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Terms of Use


RED WHALE – TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR OUR PRODUCTS

 

1. What’s in these terms?

These terms (“Terms of Use” or “these Terms”) tell you the rules for accessing and using our website https://redwhale.co.uk and other redwhale.co.uk subdomains (“our site”) and any of the content made available on our site or via our products (including without limitation any training courses, webinars, face to face courses and online courses, printed handbooks and any other content or materials which may be purchased from us) or services (the “Content”).

2. Who we are

Our site is a site operated by GP Update Limited (“we”, “us” or “our”). We are registered in England and Wales under company number 07135974 and have our registered office at One Canada Square, London, E14 5GS. Our trading name is “Red Whale” which is protected as a registered trademark. Our VAT number is 988 7832 35.

3. How to contact us and how we may contact you

3.1 You can contact us by telephone on 03330 093 090 (charged at the same rate as standard landline numbers starting with 01 or 02) or by writing to us at emails@redwhale.co.uk.

3.2 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you created an account or placed an order with us.

3.3 Any references to “writing” in these Terms includes email.

4. By using our site you accept these Terms

4.1 These are the terms and conditions on which we make our site and the Content available to you. By using our site and accessing any of the Content, you confirm that you accept these Terms of Use and that you agree to comply with them.

4.2 If you do not agree to these Terms, you must not use our site or any of the Content.

5. There are other terms that may apply to you

5.1 These Terms of Use also refer to our Privacy and Cookie Policy, which also apply to your use of our site and the Content and are incorporated by reference into these Terms. See further under How we may use your personal information.

5.2 If you purchase products or services from our site, our Terms of Sale will apply to the sales.

5.3 We may create new policies from time to time, which will be displayed as a pop-up or in the footer on our site.

5.4 If there is any inconsistency or conflict between any of the abovementioned terms, the terms shall prevail (only with respect to the applicable inconsistency or conflict) in the following order of precedence: (i) the Terms of Sale; (ii) these Terms of Use; (iii) the Privacy and Cookie Policy; and (iv) any other policies or terms that we create or update from time to time.

6. We may make changes to these Terms

We amend these Terms from time to time. Every time you wish to use our site or any of the Content, please check these Terms to ensure you understand the terms that apply at that time. These Terms were most recently updated on 31 October 2024.

7. We may make changes to our site

7.1 We may update and change our site or any of the Content from time to time, including without limitation to reflect changes to our products, our services, our users’ needs and our business priorities.

7.2 We aim to update our site regularly and may change the Content at any time. Any of the Content on our site may be out of date at any given time, and we are under no obligation to update such material.

11. We may suspend or withdraw our site

8.1 Certain content on our site is made available free of charge. If you purchase products or services from our site, our Terms of Sale will apply to the sales.

8.2 Subject to our Terms of Sale, we do not guarantee that our site, or any of the Content, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site or any of the Content for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

9. Our site and the Content is only for users in the UK

9.1 Our site and all of our products, services and Content are based on United Kingdom guidelines and are therefore directed to people within the United Kingdom. We do not represent that the Content is appropriate for use or available in other locations.

9.2 If you are located outside of the United Kingdom, by continuing to access, view or make use of our site and any related Content, products or services, you hereby warrant and represent to us that these Terms do not contravene your local laws and you agree and acknowledge that your use of the Content, products or services are at your own risk. 

10. Requirements for using our site

You must be a medical professional, administrator or manager aged 18 years or older to access our site and/or to purchase or use any of our products, services or Content. By accessing our site or any of the Content you represent and warrant that you are a medical professional, administrator or manager aged 18 years or older.

11. You must create an account

11.1 To use some of the free content that is available on our site and/or to purchase any of our products or services you must create a user account with us. You will be required to provide an email address and create a password. The email address you use must only be accessible to you and not by anyone else (and should not be a shared inbox).

11.2 We have the right to suspend or disable your account and revoke any access to our site and any of our products, services or Content at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

12. You must keep your account details safe

12.1 You must keep your account details (including without limitation your email address, password and any other piece of information as part of our security procedures) confidential and must not disclose them to any third party.

12.2 If you suspect someone else has access to your password, please change it immediately using the password reset function on our site and let us know as soon as possible if your account has been compromised by contacting us at emails@redwhale.co.uk.

12.3 If we suspect that your account has been misused or compromised, we reserve the right to ask you to change your password and we may suspend your access to our site, products, services and Content indefinitely or until we are satisfied that your account is no longer compromised.

13. Your account is personal to you and for individual use only

13.1 Your account is personal to you and you represent, warrant and undertake that you will not share your account details with any other person or otherwise allow any other person to access your account (including without limitation any other individuals or groups within your business or organisation). You will be responsible for all activities that occur with your user account.

13.2 Unless otherwise agreed with you or expressly permitted pursuant to these Terms or the Terms of Sale, access to our Content (including without limitation any subscription service) is for one individual only, being the named accountholder, and you must not share your account or any of the Content, products or services that you have access to via your account with any other individual or groups (including without limitation any other individuals or groups within your business or organisation).

13.3 If you wish to use any of our Content commercially or to enable access for groups of clinicians (including without limitation any other individuals or groups within your business or organisation), please contact sales@redwhale.co.uk to discuss group licensing.

14. You must not use your account except for your professional development purposes

Unless otherwise agreed with you or expressly permitted pursuant to these Terms or the Terms of Sale, you must not use your account for commercial purposes or in support of other commercial organisations.

15. CPD System

15.1 By accessing our site and any of our Content or products you may have access to our continuous professional development record system (the “CPD System”).

15.2 You expressly agree that the use of the CPD System is at your own risk and subject to the indemnity provided by you in section 26.1.2.

15.3 As per NHSE and GMC guidance, any entries on the CPD System should not include any personal data of any individuals (including without limitation any patients, colleagues or other third parties) or include specific information about the role or health condition of any individuals that could make a person identifiable. You warrant, represent and undertake that you will not include any such personal data on the CPD System and that you will comply at all times with all applicable data protection laws when using the CPD System.

16. Interactive services

16.1 We may from time to time provide interactive services on our site, including without limitation:

16.1.1 Live Chat functionality;

16.1.2 Plug-in software that offers Q&A functionality, polls and chat forums.

16.2 Where we provide any interactive service, we will provide clear information to you about the service and if and how it is monitored (including if it is monitored by humans or digitally). You acknowledge and agree that we are under no obligation to oversee, monitor or moderate any interactive services that are provided on our site.

17. Acceptable use standards

17.1 These acceptable use standards apply to any interaction you have with our site or any of our Content, products or services. They also apply to any contact you make with other users on our site, other users of our products or services, links to our site, and any other ways you use our site.

17.2 You may not use our site or any of the Content:

17.2.1 in any way that breaches any local, national or international law or regulation;

17.2.2 in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

17.2.3 for the purpose of harming or attempting to harm minors in any way;

17.2.4 to bully, insult, intimidate or humiliate any person;

17.2.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

17.2.6 in any way that involves:

17.2.6.1 terrorism offences;

17.2.6.2 child sexual exploitation or abuse offences including grooming and child sexual abuse material;

17.2.6.3 encouraging or assisting suicide (or attempted suicide) or serious self-harm offences;

17.2.6.4 harassment, stalking, making threats or abuse offences;

17.2.6.5 hate offences;

17.2.6.6 controlling or coercive behaviour offence;

17.2.6.7 drugs or psychoactive substance offences;

17.2.6.8 firearms or other weapons offences;

17.2.6.9 unlawful immigration or human trafficking offences;

17.2.6.10 sexual exploitation of adults offences;

17.2.6.11 extreme pornography offence;

17.2.6.12 intimate image abuse offences;

17.2.6.13 proceeds of crime offences;

17.2.6.14 fraud and financial services offences; or

17.2.6.15 foreign interference offences.

17.3 You must not upload any content to our site or do anything in relation to our Content, products or services that:

17.3.1 infringes the Intellectual Property Rights (as defined below) of any other person;

17.3.2 advocates, promotes, incites any party to commit, or assists any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;

17.3.3 contains illegal content or promotes any illegal content or activity;

17.3.4 gives the impression that your content emanates from Red Whale if that is not the case;

17.3.5 could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence, threaten to commit a terrorist offence or contains a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

17.3.6 is abusive and which targets any of the following characteristics: race, religion, sex, sexual orientation, disability, gender reassignment;

17.3.7 incites hatred against people;

17.3.8 is pornographic;

17.3.9 encourages, promotes or provides instructions for suicide;

17.3.10 encourages, promotes or provides instructions for an act of deliberate self-injury; or

17.3.11 encourages, promotes or provides instructions for an act of serious violence against a person.

17.4 We may suspend or terminate your access to our site or any of the Content at our discretion if you breach any of these acceptable use standards.

18. How you may use material on our site

18.1 We are the owner or the licensee of all Intellectual Property Rights (as defined below) in our site, and in the Content and materials published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

18.2 You may print off, and may download up to 5 articles per month from our site for your individual use only. However, please note that once printed or downloaded, articles cannot be updated and may not represent the most up to date version of the Content.

18.3 You must not remove, modify or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in any of our products or in any of the Content.

18.4 You must not modify, translate or create derivative work and/or service based on the content and materials published on our site, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

18.5 You must not use the Content and materials in combination with an artificial intelligence tool (including to train an algorithm, test, process, analyse, generate output and/or develop any form of artificial intelligence tool).

18.6 You must not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any Intellectual Property Rights (as defined below) owned or used by us or our licensors. You must not use the Content in any way that could infringe the Intellectual Property Rights (as defined below) of any third parties.

18.7 Our status (and that of any identified contributors) as the authors of Content on our site must always be acknowledged.

18.8 Except as expressly permitted in these Terms or in the Terms of Sale, you must not use any part of the Content for any purpose not permitted in section 19.3 without a licence from us to do so (contact sales@redwhale.co.uk to discuss).

18.9 You must not sub-license, distribute, broadcast, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any Content, products or services we provide.

18.10 If you print off, copy, download, share or repost any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

19. Licence

19.1 For the purposes of these Terms, “Intellectual Property Rights” means all patents, rights to inventions, copyright and related rights, trademarks, trade names, rights to use domain names, rights in get-up, goodwill and the right to sue for passing off and unfair competition, rights in designs, rights in computer software, database rights, topography rights, rights to use and preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

19.2 You acknowledge and agree that you obtain no rights or interest in the Intellectual Property Rights in our site or in the Content other than the licence granted pursuant to section 19.3 below, and nothing in these Terms shall be construed as an assignment or transfer of any Intellectual Property Rights to you.

19.3 Subject to the terms of the Terms of Sale (where applicable), we grant to you (unless otherwise agreed by us in writing) a limited, non-exclusive, revokable, non-sublicensable, non-transferable licence to access our site and use the Content solely for the purpose of your own personal professional development.

20. No text or data mining, or web scraping

20.1 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site, any of the Content or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

20.1.1 any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, Content, information or services accessed via the same;

20.1.2 any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

20.2 The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

20.3 This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

21. Do not rely on information on this site

21.1 The Content on our site is provided for general information and general professional development only and is provided without any guarantees, conditions or warranties as to its accuracy. It is not intended to amount to advice on which you should rely and should not replace your professional, clinical judgement. We expressly exclude all implied conditions, warranties, representations or other terms that may apply to the Content.

21.2 Any Content should be used and applied at your professional discretion within your own scope of practice and according to the regulations set down by your own professional qualification, personal licensing and supervision requirements. It is your responsibility to use the Content within this context.

21.3 Although we make reasonable efforts to update and check the information and Content on our site is accurate and correct at the date of publication or presentation, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete or up to date.

22. Our Content may change

22.1 Our Content will be updated from time to time. Changes may be needed for different reasons, including but not limited to, updates needed to reflect changes in guidelines, evidence, relevant laws and regulatory requirements or to implement technical adjustments and improvements.

22.2 Not all of the free of charge Content will be guaranteed to remain free of charge. We reserve the right to remove any Content at any time.

23. We are not responsible for websites we link to

23.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

23.2 We have no control over the contents of those sites or resources.

24. How to complain about or report content

If you wish to report or complain about any of the Content, please contact us at emails@redwhale.co.uk.

25. Liability

25.1 Subject to section 25.3, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, misuse of or reliance on our Site or the Content.

25.2 Subject to section 25.3, we will not be liable to you for any:

25.2.1 loss of profits, sales, business, or revenue (whether as a direct or indirect loss);

25.1.2 business interruption;

25.2.3 loss of anticipated savings;

25.2.4 loss of business opportunity, goodwill or reputation;

25.2.5 loss or corruption of data; or

25.2.6 any indirect or consequential loss or damage.

25.3 Nothing in these Terms limits any liability which cannot legally be limited, including liability for:

25.3.1 death or personal injury caused by negligence;

25.3.2 fraud or fraudulent misrepresentation; and

25.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

25.4 Subject to section 25.3, our total liability to you for all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the higher amount of: (i) the total sums paid by you to us for any products pursuant to our Terms of Sale; or (ii) £100.

26. Indemnity

26.1 You agree to indemnify us, including our respective officers, directors, employees, agents, information providers and licensors, parent companies, subsidiaries and affiliates on demand against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:

26.1.1 your breach of any of these Terms (including without limitation any warranty provided by you under these Terms) or misuse of our site or Content;

26.1.2 your use of (or inability to use) the CPD System or in relation to any data you have entered onto the CPD System or which has been entered automatically onto the CPD System as a result of your use of our site, Content, products or services;

26.1.3 your reliance on any information (including without limitation the Content) displayed or provided on our site or any other service or products supplied by us; or

26.1.4 your sharing of any of the Content, products or services that you have access to via your account with any third parties without our prior written consent.

27.How we may use your personal information

We will only use your personal information as set out in our Privacy and Cookie Policy

28. We are not responsible for viruses and you must not introduce them

28.1 We do not guarantee that our site or any of the Content will be secure or free from bugs or viruses.

28.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

28.3 You must not misuse our site or any of the Content by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

29. Rules about linking to our site

29.1 You must not link to our site or any part of it without our prior written consent.

29.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

29.3 You must not establish a link to our site in any website that is not owned by you.

29.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

29.5 We reserve the right to withdraw linking permission without notice.

29.6 The website in which you are linking must comply in all respects with the content standards set out in Section 17 of these terms Acceptable use standards.

29.7 If you wish to link to or make any use of Content on our site other than that set out above, please contact emails@redwhale.co.uk.

30. Our trade marks are registered

“RED WHALE” and the Red Whale logo are UK and EU registered trade marks of GP Update Limited. You are not permitted to use them without our approval.

31. Governing law

These Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

32. Miscellaneous

32.1 These Terms of Use, along with the Privacy and Cookie Policy and, where applicable, the Terms of Sale, constitute the entire agreement between you and us. Both you and we acknowledge that in entering into these Terms you and we have not relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

32.2 Nothing in these Terms are intended to, or shall be deemed to, establish any partnership or joint venture between you and us, constitute either you or us the agent of the other, or authorise you or us to make or enter into any commitments for or on behalf of the other party.

32.3 These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

32.4 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.

32.5 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.