1.1 You are about to enter the digital film library (the Library) of the Health and Care Professions Council (HCPC). All films contained within the Library are the property of or licensed to HCPC.
1.2 This document sets out the terms and conditions upon which you may view and otherwise use the films within the Library.
2 Access to the Library
2.1 By progressing to the Library you will be agreeing to comply with these terms and conditions.
2.2 You agree to only use the films in accordance with these terms and conditions and all applicable laws.
3 Intellectual Property Rights
3.1 You may download, view or copy the films provided that it is for your own personal, non-commercial use and you keep in place all original copyright notices or other intellectual property notices.
3.2 Subject to Clause 3.1 above, you may not modify, sell, rent, transfer, resell for profit, distribute or create derivative works based upon the video or any part of it, unless you have obtained the prior written permission of HCPC.
4 Limitations of Liability
4.1 Unless otherwise provided by the applicable statutory law, HCPC shall not be liable to you or to any other person or entity in any way, whether arising under contract or tort otherwise, for damages of any kind arising from the use of the films in the Library, including, but not limited to, direct, indirect damages, lost revenue or profits, lost or damaged data or other commercial or economic loss, that result from your use of, or inability to use, this video.
4.2 If this limitation of liability provision shall be deemed unenforceable, either in whole or in part, then in case such parts should be void, invalidity of such parts do not concern the validity of the whole provision and the remaining parts thereof shall remain in full force and effect and the liability of HCPC shall be limited to the greatest extent permitted by statutory law.
4.3 Nothing in these terms and conditions shall exclude or limit the liability of HCPC or any other person for:
4.3.1 death or personal injury arising from its negligence; or
4.3.2 liability arising from fraud.
5 Disclaimer of Warranty
5.1 The films in the Library are provided to you free of charge and on an AS IS basis without any warranty of any kind from HCPC including without limitation;
(a) that the films will operate uninterrupted;
(b) that the films will be error/virus free; and
(c) that the information in the films is accurate or complete.
6 Data Protection
7 Entire Agreement
7.1 These terms and conditions supersede all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to the subject matter thereof (save that neither party seeks to exclude liability for any fraudulent pre-contractual misrepresentation upon which the other party can be shown to have relied).
8.1 These terms and conditions shall be governed by the laws of England and Wales.I agree to comply with these terms and conditions