OET for Doctors Mobile App Terms and Conditions
This mobile application (the “App”) is made available by IELTS Medical LTD, a company limited by shares and registered in England and Wales with number 10358705 and with registered address 17 Highgate High Street, London, N6 5JT (“IELTS Medical”, “the Company”, “us”, “we” or “our”). If you have any questions about the app, call +442036376722 or email doctors@iemedical.co.uk
By using this App, you confirm your acceptance of these App terms of use (“App Terms”). If you do not agree to these App Terms, you must uninstall the App and discontinue its use immediately. These App Terms should be read alongside our Privacy Policy and Cookie Policy.
1.0 General
1.1 There are two versions of the App and depending on the version of the App you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.
1.2 We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you must uninstall the App and discontinue its use immediately.
2.0 Use of the App
2.1 You must be at least 18 years of to use the App.
2.2 The Company hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”). All other rights in the App are reserved by The Company.
2.3 In the event of your breach of these App Terms we will be entitled, at our sole discretion, to terminate the User Licence immediately.
2.4 You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
2.5 You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the App, you will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms. We accept no liability for your failure to read Platform Terms or those belonging to any other third parties.
3.0 Intellectual Property
3.1 The Company name, logo, trademarks, service marks, graphics and logos used in connection with the App are trademarks of The Company (collectively “The Company Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Company Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of The Company or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to The Company and its licensors. The Company reserves the right to pursue damages for infringement of any of its intellectual property to the fullest extent permitted by law.
4.0 Prohibited Uses
4.1 You agree not to use the App in any way that:
• advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
• infringes any copyright, database right or trade mark of any other person;
• is defamatory of any other person;
• is likely to disrupt our service in any way;
• is likely to harass, upset, embarrass, alarm or annoy any other person;
• is obscene or offensive;
• is unlawful, illegal or unauthorised;
• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.0 Indemnification
You agree to indemnify The Company for any breach of these App Terms. The Company reserves the right to control the defence and settlement of any third party claim for which you indemnify The Company under these App Terms and you will assist us in exercising such rights.
6.0 No Guarantees or Warranties
6.1 The Company provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, The Company does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. All information regarding the structure of the Occupational English Test (Nursing) examination is based on information provided by the OET and as such data, and other content on the App, may be out of date should Cambridge Boxhill Language Assessment or OET decide to make changes. The Company makes no commitment to update it.
6.2 To the fullest extent permitted by applicable law, The Company hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted. For the avoidance of doubt, we do not guarantee or warrant that use of the App will mean that you will achieve your desired score in the Occupational English Test. Whilst we hope that you find this App to be a valuable tool in your preparation, we do not guarantee or warrantee that success.
7.0 Links to Other Websites
7.1 The Company is not responsible for the content on any third party websites that it chooses to link to. Users of the App are responsible for agreeing or disagreeing with the Terms and Conditions and/or Privacy Policies of these third party websites.
8.0 Exclusion of The Company’s Liability
8.1 Nothing in these App Terms shall exclude or in any way limit The Company’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
8.2 To the fullest extent permitted under applicable law, in no event shall The Company be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.
8.3 The Company shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
8.4 In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall The Company’s liability arising under or in connection with these App Terms and your use of the App exceed £50.
9.0 Jurisdiction
These App Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute between them arising under or in connection with these App Terms.
If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Should you have any questions regarding our App, you can email us at admin@oetappdoctors.com