Terms & Conditions

Terms of use agreement and liability disclaimer

Our e-courses and the videos, documents and other associated content (hereinafter inclusively referred to as “e-courses”) have been produced by Fleming Medical Ltd. If you purchase an e-course or access a course for free, you agree to these terms of use and the liability waiver. All sales are final for paid e-courses. No refunds are issued for online courses once a sale is completed. The supplies and props used for any exercises instructed are not included in the purchasing price of e-courses.

The information in our e-courses are for educational purposes only and is not intended to provide a medical diagnosis or substitute for medical advice. Our e-courses may contain references or links to materials from third-parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Our e-courses are intended solely for users who are at least age 18 years of age or older. Any use of or access to our e-courses by anyone under such, is unauthorized, unlicensed and in violation of these terms of use. By purchasing or enrolling in an e-course, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of the terms and conditions of this agreement. Fleming Medical Ltd has sole right and discretion to determine whether to sell our e-course to any individual and may reject a purchase by any individual with or without explanation.

We will address any claims of copyright infringement if found in any of our e-courses, according to the terms of the Copyright and Related Rights Act of 2000. If you believe any copyrights are infringed by our e-courses, please provide us with a written notice via mail, fax, or email that contains the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on our website;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

When you sign up for a free e-course or complete the purchase process for a paid e-course, you will receive a password that will allow you to access our content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security.

The content provided in our e-courses are provided “as is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Our website and content may contain bugs, errors, problems or other limitations. Fleming Medical Ltd, including all our affiliates, have no liability whatsoever for your use of our website or content. Fleming Medical Ltd cannot guarantee and does not promise any specific results from use of our website or content. Fleming Medical Ltd does not represent or warrant that our content or our services found within are accurate, complete, reliable, current or error-free or that any such items are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content and use industry-recognized software to detect and remove viruses. All responsibility or liability for any damages caused by viruses somehow attributed to our content and services is disclaimed. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content through our website or services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.

In no event will Fleming Medical Ltd be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use or misuse of any video content whether such damages arise in contract, tort, negligence, equity, statute or by way of any other legal theory regardless of whether such damages could have been foreseen. Notwithstanding anything to the contrary contained herein, Fleming Medical Ltd’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the e-course content we provide prior to the event giving rise to liability.

This terms of service agreement shall be governed and construed in accordance with applicable laws in the Republic of Ireland without giving effect to the principles of conflict of laws. Any cause of action by you with respect to our website or content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

To the extent that any content is in conflict or inconsistent with this agreement, this agreement shall take precedence. Our failure to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this agreement shall survive any termination of this agreement.