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terms & conditions

Website disclaimer & Driver medical terms & conditions

1.Introduction

1.1    This disclaimer shall govern your use of our website and terms and conditions attached to using our driver medical service. 

1.2    By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

1.3 By booking your medical with us, you contractually agree to the points below. 

Driver Medical Terms & Conditions

2.1 It is the responsibility of the driver to ensure the correct medical has been booked.

2.2 In the event that Motor Medicals Ltd is unable to carry out the medical as planned, we will only be liable to issue a full refund. We will not responsible for any consequential losses.

2.3 The doctor will be unable to carry out the medical assessment if the correct items are not brought. It is the responsibility of the driver to be aware of the items required to the medical. Any questions regarding what is required can be directed to the head office on 0161 241 9622 or emailed through to info@motormedicals.com

2.4 You must bring the following to your medical; failure to bring the following may mean the doctor is unable to carry out the medical. No refund will be provided in this instance. Any further medicals will be charged at the standard cost with no discounts.

    1. List of medications
    2. Glasses or contact lenses if worn (with means to remove contact lenses during the appointment)
    3. Proof of identity
    4. Where required, you must bring your medical summary or medical records respectively.

 

2.5 In the unfortunate circumstances you fail your medical upon submitting it to the relevant Licensing Authority, Motor Medicals Ltd will accept no responsibility or be held liable for any consequential loss (including monetary).

2.6 If the doctor feels that you are not fit to drive according to the standards set by the relevant authority, then you will fail that medical. This includes if the blood pressure is greater than 180/100 as set by the group 2 standard. The doctor must comply by the standards set, and any requests to alter guidance are forbidden. A repeat medical will incur standard charge. Any losses due to the failure of a medical assessment are the responsibility of the driver.

2.7 It is the responsibility of the driver to ensure the medical form has been completed correctly and accurately. Any doubts may be discussed with head office on 0161 241 9622 or by emailing info@motormedicals.com. Motor Medicals Ltd will not take responsibility for any forms rejected by the DVLA or any consequential losses that arise from this.

2.8 If your license is delayed or refused due to any inaccuracies on our behalf, we will not be held responsible for any consequential losses. We will arrange a rescheduled appointment to correct this where possible. If this is not possible, we will be limited to cover the cost of the medical examination. You agree, without exception, any losses or costs due to the incorrect completion of the form cannot be claimed against us or the doctor completing the form.

2.9 If after sending the form to the relevant authority, amendments were required, we will arrange a repeat medical assessment with no additional charge. Where this is not possible will refund the amount of the medical assessment only. Any losses incurred due to this are the responsibility of the driver.

3.0 It is the responsibility of the driver to ensure they provide accurate and honest information.

3.1 The driver must inform Motor Medicals Ltd of any cancellations/ clinic rearrangement requests with more than 24 hours’ notice of their medical (Monday to Friday). Any requests outside this timeframe will not be accepted and any medical costs will be incurred by the driver.

4.Copyright notice

4.1    Copyright (c) 2020 Motor Medicals Ltd.

4.2    Subject to the express provisions of this disclaimer:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

5.Permission to use website

5.1  You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser; and

(c)    print pages from our website,

        subject to the other provisions of this disclaimer.

5.2    Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

5.3    You may only use our website for your own personal purposes; you must not use our website for any other purposes.

5.4    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

5.5    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

6.Misuse of website

6.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    hack or otherwise tamper with our website;

(d)    probe, scan or test the vulnerability of our website without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our website;

(f)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g)    impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h)    decrypt or decipher any communications sent by or to our website without our permission;

(i)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j)    access or otherwise interact with our website using any robot, spider or other automated means;

(k)    use our website except by means of our public interfaces;

(l)     violate the directives set out in the robots.txt file for our website;

(m)   use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n)    do anything that interferes with the normal use of our website.

5.2    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

7.Limited warranties

7.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date;

(c)    that the website will operate without fault; or

(d)    that the website or any service on the website will remain available.

7.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

7.3    To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

8.Limitations and exclusions of liability

8.1    Nothing in this disclaimer will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

8.2    The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer: 

(a)    are subject to Section 7.1; and

(b)    govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

8.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

8.4   We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

8.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

8.6   We will not be liable to you in respect of any loss or corruption of any data, database or software.

8.7   We will not be liable to you in respect of any special, indirect or consequential loss or damage.

9.Variation

9.1   We may revise this disclaimer from time to time.

9.2   The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website. 

10.Severability

10.1    If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

10.2    If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

11.Law and jurisdiction

11.1  This disclaimer shall be governed by and construed in accordance with English law.

11.2  Any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of England.

12.Our details

12.1  This website is owned and operated by Motor Medicals Ltd.

12.2  We are registered in England and Wales under registration number 12730976, and our registered office is at Motor Medicals Ltd, International House, 61 Mosley Street, Manchester, M2 3HZ, United Kingdom.

12.3  You can contact us:

(a)    by post, to the postal address given above;

(b)    using our website contact form;

(c)    by telephone, on the contact number published on our website; or

(d)    by email, using the email address published on our website.