The following terms and conditions shall govern your use of the online Lexis services supplied by RELX (UK) Limited (“Lexis”) and provided by Preptackle for the purpose of preparation for the OSCE assessments ("Online Services”) and the materials and content available therein ("Materials"). These general terms and conditions and any Additional Terms (as defined below) shall be referred to as the "Agreement".
Subject to any Additional Terms, you are allowed to use the access and Materials from time to time made available to you for the purposes only of OSCE research practice and preparation, subject to the following limitations.
1. VALIDITY
1.1. Your access will commence within 7 days of payment and will remain available for a duration of 6 months or until your actual OSCE sitting date, whichever comes first.
1.2. The duration of your access period cannot be frozen; however, it can be extended for a duration of 1, 2 or 3 additional month(s). In all cases, it cannot be extended beyond your actual OSCE assessment last sitting date.
2. USAGE
2.1. You will only use the Online Services and Materials for the purpose of preparation for the OSCE assessments and shall not be used for any commercial use whatsoever (“Authorised Purpose”)
2.2. You must not display Materials retrieved from the Online Services to any other person. Only you are authorised to access and use the Online Services and Materials ("Authorised Users").
2.3. Your Lexis access must not be shared, transferred, sold or offered to other parties, nor is it to be used by or made available to any person except yourself.
2.4. Printout of Materials is limited to a printout of a reasonable portion of the Materials obtained (collectively, "Authorised Printouts").
2.5. The right to retrieve and store machine-readable copies of Materials is limited to the retrieval of a single copy of a reasonable portion of the Materials included in any individual file of the Online Services using the downloading commands of the Online Services or your web browser software and storage of that copy in machine readable form for no more than 90 days, primarily for your own use and only for the Authorised Purpose, to the extent the storage of those Materials is not further limited or prohibited by the Additional Terms.
2.6. Except as specifically provided above you are otherwise prohibited from downloading, storing, reproducing, transmitting, displaying, printing, copying, distributing, or using Materials retrieved from the Online Services. All access to and use of the Online Services via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Online Services is strictly prohibited. Use of the Online Services is permitted only via manually conducted, discrete, individual search and retrieval activities.
2.7. You agree to comply with and be bound by Lexis terms and conditions as may be in force from time to time which can be found in this link as well as any supplemental terms and conditions published within a publication or product, online descriptions of files, online notices following file selection and individual documents retrieved from the Online Services of certain Materials and Online Services (collectively, the "Additional Terms"), all of which are incorporated by reference into these general terms. In the event of any conflict between these general terms and the Additional Terms, the more restrictive of the conflicting provisions will prevail.
2.8. Any password / ID number issued by Lexis is personal and confidential. If Lexis or Preptackle suspects that any password / ID is being used by an individual who is not an Authorised User or a different Authorised User to the person to whom it was issued, that Password / ID may be cancelled.
2.9. Preptackle is not responsible for any technical issues when using Lexis.
3. INTELLECTUAL PROPERTY
3.1. You acquire no ownership of copyright or other intellectual property rights or proprietary interest in the Online Services, Materials, or copies thereof.
3.2. You may not use the Online Services or Materials retrieved from the Online Services in any fashion that infringes the copyright or proprietary interests therein.
3.3. You may not remove or obscure the copyright notice or other notices contained in Materials retrieved from the Online Services.
4. CONTENT, MATERIALS AND FEATURES
4.1. Your access include Lexis Academic Library.
4.2. Materials and features may be added to or withdrawn by Lexis from the Online Services and the Online Services otherwise changed without notice.
4.3. Preptackle does not warrant as to the accuracy, reliability or suitability of the Lexis content, and shall not be held responsible for any errors or inaccuracies found therein, nor shall it be held responsible for any losses suffered as a result of relying on Lexis content.
4.4. THE ONLINE SERVICES AND MATERIALS ARE PROVIDED BY LEXIS ON AN "AS IS", "AS AVAILABLE" BASIS AND WE MAKE NO EXPRESS WARRANTIES, INCLUDING WITHOUT LIMITATION THAT THE ONLINE SERVICES AND MATERIALS ARE OR WILL BE COMPLETE OR FREE FROM ERRORS OR THAT INFORMATION WILL CONTINUE TO BE AVAILABLE AND UP-TO-DATE.
4.5. The Materials are provided for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice or judgement or to provide legal advice with respect to particular circumstances. You should obtain independent verification or advice before relying upon any piece of information.
5. LIABILITY
5.1. The Covered Party (defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (a) any errors in or omissions from the Online Services or any Materials available or not included therein; (b) the unavailability or interruption to the supply of the Online Services or any features thereof or any Materials; (c) your use or misuse of the Online Services or Materials (regardless of whether you received any assistance from a Covered Party in using or misusing the Online Services); (d) your use of any equipment in connection with the Online Services; (e) the content of Materials; (f) any delay or failure in performance beyond the reasonable control of a Covered Party; or (g) any negligence of a Covered Party or its employees, contractors or agents in connection with the performance of our obligations under this Agreement. "Covered Party" means: (a) Preptackle and Lexis, in addition to their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of us or our affiliates; and (b) each third party supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or any of their affiliates.
5.2. Preptackle and Lexis liability for breach of any condition or warranty implied under any law which cannot be lawfully modified or excluded by these terms shall, to the extent permitted by law, be limited at our option to supplying the Online Services or Materials again or paying for their re-supply. Nothing in this Agreement is intended to exclude liability for death or personal injury resulting from any negligence.
5.3. Subject to clause 5.2, the aggregate liability of the Covered Parties in connection with any other claim arising out of or relating to the Online Services or Materials shall not exceed the amount of your actual direct damages or the amount paid by you for the subscription to Lexis under these terms, whichever is less.
5.4. Subject to Clause 5.2, the Covered Parties shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, legal fees) in any way due to, resulting from, or arising in connection with the Online Services, Materials, or the failure of any Covered Party to perform its obligations, regardless of any negligence of any Covered Party.
6. THIRD-PARTIES
6.1. Each third-party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third-party beneficiary. The failure of us or any third-party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
6.2. You acknowledge that in the event that you breach these terms, or are suspected of having breached them, Lexis and any third parties who own intellectual property rights in Lexis, shall be empowered to take action directly against you and you hereby authorise Preptackle to deliver a copy of this contract to Lexis or the third parties concerned in such circumstances or if requested by Lexis or the third parties for any reason whatsoever. You further acknowledge that your individual usage of Lexis content is monitored by Lexis.
7. BREACH
7.1. If either Preptackle or Lexis should determine that you have violated the policies set forth here or any applicable laws or regulations, each of Preptackle and Lexis reserves the right, severally, in its sole discretion, to deny further access to Lexis, without limiting any other rights or remedies each may have.
7.2. We may suspend or discontinue providing the Online Services to you without notice and pursue any other remedy legally available to us if you fail to comply with any of your obligations under these terms.
7.3. We may terminate your access to Lexis with immediate effect if you are in material breach of your obligations herein in which case (and without prejudice to any other rights we or Lexis may have) you will not be entitled to any refund of any charges paid in advance and any charges due shall become payable immediately.
7.4. In the event that you breach, or permit another person to breach the policies set forth here, the policies contained within theses terms for accessing Lexis, or any applicable laws or regulations, Preptackle shall not be held responsible for such breach, or any consequences of such breach, whatsoever. You agree to indemnify Preptackle in full for any losses or expenses incurred by Preptackle due to any such breach.
8. GENERAL
8.1. You recognise that, in the process of accessing and using the Online Services and Materials, you will be required to supply personal data. You represent and warrant that in supplying personal data to us, you provide consents and authorisations for processing such personal data by Preptackle and Lexis.
8.2. These terms, including terms on Lexis website that are incorporated by reference (as may be updated from time to time), contains the entire agreement between the parties relating to the provision and use of the Online Services and the Materials and it supersedes any prior agreements, representations or understandings between the parties (whether oral or in writing) unless expressly incorporated by reference. Each party acknowledges that it has not relied on, and shall have no remedy in respect of, any representation (whether innocent or negligent) made but not expressly embodied in this Agreement. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
8.3. Except as otherwise provided herein, all notices and other communications to you hereunder shall be in writing or displayed electronically in the Online Services by the provider thereof. Notices to you shall be deemed to have been properly given on the date posted, if posted; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner.
8.4. You may not assign your rights or delegate your duties without our prior written consent.
8.5. You acknowledge that you will not have the right to cancel your order once the access is available to you for the first time.
8.6. Preptackle and/or Lexis reserves the right to cancel your access by written notice with immediate effect. In such an event, Preptackle shall issue a pro-rated refund of any fees you have paid in advance for access to Lexis, within 30 days of the date of cancellation. Subject to the refund, you shall have no other claims against Preptackle.
8.7. Non-performance of Preptackle shall be excused to the extent that performance is rendered impossible where failure to perform is a result of actions, omissions or circumstances beyond the reasonable control of Preptackle.
8.8. You acknowledge that access to Lexis may be unavailable in certain countries or geographical regions which are subject to export control or economic sanctions laws and regulations. Such access will also be unavailable from computers or other devices identified as being used in such countries or geographical regions through their IP address. Lexis reserves the right, in its sole discretion, to update the list of countries and regions in which access to Lexis is unavailable, and Preptackle shall not be responsible for any lack of access to Lexis content in the event that Lexis shall exercise such a right.
8.9. This Agreement, (and any non-contractual obligations arising out of or in connection with it) shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any claims or disputes which may arise under or in connection with this Agreement (including any non-contractual claims or disputes).