PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
THESE TERMS
What these terms cover. These are the terms and conditions (Terms) on which we supply services (Services) to you via our website https://themedicalcannabisdirectory.co.uk (Our Site). By accessing, browsing or otherwise using Our Site by any means and via whatever device or registering your details with us, you confirm that you accept these terms of use, and you agree to abide by the terms and conditions of these Terms. If you do not agree to these Terms, you must not use Our Site.
Why you should read them. Please read these Terms carefully before you create an account via Our Site or use the Services. If you think that there is a mistake in these Terms, please contact us to discuss and do not use Our Site or the Services.
These are other terms that may apply to you. The following additional terms also apply to your use of Our Site:
Changes to these Terms. We amend these Terms from time to time. Every time you wish to use Our Site, please check these Terms to ensure you understand the terms that apply at that time. These Terms were most recently updated on 28th January 2022.Changes to Our Site. We may update and change Our Site from time to time to reflect changes to the Services, our products, our users' needs and our business priorities. We do not guarantee that Our Site, or any content on it, will be free from errors or omissions.Our Site is only for users in the UK. Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through Our Site is appropriate for use or available in other locations.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Towline Ltd., a company registered in England and Wales. Our company registration number is 13344803 and our registered office is 18a Heath Road, Nailsea, Bristol, England, BS48 1AD. Our brand name is ‘The Medical Cannabis Doctor Directory’.
How to contact us. You can contact us by e-mailing our customer service team at info@tmcd.co.uk.
How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us or by way of SMS.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails and SMS.
THE SERVICES
Users. Our Site can be used by specialist doctors (on the GMC Specialist Register), clinics and other health professionals who have the right to prescribe medical cannabis and who are able to post details of their profile on Our Site (Members) and by individuals who are seeking a prescription of medical cannabis from a Member (Patients).
User account for Members. Members will be required to set up an account with us (User Account) if you wish to use Our Site and access the Services. To obtain a User Account, you are required to complete a registration process. You hereby represent to us that all information submitted to us during the registration process is accurate and true.
Once your User Account is created, you will be required to create a profile which can include all the details relating to your clinic and your professional practice and you can include a photo, biographical summary and information relating to your specialties (Profile).
You undertake to keep your registration information and Profile up to date and in particular you agree to update us immediately if either your regulatory body licence or your medical indemnity insurance expires or is revoked.
You are responsible for maintaining the confidentiality of your User Account and for restricting access to your device, your e-mails and your User Account. This includes keeping your User Account details secret and not allowing other users to use your User Account or access your e-mails. You agree to notify us immediately if you have any reason to believe the security of your User Account has been compromised. You must log off each time at the end of each session.
We shall bear no liability for any harm, loss or damage resulting from your failure to comply with the requirements of these Terms and you indemnify us against all costs, losses or expenses that may arise from your failure to protect your User Account in accordance with these Terms.
You acknowledge and agree that we shall be entitled to terminate or suspend your User Account at our sole discretion without any notice to you in the event of your breach of these Terms or without any reason. You understand that termination of your User Account may lead to blocking, deletion and limitation of your access to content, materials, information and files uploaded, shared, submitted and made available in association with your User Account, as well as access to some or all of the Services.
User account for Patients. Patients are not required to create a user account to use our Services.
Children. Only Patients aged 16 and above may use Our Site.The Services. We do not sell any products within Our Site, instead Patients will be able to make contact with Members via the messaging functionality of Our Site (Contact Form) with respect to seeking information relating to medical cannabis treatment from such Member. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any Member and we do not assume any responsibility or liability for your actions with any Member. There is no contract formed between us and any Patient and we assume no responsibility out of or in connection with any contract formed between any Patient and any Member. Under no circumstances should Our Site be used to verify the credentials of any Member. Our Site is not intended to be a substitute for professional advice, diagnosis, treatment, medical treatment, therapy, counselling, or mental health services. You should always seek the advice of a physician, licensed mental health provider, or other qualified health provider with any questions regarding any mental health or medical symptoms or conditions. We do not recommend or endorse any specific tests, products, procedures, medical treatments, mental health treatments, therapy approaches, individual Member, opinions, or other information that may be mentioned, written about or featured on Our Site or linked to from Our Site. Reliance on any information provided by Our Site or any Member is solely at your own risk. We cannot and do not provide any warranties related to the information contained in, or resulting services from, any of the Members listed in Our Site and we do not warranty that any Member has met the required regulatory requirements.
Charges for Members. Members may be required to pay a monthly subscription fee for the Services which will be collected via Stripe, our 3rd party payment provider, and you will be subject to any Stripe terms and conditions that relate to their services. You represent and warrant that when you make a payment for the Services that (a) any credit information you supply is true and complete, (b) charges incurred by you will be honoured by your bank or credit card company, (c) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (d) if your initial payment method is dishonoured, you will still pay the charges incurred, including any surcharge we may incur due to such dishonoured payment. You may cancel your subscription on thirty (30) days’ notice via Our Site and after which time your Profile will no longer be visible on Our Site. We are not obliged to offer refunds.
Charges for Patients. Patients are not currently required to pay for the Services. Fees collected from Members allow us to offer our Services.
Contact Forms. Contact Forms will be automatically and permanently deleted from Our Site after one (1) year or within thirty (30) days if requested in writing by the Patient.
No reliance on free information. The free content on Our Site (in particular any free guides) is provided for general information only. It is not intended to amount to advice on which you should rely or use as a tool for diagnosis. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the free content on Our Site. Although we make reasonable efforts to update the information on Our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on Our Site is accurate, complete or up-to-date.
Uploading content to Our Site. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with any person through our site, you must comply with the content standards set out in Section 4.2 (Acceptable use restrictions). You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. Any blog content you upload to Our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user on Our Site. We have the right to remove any posting you make on Our Site if, in our opinion, your post does not comply with the content standards set out in Section 4.2 (Acceptable use restrictions). The views expressed by contributors on Our Site do not necessarily represent our views or values.
Newsletters. Patients who opt-in to subscribe to our newsletter will be sent occasional email updates on helpful resources related to medical cannabis. Your privacy will be respected and contact or identifying information (email address, name, etc.) will not be shared with anyone other than Members. You may unsubscribe from our newsletter at any time.
Third party websites. Our Site or the Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
Monitoring. We shall have the right, but not the obligation, to monitor the content of Our Site, including blogs, Profiles and Contact Forms to determine compliance with these Terms and to satisfy any law, regulation, or authorised government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on Our Site. Without limiting the foregoing, we shall have the right to remove any material that we, in its sole discretion, finds to be in violation of these Terms.
Patient consumer rights. Patient consumer rights are not affected in any way by using Our Site.
Circumstances beyond the control of us or you. If the event of any failure by any of us due to something outside of the respective party’s reasonable control, then that party will advise the other party as soon as reasonably practicable, and the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.
INTELLECTUAL PROPERTY; ACCEPTABLE USE
How you may use material on Our Site. We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on Our Site must always be acknowledged. You must not use any part of the content on Our Site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of Our Site in breach of these terms of use, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Acceptable use restrictions. You must not (or permit or assist others to):
use Our Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Our Site or the Services;
infringe our intellectual property rights or those of any third party in relation to your use of Our Site, including by the submission of any content or material (to the extent that such use is not licensed by these Terms);
treat, interact with, or communicate with our staff in a way, which is unlawful, or can reasonably be considered to be offensive, harmful, threatening, intimidating, abusive, harassing, menacing, hateful, or racially or ethnically offensive, discriminatory or inflammatory;
use Our Site in a way that could damage, disable, overburden, impair or compromise Our Site or our systems or security or interfere with other users of Our Site; or
collect or harvest any information or data from Our Site or attempt to decipher any transmissions to or from the servers running Our Site.
We will determine, in our discretion, whether there has been a breach of these acceptable use conditions through your use of Our Site. When a breach of these acceptable use conditions has occurred, we may take such action as we deem appropriate. Failure to comply with these acceptable use conditions constitutes a material breach of these Terms upon which you are permitted to use Our Site, and may result in our taking all or any of the following actions:
immediate, temporary or permanent withdrawal of your right to use Our Site;
immediate, temporary or permanent removal of any posting or material uploaded by you to Our Site;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you; or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these acceptable use conditions. The responses described in acceptable use conditions are not limited, and we may take any other action we reasonably deem appropriate.
We do not guarantee the availability of Our Site. We will use reasonable skill and care to provide Our Site to you and to keep Our Site safe, secure, virus-free and error-free but we do not guarantee that your use of Our Site will be safe, secure, uninterrupted, virus-free or error-free. We will use reasonable endeavours to maintain the availability of Our Site to you, but we do not guarantee 100% availability. For example, Our Site may become temporarily unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures. Although we make reasonable efforts to update the information provided by Our Site and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. You are responsible for configuring your information technology, computer programmes and platform to access Our Site. You should use your own virus protection software.
We may suspend or withdraw Our Site. We do not guarantee that Our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Check that Our Site and the Services are suitable for you. Our Site and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Our Site and the Services meet your requirements.
Rules about linking to Our Site. You may link to the home page of Our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Our liability and limits on our liability. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen. We shall not be liable to you, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, for any loss of profit, or any indirect or consequential loss, arising under or in connection with Our Site and the Services. Our total liability to you for all losses arising under or in connection with Our Site and the Services, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, shall not exceed the sum of £10.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for business losses. If you use Our Site for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for events outside our control. If our provision of the Services or support for Our Site or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received (if relevant).
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://themedicalcannabisdirectory.co.uk/privacy and we will only use your personal information as set out in our Privacy Policy.
Internet transmissions are never completely secure. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using Our Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
TERMINATION
Using Our Site. Patients may stop using Our Site at any time without giving us notice. Members must give us thirty (30) days’ notice to stop using Our Site. We may end your rights to use Our Site and to access the Services at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so. If we end your rights to use Our Site and to access the Services, then you must stop all activities authorised by these Terms, including your use of Our Site and any Services.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of these Terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR (or the Centre for Effective Dispute Resolution) via their website at https://www.cedr.com/. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings.