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Subscription Terms and Conditions for individual subscribers to MIDIRS products (online and print)

 

Subscription Terms and Conditions for individual subscribers to MIDIRS products (online and print)

This legally binding agreement (“Agreement”) is made between MIDIRS and the individual (“you”) identified in the order confirmation on MIDIRS website or mobile application or via MIDIRS other online resources (“Website”) or, if you ordered offline, in the order confirmation sent to you. This Agreement includes the terms and conditions set out below and incorporates by reference MIDIRS Privacy and Cookie Policy and Website terms and conditions, together with any disclaimers, guidelines or other terms that may be sent to you by MIDIRS, posted on the relevant web page(s) of the Website or included in printed publications that form part of your subscription.

  1. Definitions

1.1 In these terms and conditions, “we” and “us” The National Childbirth Trust, trading as ‘NCT’, ‘MIDIRS’ and the ‘Midwives Information and Resource Service’, whose registered office is at 30 Euston Square, London, NW1 2FB.

1.2 “MIDIRS Materials” means the quarterly MIDIRS Midwifery Digest and/or the Reference Database and other products that may be ordered via the Website (but not via limited third party websites) from time to time other than the MIDIRS Midwifery Digest and Reference Database

1.3 “Order” means an order for Subscription Services or other Products or Services made via the Website.

1.4 “Subscription Services” means the Reference Database, the provision of MIDIRS Midwifery Digest and such other subscription-based services that may be available from time to time.

1.5 “Subscription” means the contractual relationship entered into between The National Childbirth Trust and you upon the acceptance by MIDIRS of an Order for the ongoing provision of the Subscription Services, and “Subscribers” shall be those persons who successfully complete the Subscription process.

1.6 “Subscription Period” means the period of time selected by you for the provision of Subscription Services, commencing upon notification of acceptance by The National Childbirth Trust of your Order.

1.7 “Website(s)” means the website(s) located at www.midirs.org and/or www.nct.org.uk.

  1. Introduction

2.1 These are the terms and conditions on which MIDIRS agrees to provide you with online access to MIDIRS product(s) and any print versions of MIDIRS product(s) to which you have subscribed or otherwise been entitled to access (together “MIDIRS Materials”). By subscribing to and accessing MIDIRS Materials, you agree to these terms and conditions. If you do not agree with these terms and conditions (or any updated version of them) you should not subscribe to receive or access MIDIRS Materials.

2.2 References in these terms and conditions are to “we” and “us” The National Childbirth Trust, trading as ‘NCT’, ‘MIDIRS’ and the ‘Midwives Information and Resource Service’, whose registered office is at 30 Euston Square, London, NW1 2FB and

VAT no 115 078 924. If you need to contact us please email enquiries@midirs.org.

2.3 When subscribing to our product(s) you must provide us with accurate and complete information (including payment details, contact and other information) and it is your responsibility to update and maintain changes to that information by emailing support@midirs.org or by calling (+44) 0117 370 6799. We are entitled to rely on any information you provide to us. All information received by us about you as a result of your subscription or your access to and use of MIDIRS Materials will be used by MIDIRS in accordance with our Privacy and Cookie Policy. Please read the Privacy and Cookie Policy for further information about how we may process such information, including your personal data.

2.4 We may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services, products or business. You agree that your continued access to and use of MIDIRS Materials will be subject to any updated terms and conditions from the date upon which they are due to take effect.

2.5 References in these terms and conditions to “institution” (or “institutions”) are referring to a single user institutional profile created for specific use only by the designated administrator of the college, library, university or other academic facility assigned by MIDIRS as suitable to be classed as an institution, and suitable for an institutional subscription.

2.6 MIDIRS reserves the right to accept or reject any applications for single user, institutional or multi-user institutional subscription.

2.7 Intellectual property: The copyright in the content and material contained in the Website including the Reference Database Data, together with the Website’s design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software (including applets) belongs to National Childbirth Trust or to its content and technology providers. All rights are reserved. Users of the Website shall be permitted to electronically copy and to print in hard copy portions of the Website for the purpose of placing an Order with MIDIRS or using the Website as a research or shopping resource, and Subscribers to the Reference Database may use the Reference Database as set out in these terms. MIDIRS is a trademark of National Childbirth Trust. Other product and company names mentioned on the Website may be the trademarks or registered trademarks of their respective owners.

  1. Your Subscription

3.1 Contract with MIDIRS. By submitting your payment and other subscription details online or via an application form or on the phone, you are making an offer to MIDIRS to buy a

subscription to the relevant MIDIRS Materials for a 12 month period as indicated in the ordering process. In the case of a subscription that is for online access to the Database only, you are requesting and agreeing that we may start your subscription immediately upon our acceptance of it (which means you are not then entitled to a refund if you change your mind after we have provided you with access to your subscription), unless you cancel thereafter in accordance with section 3.9.  Your offer will be accepted by us and a contract formed only when we have verified your payment details at which point we will confirm your subscription (by sending you a confirmation email or letter to the postal address you have given us) and provide you with access to (and if applicable, deliver to you) the relevant MIDIRS Materials for a subscription period of 12 months (as applicable). If we are unable to accept your order, we will inform you of this and will not charge you for the subscription. This might be, for example, because we have insufficient stock of the particular MIDIRS Materials you have requested or because your name appears on the HM Treasury consolidated list of asset freeze targets. MIDIRS reserves the right to reject any offer in its absolute discretion.

3.2 Print materials. Where included in your subscription, print versions of MIDIRS Materials will be delivered to the address specified by you in your order. The costs of delivery are included in the cost of your subscription, unless otherwise stated on the relevant web page of the Website. MIDIRS will deliver the number of issues stated on the relevant page of the MIDIRS website for one year starting with the issue stated within your confirmation letter, unless otherwise agreed in writing. MIDIRS will make every effort to deliver the MIDIRS Materials within 30 days of each publication, but cannot be held responsible for postal or customs delays. Any claims for non-delivery must be notified in writing to Customer Services or by email to support@midirs.org within three months of the publication date of the relevant issue. Any claim notified later than three months after the publication date of the relevant issue will not be upheld where MIDIRS has evidence that the MIDIRS Materials were despatched to you.

3.3 Payment details. You must provide us with complete and accurate payment information and details including your geographical location. By doing this, you are representing to us that you are entitled to purchase the subscription; that you are not subject to

any trade sanction; and that we may use such payment information and details in order to pay for the subscription (and for us to process such payment) throughout the period of your subscription. You repeat this representation to us when, during the period of your subscription, you need to update your payment details where, for example, your card or other payment method expires or when you change your geographical location or when new details are needed for a renewal. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment (unless it has expired, in which case we will contact you). If at any time we do not receive payment or your payment authorisation subsequently expires or is cancelled, we may immediately cancel or suspend your access to all MIDIRS Materials in accordance with section 3.10 below.

3.4 Special offers: MIDIRS may run ‘one-off’ subscription promotions at any time throughout the year. All special offers are only valid for the promotional period. At the end of the promotional period subscriptions will revert to standard rates.

3.5 Price. The price you pay for your annual subscription (and the currency in which you pay) will be stated on the relevant web page of the Website from which you began the subscription ordering process or as otherwise communicated to you for Subscriptions that are ordered offline.  For online orders, such prices will be re-confirmed to you as part of the ordering process.  Payments are quarterly or annually in advance. It is your responsibility to pay any charges that might be applied by your bank or payment provider in paying

for your subscription, including in relation to any currency conversion required. Subject to these terms and conditions, in return for us making the relevant MIDIRS Materials available to you, you agree to make the payments notified to you at the time of your purchase. We will notify you in advance of any increase in the price of your subscription for your renewal and you may of course choose to cancel your Subscription for any renewal period (see sections 3.8 and 3.9 below) if you do not wish to pay the new price or otherwise renew.

3.6 Incorrectly stated prices. While we try to ensure that all prices we display and quote are correct and accurate, errors may occur and, if they do, we will notify you of the mistake. If we incorrectly state a price, we are not obliged to provide you with a subscription at that price. If we do notify you of such a mistake, even after having accepted your offer to buy the subscription at the incorrect price, you may either pay the correct price or you can cancel the subscription (see section 3.9 below) in which case we will then refund any money you have paid us that relates to the unexpired portion of your subscription. If you do neither of these things then we shall be entitled to cancel or suspend your subscription.

3.7 Taxes and Customs. Unless otherwise indicated, the prices we state for our subscriptions are exclusive of VAT (or other similar sales tax) which, if applicable, must be paid in addition. Where you are ordering a print publication for a non UK delivery overseas, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be.

3.8 Renewals. With the exception of ‘one-off’ subscriptions, your subscription will automatically renew at the end of each 12 month subscription period unless you or we have cancelled the subscription in accordance with sections 3.9 or 3.10 below, or we have agreed otherwise in writing with you.

One-off subscriptions that have been paid for in full and upfront will automatically end after 12 months, unless the customer has made arrangements to purchase another subscription for a further 12 months. We will try to contact you (using the contact details stated in your user account) at least 14 days in advance of expiry to invite you to renew your subscription, and in that notice we will include the price for a subscription that will apply for the following year. If you do not renew your subscription it will expire at the end of your current subscription period and you will be deemed to have cancelled your subscription.

3.9. Cancellation: by you 

3.9.1 Initial cancellation period: Depending on the type of subscription you have, you may have a right to cancel your subscription within a limited period after placing your order, as follows:

  1. i) Online-only subscriptions: If your subscription does not include printed journal deliveries then, by placing your order, you are requesting and agreeing that we may start your subscription, and provide you with access to the relevant MIDIRS Materials as soon as possible following our acceptance of your order. You have a 14 day period (after the day we email you to confirm we accept your order), to change your mind and cancel your subscription. This means that you are not entitled to a refund if you change your mind after the 14 day period and after we have provided you with access to your subscription.
  1. ii) Combined print and online subscriptions: If your subscription includes print deliveries, then in addition to any cancellation rights in section i) of section 3.9.1, you have the right to cancel your subscription, without giving any reason within the relevant notice period (see section 3.9.2). You do not need to return any of the journals to us. For more details see our cancellation web page.

3.9.2 Subsequent cancellation of your subscription:

  1. i) In addition to any rights contained in section 3.9 or where we have materially breached our agreement with you, you have the right to cancel your subscription at any time during your annual subscription period, so long as MIDIRS is given at least 14 working days written notice. Such notice must be in accordance with section 3.9 and will only take effect at the end of the month when your notice has expired. In the case of annual subscriptions a pro rata refund will be given to you.
  2. ii) MIDIRS will issue a full refund to customers who have paid the total cost of their subscription in advance, for a ‘one-off’ 12 month subscription, as long as the cancellation request is received within 14 days of subscribing. Requests for full refunds received after 14 days will be declined.

iii) MIDIRS will refund the price of any undelivered issues of MIDIRS Materials that you have paid for in full. For example, if you cancel your subscription before your first issue of MIDIRS Midwifery Digest is delivered to you and before the fulfilment and dispatch process has commenced, then a full refund will be given.

  1. iv) If you cancel your subscription after the subscription cut-off date (e.g. during the fulfilment and dispatch period for the forthcoming issue of MIDIRS Materials), you will automatically receive that edition. Under these circumstances no refund will be given for that particular issue, as the journal will already have been dispatched or will be in the process of being dispatched.

3.9.3 Ending your subscription early because of something we have done or are going to do:

If you are ending your subscription for one of the following reasons, the Agreement will end immediately and we will refund you in full for any part of your subscription that has not been provided. The reasons are:

(a) we have told you about an upcoming significant change to your subscription or these terms and conditions to which you do not agree (see section 3.10).

(b) we have told you about an error in the price or description of the subscription you have ordered and you do not wish to proceed.

(c)  there is a risk that supply of the subscription may be significantly delayed because of events outside our control.

(d) we have suspended the supply of the products for technical or other reasons, or we notify you that we are going to suspend them for such reasons, in each case for a period of more than 30 days. Except as specifically provided for in any other provision of these terms and conditions, your subscription may only be cancelled by you with effect from the expiry of your current subscription period. You may provide us with notice in advance of your current subscription expiring but the cancellation will not take effect until the end of your current subscription period.

3.9.4. How to cancel: You can cancel your Subscription by contacting us at support@midirs.org stating that you wish to cancel your Subscription and including in your email your name and subscription reference number(s). Alternatively, you can call our customer service helpdesk on (+44) 0117 370 6799.

3.10 Cancellation: by MIDIRS: MIDIRS reserves the right to suspend or cancel your subscription: (a) with or without notice and without further obligation to you if you breach this Agreement which shall include you not paying for any Subscription within the required stated time (or within 30 days of any renewal notice regarding your Subscription). (b) where we are prevented from providing any MIDIRS Materials to you by circumstances beyond our control; and/or (c) where we cease to provide (or to be able to provide) any MIDIRS Materials to which you have subscribed (including where we cease publishing the relevant MIDIRS Materials or no longer own such MIDIRS Materials or have the right to make them available), or we cease to provide subscription services. Except where we terminate as a result of your breach of this Agreement we will, unless there are exceptional circumstances, refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your Subscription.

3.11 Suspension: by MIDIRS. If you do not pay for the MIDIRS Materials when you are required to and you still do not make payment to us within 7 days of us reminding you that payment is due, we may suspend your subscription until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the MIDIRS Materials for this reason. We may also suspend the supply of products to you: (a) where printed MIDIRS Materials are returned because you are not known at the address you provided to us; (b) to deal with technical problems or make technical changes; (c) to update the MIDIRS Materials to reflect changes in relevant laws and regulatory requirements; or (d) to make changes to the MIDIRS Materials as notified by us to you. We will contact you in advance to tell you we will be suspending supply of the MIDIRS Materials, unless the problem is urgent or an emergency or where we do not have a correct address for you. If we have to suspend the supply of the MIDIRS Materials for longer than 30 days in any 12 month period we will either adjust the price so that you do not pay for your subscription during the period when provision of the MIDIRS Materials is suspended or we will extend the period of your subscription to cover the period when the provision of the MIDIRS Materials was suspended (at no additional cost) or in the case of print publications, ensure that you receive all the MIDIRS Materials that you were due to receive during the subscription period even if there was a delay in your receiving them. You may contact us to end your subscription if we suspend provision of the MIDIRS Materials, or tell you we are going to suspend them, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the MIDIRS Materials in respect of the period after you end your subscription

3.12  Your subscription is personal: Your subscription is personal to you and you may not share with, give, licence or transfer to, any other person any of your rights or entitlements under this Agreement (including to access and/or use MIDIRS Materials under your user account using your password and/or user code). You agree to take responsibility for all access to and use of all MIDIRS Materials that occurs under your user account and to prevent unauthorised use of it. Without further obligation to you, we may cancel or suspend your access to MIDIRS Materials if you share your user account details. If you believe that your user account is being used by anyone else you should inform us immediately via support@midirs.org. We reserve the right at any time to verify and/or validate that you are a personal subscriber to our products and that you are accessing and using MIDIRS Materials for your own personal use.

3.13 Registration: You may be required to also register to gain full access to certain online MIDIRS Materials subscribed to.

3.13.1 Registered Users (who are not Subscribers)

Certain parts of the MIDIRS website are available for use without charge (such as the monthly online newsletter known as MIDIRS newsletter), which must be in accordance with the rights set out below in section 4 (and as may be stated on any MIDIRS Materials), subject to registration by you. The MIDIRS Materials that may be accessed with registration but without a subscription will be as stated on the MIDIRS website (as amended from time to time). You must keep any password and/or identification codes confidential and these may only be used by you.

3.13.2 Cancellation of your registration: If you are a Registered User, but not a Subscriber, then MIDIRS reserves the right to suspend or terminate your registration at any time, with or without notice and without further obligation to you which may include disabling any identification or user codes. If you would like to cancel your registration then please contact our customer services team at support@midirs.org or by calling (+44) 0117 370 6799.

3.13.3 Unregistered Users: Certain parts of the MIDIRS website are available for use without charge, which must be in accordance with the rights set out below in section 4 (and as may be stated on any MIDIRS Materials), and without registration by you. These MIDIRS Materials will be as stated on the MIDIRS website (as amended from time to time).MIDIRS may withdraw your access to any of these materials without further notice to you.

  1. Your use of MIDIRS Materials

4.1 MIDIRS hereby grants you a non-exclusive, non-transferable right to access and use the MIDIRS Materials for your own personal, non-commercial purposes during the period of your subscription. You shall not unless expressly permitted and unless a MIDIRS article (only), states it is published under a Creative Commons Licence (and in which case the terms of that license apply re any of your re use):

  1. a) create derivative works of the MIDIRS Materials (including any translation)
  2. b) remove, obscure, or change: an author’s name or affiliation; MIDIRS or its licensor’s copyright notices, policies, disclaimers, terms or other means of identification
  3. c) systematically download or print any part of the MIDIRS Materials
  4. d) extract any images, diagrams or other illustrative materials from the MIDIRS Materials
  5. e) knowingly permit any third party to access or use the MIDIRS Materials
  6. f) include, mount or distribute any of the MIDIRS Materials in other works (other than legally permitted quotations with an appropriate citation)
  7. g) use MIDIRS or any of its licensors trademarks including any framing, using metatags or other uses
  8. h) undertake any text or data mining of any MIDIRS Materials
  9. i) translate any MIDIRS Materials, other than for your own personal non Commercial Use
  10. j) use or distribute the MIDIRS Materials for Commercial Use. “Commercial Use” includes copying or downloading MIDIRS Materials, or linking to such postings for further redistribution, sale or licensing, for a fee; copying, downloading or posting by a site or service that incorporates advertising with such content; the inclusion or incorporation of MIDIRS Material (s) in other works or services (other than normal quotations with an appropriate citation) that is then available for sale or licensing, for a fee; use of any MIDIRS Material(s) or content (other than normal quotations with appropriate citation) for promotional purposes, whether for a fee or otherwise; use for the purposes of monetary reward by means of sale, resale, licence, loan, transfer or other form of commercial exploitation.

4.2 MIDIRS also grants you a non-exclusive, royalty-free licence to use any journals that formed part of the MIDIRS Materials to which you subscribed and that were published during the period of your subscription following the termination or expiry of your subscription, except for any portion of journal material that is expunged from the archive for any reason. Your use of any MIDIRS Materials for which perpetual access is hereby granted, is subject to the provisions of this Agreement, which shall continue to apply to your use of any MIDIRS Materials following termination or expiry of this Agreement.

4.3 We may make changes to MIDIRS Materials and to the way these are made available to you to reflect changes in the law and regulatory requirements, to implement minor adjustments or improvements (for example to address a security threat), or for

clinical, patient/product safety, editorial or legal reasons. These changes will not affect your use of the MIDIRS Materials. If we need to make more significant changes to the MIDIRS Materials and/or these terms and conditions other than those set out above (for example, because we have decided to make changes to format and/or ‘look and feel’ and/or the functionality and type of our delivery platforms) we will notify you. If you do not agree to the changes we are proposing, you may then contact us to cancel your subscription before the changes take effect and receive a refund for any MIDIRS Materials paid for but not received.

4.4 You agree to comply with our Website terms and conditions (as may be updated by us from time to time) which apply in addition to and form part of this Agreement. The Disclaimers set out in the Website terms and conditions apply to the MIDIRS Materials and you agree that your access to and use of the MIDIRS Materials (or any of them) will be in accordance with, and subject to, the Website terms of use.

Please read the Website terms and conditions before placing your order for a subscription because they do and will continue to form part of the Agreement.

4.5 While MIDIRS will (i) use reasonable skill and care in developing MIDIRS Materials and in providing you with access to MIDIRS Materials as part of your subscription and (ii) use reasonable efforts to remedy any faults or errors of which we become aware, MIDIRS Materials are provided and made available to you via your subscription on an “as is” or “as available” basis. We make no promises in respect of the quality, completeness or accuracy of the information published. Unless we expressly state otherwise, all MIDIRS Materials are provided as a resource for your general information and use and are not (nor are they intended) to address your or any particular requirements. Our products are intended for use by maternity health care professionals, student midwives or other allied health professionals and clinicians, however, it is your responsibility to make your own professional decisions and judgments and to independently verify any information that you may choose to rely upon in MIDIRS Materials.

4.6 MIDIRS relies on authors, contractors and third party data providers to confirm the accuracy of information and advertisements contained in the MIDIRS Materials and therefore MIDIRS cannot and does not warrant the accuracy of the MIDIRS Materials (or any part of them). Readers should be aware that professionals in the field may have different opinions. Because of this fact and also because of regular advances in medical research MIDIRS strongly recommends that all readers independently verify any information in the MIDIRS Materials that they choose to rely upon. Ultimately it is the reader’s responsibility to make their own professional judgements. Opinions posted on any part of the Website are those of the individuals posting them and not the views of MIDIRS. Differences may occur between the print and online text of articles and advertisements.

4.7 All MIDIRS Materials belong to MIDIRS or its licensors who own all intellectual property rights (including copyright) in MIDIRS Materials. No intellectual property rights in any MIDIRS Materials are transferred to you.

4.8 On cancellation or expiry of your subscription, your access to MIDIRS Materials (and the right to receive print copies, if applicable) shall cease save that you shall continue to be entitled to perpetual access to MIDIRS Materials as provided under section 3.9. If MIDIRS terminates or cancels your subscription for breach of this Agreement by you as provided under section 3.10, all rights to access MIDIRS Materials including the perpetual access granted under section 4.2 (and the right to receive print copies, if applicable) shall cease.

  1. Additional Terms governing use of MIDIRS Materials

5.1 Access to the Reference Database and/or Reference Database Data

  1. i) Access to the Reference Database shall commence within 5 working days of receiving your subscription Order.
  2. ii) The username and password issued to you when you register on the Website will enable you to access the Reference Database for the duration of the Subscription Period, subject to the terms and conditions herein. Any unauthorised use of your username or password, including permitting a third party to use it to access the Reference Database, shall constitute a breach of your Subscription and shall entitle MIDIRS to terminate your Subscription immediately.

iii) MIDIRS reserves the right without notice to: (a) alter the arrangements for access to the Reference Database; (b) change the content, presentation and/or facilities of the Reference Database and/or (c) withdraw any Data from the Reference Database.

5.2 Use of the Reference Database: You may use the Reference Database in the following ways: a) Search and view the Reference Database on screen b) Reproduce, quote and excerpt extracts of the RD Data in your own research, teaching, and otherwise for personal use. Where references are cited, the user agrees to attribute the reference to the correct source c) Print extracts of the RD Data for your own personal studies and for distribution to third parties where those third parties undertake not to distribute the same d) Bookmark or link to any part of the Reference Database for your personal use e) Download extracts of the RD Data to a storage device under your exclusive control and store the same in order to carry out the above functions.

5.3 Restrictions on use: Except as expressly permitted herein or with MIDIRS consent, you may not: (a) re-use, reproduce, decompile, reverse engineer, disassemble, and attempt to discern the source code of the Reference Database or interfere with the RD Data in any way

(b) create derivative works from the whole or any part of the RD Data (c) licence or sell the data or use the RD Data as a material part of a product licensed or sold (d) store or use the RD Data in any form of database intended for the storage and/or provision of access to know-how by third parties (e) assign or otherwise dispose of your rights under your Subscription

  1. Our liability to you

Please read this section carefully – it makes clear to what extent, if any, MIDIRS accepts responsibility (liability) to you for your use of MIDIRS Materials.

6.1 MIDIRS accepts no responsibility if you incur any loss or damage as a result of using MIDIRS Materials outside the scope of these terms and conditions. Nor does MIDIRS accept any responsibility in respect of any third party products or services referred to or linked to in any MIDIRS Materials.

6.2 MIDIRS will be responsible only for loss or damage that is reasonably foreseeable as a result of its breach of these terms and conditions or otherwise as a result of a breach of a legal duty of care owed to you, and all MIDIRS total financial liability to you is limited to 100% of the price you have paid for your subscription or where there is no subscription, the sum of £0 (zero pounds sterling).

6.3 MIDIRS is not responsible for, and is not liable to you if you suffer or incur, any loss as a result of matters beyond its reasonable control such as, by way of example (and not limited to), the provision or performance of public or private communications networks, internet services and/or connections, acts of god, industrial action, terrorist attack or threat. If, due to an event beyond our reasonable control, we are unable to provide access to MIDIRS Materials for a consecutive period of more than 28 days, you may cancel your subscription

and we will refund any amounts that you have paid us in advance that relate to any remaining period of your subscription.

6.4 MIDIRS liability will not be limited or excluded in the case of death or personal injury directly caused by MIDIRS negligence; nor is MIDIRS liability otherwise excluded or limited for loss or damage that cannot as a matter of law be excluded or limited.

  1. General

7.1 Transferring MIDIRS rights and obligations. MIDIRS may transfer its rights and obligations under this Agreement to another organisation upon notice to you. You may not do so and any rights granted herein are personal to you.

7.2 Severability. Each of the provisions set out in this Agreement operates separately. If any court of competent jurisdiction determines that any of them are invalid, the invalidity will not affect the other provisions which shall remain in full force and effect (and construed accordingly to the extent necessary).

7.3 No waiver. If either party fails to exercise any right or remedy under this Agreement then such failure does not amount to a waiver of that right or remedy. That means in our case 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

7.4 Entire Agreement. This Agreement constitutes the complete agreement between you and MIDIRS relating to your use of MIDIRS Materials.

7.5 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 having to go to court. If you are not happy with how we have handled a complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution Procedure.

7.6 Law & Jurisdiction. This Agreement will be subject to English law and both you and MIDIRS agree that the courts of England will have non-exclusive jurisdiction to settle any dispute which may arise out of, or under, or in connection with this Agreement.

7.7 Questions & complaints. If you have any questions about your subscription, please contact us on (+44) 0117 370 6799 or email support@midirs.org.

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