The Radiotherapy Academy for Benign ConditionsTerms & Conditions of UseEffective as 22nd September 2024
Welcome to the Radiotherapy Academy for Benign Conditions (“we” “us”). We provide a course to train radiation oncologists in the provision of radiotherapy treatment for benign conditions (the “Course”). You can read more details about the Course here or at the end of these terms and conditions. We provide the course in accordance with these terms and conditions of use (“T&Cs”) and anyone who wishes to enroll on the Course (“you”), must first accept the T&Cs by checking the box that indicates acceptance of the T&Cs at the end of the enrollment process, and your enrollment and participation on the Course shall then be subject to the T&Cs.
In these T&Cs, capitalised terms shall have the meanings ascribed to them below:
1.1. “Company” shall mean RT-ABC Ltd., a company formed under the laws of the England & Wales (Company Number 15792729) with offices at 19 Granville Road, London, England, N4 4EJ.1.2. “License” shall mean the license granted to the Participant under Section 4.1.3. “Material” shall mean the guides, resources, videos and other materials created by us, some being learning materials for the Course and some being guides for use following the Course when practicing radiotherapy treatment of benign conditions.1.4. “Platform” shall mean the online platform operated by us through which the Course will be hosted and provided.
2.1. Subject to the terms and conditions contained herein, in order to enroll on the Course, you shall be required to complete the following:
2.2. By indicating your acceptance to the T&Cs in the manner provided in Section 2.1.4 above, you are entering into a legally binding contract, which incorporates the T&Cs therein (the “Contract”) with the Company, which is the legal entity that conducts the business of the Radiotherapy Academy for Benign Conditions. Each and every time you access the Course, you are indicating your continuing agreement to be bound by the Contract. If you no longer wish to be bound by the Contract, then do not access the Course, but your registration fee will not be refunded, and you may change your mind and continue to access the Course at any time.
3.1. Subject to Section 3.2 below, following completion of your enrollment on the Course in accordance with Section 2 above, we shall provide you with the following services:
3.2. We shall remain owners of the Course and the Material at all times. Following completion of your enrollment, we will grant you the License detailed in Section 4 below, and your access to the Course and use of the Material shall be solely as permitted under the License.3.3. If included in the Course package you enrolled for, you shall, at your sole cost, make all necessary arrangements so that you are able to participate in the face-to-face training sessions, whether provided in Germany or elsewhere, on the dates and times which will be provided to you at the time of enrollment, and we will not be responsible for any failure by you to attend any session for any reason.3.4. We reserve the right to make changes to the Course, Material, and Services at any time if we so determine at our sole and absolute discretion. The License granted to you shall cover all updates to the Course and Material whenever this may be applicable until such time as you have completed the Course, or the Contract is terminated earlier for any reason.
4.1. Following completion of enrollment, we shall grant you a non-exclusive, non-transferable, non-sublicensable, fully paid-up right and license to access the Course via the Platform and to use the Material solely in the manner intended for end-users enrolled on the Course (the “License”). Without limitation or detracting from the generality of the foregoing:
4.2. Violation of any terms of the License shall be deemed a material breach of the Contract, which will entitle us to terminate the Contract and your participation on the Course without refund of Fees paid, and this shall be without prejudice to any other rights and remedies that may be available to us against you arising from your breach of the License.
5.1. Where you participate in face-to-face mentoring and training sessions, whether online or in person, you shall conduct yourself appropriately and professionally and not take any action that could damage the reputation of the Company or the Course.5.2. You shall not share in any such sessions any personal data of third parties other than where such data has been anonymised.
6.1. In consideration for the services provided under Section 3 above and the License, you shall pay to the Company the fees that are detailed here, depending on the package you enroll for (the “Fees”).6.2. The Fees shall be paid to the Company during the enrollment process in accordance with Section 2 above.6.3. The Fees quoted do not include VAT or any similar sales tax, which will be paid by you on top of the Fees where required under applicable law.6.4. Following completion of enrollment, the Fees are non-refundable should you decide not to participate in the Course or should the Contract be terminated for any reason, except where termination is made by you under Section 3.2.6.5. The Fees do not include the cost of travel and accommodation that you will be required to book to participate in certain sessions that are included with certain packages you may enroll on. Should you fail to attend any such sessions for any reason, we will have no obligation to reimburse you for any costs you incurred in connection therewith.
7.1. We represent and warrant to you that the Course and Material:
7.2. Except as stated above, we do not provide any other warranty of any kind, and all other warranties, whether expressed or implied, are hereby denied.7.3. You understand that the effectiveness of the Course and Material depends, among other things, upon your learning abilities and the effort and commitment you invest in the Course, and therefore we cannot and do not guarantee that your participation on the Course will be successful.
7.4. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL CLAIMS OR DAMAGES ARISING FROM ANY BREACH OF THE CONTRACT AND THE PROVISION OF THE COURSE AND MATERIAL, INCLUDING WITHOUT LIMITATION, CLAIMS FOR DAMAGES FOR LOSS OF USE, REVENUE, OR PROFIT, WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY THEREOF IN ADVANCE. SUBJECT TO APPLICABLE LAW, IN NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO THIRD PARTIES FOR ANY REASON RELATING TO YOUR PARTICIPATION ON THE COURSE AND USE OF MATERIAL. THE MAXIMUM LIABILITY OF THE COMPANY TO YOU ARISING FROM ANY BREACH OF THE CONTRACT BY US SHALL BE A REFUND OF THE FEES PAID BY YOU HEREUNDER. NO CLAIM MAY BE MADE AGAINST THE COMPANY WHERE THE FACTS GIVING RISE TO THE CLAIM AROSE MORE THAN 12 MONTHS PRIOR TO THE CLAIM BEING MADE.
You shall fully and finally indemnify the Company, its officers, directors, shareholders, employees, consultants, agents, and affiliates, and hold each of them harmless from and against any and all damages, losses, claims, costs, and expenses of any kind (including court costs and reasonable attorneys' fees) suffered by any of them as a result of any breach of the Contract by you or for any reason in connection with the Course or Material.
9.1. All information that you may receive in connection with the Course and Material, including without limit, information concerning the structure and presentation of the Course, any specially agreed upon prices, and other commercial terms related to the Course, whether provided in tangible or intangible form, and all information provided on the Course and in the Material are the confidential and proprietary information of the Company (the “Confidential Information”), provided however that Confidential Information does not include any information that is in the public domain through no fault of yours, such as medical and scientific information that is found in published records and journals and accessible by any person skilled in the relevant art.9.2. You shall not disclose, share, or provide access to any of the Confidential Information to any other party without our express prior written permission, and you shall take reasonable steps to protect the Confidential Information from unauthorized access.9.3. You shall not use any of the Confidential Information except for the express purpose for which it was provided to you.9.4. This Section 9 shall survive any termination of the Contract and shall remain in full force and effect to the maximum extent permitted by applicable law.
10.1. You acknowledge and understand that breaches of the terms of the Contract by you may cause us severe or irrevocable damage that may not be easily quantifiable or repairable by monetary damages alone. Therefore, in addition to all other relief available to us arising from breach of the Contract, we shall be entitled to obtain injunctions to prevent continuing breaches and other appropriate equitable relief against you. We shall also be entitled to receive interim versions of such equitable relief pending final decision of the courts of appropriate jurisdiction.10.2. This Section 10 shall survive any termination of the Contract.
11.1. The Contract shall be effective as of the date it is formed in the manner provided in Section 2.2 above and shall remain in full force and effect until the completion of 24 months from the first date that you access the Course on the Platform, or until earlier terminated under this Section 11.11.2. We shall be entitled to terminate the Contract and the License at any time in the event that you are in breach of any of the provisions of the Contract by providing you with written notice of the breach and termination, and the notice shall provide you with 5 days to cure the breach prior to the termination taking effect, except for violations of the License or violations of Section 9, in which case termination shall be immediately effective.11.3. Until such time as the Contract expires or is terminated, the License shall remain in effect, and you may access the Course on as many occasions as you choose. Upon termination of the Contract, the License shall be automatically terminated, and you shall no longer be able to access the Course. Where the Contract has not been terminated under Section 11.2, you shall be entitled to continue to use Material that is intended to be used as working guides, and the terms of the License shall continue to apply for such purposes. If the Contract is terminated under Section 11.2, you shall cease all use of the Material, delete it from all of your computer systems, destroy all hard copies thereof, and upon request, provide written certification to us that you have taken and completed such action.
These T&Cs and the Contract shall be governed by the laws of England & Wales without reference to its conflicts of laws principles. The courts of appropriate jurisdiction of London, England shall have the sole and exclusive jurisdiction to hear and decide upon any disputes arising between us and you in connection with the Contract and the Course.
13.1. The Contract shall be the sole agreement between us and you on the subject matter hereof and replaces and supersedes any previous or contemporaneous agreements between us related thereto.13.2. You and we are independent contractors for all purposes. No employment, agency, distributorship, partnership, representative, or other relationship is created by the Contract, and neither we nor you shall be entitled to represent the other in any way.13.3. If any part of the Contract is held by any competent court of jurisdiction to be invalid or otherwise unenforceable, then such part shall be deemed removed from the Contract as if not included upon its formation, and the remaining parts of the Contract shall continue to be valid and in full force and effect. To the extent possible, the invalid part shall be replaced with a new part that as closely as possible reflects the original intention of the removed part without also becoming invalid or unenforceable.13.4. We reserve the right to amend the Contract at any time by sending notice of the amendment to you. The amendments shall take effect within 5 days of the date of the notice. Should the amendment result in additional Fees being required from you, then you shall be entitled to terminate the Contract by providing written notice to us. No waiver of any of the rights under the Contract will be effective unless the waiver is made in writing and signed by the party making it.13.5. You may not transfer or assign any of your rights or obligations under the Contract without our prior written consent. The Company shall be entitled to assign all of its rights and obligations under the Contract or any part thereof to any of its affiliates or to any purchaser of all or substantially all of its business.13.6. Any notices to be delivered in connection with the Contract shall be delivered via the messaging portal on the Platform or may be delivered by email, with notices to us being sent to [email protected] and notices to you being sent to the email address you provided in your registration form.