Terms & Conditions

We sell our products to you subject to the conditions set out on this page. By using the mediary.co website, you signify your agreement to be bound by these conditions.

Conditions Relating to Your Use of mediary.co

1. Your Account If you use the web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password.

You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the web site. mediary.co reserves the right to refuse access to the web site, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

2. Privacy Please review our Privacy Statement, which also governs your visit to mediary.co.

3. Access to mediary.co We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

4. Licence for web site access mediary.co grants you a limited licence to access and make personal use of this web site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of mediary.co. This licence does not include any resale or commercial use of this web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This web site or any portion of this web site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of mediary.co and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising mediary.co’s or its affiliates’ names or trademarks without the express written consent of mediary.co. Any unauthorised use terminates the permission or license granted by mediary.co. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of mediary.co as long as the link does not portray mediary.co, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any mediary.co logo or other proprietary graphic or trademark as part of the link without our express written consent.

5. Your conduct You must not use the web site in any way that causes, or is likely to cause, the web site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not mediary.co, are responsible for all electronic communications and content sent from your computer to us and you must use the web site for lawful purposes only. You must not use the we bsite for any of the following: • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity • to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” • to cause annoyance, inconvenience or needless anxiety

6. Copyright, authors’ rights and database rights All content included on the web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of mediary.co, its affiliates or its content suppliers and is protected by United Kingdom and international copyright, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of mediary.co and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of mediary.co, our affiliates or our software suppliers and is protected by United Kingdom, international copyright and author’ rights laws. You may not systematically extract and/or re-utilise parts of the contents of the web site without mediary.co’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without mediary.co’s express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this web site without mediary.co’s express written consent.

7. Trademarks MEDIARY.CO, MEDIARY, THE MEDIARY LOGO, AND other marks indicated on our web site are trademarks of MEDiary graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of MEDiary. MEDiary’s trademarks and trade dress may not be used in connection with any product or service that is not MEDiary’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MEDiary. All other trademarks not owned by MEDiarythat appear on this web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MEDiary. This section deals with conditions relating to the sale of products by mediary.co to you.

8. Our contract When you place an order to purchase a product from mediary.co, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we’ve dispatched that product to you (the “Dispatch Confirmation E-mail”). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract .

9. Electronic communications When you visit mediary.co or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the web site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

10. Losses mediary.co will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the web site, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. mediary.co does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.

11. Alteration of Service or Amendments to the Conditions We reserve the right to make changes to our web site, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the web site or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

12. Events beyond our reasonable control We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

13. Waiver If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

14. Complaints If you do have a complaint please email contact@mediary.co When making a complaint in writing, please give the following details: • your name and address; • Who or what you are complaining about; On receiving a formal complaint MEDiary will: • contact you by telephone and/or in writing within fourteen days to establish the full nature of the complaint and let you know what action is being proposed; • inform the member of staff to whom the complaint relates as soon as practicable; • discuss the matter with those who are the subject of the complaint and carry out such investigations as are deemed necessary to establish whether the concern or complaint is justified and/or requires further investigation; • inform the insurance providers if the complaint may result in a claim; Where a complaint can be resolved at this stage, MEDiary will contact you by telephone or in writing to inform you of the result of the investigation and what further action, if any, is proposed Where the complaint is not capable of resolution at this stage, MEDiary will carry out further investigations. MEDiary will ensure that you are given proper opportunity to make representations in writing and LL Outten is given proper opportunity to respond. If MEDiary finds the complaint to be unjustified, MEDiary will contact you and explain why, following investigation, the complaint was not upheld. If MEDiary finds the complaint to be justified, we will determine what remedial action and/or compensation is appropriate. MEDiary will inform you that the complaint has been investigated, that the complaint was found to be justified and what action is proposed.

All conversations and documents relating to a complaint will be treated as confidential and disclosed only to the extent that it is necessary. Disclosure will be to the Head of MEDiary, and to anyone involved in the complaint and its investigation. We make a written record of any complaint and retain all documents and correspondence generated by the complaint for a period of six years. Where a complainant has raised concerns about a particular aspect of the service we may monitor that aspect over a specified period. In that event, a time will be arranged for MEDiary to contact the complainant to establish whether there has been an improvement

15. Customer Ratings And Reviews These Terms of Use govern your conduct associated with the Customer Review service offered by MEDiary. To the extent of any conflict between our Privacy Policy and these Terms of Use, these Terms of Use will take precedence. By submitting any content to MEDiary, you represent and warrant that: • You are the sole author and have not copied the content from any third party; • All content that you post is accurate; • Use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any content: • That is known by you to be false, inaccurate or misleading; • That infringes any third party’s copyright, trademark, or privacy; • That is, or may reasonably be considered to be, defamatory, racially or religiously biased or offensive, contains obscene language, or is threatening or harassing to any individual, partnership or corporation; • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or • That contains any computer viruses, worms or other potentially damaging computer programs or files. For any content that you submit, you grant MEDiary a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. All content that you submit may be used at our sole discretion. We reserve the right to change, condense or delete any content on our websites that we deem, in its sole discretion, to violate the content guidelines or any other provision of these Terms and Conditions. We do not guarantee that you will have any recourse through MEDiary to edit or delete any content you have submitted. Written comments are generally posted within two to four business days. However, we reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not MEDiary, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of MEDiary, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. By submitting your email address in connection with your review, you agree that MEDiary and its third party service providers may use your email address to contact you about the status of your comment and other administrative purposes. 16. Language This information is supplied in English only and we will continue to communicate in this way during your agreement with us.

17. Governing law and jurisdiction These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of England and Wales.

18. Our details This web site is owned and operated by Independence Occupational Therapy Ltd (IOT). You can contact us through this web site or email us at contact@mediary.co