Important Legal Notice

This legal notice (“Notice”) applies to the entire contents of the website under the domain name http://www.bcam.ac.uk/ (“Website”) and to any correspondence between us and you. Please read this Notice carefully before using the Website. Using the Website indicates that you accept the contents of this Notice regardless of whether or not you choose to register with us. If you do not accept the contents of this Notice, do not use the Website. This Notice is issued by the British Association of Cosmetic Doctors (“BACD”) and its company, BACD Limited registered in England and Wales under company number 6634531 with its registered office at Shorne Village Surgery, Crown Lane, Shorne, Gravesend, Kent DA12 3DY (“Company”).

1. INTRODUCTION

1.1 You may access most areas of the Website without being a member of BACD or the Company (“Member”). Certain areas of the Website are only open to Members. If you are a Member and wish to obtain a username and password, please contact Sharon Turner-Fry, BACD Administrator, at sharon.turnerfry@bcam.ac.uk.

1.2 By accessing any part of the Website, you shall be deemed to have accepted this Notice in full. If you do not accept this Notice in full, you must leave the Website immediately.

1.3 Either BACD or the Company may revise this Notice at any time by updating this Notice. You should check the Website from time to time to review the then current Notice, because it is binding on you. Certain provisions of this Notice may be superseded by expressly designated legal notices or terms located on particular pages of the Website.

2. LICENCE

2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:

• (a) no documents or related graphics on the Website are modified in any way;
• (b) no graphics on the Website are used separately from the corresponding text; and
• (c) BACD and/or the Company’s copyright and trade mark notices and this permission notice appear in all copies.

2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by BACD or the Company or their licensors. For the purposes of this Notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this Notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without BACD’s or the Company’s prior written permission.

2.4 Any rights not expressly granted in these terms are reserved.

3. SERVICE ACCESS

3.1 While BACD and the Company endeavour to ensure that the Website is normally available 24 hours a day, neither BACD nor the Company shall be liable if for any reason the Website is unavailable at any time or for any period.

3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond BACD’s or the Company’s control.

4. VISITOR MATERIAL AND CONDUCT

4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Neither BACD nor the Company shall have any obligations with respect to such material. BACD and the Company and their designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from the Website any material:

• (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
• (b) for which you have not obtained all necessary licences and approvals; or
• (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
• (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 BACD and the Company shall fully co-operate with any law enforcement authorities or court order requesting or directing BACD or the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.

5. LINKS TO AND FROM OTHER WEBSITES

5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Neither BACD nor the Company has reviewed all of these third party websites and they do not control and are not responsible for these websites or their content or availability. Neither BACD nor the Company therefore endorses or makes any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

5.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, any of the pages of the Website, and subject to the following conditions:

• (a) you do not remove, distort or otherwise alter the size or appearance of the BACD logo;
• (b) you do not create a frame or any other browser or border environment around the Website;
• (c) you do not in any way imply that BACD or the Company is endorsing any products or services other than its own;
• (d) you do not misrepresent your relationship with BACD or the Company nor present any other false information about BACD or the Company;
• (e) you do not otherwise use any BACD trade marks displayed on the Website without express written permission from BACD or the Company;
• (f) you do not link from a website that is not owned by you unless the owner of that website permits you to do so; and
• (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

5.3 BACD and the Company expressly reserve the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action they deem appropriate.

5.4 You shall fully indemnify BACD and the Company for any loss or damage suffered by BACD and the Company or any of the Company’s group companies for breach of clause 5.2.

6. REGISTRATION

6.1 Each registration for a username and password is for a single user only. Neither BACD nor the Company permits you to share your username and password with any other person nor with multiple users on a network.

6.2 Responsibility for the security of any passwords issued rests with you.

7. DISCLAIMER

7.1 While BACD and the Company endeavour to ensure that the information on the Website is correct, neither BACD nor the Company warrant the accuracy and completeness of the material on the Website. BACD and the Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and neither BACD nor the Company makes any commitment to update such material.

7.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, BACD and the Company provide you with the Website on the basis that BACD and the Company exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this Notice, might have effect in relation to the Website.

8. LIABILITY

8.1 Subject to clause 8.3, BACD, the Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use, or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to:

• (a) the acts or omissions of any doctors (including but not limited to BACD or Company Members) or other medical staff whether or not found by or introduced to you through the Website or any websites linked to the Website; or
• (b) viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

8.2 Further to clause 8.1, neither BACD nor the Company makes any recommendation whatsoever in respect of any doctors (including but not limited to BACD or Company Members) or other medical staff whether or not found by or introduced to you through the Website or any websites linked to the Website.

8.3 Nothing in this Notice shall exclude or limit either BACD’s or the Company’s liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) or fraud, or misrepresentation as to a fundamental matter, or any liability that cannot be excluded or limited under applicable law.

8.4 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

9. GOVERNING LAW AND JURISDICTION

This Notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this Notice shall be subject to the exclusive jurisdiction of the English courts.

Issue Date: 1 October 2010