Terms and Conditions

Sales Policies

Terms and Conditions

Including affiliates of OR Productivity PLC:
Freehand 2010 Ltd, ORPE d.o.o. and Prosurgics Inc

General Disclaimer

  1. The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to the products and services found on this website.
  2. We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
  3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

For the Supply of Goods

1 GENERAL

1.1 All sales by OR Productivity plc or such of its affiliates as may be otherwise stipulated, (hereafter "Seller") are subject to the special terms of sale specified on offers and sales agreements issued or signed by Seller and to these General Terms. Amendments must be in writing, signed by a duly authorized representative of Seller. Submission of an order to Seller shall mean that Buyer is deemed to have accepted the special and general terms of sale applicable as specified in Seller-issued or signed documents.
1.2 In the event of conflict, the order of priority shall be: (a) the special terms issued or signed by Seller and applicable to the concerned sale, (b) these General Terms.
1.3 "Products" shall mean the products offered for sale by Seller.

2 PRODUCT INFORMATION SUPPLIED TO BUYER

2.1 Catalogues and price lists are supplied to Buyer purely for information, and nothing contained therein shall form any part of these General Terms, and Seller may change prices or the list of Products available for sale at any time without notice, provided, however, that Seller shall not change any prices after Seller has formally accepted an order from Buyer.
2.2 Save as provided in Paragraph 8, Seller makes no representation or warranty regarding Products. Seller shall use its reasonable efforts to deliver Products which conform to the Product specifications issued by Seller or included in Seller's Product catalogues user manuals or other Product information documents but reserves the right to change or modify the design, specification or source of the products. Buyer shall store Products in facilities appropriate for Products' future use, and shall not use Products after the specified ‘Use before Date’.

3 ORDERS

3.1 Buyer shall submit orders for Products by e-mail, mail or facsimile to Seller or to Seller’s authorised representative. All telephone orders must be confirmed in writing within seven days. Such orders shall specify the following minimum information, with respect to each Product ordered: (i) the Product part number, (ii) the quantity ordered, (iii) the price per item, (iv) the requested delivery dates, (v) agreed delivery and payment terms if applicable, and (vi) the shipping instructions and any other pertinent information.
3.2 An order shall be binding upon Buyer at the time of submission to Seller. Seller shall be bound only upon formal acceptance by Seller which may be given by e-mail, mail or facsimile.
3.3 Buyer shall not cancel any order, in part or in whole, once Buyer has received Seller's formal acceptance of such order, unless Buyer: (i) notifies Seller of the desired cancellation before the Products are delivered by Seller, and (ii) agrees to pay Seller a cancellation fee amounting to fifty percent (50%) of the total order or part order to be cancelled.
3.4 Unless expressly authorized by Seller in writing, orders for Products shall not be accepted unless they result in a total net purchase of at least £50 (FIFTY POUNDS). In case Seller does accept any order for a smaller net total amount, Seller reserves the right to apply special handling charges to such order.

4 DELIVERY, TITLE, RISK

4.1 Products are sold FOB shipping warehouse, provided, however, that Seller shall maintain, directly or indirectly through Seller's authorised representative, an inventory of Products at a warehouse located within Buyer's country. The risk associated with loss of, or damage to, Products shall be for Buyer's account as from the time of delivery to the carrier.
4.2 Title to the Products shall pass to Buyer when Seller receives full payment from Buyer.
4.3 Buyer shall not refuse delivery of partial shipments or of any shipment that includes Product errors or damaged Products. To notify Seller of damaged products or errors, Buyer shall make the appropriate notice on the shipment documents at the time of delivery of Products, and shall send a copy of such annotated shipment documents to Seller at the latest ten (10) days after such delivery. Failing such notification, Buyer shall have no right to claim that Products shipped were not in perfect condition and corresponding to the invoice and Seller shall not be responsible for any defects which examination of Products would or should have revealed. Buyer shall store the Products until returned to Seller.
4.4 In case of faulty Products, Seller shall use its reasonable efforts to promptly ship, at Seller's exclusive cost, replacement Products to Buyer. Such replacement Products shall be invoiced separately to Buyer, at the prices agreed in the accepted order, while Products returned and accepted by Seller pursuant to Seller's Product return policy set out in paragraph 12 shall be credited to Buyer at the invoiced price.

5 PRICES, INVOICES

5.1 The Product price list current at the time the order is accepted by Seller shall determine the invoice price, unless Seller notifies Buyer of a different price. Seller may at its discretion change the prices for the Products. All prices are exclusive of duty or tax, in particular VAT, which Buyer shall be liable to pay at the applicable rate from time to time.
5.2 Seller shall use its reasonable efforts to issue invoices for Products at the soonest on the day of shipment of an order. Any one order may result in several and separate invoices from Seller in case of separate shipments, provided that each invoice shall clearly reference the order it corresponds to.

6 PAYMENT TERMS

6.1 Buyer shall pay all invoices for Products within thirty (30) days net of the date of the invoice. Payment shall be considered as effective only upon receipt of the full amount invoiced, without any deduction of any kind, into the bank account identified separately by Seller to Buyer, in the currency specified in the invoice.
6.2 Any amount not received by Seller when due shall automatically accrue interest at the late payment interest rate of four percent (4%) above the base rate of the Bank of England from time to time or, if higher, and if applicable, the rate pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
6.3 Until such time as property in the Products passes from Seller pursuant to clause 4.2 or upon the occurrence of any of the termination events in clause 14 below, Seller may (without prejudice to any of its other rights and remedies) by notice in writing request Buyer to deliver up to it such Products as have not been resold. If Buyer fails to do so within 14 days Seller may enter upon any land or premises owned, occupied or controlled by Buyer where such Products are situated and repossess the Products and take all necessary steps to enable it to recover and dispose of the Products.
6.4 Seller may suspend any further shipment of Products, even after orders have been accepted, until any and all overdue amounts, including accrued late payment interest charges until the date of actual payment, have been paid into Seller's bank account. Such remedies are in addition, not in lieu of, any other remedies available to Seller under applicable law.
6.5 Buyer shall not be entitled to deduct or set off against any sum due to Seller any monies which are not presently payable by Seller or in relation to which Seller disputes liability.

7 LIMITATION OF LIABILITY - FORCE MAJEURE

7.1 Seller shall use reasonable efforts to deliver Products upon the dates or within the delays specified in the accepted order, but Seller shall not be liable in case of late delivery, and Buyer shall not refuse, in part or in whole, any delivery of Products due to any delay in shipment.
7.2 Seller shall not be liable to Buyer for failing to perform, in whole or in part, any of its obligations if such failure is caused by Force Majeure. Force Majeure is understood, for the purposes of these General Terms, to include any and all events beyond the reasonable control of Seller. Seller shall inform Buyer of the occurrence of the Force Majeure event promptly, as well as of the expected effect on the fulfillment of Seller's obligations. Moreover, Seller shall use its reasonable efforts, however, to mitigate the consequences of Force Majeure, or to find alternative means of fulfilling its obligations in reasonably comparable economic ways. In case Force Majeure is preventing, or expected by Seller to prevent, Seller from delivering Products ordered to Buyer for more than thirty (30) days past the planned date of delivery, Buyer and Seller shall have the right to cancel the concerned order in whole or in part, by informing the other party in writing at any time before the effective shipment of the Products by Seller.

8 LIMITED PRODUCT WARRANTY

8.1 Seller grants Buyer with respect to the particular Products that benefit from a product warranty, a limited Product warranty in the terms set out in the relevant Product documentation or packaging. The remedies set out in such Product warranty are the only remedies available in the event of breach of such warranty.
8.2 Save as expressly provided in these General Terms no term, condition or warranty is made or implied, including as to the quality (satisfactory or otherwise) or fitness of the Products supplied, or to the effect that Products will be suitable for any particular purpose or for use under any specific conditions which may be known or made known to Seller.
8.3 Without prejudice to paragraph 8.1 above and to the extent permissible by law, Seller shall be under no liability to Buyer for any loss, damage, injury or expense whatsoever arising from a defect in the Products or from any cause whatsoever relating to the Products.
8.4 Any liability that Seller may have under these General Terms shall be limited to the damage suffered directly by Buyer and shall in no case exceed the sums payable in respect of those Products which have been supplied in breach of these General Terms.
8.5 Seller shall not be liable in contract, tort (including negligence or breach of statutory duty) statute or otherwise for any indirect or consequential loss or damage of any kind or for any increased costs or expenses or for loss of profit, business, use, contract, revenues or savings, whether or not Seller has been advised of the possibility of such loss and for the avoidance of doubt Buyer hereby waives all and any rights to claim any contribution from Seller in respect of any liability on the part of Buyer to any third party in respect of any loss and/or injury or damage for which Seller is also liable to such third party pursuant to the Civil Liability (Contribution) Act 1978.
8.6 No employee, agent or representative of Seller shall have any authority to bind Seller to any statement concerning the Products which is not expressly contained or referred to in these General Terms. Buyer shall have no remedy in respect of any statement, whether written or oral (other than a fraudulent misstatement) made to it upon which it relied in entering into these General Terms and Seller shall have no liability to Buyer other than pursuant to the express terms of these General Terms.
8.7 Nothing in these General Terms shall exclude or restrict any implied conditions or warranties or exclude or restrict Seller's liability to the extent that such cannot be excluded or restricted by law.

9 RECALLS

Buyer shall maintain a tracking system which shall record or allow it to retrieve, in the format required by law, for the lifetime of each Seller's product used by Buyer (plus five years), all information on each Seller's product which is needed to comply with all legal requirements and/or official Guidelines which are or may become applicable to such Seller's products, including information on the end-user.

10 NOTIFICATIONS

Buyer shall immediately notify the responsible Seller's Director of Quality Assurance at the Seller's address by telephone and fax with a letter of confirmation by registered mail of any information on product performance or safety including, but not limited to, any malfunction, failure, deterioration in the characteristics and/or performance, as well as inaccuracies in the instructions for use, coming to the attention of Buyer. Buyer shall hand over to Seller all relevant documentation pertaining thereto including in relation to end users, customers and patients.

11 FIELD ACTION

Buyer shall actively assist Seller in taking any steps required by Seller to perform a field action with regard to Seller's Products purchased by Buyer, including but not limited to implementation of any update, upgrade, change order, reminder to users correspondence regarding correct use, recall or withdrawal of Products. Buyer shall be responsible for its own costs of such assistance unless otherwise agreed.

12 PRODUCT RETURN POLICY

12.1 Seller must be informed of any Product return plan by Buyer and must approve such plan.
12.2 Minimum criteria for return:
a. Products must be in original packaging, and undamaged.
b. Packaging of all sterile Products must not be damaged or broken.
c. Seller must inspect systems, etc. before acceptance. Cost of possible repair will be charged to Buyer.
d. Credit will be granted to Buyer only if and when returned Product is accepted by Seller.
12.3 Seller shall not, under any circumstances, accept return of Products having their "use before date" expired or less than three months to run after the date of return.
12.4 Buyer may request that refused returned Products be re-shipped to it, at its exclusive expense; or Seller will have refused Product destroyed.

13 DATA PROTECTION

which Buyer provides or which is obtained in dealings with Buyer may be held by Seller in accordance with the applicable data protection laws and will be used by Seller, affiliates, its agents and sub-contractors to provide the Products and to review, develop and improve the Products and any related services and to enable Seller to provide Buyer and other customers with relevant information through marketing materials.

14 TERMINATION

Seller shall be entitled (without prejudice to its other rights and remedies against Buyer) by notice in writing to Buyer to terminate or suspend any agreement for the purchase of Products if
- Buyer permits any judgment to be taken or levied against it, becomes insolvent or unable to pay its debts, goes into liquidation or enters into any voluntary arrangement with its creditors or members, commences or has commenced against it any proceedings for liquidation or any voluntary arrangement, has a receiver or administrative receiver appointed over any of its assets, presents or has presented against it a petition for the appointment of an administrator or applies for an administration order, has a moratorium imposed pursuant to section 1A Insolvency Act 1986 (as amended); or suffers or undertakes anything analogous to the foregoing under the laws of any applicable jurisdiction; or - breaches any of its obligations under these General Terms.

15 MISCELLANEOUS

15.1 The validity, interpretation and enforcement of this Agreement shall be governed solely by the laws of England.
15.2 To the extent legally possible, and in the event the parties cannot find an amicable solution after reasonable efforts and negotiations, all disputes that arise out of this Agreement or in connection therewith shall be heard by the competent courts of England. Notwithstanding the foregoing, Seller shall have the right to seek injunctive relief and/or bring in an action for payment of debts against Buyer before any competent court, including courts with jurisdiction according to the registered address of Buyer or the address of shipment origin or destination of Products.
15.3 WAIVER
Seller shall not be deemed to have waived any of its rights or remedies whatsoever unless such waiver is in writing and signed by a duly authorized representative of Seller. No delay or failure of Seller in exercising or enforcing any of its rights or remedies shall operate as a waiver thereof.
15.4 INVALIDITY
The invalidity or unenforceability for any reason of any clause or part thereof in these General Terms shall not prejudice or affect the validity or enforceability of the remainder.
15.5 Buyer may not assign or transfer any of its obligations under this agreement without the prior written agreement of Seller.
15.6 Any notice required or permitted to be given by one party to the other under these General Terms of Sale shall be sent by registered mail or by special courier to the other party at the address provided in the formal acceptance by the Seller, or at any other address subsequently notified by one party to the other; any such notice shall be deemed to have been received not later than ten (10) days after having been handed over to the post office or to the special courier service.

Correct as at March 2017

For the Supply of Services

1. Application

1.1 These Terms and Conditions shall apply to the provision of the services detailed overleaf (“Services”) by OR productivity PLC a company registered in England & Wales under number 07776309 whose registered office is at: c/o Berry Smith LLP, Haywood House, Dumfries Place, Cardiff CF10 3GA or such of its affiliates as may be otherwise stipulated (“Supplier”) to you (“Client”) and to the payment of this invoice. No other terms and conditions shall apply to the provision of Services or to this invoice unless agreed upon in writing between the Supplier and the Client.
1.2 The essence of these Terms and Conditions remains the same as those included with the Supplier’s quotation. The tense has been altered to reflect the inclusion of these Terms and Conditions in an invoice.

2. Interpretation

2.1 A “business day” means any day other than a Saturday, Sunday or bank holiday.
2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2.3 Words imparting the singular number shall include the plural and vice-versa.

3. Fees

3.1 The fees (“Fees”) for the Services are set out in the quotation and confirmed in this invoice.
3.2 In addition to the Fees, the Supplier is entitled to recover from the Client reasonable incidental expenses for materials used and for third party goods and / or services supplied in connection with the Services. Any such expenses are included in this invoice.
3.3 The Client has agreed to pay the Supplier for any additional services provided by the Supplier that are not specified in the quotation in accordance with the Supplier’s current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between the Supplier and the Client. Any such additional services so rendered are detailed and charged for in this invoice.
3.4 The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

4. Quotation and Contract

4.1 The quotation constitutes written acceptance and confirmation by the Supplier of the Client’s order for the Services (as agreed between the Supplier and the Client).
4.2 The quotation is a contractual offer to provide the Services which the Client has accepted. The Supplier and the Client have entered into a contract for the provision of the Services.

5. Payment

5.1 The Client shall pay the Fees due under this invoice within 30 days of the date of this invoice or otherwise in accordance with any credit terms agreed between the Supplier and the Client.
5.2 Time for payment is of the essence of the contract between the Supplier and the Client.
5.3 If the Client fails to make payment within the period in sub-Clause 5.1, the Supplier shall charge the Client interest at the rate of 5% per annum above the bank LIBOR rate from time to time on the amount outstanding until payment is received in full.
5.4 If the Client fails to make payment within the period in sub-Clause 5.1, the Supplier shall have the right to suspend the provision of the Services (where the provision of the Services is ongoing) until payment is received in full.
5.5 Receipts for payment will be issued by the Supplier only at the Client’s request.
5.6 All payments must be made in GBP unless otherwise agreed in writing between the Supplier and the Client.

6. Liability and Indemnity

6.1 The Supplier will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under these Terms and Conditions, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Supplier’s employees, agents or otherwise) in connection with its provision of the Services or the performance of any of its other obligations under these Terms and Conditions or this quotation or with the use by the Client of the Services supplied.
6.2 The Supplier shall not be liable to the Client or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations if such delay or failure is due to any cause beyond the Supplier’s reasonable control.
6.3 The Client shall indemnify the Supplier against all damages, costs, claims and expenses suffered by the Supplier arising from any loss or damage to any equipment (including that belonging to third parties) caused by the Client or its agents or employees.
6.4 Nothing in these Terms and Conditions shall limit or exclude the Supplier’s liability for death or personal injury caused by its negligence or for any other matters for which it would be unlawful to exclude or limit liability.

7. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

8. Communications

8.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
8.2 Notices shall be deemed to have been duly given: (a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; (b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated; (c) on the fifth business day following mailing, if mailed by national ordinary mail; or (d) on the tenth business day following mailing, if mailed by airmail.
8.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.

9. No Waiver

9.1 No waiver by the Supplier of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.2 No failure or delay on the part of either the Supplier or the Client to exercise any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.

10. Severance

In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).

11. Law and Jurisdiction

11.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
11.2 Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

Use of Website

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.freehandsurgeon.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

  1. Definitions and Interpretation

    1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
    “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
    “We/Us/Our” OR productivity PLC a company registered in England & Wales under number 07776309 whose registered office is at c/o Berry Smith LLP, Haywood House, Dumfries Place, Cardiff CF10 3GA or such of its affiliates as may be otherwise stipulated and whose main trading address is Unit 2 Weyvern Park, Guildford GU3 1NA.

  2. Information About Us

    2.1 Our Site, www.freehandsurgeon.com, is owned and operated by OR productivity PLC, a limited company registered in England under 07776309 whose registered address is c/o Berry Smith LLP, Haywood House, Dumfries Place, Cardiff CF10 3GA and whose main trading address is is Unit 2 Weyvern Park, Guildford GU3 1NA United Kingdom.

  3. Access to Our Sites

    3.1 Access to Our Site is free of charge.
    3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

  4. Intellectual Property Rights

    4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
    4.2 Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
    4.3 You may:
    4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
    4.3.2 Download Our Site (or any part of it) for caching;
    4.3.3 Print pages from Our Site;
    4.3.4 Download extracts from pages on Our Site; and
    4.3.5 Save pages from Our Site for later and/or offline viewing.
    4.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
    4.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
    4.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

  5. Links to Our Site

    5.1 You may link to Our Site provided that:
    5.1.1 You do so in a fair and legal manner;
    5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
    5.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
    5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    5.2 You may link to any page of Our Site.
    5.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at info@freehandsurgeon.com for further information.
    5.4 You may not link to Our Site from any other site the main content of which contains material that:
    5.4.1 is sexually explicit;
    5.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
    5.4.3 promotes violence;
    5.4.4 promotes or assists in any form of unlawful activity;
    5.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
    5.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    5.4.7 is calculated or is otherwise likely to deceive another person;
    5.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
    5.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
    5.4.10 implies any form of affiliation with Us where none exists;
    5.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
    5.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

  6. Links to Other Sites

    Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

  7. Disclaimers

    7.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to using or supplying the products on Our Site.
    7.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    7.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

  8. Our Liability

    8.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
    8.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
    8.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    8.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
    8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    8.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

  9. Viruses, Malware and Security

    9.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
    9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    9.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    9.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

  10. Acceptable Usage Policy

    10.1 You may only use Our Site in a manner that is lawful. Specifically:
    10.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
    10.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
    10.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
    10.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    10.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
    10.2.1 suspend, whether temporarily or permanently, your right to access Our Site;
    10.2.2 issue you with a written warning;
    10.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
    10.2.4 take further legal action against you as appropriate;
    10.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
    10.2.6 any other actions which We deem reasonably appropriate (and lawful).
    10.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

  11. Privacy and Cookies

    Use of Our Site is also governed by Our Cookie and Privacy Policies, available on request. These policies are incorporated into these Terms and Conditions by this reference.

  12. Changes to these Terms and Conditions

    12.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
    12.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

  13. Contacting Us

    To contact Us, please email Us at info@freehandsurgeon.com or using any of the methods provided on Our contact page.

  14. Communications from Us

    14.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
    14.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include the ability to unsubscribe, if there is no link on the email you may reply to the email with the word “UNSUBSCRIBE” link. If you opt out of receiving emails from Us at any time, it may take up to 14 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
    14.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at info@freehandsurgeon.com or via Our “Contact Page”

  15. Data Protection

    15.1 Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
    15.2 We may use your personal information to:
    15.2.1 Reply to any communications you send to Us;
    15.2.2 Send you important notices, as detailed in Clause 14;
    15.3 We will not pass on your personal information to any third parties.

  16. Law and Jurisdiction

    16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    16.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    16.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.