Contract information and Terms and Conditions

1.1. OnMedica is operated by Wilmington Healthcare Ltd, a company registered in England and Wales, Reg No. 2530185. Wilmington Healthcare Ltd’s registered office is at 5th Floor, 10 Whitechapel High Street, London E1 8QS. Registered company number is 2530185.

1.2. If you become a member of OnMedica, a contract between you and OnMedica, incorporating these Terms and Conditions will come into force. OnMedica may refuse to accept anyone as a member if they do not meet membership criteria.

1.3. OnMedica reserves the right at any time to add to, change or delete from the services it provides and the facilities available via www.onmedica.com.

1.4. In return for OnMedica providing access to www.onmedica.com you agree to comply with these Terms and Conditions

1.5. OnMedica may change these Terms and Conditions at any time without notice, either by publishing the change or the amended version on this site or by sending it to you by email. The change will be effective as from the date of the posting or email send.

2 The site

2.1. OnMedica aims to make www.onmedica.com available 24 hours a day, 7 days a week, but reserves the right to suspend access to this site at any time, without notice, for maintenance purposes, or if OnMedica suspects that there has been any breach of security, a breach of these Terms and Conditions, or any unlawful use of this site.

2.2. OnMedica reserves the right to require you to change your password periodically in order to help maintain website security. If you fail to change your password within the notice period, your OnMedica account may be deleted and you may have to re-register to the site.

2.3. Access to www.onmedica.com is conditional on you meeting certain criteria, including:

  • 2.3.1. Actively practising medicine in the UK
  • 2.3.2. Current GMC registration

2.4. OnMedica reserves the right, at its discretion, to introduce new criteria and to change any criteria from time to time. Doctors who have been removed from the GMC register will have their access to www.onmedica.com suspended or withdrawn, or their access to member-only content being blocked.

2.5. OnMedica reserves the right to remove or modify material without notice from www.onmedica.com and does not undertake to keep or make available any material that you have posted or anyone else has posted to www.onmendica.com for any length of time, and you are advised to make a copy of any material that you wish to keep. When participating in market research, provide accurate information to the best of your knowledge.

Information from third parties

3.1. OnMedica will share information from carefully selected partners with you. This information will be targeted to your profile and may be brought to your attention by a variety of means, which includes but is not limited to:

  • 3.1.3. information within email clinical bulletin/newsletters
  • 3.1.2. bespoke emails tailored to your profile
  • 3.1.1. website promotion, email newsletters and advertising in the form of text adverts and banners

3.2. The information in the above will link to promotional and/or educational presentations or websites to inform you of events, services, products or updates from organisations such as pharmaceutical companies, medical device companies, financial services companies, medical indemnity organisations, Royal Colleges, Department of Health and Social Care (DHSC), the General Medical Council (GMC), the National Institute for Health and Care Excellence (NICE), other government bodies, NHS trusts, and medical schools. Specifically, this may also include promotional materials including prescription-only pharmaceutical medicines.

3.3. You may opt out of receiving email communications by following the link provided in all email communications to our notifications centre in your profile settings. From here you can choose what email communications you receive from OnMedica. However, please note if you choose to unsubscribe from all communications your membership to OnMedica will be revoked and access to www.onmedica.com will be denied. To maintain membership, you must subscribe to OnMedica’s weekly Clinical Guidelines Update and bespoke emails tailored to your profile as a minimum.

Your obligations

4.1. You will, when accessing or posting to www.onmedica.com:

  • 4.1.1. Act in a professional and ethical manner
  • 4.1.2. Not post any message which is disruptive, or which generates complaints
  • 4.1.3. Not post the same or similar messages multiple times in the same Channel or Room or in multiple Channels or Rooms
  • 4.1.4. Not flame, hack or obtain unauthorised access to any data or system
  • 4.1.5. Not post any message where the subject or content is unrelated to the subject matter of the Channel or Room which it is posted
  • 4.1.6. Not post chain letters of any type, or post files to Channels or Rooms not specifically named for that purpose
  • 4.1.7. Not obtain any information or material for any commercial purpose or post information or material for the benefit of any commercial venture; this includes advertising or attempting to sell items for personal gain unless approval has been expressly granted by OnMedica
  • 4.1.8. Not obtain email addresses or any other information from fellow members for marketing purposes
  • 4.1.9. Not be involved in any criminal or unlawful activity or post any confidential patient information or information or material which might be legally actionable, or disclose anonymised information from which a patient could still be identified
  • 4.1.10. Not harass any person. Harassment in this instance includes you being intimidating, threatening, abusive, hostile or otherwise offensive towards another person
  • 4.1.11. Not introduce into www.onmedica.com any virus, logic bomb, harmful code, Trojan horse or anything else that might corrupt, damage or render inaccessible any software, data or system
  • 4.1.12. At your own expense obtain, install, and maintain suitable equipment and software and Internet access or connection services to access www.onmedica.com
  • 4.1.13. Comply with all your obligations to third parties such as internet service and software providers
  • 4.1.14. Not seek redress from OnMedica if you suffer loss or damage, or if you are harmed, defamed or offended by material or information which you accessed or which were posted on www.onmedica.com
  • 4.1.15. Not to post or send any libellous, defamatory, obscene, derogatory, menacing, offensive, pornographic, or indecent material to www.onmedica.com (any comments posted that imply that another member is suffering from mental illness are considered to contravene these Terms and Conditions) See also 9.4.
  • 4.1.16. Not discuss religious topics in open forums. Religious discussion may be removed without notice and may result in a formal warning
  • 4.1.17. Obtain all necessary permissions if you use www.onmedica.com to upload, display, transmit, distribute, perform or execute materials, programs or other works protected by intellectual property rights or rights of privacy or confidence
  • 4.1.18. Obtain patient consent before posting any material on this site that includes identifiable or potentially identifiable case material
  • 4.1.19. Not attempt to interfere with www.onmedica.com. This includes, but is not limited to, “denial of service” attacks, “flooding” sites, deliberate attempts to overload any site and attempts to “crash” any website host.

4.2. You will ensure the information you supply to us for the purpose of registration and validation is true and correct. Membership to OnMedica is reliant on having up-to-date and validated professional contact information, including a valid email address. This is because parts of the service are delivered via email. Out-of-date or incorrect information may result in membership to OnMedica being suspended or withdrawn, or access to member-only content being blocked.

Your personal data and other information

5.1. To ensure that OnMedica is meeting the legal obligations relating to current data protection legislation in the UK (including General Data Protection Regulations (GDPR)) OnMedica will validate the professional contact details that you provide on a regular basis. If at any time, OnMedica is unable to validate your information in relation to your professional role, then membership, associated communications and access to content may be interrupted. By registering with OnMedica you are giving your ‘expressed and individual’ consent to allow OnMedica to hold your professional details on the Wilmington Healthcare Ltd database for the purposes stated below (5.2 Use of Personal Data). You may opt-out from the Wilmington Healthcare Ltd database at any time by emailing validate@wilmingtonhealthcare.com. You understand that by unsubscribing from the Wilmington Healthcare Ltd database your OnMedica membership will be invalidated and your access to member-only content on OnMedica will be denied.

5.2. By registering on OnMedica, you agree for your details to be added to Wilmington Healthcare database. Wilmington Healthcare Ltd is the data controller (registration number Z5180243) of your personal details for the purposes of the General Data Protection Regulations (GDPR). Wilmington Healthcare Ltd may collect the following types of information about you:

  • 5.2.1. Information provided at registration or by subsequently changing and/or validating your professional details held on the Wilmington Healthcare Ltd database (including consents and preferences)
  • 5.2.2. Records of correspondence by letter, email or telephone, survey responses completed through our Platforms or in response to email communications from OnMedica and our sponsored/licenced third parties
  • 5.2.3. Details of your visits www.onmedica.com and resources that you access, including information you may wish to have stored to personalise your use of www.onmedica.com (such as your OnMedica profile)
  • 5.2.4. Records of your comments made on www.onmedica.com and discussion Channel or Room postings
  • 5.2.5. Information about your computer, including IP address, operating system and web browser used

5.3. These personal, professional details may be used by OnMedica (part of Wilmington Healthcare) or on behalf of other third parties (including pharmaceutical companies) who OnMedica are working with to:

  • 5.3.1. Administer www.onmedica.com, notify you about changes to our service or allow you to participate in interactive features of our services where you choose to do so
  • 5.3.2. Make available to you, online, by email or by mail, educational and promotional information that may be relevant to your professional role, either from OnMedica or selected third parties working in healthcare
  • 5.3.3. Conduct market research and analysis relating to the delivery and/or improvement of healthcare services and patient care
  • 5.3.4. Invite you to take part in studies, attend or speak at events, be part of a media or other panel or contribute to content

5.4. OnMedica’s internal working practices also ensure your privacy is protected by limiting employee access to the data. Professional data is only shared with selected third parties involved in the delivery of healthcare services and/or patient care, and under a strict licence that permits use only for a specified and agreed purpose and terms.

Third party goods, services and links

6.1. If you purchase or acquire goods or services from any third party, even if you have been directed from www.onmedica.com to them, any contract entered into with that third party and any use made of its site is a matter between you and that third party. OnMedica has no liability for the quality or type of services or goods provided by any third party it may mention on www.onmedica.com or to whom www.onmedica.com may be linked. It is for you to make your own judgement about them.

6.2. Any opinion, advice, statement, service, offer, or information or content provided or made by any third party on www.onmedica.com, or on any site to which www.onmedica.com is linked, is that of the author or provider, and not of OnMedica. OnMedica does not endorse, and it is not responsible for, the accuracy or reliability of, any such opinion, advice, statement, service, offer, information or content.

6.3. Where content or information on or services available via www.onmedica.com have been supplied by a third party, OnMedica does not control or endorse them in any way. All information, content and services supplied by third parties are made available in good faith but OnMedica does not (to the extent allowed by the law) accept responsibility for their accuracy or use.

6.4. OnMedica does not make any representation or give any warranty about any other site or any services or goods provided by any third party, or any opinion, advice, statement, offer, information or content on any such site or made by any such party. OnMedica has no control over their quality, content or availability. OnMedica will not be liable for any loss or damage caused by or in connection with use of, or reliance on, any content, goods or services available on or through any other site.

6.5. Any concern about any other website should be directed to that site’s website administrator or webmaster.

Limitations and exclusions of liability

7.1. OnMedica tries to ensure that any information and content on www.onmedica.com that has not been supplied by a third party is accurate, but it makes no representation and gives no warranty that any information or content is accurate, up to date or complete. It accepts no liability for any loss or damage caused by inaccurate information or content.

7.2. If you find any inaccurate, out of date or incomplete information or content on www.onmedica.com, or if you suspect that something is an infringement of any intellectual property right, you can let OnMedica know by contacting editorial@onmedica.com.

7.3. You should independently verify any information and content on www.onmedica.com before relying on it.

7.4. Information and content on www.onmendica.com is not intended to address any particular requirements, does not constitute any form of advice or recommendation by OnMedica and are not intended to be relied upon in making (or refraining from making) any decision. The information and content on and through www.onmedica.com is not a substitute for professional judgement. If you are not qualified nor experienced enough to make that judgement, you should take professional advice.

7.5. www.onmedica.com and its content is provided “as is”. OnMedica gives no warranty that this site, its content or any service is free of error or will be available without interruption, or at all.

7.6. No warranty, representation, or undertaking in respect of the quality, or fitness for purpose of any content or any service is given, and all implied terms, conditions and warranties relating to the same, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise, are excluded to the extent allowed by the law.

7.7. You assume all risk for using, and for any results obtained, or liability incurred, by or as a result of accessing www.onmedica.com.

7.8. OnMedica does not guarantee the prevention of the loss of, alteration of, or improper access to, any information or computer systems. OnMedica is not responsible for invalid destinations or transmission errors in, the corruption of, or the security of information or messages on www.onmedica.com or carried over any telecommunications or data communications facilities.

7.9. Passwords and login details are personal to individual members. It is your responsibility to keep your password and login details secure, and not to allow anyone else to use them. You are responsible for the use or misuse of www.onmedica.com by any person accessing them through your password and login details (whether that use is authorised or unauthorised) and you agree to bear all losses, expenses, inconvenience and site charges arising as a result of that use. You must not use or attempt to use anyone else’s password or login details; to do so may be an offence under the Computer Misuse Act 1990.

7.10. In no event is OnMedica liable for any loss or damage arising from your failure to perform your obligations or otherwise outside reasonable control.

7.11. Despite any other provision in these Terms and Conditions, OnMedica does not exclude or limit its liability for death or personal injury caused by its negligence, or for any fraudulent act or for any other liability that is not permitted to be limited or excluded by applicable law. Without prejudice to this, OnMedica is not liable for any of the following, whether arising because of its negligence, or in any other way:

  • 7.11.1. Loss of profits, loss of business, loss of anticipated savings, loss of goodwill or reputation, lost or wasted management time or the lost time of other employees
  • 7.11.2. Loss, destruction or corruption of data
  • 7.11.3. Any indirect, or consequential loss or damage
  • 7.11.4. Any loss or damage arising as a result of any claim against you by any other party; even if OnMedica has been advised of the possibility of that loss or damage arising.

7.12. You will indemnify OnMedica and keep it indemnified against all and any losses, damages, liabilities, costs and expenses arising in connection with your breach of any of these Terms and Conditions or arising as a result of a third party accessing or using www.onmedica.com by means of your password or login details.

7.13. The maximum liability of OnMedica to you in connection with www.onmedica.com, any content and any services, or the failure to provide any of the same, is £1.

Termination

8.1. If you are dissatisfied with the services provided by OnMedica or any feature provided in or through www.onmedica.com, you may terminate your membership by deleting your account via your Account Settings. This is your sole remedy if you are dissatisfied with www.onmedica.com or any such service.

8.2. Your membership may be terminated by you or by OnMedica at any time. In addition, OnMedica may terminate or suspend your membership and access to www.onmedica.com at any time without notice if you breach or are suspected of having breached these Terms and Conditions or if you cease to meet the criteria for membership.

Intellectual property rights

9.1. www.onmedica.com, its contents and information are protected by copyright, database rights and other intellectual property rights.

9.2. In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to www.onmedica.com, for whatever purpose.

9.3. You grant OnMedica a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant the right to sub-license these rights, and the right to bring an action for infringement of these rights. You warrant and represent that your user content will comply with these terms of use. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, OnMedica or a third party (in each case under any applicable law).

9.4. Your user content (and its publication on www.onmedica.com) must not:

  • 9.4.1. be libellous or maliciously false
  • 9.4.2. be obscene or indecent
  • 9.4.3. infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right
  • 9.4.4. infringe any right of confidence, right of privacy, or right under data protection legislation
  • 9.4.5. constitute negligent advice or contain any negligent statement
  • 9.4.6. constitute an incitement to commit a crime
  • 9.4.7. be in contempt of any court, or in breach of any court order
  • 9.4.8. be in breach of racial or religious hatred or discrimination legislation
  • 9.4.9. be blasphemous
  • 9.4.10. be in breach of official secrets legislation
  • 9.4.11. be in breach of any contractual obligation owed to any person
  • 9.4.12. depict violence [in an explicit, graphic or gratuitous manner]
  • 9.4.13. be pornographic [or sexually explicit]
  • 9.4.14. be untrue, false, inaccurate or misleading
  • 9.4.15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage
  • 9.4.16. constitute spam
  • 9.4.17. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or cause annoyance, inconvenience or needless anxiety to any person.

9.5. Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet. You must not use www.onmedica.com to link to any website or web page consisting of or containing material that would, were it posted on www.onmedica.com, breach the provisions of these terms of use. You must not submit any user content to www.onmedica.com that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to or published on www.onmedica.com.

9.6. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

9.7. You assign to OnMedica copyright in all material and comments (including user-generated content) that you post to www.onmedica.com. You waive all moral rights in connection with that material and posts. In respect of any material in which you do retain ownership (example: Photography), you authorise OnMedica to act on your behalf in any action we may decide to take if any intellectual property rights in any such information is infringed by any third party. However, we will be under no obligation to take any such action which will be in our absolute discretion.

9.8. You assign to OnMedica copyright in all material and comments (including user-generated content) that you post to www.onmedica.com. You waive all moral rights in connection with that material and posts. In respect of any material in which you do retain ownership (example: Photography), you authorise OnMedica to act on your behalf in any action we may decide to take if any intellectual property rights in any such information is infringed by any third party. However, we will be under no obligation to take any such action which will be in our absolute discretion.

9.9. Subject to any conditions specific to any service, you may read, print and download parts of the material and information on www.onmedica.com for your private, non-commercial use or use in the ordinary course of your profession. However you may not make any profit from the use of that material or information, nor republish, disseminate or transmit any of it, or exploit it for any commercial purpose, or make any derivative work, or copy it for any other purpose without first obtaining OnMedica’s written permission, or that of the rights owner. To seek permission please contact: editorial@onmedica.com.

9.10. You must not post to www.onmedica.com any data, other work or material that infringes the intellectual property rights of OnMedica or any third party.

10 General

10.1. Any terms purporting to vary these Terms and Conditions in any order, or other written or electronic communication from you, are ineffective unless specifically accepted by OnMedica in writing.

10.2. You may not assign or transfer your membership to or share or sublicense the advantages of membership of OnMedica with, any other person.

10.3. OnMedica may assign or sub-contract its rights or obligations (or both) to any third party.

10.4. If any part of any of these Terms and Conditions is invalid or unenforceable, it will not affect any other provision and all other provisions will remain in full force and effect.

11 OnMedica contact details

Wilmington Healthcare Ltd
Beechwood House
2-3 Commercial Way
Christy Close
Southfields
Basildon
Essex
SS15 6EF
UK

Phone: +44 (0)1268 495600
Company Reg. No. 2530185
VAT Reg. No. GB 629 3888 88