be paid within 14 days of you informing TMP of the cancellation. The period for refund will increase to 30 days if TMP is unable to credit a UK bank account.
4.7 Your right to cancel and obtain any refund will be lost if you have given TMP express consent to supply any services during the Cancellation Period and the service has been fully performed. If express consent has been given but the service is only part performed, you will be liable to pay for the services actually received.
4.8 If the contract is for the supply of digital content including but not limited to Online Course, the Classroom Course when provided via live webinar, and Online Study Materials your right to cancel and obtain any refund will be lost if you have given TMP express consent to supply the digital content to you during the Cancellation Period or if you access the digital content before the expiry of the Cancellation Period.
4.9 For further details of your rights under the Consumer Contracts Regulations you can visit your local Citizens’ Advice Bureau or visit the Competition and Markets Authority website.
4.10 Your order of a Course is personal to you and you will not be permitted to transfer your enrollment on a Course to any other student.
4.11 TMP reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clause 4 and Clause 5 and to charge additional fees in any such event.
5. Additional Cancellation Information, Refund and Deferral Policy
5.1 Cancellation Policy for Courses
5.1.1 TMP reserves the right to cancel a Course at any time up to one working day prior to the commencement of such a Course. If TMP cancel a Course, you will be entitled to a refund of any Fees paid in accordance with Clause 4.6. For the avoidance of doubt, a Classroom Course will not be considered cancelled if the Course is provided via a live webinar.
5.1.2 You must inform TMP as soon as reasonably possible if you decide that you will no longer be attending a Course. If you decide you will not be attending a Course after the Cancellation Period, you will not be required to return any Study Materials that you have already received.
5.2 Deferral Policy for Courses
5.2.1 Any request to defer or change the start date of the Course from the date which was originally booked must be submitted via this form. Requests to change course dates will be reviewed on a case-by-case basis, and TMP does not guarantee to enact your request.
5.2.2 If Study Materials accompany your Classroom Course and these have been dispatched to you prior to your request to defer your place on the Classroom Course, TMP will be under no obligation to provide you with any revised or updated Study Materials relating to your deferred Classroom Course and any additional Study Materials required by you will need to be purchased by you prior to commencing your deferred Classroom Course.
5.2.3 You must request to defer your order pursuant to Clause 5.2 via this form.
5.3 Cancellation Policy for Tutoring
5.3.1 Any changes to scheduled appointments must be made at least 24 hours prior to the original appointment time, and no later than Friday at 5pm for Sunday and Monday appointments. You must notify TMP by phone at +44 (0)20 8834 4579, or by e-mail at [email protected], between the hours of 9am – 5pm (London UK time). You will be charged for one full hour at the applicable rate if you fail to abide by this cancellation/rescheduling policy. You will forfeit the time that you miss if you are late to your scheduled appointment, with such time to be charged at applicable rates.
6. Study Materials
6.1 Where hard copy Study Materials accompany the Classroom Course, these Study Materials will be made available to you at the relevant premises where the Classroom Course is to take place and at the relevant time.
6.1.1 Notwithstanding clause 6.1, in the event that TMP are unable to dispatch the hard copy Study Materials to you in the time between you booking the Classroom Course and receiving the Classroom Course by live webinar, you may receive the Study Materials after the live webinar has taken place.
6.2 When ordering goods from TMP for delivery (other than in the UK) you may be subject to import duties and taxes, which are levied once the goods reach the specified destination. Any additional charges for customs clearance must be borne by you; TMP has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when you order Study Materials from TMP, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
6.3 Risk of damage to, or loss of, any Study Materials, or any physical media on which Study Materials are stored, shall pass from TMP to you on delivery. Ownership of the Study Materials will pass to you on the later of receipt of payment by TMP in full of all sums due to TMP in respect of the Study Materials, and, delivery of the Study Materials to you.
6.4 TMP must be notified of any queries, complaints or short or incorrect deliveries within 14 days of you receiving the Study Materials. If you do not notify TMP within this time period, TMP will not be obliged to correct your order and will not be responsible for any loss or damage suffered by you as a result.
7. Classroom Courses, Online Course Content and Access Terms
7.1 Please see the description of the Course on the Website and/or in the Brochure for details of the contents of the available Courses.
7.2 Except as set out in the description of the Course on the , no additional Study Materials and/or tuition (either online, face to face or classroom) will be provided by TMP.
7.3 You acknowledge that TMP operates a zero tolerance policy in relation to inappropriate behaviour of students. In particular abusive or violent behaviour directed at TMP’s staff or other students and unfair or dishonest practices, will not be tolerated under any circumstances. TMP may at its reasonable discretion and without liability or an obligation to refund Fees, refuse to supply any Classroom Course to any student and may refuse to admit to, and may remove from any TMP premises, any student whose participation in any Classroom Course would, in TMP’s reasonable opinion, be undesirable or whose behaviour TMP considers is or may be in breach of this Agreement.
7.4 In relation to Online Courses only the following points apply:
7.4.1 Upon receipt of a confirmation email from TMP you will be notified when you have access to the Online Course purchased and for the length of time such access will be made available to you, unless any such Online Course is removed.
7.4.2 The receipt of an Online Course is personal to you and you may not transfer your rights to access the Online Course or provide an Online Course to any other person.
7.4.3 You may incur charges to your internet service provider while you are accessing and/or downloading the Study Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Study Materials. You are responsible to pay these charges.
7.5 In relation to Classroom Courses only the following points apply:
7.5.1 Where the Classroom Course is available both on the premises and by live webinar, you will have the option to choose between receiving the Classroom Course on the premises or by live webinar. This is subject to the following:
126.96.36.199 TMP’s ultimate discretion to choose how you will receive the Classroom Course; and
188.8.131.52 If your chosen method of receiving the Classroom Course becomes unavailable after you have made your choice, then TMP can require you to receive the Classroom Course via the available method.
7.5.2 Where you have chosen to receive the Classroom Course on the premises, you will be asked to choose a specific location. If that location is not available, you will receive the Classroom Course via live webinar.
7.5.3 Where the Classroom Course is only available either on the premises or by live webinar, you will be required to receive the Classroom Course via the method available.
7.5.4 Whether you receive the Classroom Course on the premises or by live webinar, you will be considered to have completed the course.
7.5.5 You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which Classroom Courses are provided.
7.5.6 You must only use the premises at which Classroom Courses are provided for the purposes of participating in Classroom Courses.
7.5.7 TMP shall provide such presenters to present the Classroom Courses as it, in its sole discretion, deems fit and TMP shall be entitled at any time to substitute any presenter with any other person who, in TMP’s sole discretion, it deems suitably qualified to present the relevant Classroom Course.
7.5.8 You must sign an attendance register for each Classroom Course on the premises as required by the presenter.
7.5.9 Your personal possessions are your sole responsibility and TMP accepts no responsibility and/or liability for anything that is lost or stolen from its venues. You are advised during a Classroom Course to keep your valuables with you at all times.
7.5.10 Only you may access the Classroom Course via live webinar and you may not transfer your rights to access the online content or provide the live webinar to any other person.
7.5.11 You may incur charges to your internet service provider while you are accessing the Classroom Course via live webinar. Charges may also be payable to third parties for use of the software necessary to access the live webinar. You are responsible to pay these charges.
7.6 If the Course you purchase grants you access to TMP’s Online Study Materials, then the following terms in this Clause below shall apply:
7.6.1 Upon receipt of a confirmation email from TMP
7.6.2 The receipt of the online content is personal to you and you may not transfer your rights to access the online content or provide the online content to any other person.
7.6.3 You may incur charges to your internet service provider while you are accessing and/or downloading the online content. Charges may also be payable to third parties for use of the software necessary to access and/or download the online content. You are responsible to pay these charges.
8. Modifications to content of existing courses or technology enhancements
8.1 From time to time, TMP may make modifications, enhancements or issue clarifications (for example, to clarify ambiguous regulatory drafting) to the audiovisual, interactive or written Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you.
9. Technical Support and Access
9.1 TMP will provide technical and content support to individuals who have purchased an Online Course in respect of the Online Course purchased, in accordance with the provisions referred to below.
9.2 If you report a fault to TMP, TMP will use reasonable endeavours to provide a solution but TMP does not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from TMP then TMP will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed.
9.3 TMP is not obliged to offer you any technical support in relation to your use of any of the free demonstrations available on the Website but TMP may elect to offer technical support and the extent of any such technical support is entirely at the discretion of TMP.
9.4 You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
9.5 TMP will use reasonable endeavours to make the Courses available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. TMP reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
9.6 You also accept and acknowledge that TMP cannot be held responsible for any delay or disruptions to your access to the Online Courses or provision of a Classroom Course via live webinar as a result of such suspension or any of the following:
9.6.1. the operation of the internet and the World Wide Web, including but not limited to viruses;
9.6.2 any firewall restrictions that have been placed on your network or the computer you are using to access the Courses;
9.6.3 failures of telecommunications links and equipment; or
9.6.4 updated browser issues.
10.1 TMP will provide the Study Materials in accordance with the Course description which is set out on the Website (please see Clause 7.1).
10.2 TMP expects you to take reasonable care to verify that the Course and Study Materials in question will meet your needs. TMP does not make any commitment to you that you will obtain any particular result from your use of the Study Materials or that you will obtain any particular qualification on completion of the Course (unless otherwise stated on the Website).
10.3 TMP does not make any representation, guarantee or commitment to you that its Courses, Online Courses, Study Materials, Online Study Materials, the contents of its website or any other service it provides will be error free, and your use of any information provided by TMP by any means is entirely at your own risk.
10.4 TMP does not make any commitment that Courses will be compatible with or operate with your software or hardware.
10.5 All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
11. Limitation of liability
11.1 The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability: (i) for fraud or willful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
11.2 Except as set out in these Terms, TMP shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
11.2.1 indirect or consequential losses;
11.2.2 loss of income or revenue;
11.2.3 loss of business;
11.2.4 loss of anticipated savings; or
11.2.5 loss or corruption of data.
11.3 TMP is not responsible to you for any data that you lose either (a) as a result of accessing the Course, or (b) during completion of any Course.
11.4 Save as otherwise set out in this section “Limitation of liability”, TMP’s maximum aggregate liability to you for any claims that you may have against TMP for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Course and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf.
11.5 TMP will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond TMP’s reasonable control. This condition does not affect your statutory rights.
11.6 Each provision in this Clause 11 shall be construed separately as between you and TMP. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.
The Courses are for training purposes only. TMP will not accept any responsibility to any party for the use of the tuition provided and/or the contents of the Study Materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by you to any third party.
13. Intellectual property
13.1 At all times, TMP and/or its licensors, remain the owner of the intellectual property in the Courses and Online Study Materials content. No Course and/or Study Materials, nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of TMP.
13.2 In consideration of receipt by TMP of the Fee, TMP grants to you a non-exclusive, non-transferable licence to use the Study Materials content for the sole purpose of studying for the Classroom Course and/ or the Online Course. For Online Study Materials the licence granted is to use the Online Study Materials on one computer only.
13.3. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Study Materials content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program.
13.4 Use of the Study Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either TMP’s copyright or TMP’s other intellectual property rights, and / or the copyright or other intellectual property rights of TMP’s licensors.
14. Data protection
14.1.1 perform its obligations and enforce its rights under these Terms;
14.1.2 contact you by email, telephone or post to inform you about other products or services which may be of interest to you;
14.1.3 inform you of feedback;
14.1.4 communicate with your sponsor regarding your progress, results and attendance; and
14.1.5 TMP may share your information with its agents and service providers for these purposes.
14.2 Unless you contact us to request otherwise, you agree that TMP may share the information you provide with other members of the TMP group of companies, who may contact you by email, telephone or post to inform you about other products or services which may be of interest to you.
14.3 Feefo are our review generators and are acting on our behalf. They are only permitted to use your data to request a review from you. They will only use your contact details for market research and not use them for any other purpose.
14.5 In the event that you do not wish to receive marketing correspondence from TMP or any member of the TMP group of companies, a written request or email should be sent to the contact details set out at the end of these Terms.
14.6 On occasion we may conduct online surveys. This is used to gauge our service, collect demographic information and other information that we may find useful. We may share non-personal, aggregated information with third parties. You agree to TMP using your information in this manner.
15.1 TMP reserves the right to charge late payment interest on any overdue amounts, at a rate of 8% a year above the base lending rate of Barclays Bank plc from time to time. The interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
15.2 TMP reserves the right to recover any reasonable debt collection costs in connection with these Terms.
15.3 TMP may update or amend these Terms and Conditions from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
15.5 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.
15.6 TMP may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at its discretion.
15.7 No relaxation or delay by TMP in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by TMP in writing.
15.8 If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
15.9 Any notices required to be served on you by TMP under these Terms and Conditions will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address, notified by you to you, at TMP’s discretion. Any notices required to be served on TMP by you will be deemed properly served if sent to the address as per clause 16.
15.10 A notice delivered personally is deemed to be given on the day on which it was left at the specified address. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by fax or email is deemed to be given on the day it was sent.
15.11 The agreement between you and TMP will be concluded in English only.
15.12 The agreement between you and TMP which is compromised in these Terms and Conditions is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
15.13 These Terms and Conditions, and any other matters arising out of or in relation to these Terms and Conditions, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms and Conditions.
16. Contact us