EMSX Terms and Conditions of Service
UPDATED 14th October 2024
Welcome to EMSX. The following terms and conditions of service (hereinafter referred to as “Terms and Conditions”) form part of the agreement between you and Andrews Advisory Limited, trading as EMSX, (hereinafter referred to as “EMSX”, “Andrews Advisory Limited”, “Company”, “we”, “our” or “us”), the operator of a platform that gives you, (hereinafter referred to as “you”, “your” or “User”), access to our platform and any related services. Our platform offers many features and services (hereinafter referred to as “Services”), such as the following: searching for potential veterinary extra mural studies placements, communicating with placement providers to arrange placements, managing assessment requirements and necessary documentation, reviewing placements, assessing a student’s EMS status.
Our Services are available via our web-based application (hereinafter called the “Website”).
EMSX is operated by Andrews Advisory Limited, a company incorporated in the United Kingdom with company registration number 11247352 and registered office at S64, Somerset House, Strand, London, WC2R 1LA.
If you wish to contact us, please email our customer service team at [email protected].
As a User of EMSX's Services, you acknowledge and agree to be bound by these Terms and Conditions as though you have signed them. This includes any other terms and conditions referred to in this agreement. If you do not agree to these Terms and Conditions, you may not use or access any part of EMSX’s Services.
It is important that you have read and understood the present Terms and Conditions in conjunction with our Privacy and Cookie Policy and Website Policy before using our Services.
EMSX SERVICES
1.1. EMSX Services include many features and services, such as:
1.1.1. Searching for veterinary extra-mural studies (EMS) placements;
1.1.2. Communicating with EMS placement providers;
1.1.3. Administrating EMS placements;
1.1.4. Providing advice on EMS placements, veterinary clinical education and careers;
1.1.5. Provision of marketing and sponsorship to relevant organisations.
1.2. EMSX’s unique Website powers all our Services.
1.3. Various pricing options may be utilised to provide access to the EMSX Website.
YOUR USE OF OUR SERVICES
2.1. You, as a User, must carefully read these Terms and Conditions and any other terms and conditions referred to in this document; you are subject to them as a User. If there is any conflict between these and any other terms, these terms prevail. The site is intended for UK Users only.
2.2. The EMSX Website and corresponding Services are not intended for and should not be used by anyone under the age of sixteen. You represent that you are over the legal age.
2.3. The EMSX Website and corresponding Services are not intended for and should not be used for any clinical, commercial or business purposes unless expressly agreed by us.
2.4. The EMSX Website and all materials and content contained therein are our property or the property of the persons who have granted us the applicable license (this also applies to the third-party software listed in the EMSX Website). We grant you the right to use these materials and content, but only for the purposes of using the EMSX Website, for you personally in accordance with these Terms and Conditions.
2.5. We grant you the right to personally access and use the EMSX Website. You are prohibited from transferring this right to anyone else, or to sell, give away or transfer your User Account to anyone else. Your right to access the EMSX Website does not preclude us granting other persons the right to access the EMSX Website.
2.6. In return for your warranty to comply with these Terms and Conditions, we grant you a limited, non-transferable, non-sublicensable, personalized, non-exclusive, revocable right to access the Website under the conditions set forth in these Terms and Conditions or the privacy policy.
2.7. As the User, unless such behaviours are appropriately permitted in accordance with these Terms and Conditions or unless permitted under mandatory copyright law where necessary for the use of the EMSX Website in accordance with its intended purpose and/or indispensable to obtain the information necessary to achieve the interoperability with other programs, you undertake to refrain from the following:
2.7.1. You, the User, agree not to replicate or copy the EMSX Website, either in whole or in part;
2.7.2. You, the User, agree not to sell or otherwise make available the EMSX Website, either in whole or in part, to anyone else;
2.7.3. You, the User, agree not to modify the EMSX Website, in whole or in part, in any way whatsoever;
2.7.4. You, the User, warrant that you will not attempt to discover or access the source code of the EMSX Website or Services, in whole or in part, unless it has been expressly published by us and released into the public domain.
2.8. You are aware that we, and/or the persons who have granted us a license in this respect, are entitled to any confidential information, rights of use, of exploitation and of recovery — and any other intellectual property rights fully or partially existing — regarding the EMSX Website.
2.9. If you provide feedback, ideas or suggestions, or if you reply to surveys in connection with our Services (hereinafter referred as the “Feedback”), you acknowledge that the Feedback is not confidential and that you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free and unlimited license to use your Feedback in any way, for any purpose, and through any medium or technology now known or unknown, whether in whole or in part, and whether as modified or unmodified. We will always use your Feedback in compliance with those Terms and Conditions, our Privacy Policy and any other applicable laws.
2.10. You and only you may use the EMSX Website and Services as granted to you upon your registration as a registered User. You are responsible for the information you provide to us upon registration, all information provided must be honest and truthful. Should any of your registration information change you must update this information as soon as possible through the EMSX Website our by emailing us at [email protected].
2.11. The following is a list of prohibited activities in the context of using the Services. You are not permitted to:
2.11.1. Circumvent, disable, or otherwise manipulate any of EMSX Website security features or any features preventing or restricting the use or copying of the content that is available via the EMSX Website;
2.11.2. Create multiple User Accounts on the EMSX Website;
2.11.3. Provide false or misleading information in the User account details;
2.11.4. Allow anyone else to use the EMSX Website on your behalf or in your place;
2.11.5. Use the EMSX Website if we have suspended your right of use, or forbidden you to continue using it;
2.11.6. Send junk mail, spam or repeated messages;
2.11.7. Act in any unlawful or illegal manner;
2.11.8. Modify, interfere with, hack or disrupt the EMSX Website, or to intercept messages;
2.11.9. Misuse the EMSX Website or to infiltrate it with viruses, trojans, worms, logic bombs or anything else that might harm the EMSX Website or any other User of the EMSX Website equipment;
2.11.10. Extract data from the EMSX Website except as permitted under these Terms and Conditions;
2.11.11. Post or contribute any abusive, threatening, obscene, misleading, untruthful, or offensive content, or content that contains any form of nudity or violence; and
2.11.12. Enter information or comments about any third-party without the consent of the third-party concerned.
2.12. The non-compliance with the regulations listed in paragraph 2.11 represents a material breach of these Terms and Conditions, and may result in us, at our sole discretion, initiating the following measures – either individually or in combination:
2.12.1. The immediate, temporary suspension or permanent withdrawal of the right to access the EMSX Website;
2.12.2. A warning being sent to you;
2.12.3. Initiation of legal proceedings against you, including a claim for reimbursement of any costs and expenses incurred due to the breach of agreement (including reasonable administrative costs and legal fees), and moreover;
2.12.4. Disclosure of information to the law enforcement authorities, if and to the extent permitted by law and deemed by us to be necessary.
2.13. The reaction to a breach of the agreement committed by you is not limited to the actions described in the preceding paragraph 2.12, i.e. we are entitled to take any further action in accordance with these Terms and Conditions and/or statutory law.
OUR RESPONSIBILITIES TO YOU
3.1. We may, at any time during the supply of our Services, suspend our Services due to technical difficulties to ensure that our Services reflect any changes to relevant law or regulation or to make changes to our Services provided to you.
3.2. We may require or allow you to upload text, images, videos, reviews, information and materials to the EMSX Website (collectively, "Your Content"). We reserve the right to monitor, screen, edit and/or remove Your Content on the EMSX Website as we deem suitable. Our enforcement of these terms with respect to Your Content is at our discretion, and failure to enforce the Terms and Conditions in one instance does not create a waiver of our right to enforce them in another instance.
3.3. If you do not give us the required information when requested while using our Services, we may terminate our contract with you, but you will remain liable for our fees as though the service was completed.
3.4. You acknowledge that reviews may be shared with third parties in accordance with applicable law and our Privacy Policy and that we have no obligation to preserve or indefinitely store any reviews. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We also reserve the right to screen, edit or remove these reviews from the EMSX Website.
3.5. Due to the nature of the internet and the given technology, we are unable to promise that you will be able to always use the EMSX Website and its Services without any interruption and without delay or faults and that the EMSX Website will always meet your expectations. We can, therefore, assume no obligation with respect to the performance or availability of the EMSX Website and its Services in these Terms and Conditions. We expressly exclude any liability due to defects of the EMSX Website and its Services existing at the time you agree to use the EMSX Website and any defects arising from future EMSX Website or Service updates.
EMSX WEBSITE UPDATES
4.1. We are constantly updating and improving our EMSX Website and its corresponding Services. We continuously strive to provide you with innovative new services and features. We also make improvements and updates to stay abreast of changing technologies, behaviours and the way in which people use the internet.
4.2. We reserve the right to change a specific aspect of a specific feature by updating the EMSX Website and corresponding Services, resetting that feature and suspending the Service or support for that feature. These changes may affect your activities on the EMSX Website. Changes may include removing, modifying or resetting the features you use.
THIRD-PARTY SERVICES
5.1. If, and to the extent that, our EMSX Website contains links to other websites or resources operated by third parties, these links are to be deemed as being provided for your information only.
5.2. We are unable to influence the content of such websites or resources provided by third parties, and we may not be held liable for the content of information or websites linked included in frames. We may not be held liable for any financial or physical damages that you may incur as a result of, or in connection with, the use of such websites or resources.
5.3. You understand that the availability of the EMSX Website is dependent on the Website hosting provider. You are aware that these Terms and Conditions apply to the contractual relationship between you and EMSX.
CANCELLATION, BREACH AND TERMINATION
6.1. If at any time we consider you have breached these and any other referred to terms, we may take, but not limited to, the following actions:
6.1.1. ask you to remedy the breach; if you do not remedy, when asked, any breach which is remediable, within five days of such request, we will consider the breach material;
6.1.2. upon any material breach we may suspend or terminate your services and cancel your User registration, and withdraw our services from you without further reference to you.
6.2. If we choose to terminate your agreement with us we will provide you with two weeks‘ notice. If good reason exists, we are furthermore authorised to block your access to the EMSX Website, without any notice, and provided that no other less severe measure is effective.
6.3. You may end your contract with us at any time, by written notice in writing to us. You will still be responsible for the payment of any outstanding charges for Services supplied, and our payment terms will continue after termination or cancellation by you or us. If you cancel your contract with us, please do so in writing by email at [email protected] or by post, recorded delivery, to Customer Service, EMSX, S64, Somerset House, London, WC2R 1LA.
6.4. If you or we deactivate your User account as described in this paragraph or withdraw your right to access the EMSX Website, we will delete any Personal Data stored about you in accordance with our Privacy Policy (and as stipulated in the applicable statutory provisions), provided that our rights to use such data in anonymized form pursuant to remains unaffected. You also lose the right previously granted to you to access the EMSX Website.
6.5. If you feel that you can no longer agree to the present Terms and Conditions or the Privacy Policy, at any time, you agree to stop using the EMSX Website immediately.
FEES AND PAYMENT TERMS
7.1. When placing an order for any of our products or services, the price will be indicated on the order page, and delivery charges will be clearly indicated and inclusive of VAT.
7.2. Payment must be made at the time of order of the Services.
7.3. We accept payment through our payment portal; please follow the instructions to ensure payment is made, we accept payment through services which include Mastercard and Visa
7.4. We are not liable or responsible for any fees incurred by you through your method of payment and your payment provider.
LIMITATION AND LIABILITY
8.1. Except where we are prohibited by law, we have no liability, under any circumstances, for any loss suffered by you, by the use of our Services.
INTELLECTUAL PROPERTY
9.1. All trademarks, service marks, logos, trade names, intellectual property and any other proprietary designations of Andrews Advisory Limited used herein are trademarks or registered trademarks of ours.
9.2. Any other trademarks, service marks, logos, trade names, intellectual property and any other proprietary designs are the trademarks or registered trademarks of other parties.
9.3. No User may use in any way whatsoever any of these trademarks, logos, trade names, proprietary designs, intellectual property rights and the like whether they are ours or belong to any other person without prior written agreement from us (if they are ours) or from the holders of such trademarks, logos, trade names, proprietary designs, intellectual property rights and the like.
CHANGES TO OUR TERMS AND CONDITIONS
10.1. We have the right to amend, adapt or supplement the present Terms and Conditions from time to time.
10.2. Any changes to these Terms and Conditions will usually be the result of new features being added to the EMSX Website, or of changes in the legislation or applicable regulations.
10.3. We will contact registered Users to notify you of any changes or additions to these Terms and Conditions at least 30 calendar days before any changes or additions to these Terms and Conditions take effect. If you do not object within 30 days of receipt of notice, such changes and additions will be regarded as effective and agreed upon from the deadline onward. We will inform you of your right of objection and the consequences of the objection in our notice of changes to the Terms and Conditions. If, in the event of your objection to the amendment within the agreed timeframe, it is legally, economically or technically unreasonable for us to continue the provision of the EMSX Website, we are entitled to terminate the agreement no earlier than the effective date of the amendment set forth in the notification. Any other right of termination remains unaffected.
10.4. Unregistered Users must read the latest Terms and Conditions every time they use the EMSX Website.
10.5. The current version of the Terms and Conditions includes all provisions governing the contractual relationship between you and us. Older versions of the Terms and Conditions no longer apply to our contractual relationship and are entirely replaced by the current version.
LIABILITY
11.1. The information is made available by EMSX as is, without warranty, guarantee or representation of any kind.
11.2. To the maximum extent permitted by law, you acknowledge and agree that the entire risk arising out of your use of these Services is entirely yours and remains with you at all times, both, before, during and after such risk may apply.
11.3. Neither us nor any other party involved in the creation, production, or delivery of the Services will be liable, in any way, for any incidental, special, exemplary, legal (reasonable costs) or consequential losses or damages, this to include but not exclusively, any loss of profits, loss of data, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute services, or for any damages whatsoever of a personal nature, including bodily injury, emotional distress arising out of or in connection with these Terms and Conditions, from the use of or inability to use the Services, this also from any communications, interactions or meetings with other Users of the Services, or other persons with whom you communicate or interact with as a result of your use of the EMSX Website and its Services. Whether or not they are based on warranty, contract, tort, this to include negligence, product liability or any other such thing, whether or not we have been informed of such matters and the possibility of any such damages or alike, this also, even if a limited remedy set forth and contained in these Terms and Conditions has failed or could fail, because of essential purpose.
11.4. In the circumstances or event our aggregate liability arising out of or in connection with these Terms and Conditions and your use of the EMSX Website and its Services, this includes but is not limited to, your use of the Services, or from your use or inability to use the Services, exceed the amounts you have paid or owe for the Services, our liability is limited to one hundred pounds (£100).
11.5. In respect of clause 11.4 and the sums detailed, if no such payments have been made, as applicable, the limitations of damages set forth in clause 11.4 are fundamental elements of the basis of any contract between Us and you.
11.6. Nothing in this Agreement shall exclude or limit any liability which cannot lawfully be so limited or excluded at law.
INDEMNITY
12.1. You agree to release, indemnify, and hold us and our, contractors, sub-contractor, affiliates and subsidiaries and agents and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
12.1.1. Your access to or use of the services or your violation of any of these Terms; and/or
12.1.2. Any reliance on any information exchanged through the Service; and/or
12.1.3. We shall have the right to control and agree or otherwise and defend and settle all actions.
WAIVER AND SEVERABILITY
13.1. If any provisions of these agreements prove to be illegal or unenforceable, the remainder of these agreements will continue in full force and effect.
13.2. The failure of any party to enforce at any time or for any period any one or more of the terms of this agreement will not be a waiver of them or of the right at any time subsequently to enforce all of the Terms of this agreement.
13.3. Any waiver of any breach of this agreement, or any default, under any provision of this agreement by Andrews Advisory Limited or any User shall only be valid if agreed and in writing. Any further or subsequent breach or default by the Company or Registered User whether similar or otherwise shall in no way affect the Terms of this Agreement. Similarly, any failure in delay, by either party to this agreement, to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any of its rights, under these Terms.
DISCLAIMER
14.1. If You choose to use the EMSX Website, you do so entirely at your own risk.
14.2. You acknowledge and agree that the information, on the EMSX Website and all of its Services, is provided on an “as is” and “as available” basis.
14.3. All of the content is provided without warranty of any kind, either expressly or implied and without limitation.
14.4. We make no warranty that the site, services or content, or any information provided via any registration will meet your requirements or will be available or made available on an uninterrupted, secure or error free basis.
14.5. We make no warranty in respect of the quality of any content, the truthfulness, completeness or reliability of any content obtained through the site or service.
14.6. No advice or information, whether either oral or in writing from us, our site or service or any content will create any warranty expressly or otherwise, herein.
THIRD-PARTY RIGHTS
15.1. This shall remain valid for the benefit of and shall be binding upon each party and their successors and assigns. Neither party shall assign any right or obligation hereunder, in whole or in part, without prior written consent of the other Party.
15.2. Only us and you may enforce the terms of this agreement. The Contracts (Rights of Third Parties) Act 1999 is therefore excluded.
SURVIVAL AND ENTIRE AGREEMENT
16.1. Any provision or provisions which are intended to survive this agreement will do so however this agreement is determined.
16.2. This agreement is the entire agreement and understanding between us. This agreement supersedes all previous arrangements and agreements (if any) relating to the matter herein contained. No purported variation of these agreements will be effective unless notified by us, such notification will be made on this site.
DISPUTE RESOLUTION
17.1. We both agree and acknowledge that any dispute, claim or controversy arising out of or in connection with these terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the services or use of the site (collectively “Disputes”) shall be submitted to arbitration. If the Parties do not agree upon an arbitrator, either Party may request a nomination from the Chair of the Arbitration.
17.2. We both agree and acknowledge that should any dispute arise that an appointment of an officer from The Centre for Effective Dispute Resolution (CEDR) will be made and his/her recommendation will be adopted.
17.3. We both agree and acknowledge that each party retains the right to seek injunctive or other equitable relief in a Court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or others intellectual property rights.
17.4. You acknowledge and agree that we are both each waiving the right to a trial by jury or to participate as a plaintiff or class expert in any purported class action or representative proceedings.
17.5. It is agreed and acknowledged unless both of us otherwise agree in writing, the arbitrator may consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceedings.
17.6. If this specific paragraph is held un-enforceable, then the entirety of this “Dispute Resolution,” clause will be deemed void.
17.7. Except as provided in clause 17.6, this “Dispute Resolution,” section will survive any termination of these terms.
LAW AND JURISDICTION
18.1. This Agreement shall be governed by and construed under, in all respects, the Laws of England and Wales.
18.2. We both hereby submit to the exclusive Jurisdiction of the Courts of England and Wales, whether or not any dispute is directly or indirectly related to this contract subject to clause 17.