Welcome
Terms and conditions for use of this website
Effective June1st 2007
If you use the "cddata.co.uk" website ("the Website") you agree to be bound by these terms and conditions.
1. Definitions
In these terms and conditions, "we" and "us"means UBM Medica Limited. The address from which we provide these online services is CMP Information, Ludgate House, 245 Blackfriars Road, London SE1 9UY. Our VAT identification number is: GB 238 6233 56.
2. Access to the Website and content
2.1 The information provided by us on the Website is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice.
2.2 We are continually improving our goods, so specifications or design changes may be made at any time. We shall use reasonable commercial endeavours to keep the Website up to date but information and specifications given are for your information only and are subject to change without notice.
2.3 We try to ensure that pictures of the goods on the Website are as accurate as possible, but there are technical limitations and slight variations in colour and texture between the pictures and the goods themselves must be expected.
2.4 We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
2.5 We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
2.6 We assume no responsibility for the contents of any other websites to which the Website has links.
3. Intellectual Property
3.1The copyright in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to UBM Medica, its subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
3.2 "cddata.co.uk" is a trademark of "UBM Medica". Other product and company names mentionedon this Website may be the trademarks or registered trademarks of their respective owners.
3.3 You shall retain ownership of all copyright in data you submit to the Website. You grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
4. Exclusions of liability
4.1 We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked.
4.2 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with these terms and conditions or use of the Website save where such liability cannot be excluded by law.
4.3 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
5. Exclusion of liability for suppliers' goods and services
We list a number of manufacturers, brands and products on the Website and display links to the websites of certain manufacturers. We can accept no liability for any goods or services provided by third party suppliers or manufacturers. Any goods or services which are not stated to be provided by us are provided by third parties over whom we do not have control and you should satisfy yourself that you wish to purchase those goods or services before contracting with the supplier or manufacturer. The suppliers or manufacturers will be supplying on their own standard terms and conditions and you should check that you agree to those terms and conditions before placing an order.
6. User name and password
6.1 In order to access data on the Website you must register with us for one of our subscription services. Following registration we will issue you with a user name and password which must be used in order to access the subscription service. The user name and password are personal to you and are not transferable.
6.2 Your user name and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your user name and password and any subscription or other payments due for services accessed through the Website by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately.
6.3 You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.
7. Data submitted by users
7.1 We accept no liability for data supplied by any user for display on the Website and the limitations in condition 4 above (Exclusions of liability) apply.
7.2 If you submit data for display on the Website you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary.
7.3 If you submit data for display on the Website you are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.
7.4 You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
7.5 We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.
7.6 You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition 7.
7.7 Subject to the Contracts (Rights of Third Parties) Act 1999 condition 7.5 may be enforced by the following people in their own right: any third party with whom we contract for content or advertising; and our employees or agents at the time of any failure to observe.
8. Data protection
8.1 We are committed to protecting your privacy. Please see our Privacy Policy
8.2 We will collect and use information supplied by you and other users of the Website to improve the Website and personalise your experience when you visit the Website.
8.3 We may also use it to tell you about changes in our services or about features we think you may find interesting. We do not sell, trade or rent your personal information to others. We may choose to do so in the future with trustworthy third parties but will not do so without your consent.
8.4 We employ third party companies to process payments on our behalf. Card payments within the Online Payment Portal are processed through software provided by Verifone and your payment is authorised through a division of Lloyds TSB called Lloyds Cardnet. They have access to the personal data they require to perform the functions but may not use personal data for any other purposes and they must process personal data in accordance with the Data Protection Act 1998. Verifone will not collect or store your personal data. Lloyds Cardnet will store your personal data and may transfer to, process and hold your personal data in countries within the European Economic Area and outside it in order to perform their duties. Both offer a secure environment for online card payments.
8.5 By registering with us or using the Website, you are deemed to have consented to use of personal information for these purposes. However, you can tell us not to deal with your personal information in these ways in the future by simply sending an e-mail message to info@cddata.co.uk.
8.6 Under the Data Protection Act 1998 we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access.
8.7 You may edit your personal information at any time.
9. Cookies
We use cookies to personalise your experience of the Website. For more information about cookies please see the "cookies" section in our Privacy Policy
10. Termination
10.1 We may terminate your access to the Website and the services within it on not less than 3 days' written notice to you.
10.2 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
11. General
11.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
11.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website.
Terms and conditions of the Web ONLY subscription service. (Terms and conditions for access via one of our Magazine subscriptions is covered under condition 6 above).
12. Subscription
12.1 In this Agreement: Agreement means the agreement between UBM and You for the provision of UBM Products as set out in the Order; C+D Data means the database created and published by UBM containing a series of datasets relating to certain products, including pharmaceutical products, together with PIP Codes allocated to certain products; UBM means UBM Information Limited (company no 370721) of Ludgate House, 245 Blackfriars Road, London SE1 9UY; UBM Products means the magazines specified in the Order and C+D Data, plus any updates thereof provided from time to time; Location means the location at which You are permitted to use the UBM Products, as specified in the Order or as otherwise agreed with UBM; Order means Your order for the Subscription however made (including any renewal thereof); Payment means the non-refundable fee payable by You to UBM for the Subscription, as published by UBM from time to time, and as adjusted for multiple Locations (if applicable); Subscription means one year’s subscription to the UBM Products for use at the Location; System Supplier means the third party authorised by UBM to re-publish C+D Data to You; You means the customer named in the Order, and Your shall be construed accordingly.
12.2 In consideration of Your maintaining the Subscription by making the Payment and complying with the terms of this Agreement You are licensed to use the UBM Products at the Location and for Your normal internal business purposes (and in the case of electronic versions of C+D Data, Your normal internal business purposes shall mean (i) reproduction and display of the same in Your dispensary computer system (but not in any EPoS system) including for purposes connected with your ordering of pharmaceutical products for that location) and (ii) where applicable, access to the C+D Data as part of the Subscription shall, unless expressly permitted otherwise in writing by UBM, be restricted to a maximum of twenty-five (25) webpage “views” in each calendar month, which shall be monitored and determined by UBM according to its own records).
12.3 Hard-copies of the UBM Products will be sent to the Location by UBM (or on its behalf). Electronic versions of C+D Data (if ordered) will be supplied to You by the System Supplier and UBM shall not be liable for any delay or failure by the System Supplier to provide the same to You.
12.4 The Subscription and the rights granted in this Agreement are non-exclusive, personal and non-transferable, and may not in any circumstances be sub-licensed to any third party or made use of by any agent on Your behalf.
12.5 You shall use the UBM Products at all times strictly in accordance with any instructions issued by UBM or the System Supplier and shall not in any circumstances: (a) resell, transfer, hire the UBM Products or otherwise make them available to any third party and must not make the UBM Products available online in whole or in part via the Internet or on any intranet; (b) except as expressly permitted by UBM or by law, copy, alter, adapt, delete, add to or translate the whole or any part of the UBM Products, nor permit the whole or any part of the C+D Data to be converted into electronic format (where supplied originally in hard-copy), combined with or become incorporated with any other data or within any other computer program(s) or database of any kind, nor decompile, recompile, re-create, disassemble or reverse engineer the same nor attempt (or permit any third party to attempt) to do so.
12.6 All intellectual property rights in the UBM Products and the C+D Data are and remain at all times the property of UBM and/or its licensors and save as expressly set out in this Agreement all rights therein are reserved. For the avoidance of any doubt, no licence granted under this Agreement permits You to do anything which requires a licence from the National Pharmacy Association (NPA).
12.7 Unless otherwise provided in the Order (eg by selection of direct debit), the Payment is payable annually in advance within 30 days of the date of UBM’s invoice and is exclusive of VAT. The Payment is not refundable in any circumstances.
12.8 C+D Data and the UBM Products are provided on an ‘as is’ basis and (save for any liability which it is unlawful to exclude) UBM does not accept any liability for any loss, whether direct, indirect or consequential, arising as a result of any use of the UBM Products. If UBM is held liable to You for any reason, UBM’s aggregate liability to You under this Agreement (whether arising from negligence or otherwise) shall not exceed the Payment.
12.9 UBM reserves the right at any time to amend the format of or alter, withdraw or delete any item from the UBM Products. UBM shall not be liable for use of superseded elements of the C+D Data after release of an update.
12.10 UBM may terminate (or, at its discretion, suspend) the Subscription if You commit a material or persistent breach of this Agreement which, if remediable, is not remedied within 21 days of a written notice requiring its remedy.
12.11 Any provision of this Agreement determined to be illegal, invalid, void or unenforceable shall be severed from the remaining provisions of this Agreement which shall continue in full force and effect.
12.12 This Agreement contains the entire agreement between UBM and You, and supersedes any other terms, relating to the subject matter hereof. Nothing in this Agreement shall serve to exclude liability for fraudulent misrepresentation.
12.13 This Agreement shall be governed by the laws of England whose courts shall have jurisdiction.
12.14 We may from time to time send you information to keep you up to date about our products and services. Your details may also be passed on to carefully selected third parties who may wish to provide you with information about products and services for healthcare professionals. If at any time you do not wish to receive information from UBM or third parties, please write to C+D Data at UBM Medica, Ludgate House, 245 Blackfriars Road, London, SE1 9UY
13. Subscription Fees
13.1 Data on the Website is available to users who have paid a subscription fee to us. If you wish to access such data, you will be required to register with us (as described in condition 6) and pay the subscription fee notified to you via the Website.
13.2 The subscription fee shall be payable immediately on the date of our acceptance of your registration (which we shall notify you of via e-mail) and shall, at our sole discretion, be non-refundable.
13.3 If you pay the subscription fee by credit or debit card, you hereby represent that you are the owner, holder and authorised user of the credit or debit card specified by you on our registration form and you agree that we are authorised to take payments from your account as and when we accept your registration and when renewal of your registration is required. You further agree that this authorisation will remain in effect until you revoke it in writing to us.
13.4 Where you wish to pay by invoice, we shall issue an invoice on our acceptance of your registration to the address you provide on the registration page. All such invoices are payable within 30 days of the date of the invoice.
13.5 We reserve the right to change the subscription fee and billing methods at any time. We shall notify you of all such changes at your renewal date and your continuing use of the Website and our data services will constitute acceptance of such changes. We reserve the right to terminate your account immediately without further notice if you do not accept any such changes or fail to pay our invoices or allow us to debit subscription payments from your account.
13.6 All subscription fees payable are exclusive of VAT and shall be paid in full without deduction or withholding.
13.7 If you wish to cancel your subscription, you must notify us in writing of your intention to cancel within seven working days after our acceptance of your registration. Upon receipt of such notification, we shall refund the subscription fee and terminate your account with us.
13.8 At the end of the period for which the subscription fee was payable, we shall send you a renewal notice and this agreement will automatically renew when you inform us that you wish to renew your subscription.
14. Formation of agreement
An agreement for us to provide the subscription services to you is made on the basis of these terms and conditions when we accept your registration by confirming acceptance of your subscription. (This agreement between us is referred to in these terms and conditions as "this agreement".)
15. Scope of advertisements
The content of the Website is directed solely at those who access the site from the United Kingdom. We make no representation or warranty that any goods referred to in the Website are available or are otherwise suitable for use outside the United Kingdom.
16. Liability
16.1 We will take all reasonable care to keep your subscription secure, but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit and account details) you provide when accessing or ordering from the Website. It is up to you to keep your username and password secret.
16.2 We shall not be liable to you in connection with this agreement in contract, tort (including negligence) or otherwise for any loss of profit, anticipated savings or data (in each case whether direct or indirect) or any indirect loss.
16.3 Our aggregate liability to you in connection with this agreement shall not exceed £1,000.
16.4 Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death, personal injury or damage to property caused by our negligence.
17. Statutory Rights
These terms and conditions do not affect your statutory rights (if appropriate) as a consumer.
18. Matters outside our control
We shall not be liable to you or in breach of this agreement for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control.
19. E-mail and contact details
E-mails to you shall be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them.
20. General
20.1 If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
20.2 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
21. Complaints
If you have a complaint, please e-mail us at: info@cddata.co.uk.
22. Governing law
22.1 These terms and conditions shall be governed by and construed in accordance with English law.
22.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
Privacy Statement
We are committed to protecting your privacy. Any information that we collect about you lawfully will be in accordance with the Data Protection Act 1998. We do not know the name, phone number or home address of individuals who visit C+D Data on line.
We may occasionally ask for an email address in order to keep you informed of updates to particular sections of the site. You may at any time remove that address from our lists by following the procedures listed in that section.
www.cddata.co.uk does not sell, rent or give away lists of email addresses to third parties.
We may use technology to track the patterns of behavior of visitors to our site but we make no attempt to associate this information with a user's identity. This is standard practice for calculating visitor statistics.
Tracking visitor statistics can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening if you so wish.
Cookies are small text files that a web site can use to store small amounts of information (most of the sites you visit use cookies). Cookies are not programs that are written to a user's system that can cause damage.
We would collect information about you only to provide you with the best possible service on C+D Data online.
We will not e-mail you in the future unless it is in response to your own mail, or you have given us your consent.
We will never collect sensitive information about you or your business without your explicit consent.
Note:This privacy statement does not apply to users of C+D Data Online where subscription details are held for authentication purposes. See separate Conditions and Notices.
If you have any questions/comments about privacy, you should email us at info@cddata.co.uk